Statutory Rules
1973 No. 277
REGULATIONS UNDER THE HIGH COMMISSIONER (UNITED KINGDOM) ACT 1909-1966.*
I, THE GOVERNOR-GENERAL, of Australia, acting with advice of the Executive Council, hereby make the following Regulations under the High Commissioner (United Kingdom) Act 1909-1966.
Dated this eighteenth day of December, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
D. R. WILLESEE
Minister of State for Foreign Affairs.
Amendment of the High Commissioner (Staff) Regulations†
Deputy High Commissioners.
1. Regulation 4a of the High Commissioner (Staff) Regulations is amended by omitting sub-regulation (4) and substituting the following sub-regulation:—
“ (4) A Deputy High Commissioner to whom this sub-regulation applies shall be paid an annual salary equal to the amount of salary which is from time to time payable per annum to an officer within the meaning of the Public Service Act 1922-1973 who occupies an office in the Second Division that is classified at Level 4.”.
Authority for payment of allowances.
2. A person who, in the period that commenced on 1 May 1973 and ended on the day immediately before the commencement of these Regulations, was a Deputy High Commissioner to whom sub-regulation 4a (4) applied during the whole or part of that period is entitled to be paid an allowance of such an amount as would result in the total remuneration of the Deputy Commissioner for the whole or part of that period being not less than the total remuneration that would have been payable to the Deputy Commissioner if the amendment made by regulation 1 had taken effect on 1 May 1973.
* Notified in the Australian Government Gazette on 19 December 1973.
† Statutory Rules 1960, No. 87, as amended by Statutory Rules 1965, No. 87; 1966, No. 76; 1967, Nos. 29 and 79; 1968, Nos. 21, 103, 128 and 164; 1969, Nos. 74, 150 and 192; 1970, Nos. 91, 146, 215 and 216; 1971, Nos. 81, 110 and 151; 1972, Nos. 22, 68 and 77; and 1973, Nos. 71, 177 and 244.
Overview
Statutory Rules 1973 No. 277, enacted under the authority of the High Commissioner (United Kingdom) Act 1909-1966, addresses the need to update the remuneration of Deputy High Commissioners to align with the classifications established under the Public Service Act 1922-1973. The regulations were made by the Governor-General of Australia, Paul Hasluck, in consultation with the Executive Council, and were intended to ensure that Deputy High Commissioners received equitable compensation for their roles. These amendments reflect a commitment to maintaining consistent and fair remuneration practices for public service officers, including those in diplomatic roles, thereby addressing any discrepancies that may have arisen due to changes in public service salary structures.
Scope and Application
The Regulations under the High Commissioner (United Kingdom) Act 1909-1966 primarily apply to Deputy High Commissioners who were serving in that role during the period from 1 May 1973 to the commencement of these Regulations. This legislation specifically addresses the salary adjustments and allowances for Deputy High Commissioners, aligning their remuneration with the salary scales of officers in the Second Division of the Public Service Act 1922-1973. It ensures that Deputy High Commissioners receive an annual salary equivalent to that of a Level 4 classified officer within the Second Division. Furthermore, it provides for the payment of allowances to Deputy High Commissioners who served in that capacity during the specified period, ensuring their total remuneration is not less than what would have been payable had the amendments taken effect from 1 May 1973. These Regulations are part of a broader legislative framework and may be further extended or restricted through subordinate instruments, which may provide additional details or specific applications of the provisions outlined in the primary Act.
Key Provisions
The main operative sections of these Regulations pertain to the amendment of the salary structure for Deputy High Commissioners under the High Commissioner (Staff) Regulations. Specifically, Regulation 1 amends Regulation 4a, which concerns the salary of Deputy High Commissioners. The amendment stipulates that a Deputy High Commissioner shall now receive an annual salary equivalent to the salary of an officer in the Second Division, classified at Level 4, as per the Public Service Act 1922-1973. Regulation 2 addresses the transitional arrangements for Deputy High Commissioners who were in office prior to the effective date of these Regulations, ensuring they receive an allowance that maintains their total remuneration at or above what they would have earned under the amended regulations.
These Regulations impose specific obligations on Deputy High Commissioners who were in office prior to the effective date of these Regulations, as outlined in Regulation 2. They must be entitled to a transitional allowance that ensures their total remuneration is not less than what they would have earned had the amendment taken effect on 1 May 1973. This transitional allowance is meant to provide a smooth adjustment to their remuneration in light of the legislative changes.
There are no specific offences, penalties, or civil/criminal consequences mentioned in these Regulations. The primary focus is on ensuring that Deputy High Commissioners receive appropriate compensation in accordance with the amended salary structure and transitional arrangements. The Regulations aim to maintain fairness and continuity in the remuneration of Deputy High Commissioners while implementing the legislative changes.