Statutory Rules
1977 No. 148
REGULATIONS UNDER THE MARITIME COLLEGE ACT 1976.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Maritime College Act 1976.
Dated this sixth day of September, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. L. CARRICK
Minister of State for Education.
MARITIME COLLEGE (ALLOWANCES FOR EXPENSES OF MEMBERS OF INTERIM COUNCIL) REGULATIONS
Citation.
1. These Regulations may be cited as the Maritime College (Allowances for Expenses of Members of Interim Council) Regulations.
Commencement.
2. These Regulations shall be deemed to have come into operation on 14 November 1976.
Travelling allowance.
3. (1) Where a member of the Interim Council (other than a member who is an officer of the Australian Public Service) is, in the performance of his duties, necessarily absent from the city or town in which he normally resides or, where he does not normally reside in a city or town, the place at which he normally resides, he is entitled to be paid in respect of that absence such travelling allowance as would be payable to him in respect of that absence under and in accordance with the relevant determination of the Remuneration Tribunal if—
(a) he were a part-time Commissioner of the Health Insurance Commission; and
(b) that absence were an absence of such a Commissioner of the Health Insurance Commission from his home.
(2) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.
(3) For the purposes of sub-regulation (1), the relevant determination of the Remuneration Tribunal is Determination Number 1976/7, which, by virtue of sub-section 7 (5) of the Remuneration Tribunals Act 1973, is to be deemed to have come into operation on 1 June 1976.
* Notified in the Commonwealth of Australia Gazette on 8 September 1977.
Overview
The Maritime College (Allowances for Expenses of Members of Interim Council) Regulations 1977, enacted as Statutory Rules 1977 No. 148, were formulated under the authority of the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council, to provide specific allowances for the members of the Interim Council of the Maritime College. These regulations were introduced to address the need for clear guidelines on travel and other expense allowances for the Interim Council members, ensuring that they are compensated appropriately while performing their duties. The policy objective behind these regulations was to establish a standardised allowance system that aligns with the remuneration practices for similar roles within the Australian Public Service, as determined by the Remuneration Tribunal.
These regulations were designed to be operational from 14 November 1976, and they specify that members of the Interim Council, excluding those who are officers of the Australian Public Service, are entitled to receive a travelling allowance in cases where their duties require them to be absent from their usual place of residence. This allowance is determined in accordance with the relevant determination of the Remuneration Tribunal, specifically Determination Number 1976/7, which was deemed to have come into effect on 1 June 1976. The allowance provided under these regulations is supplementary to, and does not encompass, the cost of conveyance.
Scope and Application
The Maritime College (Allowances for Expenses of Members of Interim Council) Regulations were made under the Maritime College Act 1976 and apply to members of the Interim Council of the Maritime College who are not officers of the Australian Public Service. These Regulations provide for the payment of a travelling allowance to such members when they are necessarily absent from their normal place of residence in the performance of their duties. The allowance is to be determined in accordance with the relevant determination of the Remuneration Tribunal, specifically Determination Number 1976/7, which applies as though it had come into operation on 1 June 1976. This allowance is in addition to, and does not include, the cost of conveyance. The Regulations came into effect on 14 November 1976 and were deemed to have been in operation from that date. These Regulations apply on a national level as they are made under a Commonwealth Act.
Key Provisions
The Maritime College (Allowances for Expenses of Members of Interim Council) Regulations (C1977L00148) establish specific allowances for members of the Interim Council who must travel for their duties. Section 3(1) of the Regulations specifies that members of the Interim Council, except those who are officers of the Australian Public Service, are entitled to a travelling allowance if they are absent from their normal residence while performing their duties. This allowance is to be calculated based on the relevant determination of the Remuneration Tribunal, specifically Determination Number 1976/7, which came into effect on 1 June 1976. This allowance is intended to mirror what a part-time Commissioner of the Health Insurance Commission would receive for similar travel under the same conditions. It is important to note, as stated in section 3(2), that this allowance is separate from and does not cover the cost of conveyance.
The Regulations impose certain obligations on the members of the Interim Council and the administering authority. Members of the Interim Council who are required to travel for their duties must ensure that their travel is necessary and directly related to their council duties to qualify for the allowance. The administering authority is responsible for verifying the necessity of travel and ensuring that the allowance is calculated and paid in accordance with the relevant Remuneration Tribunal determination. This verification process ensures that the allowances are only used for their intended purpose.
Breach of the conditions set out in these Regulations could result in various consequences. While the Regulations do not explicitly detail offences or penalties for non-compliance, the failure to adhere to the stipulations regarding eligibility for allowances and the necessity of travel could lead to scrutiny and potential recoupment of improperly claimed allowances. Such breaches could also lead to administrative penalties or legal consequences under the broader legislative framework governing public service and administrative conduct. The exact penalties would depend on the specific nature of the breach and the applicable laws at the time.