STATUTORY RULES.
1912. No. 55.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Commonwealth Public Service Act 1902 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 28th day of February, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
Regulation 157 made under the provisions of the Commonwealth Public Service Act 1902 is repealed, and a new Regulation, in the following terms, is made in lieu thereof:—
157. Officers not in receipt of forage or equipment allowance who use their own bicycles when travelling on public business, or any officer whose bicycle is used for such purpose, may be allowed in respect thereof at the rate of 3d. per mile for journeys of 20 miles and under; but where the distance travelled exceeds 20 miles the allowance shall be at the rate of 1½d. per mile for each additional mile. Proof must be given that the use of the bicycle results in greater efficiency and saving than would be the case were other means of conveyance employed.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.2965.—Price 3d.
Overview
The Statutory Rules 1912 No. 55, titled Provisional Regulation under the Commonwealth Public Service Act 1902, was enacted in 1912 by the Governor-General in Council. This regulation was introduced to address the need for a provisional measure to amend existing public service regulations, specifically concerning the allowance for officers using their own bicycles for public business travel. The urgency of the regulation's implementation necessitated its immediate operation. The enacting body was the Federal Executive Council, under the authority of the Commonwealth Public Service Act 1902. The policy objective was to provide a temporary allowance for officers who use their bicycles for public service, with the condition that it must be proven that such use results in greater efficiency and savings compared to other means of transport.
The Provisional Regulation replaced Regulation 157 of 1912 and established new rates for bicycle allowances based on the distance travelled, with a differential rate for journeys exceeding 20 miles. This regulation ensured that public service officers could be fairly compensated for using their own bicycles in their duties, subject to evidence of efficiency and cost-effectiveness. The regulation was published by the Government Printer for the State of Victoria, ensuring its accessibility and legal validity within the Commonwealth of Australia.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902 applies to officers within the Commonwealth public service who utilise their own bicycles for public business travel. This regulation specifically pertains to those officers who are not already receiving a forage or equipment allowance, and it outlines the reimbursement rates for the use of bicycles in official duties. The regulation provides allowances at different rates depending on the distance travelled, with a higher rate for shorter journeys and a reduced rate for distances exceeding 20 miles. It is crucial for the officers to demonstrate that the use of their bicycles results in greater efficiency and cost savings compared to other means of transportation to be eligible for the allowance. This regulation operates across the Commonwealth of Australia, binding all officers within the scope of the Commonwealth Public Service Act 1902. The regulation is in effect as a provisional measure, underscoring the urgency of its implementation, and it remains in force until such time as it may be altered or replaced by further legislation.
Key Provisions
The Provisional Regulation, numbered 157 under the Commonwealth Public Service Act 1902, primarily addresses the allowance for public service officers who use their own bicycles for official travel. According to Regulation 157, officers who are not receiving a forage or equipment allowance may be granted a monetary allowance if they use their own bicycles for travel related to their duties. The regulation specifies that for journeys of 20 miles or less, the allowance is set at 3 pence per mile (paragraph 1). For distances exceeding 20 miles, the allowance decreases to 1½ pence per mile for each additional mile beyond 20 miles (paragraph 1). It is imperative that officers provide evidence demonstrating that the use of their bicycle results in greater efficiency and cost savings compared to other modes of transport (paragraph 1).
The Provisional Regulation imposes certain obligations on the officers who wish to claim the allowance. They must ensure that the bicycle is used exclusively for official purposes and that they maintain records of their travel distances and the efficiency savings achieved. The regulation also necessitates that officers submit proof of the efficiency and savings when claiming the allowance (paragraph 1). Furthermore, the regulation is designed to ensure that the allowance is only granted when the use of a bicycle genuinely contributes to operational efficiency and cost savings, thereby promoting economical and effective use of resources within the public service.
Failure to comply with the requirements of this regulation may result in civil or administrative consequences. If an officer falsely claims the allowance or fails to provide the necessary proof of efficiency and savings, they may be subject to disciplinary action, including possible financial penalties or other corrective measures. The regulation does not explicitly state penalties but implies that non-compliance could lead to the withholding of the allowance or further disciplinary measures as deemed appropriate by the relevant authorities. It is also possible that such actions could result in reputational damage to the officer involved.
In summary, Regulation 157 under the Commonwealth Public Service Act 1902 provides a structured allowance for officers who use their bicycles for official travel, provided they demonstrate enhanced efficiency and savings. The regulation clearly outlines the conditions and distances eligible for the allowance, as well as the necessity for substantiation of the claimed benefits. Compliance with these provisions is mandatory for officers seeking the allowance, with potential repercussions for those who fail to adhere to the regulation's stipulations.