Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1995 No. 329
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 329
(Issued by the Authority of the Assistant Minister for Industrial Relations)
Maternity Leave (Commonwealth Employees) Act 1973
Maternity Leave (Commonwealth Employees) Regulations (Amendment)
Section 15 of the Maternity Leave (Commonwealth Employees) Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Regulation 6 of the Maternity Leave (Commonwealth Employees) Regulations (the Regulations) provides that for the purposes of paragraph 5(1)(b) of the Act, a person referred to in column 2 of Schedule 3 of the Regulations is a person to whom the Act applies.
Amendments to the Trade Practices Act 1974 by the Competition Policy Reform Act 1995 abolished the Trade Practices Commission and the Prices Surveillance Authority. These institutions were replaced by the Australian Competition and Consumer Commission.
Subregulation 3.2 deletes item 64 from Schedule 3 of the Regulations as the reference to "Member of the Trade Practices Commission" was no longer required when the Trade Practices Commission ceased to exist.
Subregulation 3.1 adds a reference to "Member of the Australian Competition and Consumer Commission" as item 2A in Schedule 3 of the Regulations. This ensures that the Act applies to members of the Australian Competition and Consumer Commission.
Subregulation 1.1 provides that the amending regulations commenced on the date of commencement of Part 3 of the Competition Policy Reform Act 1995, which is also the date on which the Australian Competition and Consumer Commission commenced.
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1995 No. 329 is an amendment to the Maternity Leave (Commonwealth Employees) Regulations 1973. This regulation was introduced to address the need for updating the regulations following the abolishment of the Trade Practices Commission and the Prices Surveillance Authority and their replacement by the Australian Competition and Consumer Commission. The enacting body is the Parliament of Australia. The policy objective is to ensure that the Maternity Leave (Commonwealth Employees) Act 1973 continues to apply to relevant personnel within the Commonwealth public service in light of the structural changes within the competition and consumer policy framework. By amending the regulations to include the Australian Competition and Consumer Commission, the Act maintains its applicability to relevant employees within the updated institutional structure.
Scope and Application
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1995 No. 329 amends the Maternity Leave (Commonwealth Employees) Regulations to update the references to institutions relevant to the application of the Maternity Leave (Commonwealth Employees) Act 1973. This Act applies to Commonwealth employees, specifically those identified in Schedule 3 of the Regulations, providing them with maternity leave entitlements. The amendment ensures that the Act continues to apply to the relevant persons by updating the references to reflect the abolition of the Trade Practices Commission and the Prices Surveillance Authority, and the establishment of the Australian Competition and Consumer Commission. The changes ensure the ongoing relevance and applicability of the Act to the intended beneficiaries, maintaining the integrity of maternity leave provisions for Commonwealth employees. The amendments are designed to align the regulations with the current administrative landscape, ensuring that the regulatory framework remains effective and up-to-date.
Key Provisions
The main operative sections of the Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1995 No. 329 involve adjustments to Schedule 3 of the original regulations. Specifically, subregulation 3.2 removes the reference to "Member of the Trade Practices Commission" as item 64 of Schedule 3, while subregulation 3.1 introduces a new reference to "Member of the Australian Competition and Consumer Commission" as item 2A. These changes ensure that the Act now applies to members of the Australian Competition and Consumer Commission, reflecting the abolition of the Trade Practices Commission and the establishment of the new commission. Subregulation 1.1 stipulates that these amendments took effect on the same date as the commencement of Part 3 of the Competition Policy Reform Act 1995, ensuring that the regulations align with the new legislative framework.
The amendments impose specific obligations on the parties governed by the Act. The most significant change is the inclusion of members of the Australian Competition and Consumer Commission within the scope of the Maternity Leave (Commonwealth Employees) Act 1973. This means that members of this commission are now entitled to the same maternity leave provisions as other Commonwealth employees covered by the Act. Furthermore, by removing the outdated reference to the Trade Practices Commission, the regulations ensure clarity and relevance in the application of maternity leave entitlements.
The legislation does not explicitly detail offences, penalties, or civil/criminal consequences for breaches. However, the general provisions of the Maternity Leave (Commonwealth Employees) Act 1973 likely apply, which means that failure to comply with the maternity leave provisions could result in penalties under the broader Act. Such penalties may include financial fines or other sanctions, depending on the nature and severity of the breach. The exact penalties would be determined in accordance with the general enforcement mechanisms provided within the overarching Act.