STATUTORY RULES.
1936. No. 133
REGULATIONS UNDER THE METEOROLOGY ACT 1906.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Meteorology Act 1906.
Dated this Thirtieth day of September, 1936.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Interior.
Amendments of the Meteorological Regulations.†
Sale of publications.
1. Regulation 2 of the Meteorological Regulations is amended—
(a) by inserting in sub-regulation (1), after the words and figures—
“Bulletins Nos. 16 and 17 2s. per copy Free”,
the words and figures—
“Bulletin No. 18 1s. 6d. per copy Free
“Bulletins Nos. 19 and 20 1s. per copy Free”;
(b) by omitting from sub-regulation (1) the word “Norman” and inserting in its stead the word “Normal”; and
(c) by inserting in sub-regulation (1), after the words and figures—
“Results of Rainfall Observations, Victoria, 1840 to 1910 | 7s. 6d. per copy Free”, |
the words and figures— | |
“Results of Rainfall Observations, Tasmania, all years of record to 1934 | 7s. 6d. per copy Free”. |
Witness fees.
2. Regulation 4 of the Meteorological Regulations is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—
“(1) Where an officer is sub-pœnaed to attend as a witness before a Court, the person at whose instance he is sub-pœnaed shall, before the officer attends the Court, pay to the Commonwealth Meteorologist or his representative—
(a) a sum sufficient to pay the travelling expenses of the officer;
(b) a reasonable amount for the officer’s sustenance; and
(c) (i) if the officer is required to give evidence as to facts— expenses at the rate of £1 1s. per day; or
(ii) if the officer is required to give expert evidence— expenses at the rate of £2 2s. per day.”.
* Notified in the Commonwealth Gazette on , 1936
† Statutory Rules 1926, No. 204, as amended by Statutory Rules 1927, No. 129; 1930, No. 21, and 1932, No. 83.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4649.—Price 3d.
Overview
The Statutory Rules 1936, No. 133, represents a set of regulations made under the Meteorology Act 1906, enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislative instrument was introduced to address administrative and operational adjustments within the meteorology sector, ensuring the effective functioning of meteorological services and the dissemination of meteorological data. These regulations, dated the 30th of September, 1936, aim to update the pricing and procedures for the sale of meteorological publications and the compensation of Commonwealth Meteorologists when they are required to give evidence in court, thereby maintaining the integrity and accessibility of meteorological information and services.
Scope and Application
The Meteorology Regulations 1936, enacted under the Meteorology Act 1906, apply to officers of the Commonwealth Bureau of Meteorology who are required to attend court as witnesses. These regulations specifically address the sale of meteorological publications and the fees for witness attendance. The scope of these regulations is limited to Commonwealth Meteorological officers and their associated expenses when testifying in court. The regulations amend the existing Meteorological Regulations by adjusting the pricing of certain publications and specifying the fees to be paid for the attendance of Meteorological officers in court, including provisions for travel, sustenance, and witness fees based on the nature of the evidence provided. These amendments extend the application of the Meteorology Act to cover new publications and updated fee structures for court-related expenses, thereby ensuring the smooth operation of legal proceedings involving meteorological evidence. The regulations are applicable nationally, as they are made under a Commonwealth Act, and there are no specific exclusions or exemptions mentioned within the text of the statutory rules.
Key Provisions
The Statutory Rules of 1936, No. 133 under the Meteorology Act 1906, made by the Governor-General, include amendments to the Meteorological Regulations. Specifically, Regulation 2 is amended to update the pricing for certain meteorological bulletins and publications. Bulletin No. 18 is now priced at 1s. 6d. per copy, while Bulletins Nos. 19 and 20 are priced at 1s. per copy. Additionally, a new entry is included for "Results of Rainfall Observations, Tasmania, all years of record to 1934," priced at 7s. 6d. per copy (Regulation 2(a)-(c)). Furthermore, Regulation 4 is revised to set out the fees for Commonwealth Meteorologists when they are required to attend court as witnesses. The new sub-regulation mandates that the person who subpoenas the officer must pay for the officer's travel expenses, sustenance, and either daily expenses for factual evidence or expert evidence, depending on the nature of the testimony required (Regulation 4(1)(a)-(c)).
These amendments impose specific financial obligations on individuals or entities that subpoena Commonwealth Meteorologists to testify in court. They must ensure payment for the officer's travel and sustenance, as well as daily expenses based on the type of evidence the officer is expected to provide. Furthermore, these regulations extend to the sale of meteorological publications, setting forth the prices for certain bulletins and the "Results of Rainfall Observations" report for Tasmania.
Failure to comply with the financial obligations outlined in these Regulations may result in legal consequences. Specifically, if an individual or entity fails to pay the stipulated fees for a subpoenaed officer, they may face civil or criminal penalties as prescribed by the relevant laws. The exact nature of these penalties is not detailed in the Regulations themselves but would typically involve fines or other enforcement actions under the broader legislative framework governing the Meteorology Act 1906.