Statutory Rules
1975 No. 73
REGULATIONS UNDER THE INDUSTRIES ASSISTANCE COMMISSION ACT 1973.*
WHEREAS section 12 of the Industries Assistance Commission Act 1973 makes provision for the payment of remuneration and annual allowances to the holders of certain offices and for the payment to the holders of those offices of other allowances:
AND WHEREAS it is provided—
(a) by sub-section 3 (1) of the Remuneration Act 1974 that the holder of an office specified in the Schedule to that Act shall be paid such remuneration as is determined by the Remuneration Tribunal, but, until that remuneration is so determined, he shall be paid such remuneration as is prescribed by regulations made under the Act by virtue of which that office is constituted; and
(b) by sub-section 3 (2) of the Remuneration Act 1974 that, subject to the Remuneration Tribunal Act 1973, the holder of an office specified in the Schedule to the Remuneration Act 1974 shall be paid such allowances as are prescribed by regulations made under the Act by virtue of which that office is constituted:
AND WHEREAS each of the offices of Chairman of the Industries Assistance Commission, Commissioner (other than the Chairman) of the Industries Assistance Commission and Associate Commissioner of the Industries Assistance Commission is an office that is—
(a) constituted by virtue of the Industries Assistance Commission Act 1973; and
(b) specified in the Schedule to the Remuneration Act 1974:
AND WHEREAS it is provided by sub-section 3 (3) of the Remuneration Act 1974 that the power to make regulations contained in an Act referred to in section 3 of the Remuneration Act 1974 extends to the making of regulations for the purposes of that section:
NOW THEREFORE I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Industries Assistance Commission Act 1973.
Dated this eighteenth day of April, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
LIONEL BOWEN
Special Minister of State.
* Notified in the Australian Government Gazette on 29 April 1975.
Amendments of the Industries Assistance Commission Regulations*
Remuneration and annual allowance of Chairman, Commissioners and Associate Commissioners.
1. Regulation 2 of the Industries Assistance Commission Regulations is amended by omitting the words “ before 1 July 1974.”.
Remuneration of Associate Commissioner appointed on 3 May 1974.
2. Regulation 2a of the Industries Assistance Commission Regulations is amended by omitting the words “ and before 1 July 1974 ”.
Commencement.
3. The amendments effected by these Regulations shall be deemed to have come into operation on 1 July 1974.
* Statutory Rules 1973, No. 288, as amended by Statutory Rules 1974, No. 72.
Overview
The Industries Assistance Commission Regulations 1975 (Statutory Rules 1975 No. 73) were enacted to provide for the remuneration and allowances for the holders of certain offices within the Industries Assistance Commission. These regulations were necessary under the authority conferred by section 12 of the Industries Assistance Commission Act 1973, and they were made by the Governor-General of Australia, acting on the advice of the Executive Council. The Remuneration Act 1974 specifies that the remuneration and allowances for the offices of the Chairman, Commissioner, and Associate Commissioner of the Industries Assistance Commission are prescribed by regulations. This legislative instrument aims to ensure that the holders of these offices receive appropriate compensation as determined by the Remuneration Tribunal, or as prescribed by regulations until such determination is made. The amendments to these regulations were designed to update the remuneration and allowances effective from 1 July 1974.
Scope and Application
The Industries Assistance Commission Regulations 1975, made under the Industries Assistance Commission Act 1973, pertain to the remuneration and annual allowances of specific offices within the Industries Assistance Commission, namely the Chairman, Commissioners (excluding the Chairman), and Associate Commissioners. The application of these regulations is confined to the officers holding these positions within the Commonwealth of Australia. These regulations establish the remuneration and allowances for these positions in accordance with the Remuneration Act 1974, until the Remuneration Tribunal determines the remuneration. The regulations were amended to ensure that the remuneration and annual allowances are applicable from 1 July 1974 onwards. The scope of the regulations is further extended and defined through subordinate instruments, allowing for adjustments and clarifications as necessary.
Key Provisions
The principal sections of this legislative instrument pertain to the amendment of the Industries Assistance Commission Regulations, particularly focusing on the remuneration and annual allowances for the Chairman, Commissioners, and Associate Commissioners of the Industries Assistance Commission. Specifically, Regulation 2 is amended to remove the date restriction “before 1 July 1974,” thereby allowing for the continued application of the remuneration provisions post that date (Section 1). Regulation 2a is similarly amended to eliminate the date restriction “and before 1 July 1974,” ensuring that the remuneration for an Associate Commissioner appointed on 3 May 1974 remains applicable without the prior temporal limitation (Section 2). These amendments are designed to take effect as if they had come into operation on 1 July 1974, retroactively aligning with that date (Section 3).
Under these Regulations, the key obligations imposed on the relevant parties include ensuring that the remuneration and annual allowances for the Chairman, Commissioners, and Associate Commissioners of the Industries Assistance Commission are paid in accordance with the amended provisions. The holders of these offices are entitled to receive remuneration as prescribed by the Regulations, and these payments must be made consistently with the specified amendments, which remove the previously restrictive date clauses.
Failure to comply with the provisions of these Regulations could potentially lead to legal consequences. Although the specific offences, penalties, or consequences for breach are not detailed within the text of this instrument, it is implied that non-compliance could result in legal action under the overarching Acts—namely the Industries Assistance Commission Act 1973 and the Remuneration Act 1974. Given the statutory context, any breaches might be subject to the penalties or sanctions outlined within those Acts, although the exact nature of these penalties is not specified within the Regulations themselves.