EXPLANATORY STATEMENT
STATUTORY RULE NO. 15 OF 1984
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT
INTER-STATE COMMISSION REGULATIONS
Section 33 of the Inter-State Commission Act 1975 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient for carrying out or giving effect to the Act.
Section 15 of the Act provides as follows:
“A person served, as prescribed, with a summons to appear as a witness at an investigation by the Commission shall not, without reasonable excuse-
(a) fail to attend as required by the summons; or
(b) fail to appear and report himself from day to day unless excused, or released from further attendance by the member presiding at the investigation.
Penalty: $1,000 or imprisonment for 3 months.”
Section 16(1) of the Act provides as follows: “A person appearing as a witness at an investigation by the Commission shall not, without reasonable excuse-
(a) when required in pursuance of Section 13 either to take an oath or make an affirmation-refuse or fail to comply with the requirement;
(b) refuse or fail to answer a question that he is required to answer by the member presiding at the investigation; or
(c) refuse or fail to produce a document that he was required to produce by a summons under this Act served on him as prescribed.
Penalty: $1,000 or imprisonment for 3 months.”
(Section 13 of the Act refers, amongst other things, to the power of the Commission to summon witnesses and require them to either take an oath or make an affirmation.)
Regulation 3 prescribes, for the purposes of sections 15 and 16(1) of the Act, the manner in which a summons is to be served on a witness to appear before the Commission.
Section 13 of the Act provides that a witness summoned under the Act to appear at an investigation by the Commission is entitled, in respect of his appearance as a witness, to be paid by Australia such fees, and such allowances for expenses, as are fixed by or in accordance with the regulations.
Regulation 4 prescribes by Schedule a set of rules to be used by the Commission or the President in fixing fees and expenses of witnesses.
Section 19(2) of the Act provides that where a member of the Commission is absent overnight from his ordinary place of residence in the course of the performance of his duties, he shall be paid travelling allowance at such rate as is prescribed.
Regulation 5 prescribes the rates of travelling allowance for members of the Commission. In due course this regulation will be superseded by
provisions in the Remuneration and Allowances Act 1973 when the members’ salaries and allowances become the subject of specific recommendations made by the Remuneration Tribunal.