STATUTORY RULES.
1913. No. 123.
REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1911.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902-1911 to come into operation forthwith. Such Regulation shall supersede Provisional Regulation (Statutory Rules 1913, No. 37) made on the 1st February, 1913.
Dated the first day of May, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. FINDLEY,
For the Prime Minister,
Regulation 164 made under the provisions of the Commonwealth Public Service Act 1902 is repealed, and a new Regulation in the following terms is made in lieu thereof:—
“164. In cases where officers are required to provide horse and equipment for the performance of their duties, allowances ranging from £24 to £42 per annum may be allowed by the chief officer. Where the minimum rate is considered excessive, it may be reduced by the chief officer, and where the maximum rate is considered to be inadequate to meet the actual expenses of any officer, the Commissioner, on reasonable cause being shown, may authorize an increased rate. Where, by direction of the chief officer, more than one horse must be kept, half the prescribed allowance may be granted for each additional horse.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.6070.—Price 3d.
Overview
The Statutory Rules of 1913, No. 123, issued under the Commonwealth Public Service Act 1902-1911, aim to amend the existing regulations concerning allowances for officers required to provide horses and equipment for their duties. Enacted by the Governor-General in the Federal Executive Council, this legislative instrument seeks to refine and update the allowances provided to officers, ensuring they can adequately cover their expenses while performing their roles. The objective is to provide flexibility in the allowance rates, allowing for reductions where the minimum is deemed too high or increases where the maximum falls short of actual expenses, thereby addressing any financial discrepancies faced by officers in the execution of their duties.
Scope and Application
The Statutory Rules 1913 No. 123, made under the Commonwealth Public Service Act 1902-1911, pertains to the allowances granted to officers within the Commonwealth public service who are required to provide horse and equipment for the execution of their duties. This legislation applies specifically to those officers who need to use horses and associated equipment in their roles, and it provides for allowances ranging from £24 to £42 per annum. The chief officer has the discretion to reduce these allowances if the minimum rate is deemed excessive, and the Commissioner can authorise an increased allowance if the maximum rate is insufficient to cover an officer's actual expenses, provided reasonable cause is shown. Additionally, if a chief officer mandates the use of more than one horse, a reduced allowance may be granted for each additional horse, with half of the prescribed allowance being the standard rate for supplementary horses. This regulation extends across the Commonwealth and supersedes any previous provisional regulations, ensuring that the allowances are consistently applied as per the latest provisions.
Key Provisions
The key provisions of the Statutory Rules 1913, No. 123, made under the Commonwealth Public Service Act 1902-1911, revolve around the allowances provided to officers required to furnish horse and equipment for their duties. Regulation 164 (subsection 164) stipulates that these officers may receive annual allowances between £24 and £42, depending on their needs and the discretion of the chief officer. This range ensures that allowances are neither excessive nor inadequate, with flexibility to adjust according to individual circumstances. The chief officer has the authority to reduce the minimum allowance if deemed excessive and to increase the maximum allowance if justified by the officer’s actual expenses. Furthermore, if an officer is required to maintain more than one horse, the regulation permits the granting of half the prescribed allowance for each additional horse, as directed by the chief officer.
The Act imposes several obligations on the entities it governs. Firstly, it requires the chief officer to assess and determine the appropriate allowance for officers based on their specific duties and the necessity for horse and equipment. This assessment must consider both the minimum and maximum rates set forth in the regulation, ensuring a fair and balanced allowance. Secondly, the Commissioner has a duty to review and authorise increased rates if reasonable cause is presented by an officer, thus upholding the principle of equity within the allowance system. Additionally, the chief officer must direct the allocation of allowances for officers required to keep more than one horse, ensuring that such officers receive appropriate compensation for their additional responsibilities.
Failure to comply with the provisions outlined in Regulation 164 may result in various consequences. While the regulation does not explicitly detail offences or penalties, breaches of the Act could potentially lead to disciplinary actions against the officers or administrative bodies involved. The chief officer and the Commissioner, in their respective capacities, bear the responsibility of ensuring adherence to the regulation, and any failure to do so might result in administrative penalties or other corrective measures. The specific nature and extent of these consequences would depend on the interpretation and enforcement actions taken by the relevant authorities under the Commonwealth Public Service Act 1902-1911.