Insurance (Commissioner’s Remuneration and Allowances) Regulations
Statutory Rules 1973 No. 141 as amended
made under the
Insurance Act 1973
This compilation was prepared on 6 May 2004
taking into account amendments up to SR 1973 No. 225
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Remuneration of Commissioner
3 Travelling allowance of Commissioner
4 Other allowances payable to Commissioner while serving in Australia
5 Allowances payable to Commissioner in respect of service outside Australia
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Insurance (Commissioner’s Remuneration and Allowances) Regulations.
2 Remuneration of Commissioner
In respect of any period of office before 1st January, 1974, the prescribed rate is, for the purposes of subsection 10 (1) of the Insurance Act 1973, Eighteen thousand, nine hundred and nine-five dollars per year.
3 Travelling allowance of Commissioner
Subject to these Regulations, where the Commissioner is necessarily absent from Canberra overnight in the course of performing the duties of his office, travelling allowance is payable to him at the rate of Twenty-eight dollars per day.
4 Other allowances payable to Commissioner while serving in Australia
Subject to these Regulations, the Commissioner is entitled to be paid such allowances, other than travelling allowance in accordance with regulation 3, as would be payable to him under the Public Service Regulations, as in force from time to time, if he were an officer included in the Second Division of the Public Service.
5 Allowances payable to Commissioner in respect of service outside Australia
(1) Where the 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 if he were an officer included in the Second Division of the Public Service.
(2) Where the Commissioner is entitled to be paid travelling allowance in respect of a period under subregulation (1), he is not entitled to be paid travelling allowance or other allowances in respect of that period under regulation 3 or 4.
Notes to the Insurance (Commissioner’s Remuneration and Allowances) Regulations
Note 1
The Insurance (Commissioner’s Remuneration and Allowances) Regulations (in force under the Insurance Act 1973) as shown in this compilation comprise Statutory Rules 1973 No. 141 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1973 No. 141 | 2 Apr 1973 | 2 Apr 1973 | |
1973 No. 225 | 22 Nov 1973 | 22 Nov 1973 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 3................. | am. 1973 No. 225 |
Overview
The Insurance (Commissioner’s Remuneration and Allowances) Regulations, Statutory Rules 1973 No. 141 as amended, were introduced to provide specific guidelines on the remuneration and allowances for the Commissioner under the Insurance Act 1973. Enacted by the Parliament of Australia, the regulations aim to ensure that the Commissioner is appropriately compensated for the duties they perform, both within Australia and abroad, thereby maintaining consistency with the allowances provided to other public service officers. These regulations establish the prescribed rate of remuneration for the Commissioner, delineate the travel allowances for domestic and international duties, and outline other allowances that are payable while the Commissioner is serving in Australia. The policy objective is to maintain a transparent and equitable remuneration structure that aligns with public service standards.
Scope and Application
The Insurance (Commissioner’s Remuneration and Allowances) Regulations, enacted under the Insurance Act 1973, apply specifically to the Commissioner of Insurance, governing their remuneration and allowances during the course of their duties. This legislation details the remuneration rate for any period of office before 1 January 1974, specifying an annual rate of Eighteen thousand, nine hundred and nine-five dollars. It also outlines allowances for travel and other expenses, both while serving in Australia and when performing duties outside Australia. For travel, a daily allowance of Twenty-eight dollars is payable if the Commissioner is absent from Canberra overnight, and other allowances are determined by the Public Service Regulations applicable to the Second Division of the Public Service. The regulations extend to include allowances for service outside Australia, ensuring the Commissioner receives equivalent benefits to those of a Second Division officer in the Public Service, with specific provisions excluding certain allowances when others are applicable. The regulations are subject to amendments via subordinate instruments, as evidenced by the statutory rules and amendments table.
Key Provisions
The Insurance (Commissioner’s Remuneration and Allowances) Regulations 1973, as amended, detail the financial provisions for the Commissioner of Insurance under the Insurance Act 1973. Regulation 2 specifies the remuneration of the Commissioner, setting the prescribed rate for any period of office before 1 January 1974 at eighteen thousand, nine hundred and ninety-five dollars per year, in line with subsection 10(1) of the Insurance Act 1973. Regulation 3 outlines the travelling allowance, providing a daily rate of twenty-eight dollars to the Commissioner for nights spent away from Canberra while performing official duties. Regulation 4 extends this to other allowances payable within Australia, which should align with those under the Public Service Regulations for officers in the Second Division. For services rendered outside Australia, Regulation 5 ensures that the Commissioner is entitled to allowances equivalent to those of an officer in the Second Division of the Public Service, barring any entitlement to travelling allowance under Regulation 3 or 4 for the same period.
These Regulations impose specific financial obligations on the government to ensure the Commissioner is compensated appropriately for their duties. By setting a clear remuneration structure, the Regulations ensure that the Commissioner’s income is defined and consistent with that of other public service officers of equivalent rank. Additionally, the allowance provisions, particularly for travel and other expenses, are intended to cover the costs associated with the Commissioner's official duties, both within and outside Australia. These allowances are meant to be consistent with those provided to other public service officers in the Second Division, ensuring fairness and adherence to public service standards.
Failure to comply with these financial provisions could lead to legal ramifications, though the specific Regulations do not explicitly detail offences, penalties, or consequences for non-compliance. However, under the broader legislative framework of the Insurance Act 1973, non-compliance with remuneration and allowance provisions could potentially be considered breaches of contract or breaches of statutory duty, leading to civil or administrative penalties. The precise consequences would depend on the specific nature of the breach and the jurisdiction's interpretation of the Act's provisions.