STATUTORY RULES
1927. No. 129.
REGULATIONS UNDER THE METEOROLOGICAL 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 Meteorological Act 1906, to come into operation forthwith.
Dated this ninth day of November, 1927.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
C. W. C. MARR
Minister of State for Home and Territories.
Amendment of the Meteorological Regulations.
(Statutory Rules 1926, No. 204).
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 subpoenaed to attend as a witness before a Court, the person at whose instance he is subpoenaed shall pay to the Commonwealth Meteorologist or his representative—
(a) the sum reasonably and actually paid by the officer for travelling expenses;
(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.
By Authority: H. J. Green, Government Printer, Canberra.
1039.—Price 3d.
Overview
The Meteorological Act 1906 was enacted to provide a framework for the collection, dissemination, and use of meteorological data within Australia. This Act was introduced to address the need for standardised weather observations and the provision of weather services, which were essential for public safety, economic activities, and scientific research. The Act established the Commonwealth Bureau of Meteorology and authorised the regulation of meteorological services across the country. The regulations under this Act, including Statutory Rules 1927, No. 129, were made by the Governor-General in accordance with the Federal Executive Council, reflecting the policy objective to streamline and formalise the payment of expenses for officers involved in legal proceedings related to meteorological evidence. These regulations ensure that officers are compensated fairly for their time and expenses when subpoenaed to provide expert testimony in courts or other legal forums.
Scope and Application
The Meteorological Regulations 1927, issued under the authority of the Meteorological Act 1906, apply to Commonwealth Meteorologists and officers who are subpoenaed to attend as witnesses before a court. The regulations govern the reimbursement of expenses incurred by these officers when they are called to provide testimony. Specifically, the person who subpoenas the officer must compensate the Commonwealth Meteorologist or their representative for the officer’s actual travel expenses, a reasonable amount for sustenance, and additional expenses depending on whether the officer provides general or expert evidence. These expenses are to be calculated at specified rates per day. The regulations have a national reach, applicable throughout the Commonwealth of Australia, and their scope is limited to the specific circumstances outlined in the regulation concerning the subpoena of meteorological officers. The regulations do not contain explicit exclusions or thresholds but operate within the confines of the stated conditions for reimbursement. The scope of the regulations may be further extended or detailed through subordinate instruments, although the primary focus remains on ensuring appropriate compensation for officers fulfilling their duties in a legal context.
Key Provisions
The primary sections of the Meteorological Regulations, as amended by Statutory Rules 1927, No. 129, focus on the financial obligations of individuals who subpoena a Commonwealth Meteorologist or their representative to testify in court. Regulation 4, specifically sub-regulation (1), has been amended to detail these financial obligations more clearly (Reg. 4(1)). Essentially, it requires the person who subpoenas the officer to cover three main expenses: the officer's travel costs, a reasonable amount for their sustenance, and a specific daily rate for their time, depending on whether the officer is providing general or expert evidence (Reg. 4(1)(a)-(c)).
These obligations ensure that those who seek the expertise of a Commonwealth Meteorologist in legal proceedings do not impose an undue financial burden on the officer or the Commonwealth. The person who subpoenas the officer must ensure that they cover the officer's travel expenses and sustenance costs, which are to be paid to the Commonwealth Meteorologist or their representative (Reg. 4(1)(a)-(b)). Additionally, the person must compensate the officer at a rate of £1 1s. per day if the officer is providing general evidence or £2 2s. per day if the officer is providing expert evidence (Reg. 4(1)(c)). These provisions aim to facilitate the smooth operation of legal proceedings involving meteorological expertise without financial strain on the officer.
Failure to comply with these financial obligations may result in legal consequences, although the specific regulations do not outline detailed penalties or enforcement mechanisms. However, non-compliance could potentially lead to legal disputes or claims for unpaid expenses, which could be pursued through the courts. It is essential for the person who subpoenas the officer to adhere to these financial obligations to avoid any legal repercussions.
The regulations also implicitly underscore the importance of the Commonwealth Meteorologist's role in legal proceedings, ensuring that their expertise is accessible without financial disincentives. By clearly delineating the financial obligations of those who subpoena the officer, the regulations aim to uphold the integrity of legal processes and protect the interests of both the Commonwealth and the officers involved.