STATUTORY RULES.
1943. No. 73.
REGULATIONS UNDER THE HIGH COMMISSIONER ACT 1909-1940.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the High Commissioner Act 1909-1940.
Dated this twenty-third day of March, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for Prime Minister.
Amendments of the High Commissioner (Staff) Regulations.†
Recording and payment of overtime.
1.—(1.) Regulation 46 of the High Commissioner (Staff) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—
“(1.) If an officer whose normal hours of duty are 73½ hours per fortnight is required to commence work before, or continue work after, the normal time for his commencing or ceasing duty and the time on duty involved by the extra work and his normal hours of duty exceeds in the aggregate 83 hours in any one fortnight, the officer shall be paid at overtime rates for any time on duty in excess of 83 hours in that fortnight.
“(1a.) If an officer whose normal hours of duty exceed 73½ hours but do not exceed 88 hours per fortnight is required to commence work before, or continue work after, the normal time for his commencing or ceasing duty and the time on duty involved by the extra work and his normal hours of duty exceeds in the aggregate 88 hours in any one fortnight, the officer shall be paid at overtime rates for any time on duty in excess of 88 hours in that fortnight.
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1941, No. 258.
“(1b.) If an officer whose normal hours of duty exceed 88 hours per fortnight is required to commence work before, or continue work after, the normal time for his commencing or ceasing duty, the officer shall be paid at overtime rates for any time on duty in excess of his normal hours of duty in that fortnight,”.
(2.) This regulation shall come into operation as on and from the date of the commencement of the pay period of the High Commissioner’s Office next following the date of the notification of this regulation in the Gazette.
Meal allowance.
2. Regulation 60 of the High Commissioner (Staff) Regulations is amended by omitting from the table in sub-regulation (1.) the figures “2 0” and inserting in their stead the figures “2 6”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1943 No. 73, Regulations under the High Commissioner Act 1909-1940, were enacted by the Governor-General, on the advice of the Federal Executive Council, to amend the High Commissioner (Staff) Regulations, specifically addressing the recording and payment of overtime. These regulations were introduced to ensure fair compensation for overtime worked by officers, setting out clear guidelines on the maximum allowable hours of work and corresponding overtime rates. This amendment was aimed at maintaining clear and consistent standards for staff working hours and overtime remuneration within the High Commissioner’s Office. The regulations were designed to take effect from the commencement of the next pay period following their notification in the Commonwealth Gazette.
Scope and Application
The Statutory Rules 1943 No. 73 made under the High Commissioner Act 1909-1940 pertain to the amendment of the High Commissioner (Staff) Regulations, specifically addressing the recording and payment of overtime and meal allowances for officers within the High Commissioner's Office. These regulations apply to all officers employed by the High Commissioner's Office, focusing on their overtime payment and meal allowances. The regulations clarify the conditions under which overtime must be paid and adjust the meal allowance for these officers, ensuring that any time worked beyond the stipulated normal hours is compensated at the appropriate overtime rate. This legislative instrument has a jurisdictional reach within the Commonwealth of Australia, as it governs employment conditions within the federal administrative structure. The amendments to the regulations extend to the entire Commonwealth and are enforced as per the pay period following the notification of these changes in the Commonwealth Gazette. There are no explicit exclusions or exemptions mentioned in the text, but the application is specifically limited to officers within the High Commissioner's Office.
Key Provisions
The Statutory Rules 1943, No. 73, made under the High Commissioner Act 1909-1940, introduces specific amendments to the High Commissioner (Staff) Regulations, primarily concerning overtime pay and meal allowances for officers. Regulation 46 has been amended to revise the conditions under which officers are entitled to overtime pay. Specifically, Regulation 46(1) states that an officer with normal hours of 73½ hours per fortnight who works beyond their scheduled hours, resulting in a total of more than 83 hours, will be compensated at overtime rates. Similarly, Regulation 46(1a) stipulates that officers with normal hours exceeding 73½ but not exceeding 88 hours per fortnight will receive overtime pay if their total hours exceed 88 in any fortnight. Lastly, Regulation 46(1b) applies to officers with normal hours exceeding 88 hours per fortnight, who will be paid overtime for any hours worked beyond their normal hours. These changes aim to ensure that officers are fairly compensated for additional hours worked outside their scheduled duty times.
The amended regulations impose specific obligations on the parties involved. For instance, employers must accurately record and calculate the hours worked by officers to determine eligibility for overtime pay as per the new provisions. This involves ensuring that any hours worked beyond the stipulated limits are correctly identified and compensated according to the new rates outlined in the regulations. Additionally, the High Commissioner’s Office is obligated to implement these changes from the commencement of the pay period following the notification of these regulations in the Gazette.
Failure to comply with these regulations may result in legal consequences. While the specific offences and penalties are not detailed in the provided text, breaches of employment regulations typically involve civil or criminal penalties. Such penalties can include fines or other sanctions for non-compliance, depending on the severity and intent behind the breach. Employers found in violation of these regulations could face legal action from affected employees, leading to potential financial and reputational damage. It is crucial for employers to adhere to these provisions to avoid such consequences.