Governor-General Regulations
Statutory Rules 1989 No. 13 as amended
made under the
Governor-General Act 1974
This compilation was prepared on 19 June 2003
[Note: These Regulations are repealed by SR 2003 No. 123]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation
2 Interpretation
3 Allowances-Official Secretary
4 Clothing allowance
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Governor-General Regulations.
2 Interpretation
In these Regulations, unless the contrary intention appears:
Quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October.
the Act means the Governor-General Act 1974.
3 Allowances — Official Secretary
(1) For the purposes of subsection 8 (2) of the Act, the following allowances are prescribed, namely:
(a) the clothing establishment allowance referred to in subregulation 4 (1) or (2);
(b) the clothing maintenance allowance referred to in subregulation 4 (3); and
(c) the allowances payable to a Level 4 officer in the Senior Executive Service of the Australian Public Service.
(2) The allowances referred to in paragraphs (1) (a) and (b) apply in respect of the Official Secretary:
(a) with effect from and including 22 April 1987; and
(b) as if the person who was Official Secretary on 22 April 1987 was appointed as Official Secretary on that day.
4 Clothing allowance
(1) The clothing establishment allowance payable to the Official Secretary in respect of the period of 12 months commencing on 22 April 1987 is:
(a) in respect of a single male person — $1,100;
(b) in respect of a male person who has a spouse — $2,800;
(c) in respect of a single female person — $2,600; and
(d) in respect of a female person who has a spouse — $3,315.
(2) The clothing establishment allowance payable to a person appointed as Official Secretary after 22 April 1987, in respect of the period of 12 months commencing on the day of his or her appointment, is an amount calculated in accordance with the formula:
where:
A is the amount that would have been payable to that person if that person had been appointed as Official Secretary on 22 April 1987 in respect of the period of 12 months commencing on that day.
N is the Consumer Price Index number in respect of clothing for Canberra published by the Australian Statistician in respect of the quarter immediately preceding the quarter during which that person was so appointed as Official Secretary.
(3) The clothing maintenance allowance payable to the Official Secretary in respect of a period of 12 months commencing on an anniversary of the day on which he or she was appointed as Official Secretary is 75% of the amount that would have been payable to that person if that person had been appointed as Official Secretary on that anniversary.
Notes to the Governor-General Regulations
Note 1
The Governor-General Regulations (in force under the Governor-General Act 1974) as shown in this compilation comprise Statutory Rules 1989 No. 13 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1989 No. 13 | 20 Feb 1989 | 20 Feb 1989 | |
2003 No. 123 | 19 June 2003 | 19 June 2003 | — |
Overview
The Governor-General Regulations were enacted under the Governor-General Act 1974 to provide specific allowances for the Official Secretary. These Regulations were created to formalise and clarify the financial entitlements of the Official Secretary in relation to clothing and other benefits, ensuring consistency and fairness in the application of these allowances. The Governor-General Regulations were introduced by the Parliament and aim to provide clear guidelines for the allowances that are payable to the Official Secretary, aligning with the requirements set out in the Governor-General Act 1974. The regulations specify different amounts for clothing allowances based on the marital status and gender of the Official Secretary, and also include provisions for adjustments based on the Consumer Price Index.
Scope and Application
The Governor-General Regulations, made under the Governor-General Act 1974, specify the allowances for the Official Secretary, including clothing establishment and maintenance allowances. These regulations apply to the Official Secretary, who is the principal private secretary to the Governor-General, and are effective from and including 22 April 1987, applying to individuals appointed on or after that date as if they were appointed on that specific date. The allowances are calculated based on the Consumer Price Index for clothing in Canberra, adjusted according to the quarter of appointment. The regulations also include specific amounts for different categories of individuals, such as single or married males and females, with further provisions for annual adjustments based on the Consumer Price Index. These regulations were repealed by Statutory Rules 2003 No. 123, which came into effect on 19 June 2003.
Key Provisions
The Governor-General Regulations (1989) were made under the Governor-General Act 1974 and outline the allowances and benefits available to the Official Secretary. The regulations were most recently amended by Statutory Rules 2003 No. 123, which repealed the 1989 regulations. Section 1 establishes the citation of these regulations as the Governor-General Regulations. Section 2 provides definitions for terms used within the regulations, including clarifying what is meant by "quarter" and "the Act."
Section 3 outlines the allowances prescribed under subsection 8(2) of the Act. These allowances include the clothing establishment allowance, the clothing maintenance allowance, and allowances for a Level 4 officer in the Senior Executive Service of the Australian Public Service. Section 3(2) specifies that these allowances apply to the Official Secretary, with effect from 22 April 1987, as if they were appointed on that date.
Section 4 details the specific amounts for the clothing establishment allowance. For the period of 12 months beginning 22 April 1987, the amounts vary based on the marital status and gender of the Official Secretary. For example, a single male person would receive $1,100, while a married male would receive $2,800. Section 4 also provides a formula for calculating the clothing establishment allowance for any Official Secretary appointed after 22 April 1987, taking into account the Consumer Price Index for clothing in Canberra.
Furthermore, Section 4(3) explains that the clothing maintenance allowance is 75% of the amount that would have been payable if the Official Secretary had been appointed on the anniversary of their appointment. These provisions establish the financial benefits and allowances available to the Official Secretary under the Act.
The Governor-General Regulations impose specific obligations and requirements on the parties governed by these rules. The Official Secretary is entitled to receive the prescribed allowances as outlined in Section 3, provided they meet the eligibility criteria specified. The Australian Public Service must ensure the correct calculation and payment of these allowances according to the formulas and rates set out in Sections 4(1) and 4(2). Additionally, the Australian Statistician's office is responsible for publishing the necessary Consumer Price Index numbers required for the calculations.
Failure to comply with these regulations could result in the Official Secretary not receiving the entitled allowances, potentially leading to financial discrepancies or disputes. There are no explicit offences or penalties mentioned within the text of these regulations; however, non-compliance with statutory requirements could lead to administrative or legal consequences under the broader governance of the Governor-General Act 1974.