STATUTORY RULES
1972 No. 161
REGULATION UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1972.*
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 Conciliation and Arbitration Act 1904-1972.
Dated this fourteenth day of September, 1972.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for Labour and National Service.
Amendment of the Conciliation and Arbitration Regulations†
After regulation 165 of the Conciliation and Arbitration Regulations the following regulation is inserted:—
Travelling allowance for Commissioners.
“ 165a.—(1.) Where a Commissioner is necessarily absent overnight from the city or town in which he ordinarily resides in connexion with the performance of his duties as a Commissioner, travelling allowance is payable to him in respect of the period of absence at the rate of Twenty-five dollars per day.
“ (2.) Travelling allowance payable under this regulation is in addition to and does not include, the cost of conveyance.
“ (3.) Travelling allowance is payable under this regulation in respect of travel of a Commissioner on or after the fourth day of August, 1972. ”.
* Notified in the Commonwealth Gazette on 1972.
† Statutory Rules 1956, No. 60, as amended by Statutory Rules 1957, No. 78; 1958, No. 7 and 53; 1959, No. 19; 1960, No. 86; 1961, No. 123; 1963, No. 14; and 1967, Nos. 35 and 136; by Act No. 53 of 1970; and by Statutory Rules 1970, No. 162; 1971, Nos. 95 and 115; and 1972, Nos. 6 and 51.
Printed by Authority by the Government Printer of the Commonwealth of Australia
18159/72—Price 5c 9/23.8.1972
Overview
The Statutory Rules 1972 No. 161, made under the Conciliation and Arbitration Act 1904-1972, introduced a specific regulation regarding the payment of a travelling allowance for Commissioners. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, this legislative instrument aimed to address the need for a standardised allowance for Commissioners who were required to travel for their duties. The regulation provides for a daily allowance of Twenty-five dollars for Commissioners who are necessarily absent overnight from their ordinary place of residence while performing their duties, effective from 4 August 1972. The allowance is to be paid in addition to, and does not include, the cost of conveyance. This regulation was introduced to ensure that Commissioners are adequately compensated for their travel expenses related to their official duties.
Scope and Application
The Conciliation and Arbitration Regulations 1972, made under the Conciliation and Arbitration Act 1904-1972, introduce specific provisions relating to travel allowances for Commissioners. These regulations apply to Commissioners who are required to travel for the performance of their duties, providing them with a daily allowance of Twenty-five dollars for each day they are necessarily absent overnight from their ordinary place of residence. This allowance is payable in addition to, but does not include, the cost of conveyance. The regulation is applicable to travel undertaken on or after 4 August 1972. The scope of these regulations is limited to the financial aspect of travel allowances for Commissioners, without extending to other forms of remuneration or expenses. The regulations do not specify exclusions or exemptions, thus applying broadly to all Commissioners who meet the criteria of being necessarily absent overnight due to their duties. The jurisdictional reach of these regulations is within the Commonwealth of Australia, governed by the overarching Conciliation and Arbitration Act 1904-1972. The regulations do not explicitly extend or restrict their application through subordinate instruments, remaining confined to the specified allowance for travel.
Key Provisions
The main operative section of this legislative instrument (section 165a) introduces a new regulation under the Conciliation and Arbitration Regulations, specifically concerning a travelling allowance for Commissioners. Section 165a(1) provides that if a Commissioner must stay away overnight from their usual place of residence due to their duties, they are eligible for a travelling allowance at a rate of twenty-five dollars per day. This allowance is meant to cover the period of absence and is paid in addition to any other costs incurred, such as transportation, as stated in section 165a(2). The allowance applies to travel undertaken on or after the 4th of August, 1972, as per section 165a(3).
The obligations and requirements imposed by this regulation primarily concern the eligibility and payment of the travelling allowance to Commissioners who must stay away from their usual place of residence for official duties. The regulation specifies the conditions under which a Commissioner qualifies for the allowance, including the necessity of the overnight stay and the connection to official duties. It also clearly outlines that the allowance is supplementary to any other expenses such as travel costs. These provisions ensure that the allowance is granted fairly and consistently to those who genuinely require it for their work.
In terms of potential breaches, the regulation does not explicitly outline offences or penalties for non-compliance. However, the failure to adhere to these provisions might result in disputes regarding the eligibility and amount of the travelling allowance. While the regulation does not specify maximum penalties, any disputes could be subject to the general legal remedies available under the Conciliation and Arbitration Act 1904-1972, which may include civil or administrative actions to resolve the matter. The lack of explicit penalties in this regulation implies that the focus is on establishing clear guidelines rather than punitive measures.