EXPLANATORY STATEMENT
Statutory Rules No. 99
Issued by the authority of the Prime Minister
ECONOMIC PLANNING ADVISORY COUNCIL (ALLOWANCES FOR EXPENSES) REGULATIONS
Authority
• Section 28 of the Economic Planning Advisory Council Act 1983 provides that the Governor-General may make regulations, not inconsistent with this Act, prescribing matters -
(a) required or permitted to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
• Sub-sections 11(2) and 21(2) of the Act provide as follows:
11(2) The regulations may provide for the payment to all or any of the members (other than a member who is also a member of the Parliament of the Commonwealth or of the Parliament of a State) of allowances for expenses
21(2) The regulations may provide for the payment to members of committees established under section 19 (other than a member of a committee who is a member of the Parliament of the Commonwealth or of the Parliament of a State) of allowances for expenses.
Outline
The regulations provide that where such a member of the Council or a committee is by reason of his attendance at meetings of the Council or a committee, or of his engagement, with the approval of the Council or committee as the case may be, on the affairs of the Council or a committee, necessarily absent from his place of residence he is entitled to travelling allowance in respect of that absence. The allowance payable is prescribed to be that set for part-time members of the Albury-Wodonga Development Corporation. This mechanism links the travelling allowance of members to the highest level for public office holders.
The allowances proposed are in addition to the cost of conveyance i.e. additional to the cost of air fares, for example, which are provided for administratively.
Overview
The Economic Planning Advisory Council (Allowances for Expenses) Regulations 2004, enacted under the authority of the Prime Minister, aim to address the need for providing allowances for expenses to members of the Economic Planning Advisory Council and its committees. This was enacted pursuant to Section 28 of the Economic Planning Advisory Council Act 1983, which empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act. The policy objective behind these regulations is to ensure that members who are absent from their place of residence due to their engagement with the Council or its committees receive appropriate compensation for their travel expenses. This is achieved by linking the level of these allowances to those provided for part-time members of the Albury-Wodonga Development Corporation, thereby aligning them with the highest standards for public office holders. These allowances are in addition to the costs of conveyance, such as airfares, which are separately managed administratively.
Scope and Application
The Economic Planning Advisory Council (Allowances for Expenses) Regulations, issued under the authority of the Prime Minister and pursuant to the Economic Planning Advisory Council Act 1983, establish specific allowances for expenses incurred by members of the Council and its committees. These regulations apply to all members of the Economic Planning Advisory Council and its committees, except those who are also members of the Parliament of the Commonwealth or a State Parliament. The allowances are designed to compensate members for the necessary travel expenses incurred when they are required to be absent from their place of residence due to their attendance at meetings or engagement with Council affairs, subject to Council or committee approval. The allowance is set at the same level as that for part-time members of the Albury-Wodonga Development Corporation, ensuring it aligns with the highest standards for public office holders. The regulations are intended to supplement the cost of conveyance, such as airfares, which are covered separately through administrative provisions. The scope of these regulations is limited to the Commonwealth jurisdiction, with no stated exclusions or thresholds beyond the specified eligibility criteria for members.
Key Provisions
The Economic Planning Advisory Council (Allowances for Expenses) Regulations 2004 (C2004L01782) outlines the allowance provisions for members of the Council and its committees. Section 28 of the Economic Planning Advisory Council Act 1983 allows the Governor-General to make regulations regarding allowances for expenses for members of the Council and its committees. These regulations are specifically designed for members who are not also members of the Commonwealth or State Parliaments.
Under these regulations, members who are necessarily absent from their place of residence due to their attendance at Council or committee meetings, or their engagement in Council or committee affairs with approval, are entitled to a travelling allowance. This allowance is intended to cover the additional expenses incurred due to travel and is prescribed to be the same as the allowance for part-time members of the Albury-Wodonga Development Corporation. This ensures that the allowances are set at a level commensurate with other public office holders.
The obligations imposed by these regulations are primarily on the members of the Council and its committees who qualify for the allowances. They must ensure that their travel and related expenses are necessary and directly attributable to their duties with the Council or committee. This requirement is to ensure that the allowances are used appropriately and only for legitimate expenses incurred in the course of their service.
For breaches of the regulations, the Act does not specify explicit offences, penalties, or civil/criminal consequences. However, it is important to note that any misuse or fraudulent claims for allowances would likely be considered a breach of public trust and could lead to disciplinary actions or legal consequences under other relevant laws. Given the nature of these regulations, any significant misuse would be subject to scrutiny and could result in the revocation of allowances or further administrative or legal action.