EXPLANATORY STATEMENT
STATUTORY RULE NO. 291 OF 1984
ISSUED BY THE AUTHORITY OF
THE MINISTER OF STATE FOR TRANSPORT
INTER-STATE COMMISSION REGULATIONS (AMENDMENT)
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 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.
The amendment repeals regulation 5 of the Inter-State Commission Regulations (which prescribe the travelling allowance at present) and replaces it with a new regulation 5. The new regulation 5 prescribes new rates of travelling allowance for members of the Commission that differ from the existing ones in that the rate for over-night stay in Canberra for all members of the Commission is reduced from $120 to $90 and the rate of over-night stay in any other capital city is increased in the case of the President of the Commission from $120 to $125.
Overview
The Inter-State Commission Regulations (Amendment) Statutory Rule No. 291 of 1984 was introduced to address the need for adjustments in the travelling allowance rates for members of the Inter-State Commission. Enacted by the authority of the Minister of State for Transport, the regulation was made under the provisions of Section 33 of the Inter-State Commission Act 1975. The primary policy objective is to align the travelling allowance rates with current economic conditions and ensure they remain reasonable and fair for members of the Commission in the performance of their duties. The amendment specifically targets the travelling allowance for overnight stays, reducing the rate for stays in Canberra and increasing the rate for the President's overnight stays in other capital cities.
Scope and Application
The Inter-State Commission Regulations (Amendment) Statutory Rule No. 291 of 1984 amends the existing regulations under the Inter-State Commission Act 1975, applying to members of the Commission who are required to travel overnight in the course of their duties. This Act pertains specifically to the financial allowances provided to these members, ensuring they receive appropriate compensation for their travel expenses. The amendment affects the travelling allowance rates, adjusting the overnight stay allowance for members in Canberra and other capital cities, thereby directly impacting the financial entitlements of the Commission's members. The regulations have a national reach, as they apply to the Inter-State Commission, which operates across Australia. There are no stated exclusions or exemptions within the scope of these regulations, and the changes are enacted through the statutory rule issued by the Minister of State for Transport, thereby extending the application of the Act through subordinate instruments.
Key Provisions
The main operative sections of this legislation pertain to the Inter-State Commission Regulations, specifically section 5 (1) of the Inter-State Commission Regulations (Amendment). This section replaces the previous regulation that prescribed travelling allowances for members of the Commission with a new regulation, altering the rates for overnight stays in Canberra and other capital cities. In plain terms, the regulation now sets a lower allowance for staying overnight in Canberra at $90 and a higher allowance for the President of the Commission when staying overnight in any other capital city, now set at $125. These provisions aim to update and adjust the financial compensation for travel and accommodation expenses incurred by Commission members while carrying out their duties.
The obligations and requirements imposed by the Act on the parties or entities it governs primarily revolve around the updated travelling allowance rates. The new regulation necessitates that when a member of the Commission is away from their ordinary residence overnight during their duties, they are entitled to the specified rates of travelling allowance. This means that the Commission must ensure that its members are compensated correctly according to the new rates, which are clearly outlined in the amended regulation. The obligation extends to the timely and accurate disbursement of these allowances as part of the administrative duties of the Commission.
Regarding potential offences, penalties, or consequences for breach, the legislation does not explicitly outline any criminal or civil penalties for non-compliance with the new travelling allowance rates. However, the failure to adhere to the prescribed rates could result in financial discrepancies and administrative issues within the Commission. While the regulation itself does not specify punitive measures, the importance of compliance is underscored by the detailed nature of the allowance rates, implying a requirement for precise adherence to avoid operational disruptions and maintain the integrity of the compensation system for Commission members.