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.
Overview
The Inter-State Commission Regulations 1984 were enacted to address the need for detailed rules regarding the operation of the Inter-State Commission as established under the Inter-State Commission Act 1975. The Act was passed by the Parliament of Australia to facilitate the investigation of issues that cross state borders and require a coordinated response. The Regulations were issued under Section 33 of the Act, which allows the Governor-General to make regulations not inconsistent with the Act for matters required or permitted by it. These Regulations specify the procedures for serving summonses to witnesses, the payment of fees and allowances to witnesses, and the travelling allowances for Commission members, thereby providing a framework for the practical functioning of the Commission as envisioned by the Act. The policy objective of the Regulations, as outlined in the explanatory statement, is to ensure that the Commission can effectively carry out its investigations by establishing clear protocols for the attendance and compensation of witnesses, and the remuneration of Commission members.
Scope and Application
The Inter-State Commission Regulations issued under Section 33 of the Inter-State Commission Act 1975 pertain to the procedural aspects of witness attendance at investigations conducted by the Inter-State Commission. These regulations apply to individuals who are served with a summons to appear as witnesses, ensuring they adhere to attendance requirements and provide truthful testimony under oath or affirmation. The penalties for non-compliance, as stated in Sections 15 and 16(1) of the Act, include a fine of up to $1,000 or imprisonment for up to three months. The regulations also cover the manner in which summonses are served, the payment of fees and allowances for witnesses, and the travelling allowances for Commission members when they are away from their ordinary place of residence on duty. These regulations extend across the Commonwealth of Australia, governing the conduct of witnesses and officials in the context of inter-state investigations. The scope of application is further detailed in subordinate instruments, which include specific rules for witness fees and member allowances, subject to future amendments by the Remuneration and Allowances Act 1973.
Key Provisions
The Inter-State Commission Regulations 1984, made under Section 33 of the Inter-State Commission Act 1975, establish the procedural and logistical framework necessary for the effective functioning of the Commission. Section 15 of the Act mandates that any individual served with a summons to appear as a witness at an investigation by the Commission must attend and report as required, unless they have a reasonable excuse. Failure to comply with this summons can result in a penalty of a fine up to $1,000 or imprisonment for up to three months. Similarly, Section 16(1) of the Act stipulates that witnesses must comply with requirements to take an oath or affirmation, answer questions, and produce documents as necessary. Non-compliance with these obligations can attract the same penalties as specified in Section 15.
The Regulations impose several obligations on the parties governed by the Act. Regulation 3 details the prescribed manner in which a summons must be served to ensure a witness is properly notified of their obligation to appear. Regulation 4 sets out the rules for fixing fees and allowances for witnesses, ensuring that they are adequately compensated for their appearance and expenses. Furthermore, Regulation 5 prescribes the rates for travelling allowances for Commission members, ensuring that they are compensated for their travel-related expenses when away from their ordinary place of residence in the course of their duties.
Breaches of the Act's provisions carry significant consequences. Under Section 15, failure to attend an investigation or report for duty without reasonable excuse can result in a fine of up to $1,000 or imprisonment for three months. Similarly, Section 16(1) carries the same penalties for witnesses who refuse to take an oath or affirmation, fail to answer questions, or decline to produce required documents. These penalties underscore the seriousness with which the Act regards compliance with its mandates, ensuring that the Commission can conduct its investigations without undue hindrance.