Industries Assistance Commission Regulations (Amendment)

Overview

The Industries Assistance Commission Regulations (Amendment) Statutory Rules 1982 No. 81 were enacted to address the redundancy caused by the repeal of certain Public Service Regulations that were referenced in the Industries Assistance Commission Regulations. The problem arose because the Public Service and Statutory Authorities Amendment Act 1980 had empowered the Public Service Board to make determinations that replaced regulations under the Public Service Act, leading to the eventual repeal of these regulations. To ensure that the Industries Assistance Commission Regulations remained functional and relevant, the amendments sought to remove the reference to the now-repealed Public Service Regulations. This amendment was issued by the authority of the Minister for Business and Consumer Affairs, aiming to streamline the regulatory framework and eliminate outdated references. The policy objective is to maintain the efficiency and relevance of the regulatory environment, ensuring that the terms and conditions of employment for Commissioners and Associate Commissioners in the Industries Assistance Commission are appropriately addressed without reliance on repealed provisions.

Scope and Application

The Industries Assistance Commission Regulations (Amendment) Statutory Rules 1982 No. 81, issued under the authority of the Minister for Business and Consumer Affairs, aims to update regulation 4 of the Industries Assistance Commission Regulations to eliminate the reference to the Public Service Regulations. This amendment follows the introduction of the Public Service and Statutory Authorities Amendment Act 1980, which empowered the Public Service Board to establish terms and conditions of employment for officers and employees, replacing the previous regulatory framework. Specifically, regulation 4 previously stipulated that Commissioners and Associate Commissioners of the Industries Assistance Commission would receive allowances, excluding travel allowances, equivalent to those payable to officers of the Australian Public Service under the Public Service Regulations. With the Public Service Board working towards a consolidated determination to replace the existing Public Service Regulations and subsequently repeal them, the reference to these regulations in other instruments, including the Industries Assistance Commission Regulations, becomes obsolete. This amendment ensures the ongoing applicability and relevance of the Industries Assistance Commission Regulations by removing redundant references.

Key Provisions

The Industries Assistance Commission Regulations (Amendment) 2004 (No. 81) primarily amends Regulation 4 of the Industries Assistance Commission Regulations (Cth). This amendment, as stated in the explanatory statement, removes the reference to the Public Service Regulations from Regulation 4. Specifically, Regulation 4 previously stipulated that Commissioners and Associate Commissioners in the Industries Assistance Commission were entitled to allowances, excluding travelling allowance, equivalent to those payable to them under the Public Service Regulations if they were officers of the Australian Public Service. This change is made in response to the Public Service and Statutory Authorities Amendment Act 1980, which empowered the Public Service Board to make determinations about the terms and conditions of employment for officers and employees under the Public Service Act, effectively replacing regulations made under that Act. These amendments impose obligations on the Industries Assistance Commission to ensure that the terms of employment and allowances for its Commissioners and Associate Commissioners are aligned with the new determinations made by the Public Service Board. The regulation requires the Commission to adapt its practices to reflect the changes in the Public Service Regulations, ensuring that there are no redundant references or outdated allowances. The Commission must now refer to the new consolidated determinations made by the Public Service Board when determining allowances for its senior officers. Failure to comply with these regulatory amendments could result in legal repercussions for both the Industries Assistance Commission and its Commissioners. Although the explanatory statement does not specify penalties, non-compliance with statutory regulations can generally lead to civil or criminal penalties depending on the severity and intent of the breach. The maximum penalties can vary widely but may include fines, imprisonment, or both, depending on the specific breach and the discretion of the court. Additionally, non-compliance may also result in the invalidity of certain employment agreements or allowances, leading to potential disputes or litigation. In summary, the Industries Assistance Commission Regulations (Amendment) 2004 necessitate that the Commission update its allowances for Commissioners and Associate Commissioners in line with the new determinations by the Public Service Board. This amendment removes outdated references to the Public Service Regulations and requires adherence to the new consolidated determinations. While the specific penalties for non-compliance are not detailed in the explanatory statement, they can include fines, imprisonment, or other legal consequences depending on the nature and severity of the breach.