Statutory Rules
1973 No. 288
REGULATIONS UNDER THE INDUSTRIES ASSISTANCE COMMISSION ACT 1973.*
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 December, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
E. G. WHITLAM
Prime Minister.
INDUSTRIES ASSISTANCE COMMISSION REGULATIONS
Citation.
1. These Regulations may be cited as the Industries Assistance Commission Regulations.
Remuneration and annual allowance of Chairman, Commissioners and Associate Commissioners.
2. In respect of any period of office before 1 July 1974—
(a) the rate of remuneration payable to the Chairman is $29,250 per year and the rate of annual allowance payable to the Chairman is $1,750 per year;
(b) the rate of remuneration payable to a Commissioner (other than the Chairman) is $19,505 per year; and
(c) the rate of remuneration payable to an Associate Commissioner is $19,505 per year.
Travelling allowance.
3. (1) Subject to regulation 5, where a Commissioner or an Associate Commissioner is necessarily absent from Canberra overnight in the course of performing his duties, travelling allowance is payable to him in accordance with this regulation.
(2) Subject to sub-regulation (3), travelling allowance in respect of a period of absence is payable to the Chairman at the rate of $34 per day and to a Commissioner (other than the Chairman) or an Associate Commissioner at the rate of $28 per day.
(3) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.
* Notified in the Australian Government Gazette on 19 December 1973.
Other allowances payable while serving in Australia.
4. Subject to regulation 5, each of the Commissioners and Associate Commissioners is entitled to be paid such allowances, other than travelling allowance, as would be payable to him under the Public Service Regulations, as in force from time to time, if he were an officer of the Australian Public Service and were included—
(a) in the case of the Chairman—in the First Division; or
(b) in the case of a Commissioner (other than the Chairman) or an Associate Commissioner—in the Second Division.
Allowance in respect of service outside Australia.
5. (1) Where a Commissioner or an Associate Commissioner performs duties outside Australia and the Territories not forming part of Australia, he is entitled to be paid such allowances as he would be entitled to be paid—
(a) in the case of the Chairman—if he were the Permanent Head of a Department and in receipt of salary equal to the salary payable to the Secretary to the Department of the Prime Minister and Cabinet; or
(b) in the case of a Commissioner (other than the Chairman) or an Associate Commissioner—if he were an officer of the Australian Public Service and were included in the Second Division.
(2) A person who is entitled to be paid travelling allowance in respect of a period under sub-regulation (1), is not entitled to be paid travelling allowance in respect of that period under regulation 3 or 4.
Overview
The Industries Assistance Commission Regulations, enacted in 1973 under the Industries Assistance Commission Act 1973, were established to provide a regulatory framework for the remuneration, allowances, and conditions of service for the Chairman, Commissioners, and Associate Commissioners of the Industries Assistance Commission. This legislation aimed to ensure that the compensation and benefits for these officials were adequately defined and aligned with the roles and responsibilities they undertook within the Commission. The regulations were made by the Governor-General, acting on the advice of the Executive Council, and the primary policy objective was to establish a transparent and fair system of remuneration and allowances for key personnel within the Commission to support its effective functioning.
The enacting body for these regulations was the Governor-General, Paul Hasluck, who, on the advice of Prime Minister E. G. Whitlam, issued the regulations to implement the provisions of the Industries Assistance Commission Act 1973. The regulations specify detailed rates of remuneration and allowances for the Chairman, Commissioners, and Associate Commissioners, including provisions for travel allowances, annual allowances, and allowances for service outside Australia. These regulations were designed to ensure that the officials received appropriate compensation commensurate with their roles and the demands of their duties.
Scope and Application
The Industries Assistance Commission Regulations, made under the Industries Assistance Commission Act 1973, govern the remuneration and allowances of the Chairman, Commissioners, and Associate Commissioners of the Industries Assistance Commission. These regulations apply to the specified individuals while they are performing their duties, whether within Australia or overseas. The regulations establish specific rates for remuneration, including annual allowances, and detail the conditions for paying travelling allowances and other allowances while serving in Australia. Furthermore, it outlines the allowances for service outside Australia and Territories not forming part of Australia, ensuring that these officials are compensated appropriately for their roles. These regulations do not explicitly mention any exclusions or thresholds but are subject to broader public service regulations for allowances, as referenced in the rules. The scope of these regulations is limited to the financial provisions for the officials of the Industries Assistance Commission and does not extend to other entities or industries, operating under the federal jurisdiction of Australia.
Key Provisions
The main operative sections of these Regulations (sections 2 to 5) specify the remuneration, allowances, and other benefits to which the Chairman, Commissioners, and Associate Commissioners of the Industries Assistance Commission are entitled under various circumstances. Section 2 sets out the rates of remuneration for the Chairman, Commissioners, and Associate Commissioners for any period of office before 1 July 1974, with the Chairman receiving $29,250 per year and an annual allowance of $1,750 per year, while the other Commissioners and Associate Commissioners receive $19,505 per year. Section 3 establishes the rates for travelling allowances for Commissioners and Associate Commissioners who are necessarily absent from Canberra overnight in the course of their duties, with the Chairman receiving $34 per day and other Commissioners and Associate Commissioners receiving $28 per day. Section 4 allows for the payment of other allowances, excluding travelling allowance, to be made in accordance with the Public Service Regulations, with the Chairman receiving allowances equivalent to those of the First Division and other Commissioners and Associate Commissioners receiving allowances equivalent to those of the Second Division. Finally, section 5 sets out the rates of allowances for Commissioners and Associate Commissioners who are performing duties outside Australia and the Territories not forming part of Australia, with the Chairman receiving allowances equivalent to those of the Permanent Head of a Department and other Commissioners and Associate Commissioners receiving allowances equivalent to those of the Second Division.
The obligations imposed on the Industries Assistance Commission by these Regulations include the payment of remuneration and allowances to the Chairman, Commissioners, and Associate Commissioners in accordance with the specified rates. The Regulations also impose an obligation on the Commission to ensure that the Chairman, Commissioners, and Associate Commissioners are provided with the necessary resources to carry out their duties effectively, including the provision of appropriate allowances and benefits.
Any breach of these Regulations by the Industries Assistance Commission or by the Chairman, Commissioners, or Associate Commissioners may result in civil or criminal consequences, depending on the nature and severity of the breach. The Regulations do not specify any particular offences, penalties, or civil or criminal consequences for breach, but breaches of similar regulations under other Acts may be subject to fines, imprisonment, or other penalties as prescribed by law. The maximum penalties for such offences may vary depending on the jurisdiction and the specific provisions of the relevant Act.