STATUTORY RULES.
1933. No. 101.
REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1922-1932.
THE BOARD OF COMMISSIONERS appointed under the Commonwealth Public Service Act 1922-1932, 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 Regulation.
Dated this twenty-fourth day of August, 1933.
W. J. CLEMENS
Commissioner.
Approved in Executive Council this sixth day of September, 1933.
PHILIP GAME
Deputy of the Governor-General.
By His Excellency’s Command,
C. W. C. MARR
for the Prime Minister.
Amendments of Commonwealth Public Service Regulations.
(Statutory Rules 1926, No. 212, as amended to this date.)
1.—(1.) Regulation 90 is repealed and the following regulation inserted in its stead:—
Car or cycle allowances. &c.
“90.— (1.) Officers who are not in receipt of forage or equipment allowance and who use their own motor trucks, motor cars or cycles for official purposes or when travelling on public business, or any officer whose motor truck, motor car or cycle is used for such purposes, may be allowed, in respect of such use, payment at the following rates:—
| Per mile up to 5,000 miles in any twelve months. | Per mile after 5,000 miles in any twelve months. |
| s. | d. | | s. | d. |
Motor truck, 1-ton capacity or over | 0 | 6½ | .. | 0 | 4½ |
Other motor truck.................. | ½d per mile above rate for car of similar horse-power. |
Motor car over 12 horse-power......... | 0 | 5½ | .. | 0 | 3½ |
Motor car over 8 horse-power and not exceeding 12 horse-power | 0 | 4½ | .. | 0 | 2½ |
Motor car 8 horse-power or under....... | 0 | 4 | .. | 0 | 2 |
Motor cycle with side car............ | 0 | 3 | .. | 0 | 1½ |
Motor cycle...................... | 0 | 1¾ | .. | 0 | 1 |
|
In respect of the use of a bicycle the allowance shall be at the rate of 3d per mile, subject to reduction to 1½d. per mile, after the first 20 miles on any journey exceeding that distance.
(2.) The Board may increase the rates prescribed by this regulation in any case in which it is satisfied that they are inadequate.
(3.) An officer shall not be entitled to an allowance under this regulation unless it is shown that the use of a motor truck, motor car, motor cycle or bicycle results in greater efficiency and saving than would be the case were other means of conveyance employed.
(2.) This regulation shall commence on the 28th September, 1933.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1933 No. 101, made under the Commonwealth Public Service Act 1922-1932, were introduced to revise the regulations concerning allowances for officers who use their own vehicles for official purposes or when travelling on public business. This legislation was enacted by the Board of Commissioners appointed under the Commonwealth Public Service Act and approved by the Governor-General, with the aim of ensuring that the rates provided are adequate and that the use of personal vehicles results in greater efficiency and savings compared to other means of conveyance. The new regulation outlines specific rates for various types of vehicles, including motor trucks, motor cars, motor cycles, and bicycles, and grants the Board the authority to adjust these rates if deemed necessary. This amendment was intended to provide a structured and fair approach to compensating officers for the use of their personal vehicles in the course of their duties.
Scope and Application
The Regulation under the Commonwealth Public Service Act 1922-1932 applies to officers within the Commonwealth Public Service who utilise their personal motor trucks, motor cars, cycles, or bicycles for official purposes or when travelling on public business. The regulation specifically excludes officers who are already receiving forage or equipment allowance. The regulation sets forth the rates at which these officers can be compensated for the use of their vehicles, distinguishing between different types of vehicles and mileage thresholds. It also mandates that any allowance granted must demonstrate greater efficiency and cost-effectiveness compared to other means of conveyance. The regulation is applicable across the Commonwealth, reflecting its national scope. Additionally, the Board of Commissioners has the authority to adjust the compensation rates if deemed inadequate. The regulation came into effect on 28th September 1933, following its approval in the Executive Council.
Key Provisions
The principal operative sections of these regulations, specifically Regulation 90, concern allowances for officers using their own vehicles for official purposes. Officers who use their motor trucks, motor cars, cycles, or bicycles for official duties or when travelling on public business may be eligible for payments at specified rates, depending on the type and capacity of the vehicle used (Regulation 90(1)). These rates are differentiated based on vehicle type and capacity, with a particular emphasis on efficiency and savings compared to other means of conveyance (Regulation 90(1), (3)). The Board has the authority to adjust these rates if deemed necessary (Regulation 90(2)).
The obligations imposed by these regulations on the parties involved are primarily centred on the conditions for receiving vehicle allowances. Officers must demonstrate that the use of their vehicles results in greater efficiency and savings than alternative means of transport to qualify for the allowance (Regulation 90(3)). The Board retains the discretion to increase the prescribed rates if it finds them inadequate (Regulation 90(2)). The regulation is designed to ensure that any allowances provided are justified by the demonstrated benefits of using personal vehicles for official purposes.
While the regulations do not explicitly outline specific offences or penalties for non-compliance, breaches of the outlined conditions could potentially lead to legal consequences. For instance, if an officer falsely claims that their vehicle use results in greater efficiency and savings, this could be construed as providing false or misleading information, which may attract penalties under other relevant legislation. The regulations themselves do not stipulate specific penalties but refer to the broader legal framework within which they operate, implying that any breaches of the conditions would be subject to the applicable laws and sanctions of the time.