STATUTORY RULES.
1952. No. 95.
REGULATION UNDER THE HIGH COMMISSIONER ACT 1909-1952.*
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 High Commissioner Act 1909-1952.
Dated this thirtieth day of October, 1952.
W. J. McKell
Governor-General.
By His Excellency’s Command,
ROBERT G. MENZIES
Prime Minister.
Amendment of the High Commissioner (Staff) Regulations.†
Regulation 14 of the High Commissioner (Staff) Regulations is amended—
(a) by omitting from sub-regulation (2.) the words “Where the index number for the six months ending in the month of June or the month of December in any year is less than 98.8, salaries payable in pursuance of regulation 7 of these Regulations shall, as from the commencement of the first fortnightly pay period beginning in the month of August or the month of February” and inserting in their stead the words “Where the index number for the three months ending on the thirty-first day of March, the thirtieth day of June, the thirtieth day of September or the thirty-first day of December in any year is less than 98.8, salaries payable in pursuance of regulation 7 or sub-regulation (2.) of regulation 11 of these Regulations shall, as from the commencement of the first fortnightly pay period beginning in the month of May, August, November or February”; and
(b) by omitting from sub-regulation (4.) the words “Where the index number for the six months ending in the month of June or the month of December in any year exceed 101.2, salaries payable in pursuance of regulation 7 of these
* Notified in the Commonwealth Gazette on 6th November, 1952.
† Statutory Rules 1941, No. 258, as amended by Statutory Rules 1943, Nos. 73 and 300; 1944, No. 172; 1946, Nos. 50 and 97; 1948, No. 58; and 1949, Nos. 11 and 79; 1950, No. 45; and 1952, No. 21.
4351.—Price 3d.
Regulations shall, as from the commencement of the first fortnightly pay period beginning in the month of August or the month of February” and inserting in their stead the words “Where the index number for the three months ending on the thirty-first day of March, the thirtieth day of June, the thirtieth day of September or the thirty-first day of December in any year exceeds 101.2, salaries payable in pursuance of regulation 7 or sub-regulation (2.) of regulation 11 of these Regulations shall, as from the commencement of the first fortnightly pay period beginning in the month of May, August, November or February”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1952 No. 95, enacted under the High Commissioner Act 1909-1952, addresses the need to update the mechanisms for adjusting salaries of staff in Australian diplomatic missions. This regulation was made by the Governor-General in Council, following the advice of the Federal Executive Council. The aim of this amendment was to refine the conditions under which salary adjustments occur based on the Consumer Price Index, shifting from a biannual to a quarterly assessment period. This change likely aimed to ensure more timely and responsive salary adjustments for diplomatic staff, aligning with economic changes more accurately and thus better supporting the operational needs of Australian diplomatic missions overseas.
Scope and Application
The Statutory Rules 1952, No. 95, made under the High Commissioner Act 1909-1952, pertain to the amendment of the High Commissioner (Staff) Regulations. This legislation applies to staff members employed by the Australian High Commission and their remuneration, specifically adjusting the conditions under which salary adjustments are made based on the Consumer Price Index. The regulation modifies the criteria and timing for salary adjustments, impacting those whose pay is determined under the specified regulations. The jurisdictional reach of this regulation is national, as it pertains to the Commonwealth's diplomatic staff. There are no exclusions or exemptions mentioned in this specific regulation, but it is understood that these amendments apply to all relevant staff members without distinction. The regulation does not specify any additional application through subordinate instruments, focusing solely on the amendment of existing salary adjustment criteria.
Key Provisions
The main operative sections of the Statutory Rules 1952 No. 95 (referred to as the "Regulation") pertain to the amendment of Regulation 14 of the High Commissioner (Staff) Regulations (Regulation 14(2) and Regulation 14(4)). These sections adjust the timeframe for changes in salary payable to staff, based on the Consumer Price Index (CPI). Specifically, Regulation 14(2) alters the condition for a salary decrease from six months to three months, while Regulation 14(4) changes the condition for a salary increase from six months to three months. Both adjustments affect the timing of when salary changes will be implemented, based on the CPI index numbers at the end of specific three-month periods (Regulation 14(2)(a) and Regulation 14(4)(a)). These new conditions dictate that salary adjustments will take effect in May, August, November, or February, contingent on the CPI index numbers at the end of March, June, September, or December, respectively (Regulation 14(2)(b) and Regulation 14(4)(b)).
The obligations and requirements imposed by these regulations primarily concern the timing and calculation of salary adjustments for staff. Employers must monitor the CPI index numbers at the end of each specified three-month period, and if the CPI is below 98.8, they must decrease salaries at the start of the subsequent pay period in May, August, November, or February (Regulation 14(2)). Conversely, if the CPI exceeds 101.2, employers must increase salaries at the same time (Regulation 14(4)). These obligations ensure that staff salaries are adjusted in a timely manner, reflecting changes in the cost of living as indicated by the CPI.
Failure to comply with these regulations can lead to various consequences, although the specific legal repercussions are not detailed within the text of the Regulation itself. Generally, non-compliance with legislative requirements can result in administrative penalties, legal action, or both, depending on the nature and severity of the breach. For instance, employers may face fines, orders for corrective action, or other penalties imposed by the relevant authorities. While the exact penalties are not specified in this Regulation, they would typically be outlined in other relevant legislation or administrative guidelines.