STATUTORY RULES.
1923. No. 146.
REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922 (FIFTH AMENDMENT, 1923).
THE BOARD OF COMMISSIONERS appointed under the Commonwealth Public Service Act 1922, in pursuance and exercise of the authority conferred upon it by the said Act, and subject to the approval of the Governor-General, hereby makes the following amendment of the Regulations, such amendment to come into operation as from the 19th July, 1923.
Dated this twenty-eighth day of September, 1923.
C. B. B. White, Chairman, Board of
W. J. Skewes, Commissioners.
J. P. McGlinn,
Approved in Executive Council this tenth day of October, 1923.
W. H. IRVINE,
Deputy of the Governor-General.
By His Excellency’s Command,
Ll. ATKINSON,
for Acting Prime Minister.
Amendment of Commonwealth Public Service Regulations.
After regulation 74 the following regulation is inserted:—
“74a. Any member of the Board, any Permanent Head or Chief Officer, and any officer or class of officer thereto authorized in writing by the Board or by the Permanent Head or Chief Officer may administer any oath or affirmation required by the Act to be made and subscribed by any officer or by any person seeking admission to the Commonwealth Service.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.16092.—Price 3d.
Overview
The Statutory Rules 1923 No. 146, titled Regulations Under the Commonwealth Public Service Act 1922 (Fifth Amendment, 1923), were enacted to amend existing regulations under the Commonwealth Public Service Act 1922. This legislative instrument was introduced to address the need for clarity and expansion in the authority to administer oaths or affirmations within the Commonwealth public service. The Board of Commissioners, appointed under the Commonwealth Public Service Act 1922, made this amendment with the approval of the Governor-General, effective from 19 July 1923. The policy objective was to streamline the process of administering oaths and affirmations by expanding the list of authorised individuals who could perform this duty, thus enhancing administrative efficiency within the public service.
Scope and Application
The Regulations Under the Commonwealth Public Service Act 1922, as amended by Statutory Rules 1923 No. 146, apply to all officers within the Commonwealth Public Service, as well as any individuals seeking admission to the service. This includes members of the Board of Commissioners, Permanent Heads, Chief Officers, and any other officers authorised in writing by the Board or by the Permanent Head or Chief Officer. The amendment made by these regulations, which came into operation from 19 July 1923, specifically addresses the administration of oaths or affirmations required by the Act, allowing designated officials to administer these oaths or affirmations to officers or prospective officers. This regulation extends to the Commonwealth level, affecting the entire public service across Australia. There are no stated exclusions, exemptions, or thresholds within the text provided, and the application of these regulations is further extended through subordinate instruments as necessary.
Key Provisions
The key provision introduced by these regulations is the authority granted to specific individuals within the public service to administer oaths or affirmations (Regulation 74a). This provision specifies that members of the Board, Permanent Heads or Chief Officers, and officers or classes of officers authorised in writing by the Board or by the Permanent Head or Chief Officer, are permitted to administer any oath or affirmation required by the Act. This requirement typically applies to officers or individuals seeking admission to the Commonwealth Service.
The regulations impose clear obligations on the designated individuals who are authorised to administer oaths or affirmations. They must ensure that the oaths or affirmations are properly administered in accordance with the requirements set out in the Commonwealth Public Service Act 1922. This includes verifying the identity of the person making the oath or affirmation and ensuring that the oath or affirmation is made and subscribed correctly. Additionally, these individuals must maintain records of the oaths or affirmations administered, as required by the Act.
Failure to comply with the provisions of the Act or the regulations may result in various consequences. Although the specific offences, penalties, or consequences are not detailed within the text of this particular legislative instrument, the Commonwealth Public Service Act 1922 generally provides for both civil and criminal penalties for breaches of its provisions. These may include fines, imprisonment, or other penalties as determined by the relevant court. The exact nature and severity of these penalties would depend on the specific breach and the provisions of the Act being contravened.