EXPLANATORY STATEMENT
NATIONAL CRIME AUTHORITY REGULATIONS (AMENDMENT)
STATUTORY RULES NO. 1990 No. 38
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
The purpose of the proposed amendment to the Regulations is to prescribe the annual displacement allowance of $30,000 for all members of the National Crime Authority, including additional members.
Regulation 11 of the National Crime Authority Regulations (the Regulations) prescribes an annual displacement allowance of $30,000 for members other than an additional member. Subsection 7(2) of the Act provides that the National Crime Authority (the Authority) consists of 3 members, (including the Chairman), and any additional member holding an office under subsection 7(8AA) of the Act. Subsection 7(8AA) provides that where there is a reference in force to the Authority and the Inter-Governmental Committee agrees that the appointment of an additional member is necessary, the Committee may create an office for such a member.
The Regulation amends regulation 11 by omitting the limitation that the allowance only applies to a member other than a member holding office under subsection 7(8AA) of the Act.
The displacement allowance is limited compensation for members, for example, who have left private practice at the Bar to take up short-term appointments as members and who must re-establish their practices and the completion of their periods of appointment.
Overview
The National Crime Authority Regulations (Amendment) Statutory Rules No. 1990, No. 38, issued under the authority of the Attorney-General, aim to address the need for consistent financial support for all members of the National Crime Authority, including those appointed under specific circumstances as additional members. This amendment responds to the identified gap in the existing regulations that previously limited the annual displacement allowance of $30,000 to members other than those holding an office under subsection 7(8AA) of the Act. By removing this limitation, the Regulations ensure that all members, regardless of their appointment status, receive the same level of compensation, recognising the professional disruptions they face when transitioning into and out of their roles within the Authority. This policy objective is to provide equitable financial support and recognition for the sacrifices made by all members in their service to the National Crime Authority.
Scope and Application
The National Crime Authority Regulations (Amendment) Statutory Rules No. 1990 No. 38 pertains to the amendment of the existing regulations governing the National Crime Authority, specifically addressing the annual displacement allowance for its members. The amendment targets all members of the National Crime Authority, including both the core members as defined by the Act and any additional members appointed under subsection 7(8AA) if the Inter-Governmental Committee deems such appointments necessary. The purpose of the amendment is to standardise the annual displacement allowance of $30,000 across all members, eliminating any previous distinctions between core and additional members. This allowance serves as compensation for members who transition from private practice, particularly those who must re-establish their practices upon the completion of their appointments with the Authority. The amendment extends the application of the allowance uniformly across all members, ensuring equitable treatment in terms of relocation and transition support. The regulatory change applies nationally, reflecting the overarching jurisdiction of the Commonwealth in matters concerning the National Crime Authority.
Key Provisions
The National Crime Authority Regulations (Amendment) Statutory Rules No. 1990 No. 38 proposes amendments to the existing National Crime Authority Regulations, specifically targeting the annual displacement allowance for members of the National Crime Authority (section 1). Regulation 11 of the Regulations currently specifies an annual displacement allowance of $30,000 for members who are not additional members (section 1). The proposed amendment seeks to remove the limitation that excludes additional members from receiving this allowance (section 1). By doing so, it ensures that all members of the Authority, including additional members, are entitled to the same annual displacement allowance of $30,000 (section 1).
These regulations impose certain obligations on the National Crime Authority and its members. The Authority must ensure that the displacement allowance is properly administered and that all eligible members, including additional members, receive the specified allowance (section 1). Members, in turn, must comply with the conditions set out in the Regulations for receiving the allowance, which likely includes providing evidence of their previous professional engagements and the need for compensation upon leaving their previous practices (section 1). Additionally, the Authority must maintain accurate records and provide any necessary documentation to support claims for the displacement allowance (section 1).
Failure to comply with the provisions of these Regulations could result in civil or criminal consequences, although the specific nature of these consequences is not detailed in the Explanatory Statement. Generally, non-compliance with statutory requirements can lead to enforcement actions by the relevant authorities, which may include fines, penalties, or other legal repercussions (section 1). The maximum penalties for breaches of these Regulations would typically be outlined in the principal Act or other related legislation, but they are not specified in this Explanatory Statement. It is important for all parties involved to adhere strictly to the terms of the Regulations to avoid any potential legal issues (section 1).