Curriculum Development Centre Regulations

Legislation au C1977L00144 Regulations Not in force Legislative Instrument

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1977 No. 144

REGULATIONS UNDER THE CURRICULUM DEVELOPMENT CENTRE ACT 1975.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Curriculum Development Centre Act 1975.

Dated this nineteenth day of August, 1977.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

J. L. CARRICK

Minister of State for Education.

 

CURRICULUM DEVELOPMENT CENTRE REGULATIONS

Citation.

1. These Regulations may be cited as the Curriculum Development Centre Regulations.

Interpretation.

2. In these Regulations—

(a) “ Act ” means the Curriculum Development Centre Act 1975; and

(b) a reference to an allowance payable to a person includes a reference to an amount payable to the person in respect of expenditure incurred by the person.

Application of overseas allowances of a Second Division officer.

3. (1) Subject to regulation 7, there is payable to the Chairman, a part-time member of the Council or the Director by way of an allowance in respect of his service outside Australia and the external Territories during a period that commenced, or commences, on or after 26 June 1976 a sum equal to the amount of the allowances payable to him in respect of that period—

(a) if he were an officer of the Second Division of the Australian Public Service during that period; and

(b) if the Centre were a Department of State of the Commonwealth during that period.

 

* Notified in the Commonwealth of Australia Gazette on 23 August 1977.

(2) Where travelling allowance is payable under a determination of the Remuneration Tribunal to a person in respect of a period of service of the kind referred to in sub-regulation (1), a sum is not payable under sub-regulation (1) to the person in respect of travelling allowance in respect of that period.

Allowance for use of private vehicle for the purposes of the Centre.

4. Subject to regulation 7, there is payable to the Chairman, a part-time member of the Council or the Director by way of an allowance in respect of the use of his motor vehicle during a period that commenced, or commences, on or after 4 August 1976 a sum equal to the amount of the allowances payable to him in respect of that period under regulations 90, 90a, 90aa, 90b and 90c of the Public Service Regulations as in force from time to time—

(a) if he were an officer of the Australian Public Service during that period;

(b) if the Centre were a Department of State of the Commonwealth during that period; and

(c) if a reference in those regulations to—

(i) the Commonwealth were read as a reference to the Centre;

(ii) official purposes were read as a reference to the performance of the functions of the Centre; and

(iii) a vehicle owned by the Commonwealth were read as a reference to a vehicle owned or hired by the Centre.

Application of regulations 93 and 97 of the Public Service Regulations to the Director.

5. Subject to regulation 7, there is payable to the Director by way of an allowance in respect of his service during the period commencing 1 September 1975, a sum equal to the amount of the allowances payable to him in respect of that period under regulations 93 and 97 of the Public Service Regulations as in force from time to time—

(a) if he were an officer of the Australian Public Service during that period; and

(b) if the Centre were a Department of State of the Commonwealth during that period.

Removal expenses of Director.

6. Subject to regulation 7, there is payable to the Director by way of an allowance in respect of the cost of the removal to Australia of his furniture and personal effects a sum equal to the amount of the allowances payable to him in that respect if his appointment on 1 September 1975 as Director were an appointment as Permanent Head of a Department of State of the Commonwealth.

Performance of functions in relation to allowances.

7. A sum is not payable under regulation 3, 4, 5 or 6 to a person unless—

(a) a function that is required to be performed by a Minister of State for the Commonwealth in relation to the payment of the amount of an allowance, referred to in that regulation, to an officer of the Australian Public Service is performed by the Minister in relation to the payment of the sum to the person;

(b) a function that is required to be performed by the Permanent Head, or the Chief Officer, of a Department of State of the Commonwealth in relation to the payment of the amount of an allowance, referred to in that regulation, to an officer of the Australian Public Service is performed—

(i) by the Minister in relation to the payment of the sum to the Chairman, part-time member of the Council or the Director; or

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(ii) by the Chairman in relation to the payment of the sum to a part-time member of the Council; and

(c) a function that is required to be performed by the Public Service Board in relation to the payment of the amount of an allowance, referred to in that regulation, to an officer of the Australian Public Service is performed by the Minister in relation to the payment of the sum to the person.

Overview

The Curriculum Development Centre Regulations 1977 were enacted to provide detailed implementation of the provisions set out in the Curriculum Development Centre Act 1975. These regulations were created to ensure that the allowances and other benefits applicable to officers of the Australian Public Service are also applicable to the Chairman, part-time members of the Council, and the Director of the Centre, provided certain conditions are met. The enacting body for these regulations is the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary policy objective behind these regulations is to maintain parity in the remuneration and allowances for officials of the Centre with those of the Australian Public Service, thereby ensuring equitable treatment and consistent application of public service standards within the Centre.

Scope and Application

The Curriculum Development Centre Regulations, made under the Curriculum Development Centre Act 1975, apply specifically to the Chairman, part-time members of the Council, and the Director of the Centre. These Regulations provide for allowances payable to these individuals for services rendered outside Australia and the external Territories, as well as allowances for the use of private vehicles and removal expenses. The allowances are equivalent to those payable to officers of the Second Division of the Australian Public Service and are contingent upon the Centre being classified as a Department of State of the Commonwealth. The Regulations also stipulate that certain functions related to the payment of these allowances must be performed by relevant Ministers or the Chairman. Notably, these Regulations do not apply if specific conditions concerning the Centre's status as a Department of State or the performance of relevant functions by Ministers or the Chairman are not met. The application and scope of these allowances are further defined by reference to existing Public Service Regulations.

Key Provisions

The Curriculum Development Centre Regulations, made under the Curriculum Development Centre Act 1975, provide specific allowances for certain individuals associated with the Centre. Regulation 3 states that an allowance is payable to the Chairman, a part-time member of the Council, or the Director for service outside Australia and the external Territories, as if they were officers of the Second Division of the Australian Public Service during the specified period (Reg. 3(1)). However, if a travelling allowance is already payable by the Remuneration Tribunal, no additional sum is payable under this regulation (Reg. 3(2)). Regulation 4 specifies an allowance for the use of a private vehicle for Centre purposes, equating to the amount payable under specified sections of the Public Service Regulations (Reg. 4). Regulation 5 provides for an allowance to the Director for service starting on 1 September 1975, equivalent to the amount payable under certain Public Service Regulations (Reg. 5). Regulation 6 covers the cost of removing the Director’s furniture and personal effects to Australia, payable as if the Director were the Permanent Head of a Department of State (Reg. 6). These regulations impose obligations on the Centre and its key personnel to ensure that specific functions are performed by the relevant Ministers or officials before allowances are paid. Regulation 7 outlines that an allowance under regulations 3, 4, 5, or 6 is not payable unless the appropriate functions are carried out by the Minister of State, the Permanent Head or Chief Officer of a Department of State, or the Public Service Board (Reg. 7). The Regulations do not explicitly mention offences, penalties, or civil/criminal consequences for breaches. However, the omission to perform the specified functions could result in the disallowance of the allowances, which could lead to financial discrepancies or legal challenges regarding the validity of the payments. The precise consequences of non-compliance would depend on the terms of any relevant agreements or the interpretation by courts or tribunals.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.