STATUTORY RULES
1949. No. 11.
REGULATIONS UNDER THE HIGH COMMISSIONER ACT 1909-1945.*
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 1909-1945.
Dated this twenty-third day of February, 1949.
W. J. McKELL
Governor-General.
By His Excellency's Command,
J. B. CHIFLEY
Prime Minister.
Amendments of the High Commissioner (Staff) Regulations. †
1. After Regulation 13 of the High Commissioner (Staff). Regulations the following regulation is inserted:—
Variations salary on account of variations the cost of living.
“ 14.—(1.) For the purposes of this regulation the term ‘index number’ means the number ascertained by averaging the monthly index figures of the All Items Index of Retail Prices published by the Ministry of Labour and National Service of the United Kingdom in the Ministry of Labour Gazette from time to time, and any decimal figures arrived at as the result of averaging the index figures arithmetically shall be taken to the nearest first decimal figure.
(2.) 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 (as the case may be) next following, be reduced by the appropriate amount as shown in the following table opposite the index number group within which the index number falls:—
Index Number Groups. | Amount of Decrease in Salary. |
Adult Males. | Adult Females. | Officers Under 21 Years of Age. |
| £ | £ | £ |
| per annum. | per annum. | per annum. |
96.3-98.7 ....................... | 6 | 4 | 3 |
93.8-96.2 ....................... | 12 | 8 | 6 |
91.3-93.7 ....................... | 18 | 12 | 9 |
88.8-91.2 ....................... | 24 | 16 | 12 |
86.3-88.7 ....................... | 30 | 20 | 15 |
83.8-86.2 ....................... | 36 | 24 | 18 |
* Notified in the Commonwealth Gazette on 24th February, 1949.
† Statutory Rules 1941, No. 258, as amended by Statutory Rules 1943, Nos. 73 and 300 ; 1944, No. 172; 1946, Nos. 50 and 97; and 1948, No. 58.
568. ─Price 3d.
(3.) If the index number falls below 83.8 salaries shall be further reduced on the basis indicated in the last preceding sub-regulation, that is to say, for each fall of 2.5 points in the index number salaries shall be reduced by £6 per annum in the ease of adult males, £4 per annum in the case of adult females and £3 per annum in the case of officers under twenty-one years of age.
(4.) Where the index number for the six months ending in the month of June or the month of December in any year exceeds 101.2, 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 (as the case may be) next following, be increased by the appropriate amount as shown in the following table opposite the index number group within which the index number falls:—
Index Number Groups. | Amount of Increase In Salary. |
Adult Males. | Adult Females. | Officers Under 21 Years of Age. |
| £ | £ | £ |
| per annum. | per annum. | per annum. |
101.3-103.7..................... | 6 | 4 | 3 |
103.8-106.2..................... | 12 | 8 | 6 |
106.3-108.7..................... | 18 | 12 | 9 |
108.8-111.2..................... | 24 | 16 | 12 |
111.3-113.7..................... | 30 | 20 | 15 |
113.8-116.2..................... | 36 | 24 | 18 |
(5.) If the index number rises above 116.2, salaries shall be further increased on the basis indicated in the last preceding sub-regulation, that is to say, for every rise of 2.5 points in the index number salaries shall be increased by £6 per annum in the case of adult males, £4 per annum in the case of adult females and £3 per annum in the case of officers under twenty-one years of age.”.
Commencement.
2. Regulation 1 of these Regulations shall be deemed to have taken effect as on and from the first day of July, 1947, and the salaries of officers shall be adjusted and payable accordingly.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1949, No. 11, titled Regulations under the High Commissioner Act 1909-1945, were enacted to adjust staff salaries in response to fluctuations in the cost of living, as measured by the United Kingdom's All Items Index of Retail Prices. These regulations were made under the authority of the Governor-General, acting on the advice of the Federal Executive Council, and were designed to ensure that salary adjustments reflect changes in living costs, thereby maintaining the purchasing power of staff members. The regulations specify how salary reductions and increases are to be calculated based on the index number derived from the retail price index, with different rates of adjustment for adult males, adult females, and officers under the age of 21. These provisions aim to provide a structured approach to salary adjustments in line with economic conditions, ensuring that remuneration remains fair and reflective of the actual cost of living.
Scope and Application
These Regulations, made under the High Commissioner Act 1909-1945, are concerned with the adjustment of salaries of staff based on variations in the cost of living, as measured by the All Items Index of Retail Prices published by the Ministry of Labour and National Service of the United Kingdom. The Regulations apply to staff members whose salaries are governed by Regulation 7 of the High Commissioner (Staff) Regulations, with different reductions or increases applying to adult males, adult females, and officers under the age of 21 based on their specific index number groups. The adjustments to salaries are to take effect from the first fortnightly pay period beginning in August or February following the six-month period ending in June or December, as the case may be. This legislation applies across the Commonwealth of Australia, affecting all staff within the scope of the High Commissioner (Staff) Regulations. There are no stated exclusions, exemptions, or thresholds in these Regulations, and they extend or restrict the application of the High Commissioner (Staff) Regulations through the specified adjustments to salaries based on cost of living changes.
Key Provisions
The main operative sections of the Statutory Rules 1949, No. 11, which are regulations under the High Commissioner Act 1909-1945, include the insertion of a new Regulation 14 (paragraph 1). This regulation addresses variations in salary based on changes in the cost of living, as measured by the index number derived from the All Items Index of Retail Prices published by the Ministry of Labour and National Service of the United Kingdom (Regulation 14(1)). The index number is calculated by averaging the monthly index figures from the Ministry of Labour Gazette, with any decimal figures rounded to the nearest first decimal figure. Regulation 14(2) to 14(5) detail the specific salary reductions and increases based on the index number. If the index number falls below certain thresholds, salaries will be reduced accordingly, and if it rises above certain thresholds, salaries will be increased (Regulation 14(2)-(5)).
The obligations imposed by these regulations on the parties or entities they govern include the calculation and application of salary adjustments based on the index number derived from the All Items Index of Retail Prices. The regulations require that if the index number falls below 98.8, salaries shall be reduced, and if it exceeds 101.2, salaries shall be increased (Regulation 14(2)-(5)). These adjustments are to be made from the commencement of the first fortnightly pay period beginning in August or February following the six months ending in June or December (Regulation 14(2)-(5)). The obligation also extends to further reductions or increases if the index number falls below 83.8 or rises above 116.2 respectively, with a specified rate of decrease or increase per 2.5 points in the index number (Regulation 14(3)-(5)).
Any breach of these regulations may not explicitly outline specific offences, penalties, or consequences within the text provided; however, as statutory rules under the High Commissioner Act 1909-1945, non-compliance could potentially lead to legal ramifications under the overarching act or related legislation. The precise penalties or consequences for non-compliance would depend on the specific legal framework and any applicable case law or subsequent amendments to the regulations or the High Commissioner Act itself. It is essential for parties governed by these regulations to adhere to the stipulated salary adjustment mechanisms to avoid any potential legal or administrative issues.