National Measurement Regulations (Amendment)

Overview

The National Measurement Regulations (Amendment) 1994 No. 319, issued under the authority of the Minister for Small Business, Customs and Construction, amends the National Measurement Act 1960 to address a gap in the remuneration and allowances structure for the Executive Director of the National Measurement Institute. The Act was enacted by the Parliament of Australia and its primary objective is to ensure that the Executive Director's allowances are aligned with those of other senior executive service officers in the Australian Public Service. Previously, while the Remuneration Tribunal determined the Executive Director's remuneration and travel allowances, other allowances had not been prescribed by regulation. This amendment aims to rectify that oversight by specifying allowances similar to those provided to SES officers in the APS, thereby ensuring consistency and fairness in the compensation framework for the Executive Director.

Scope and Application

The National Measurement Regulations (Amendment) 1994 No. 319, issued under the authority of the Minister for Small Business, Customs and Construction, amends the National Measurement Regulations in relation to the remuneration and allowances of the Executive Director. The regulations apply to the Executive Director of the National Measurement Institute, ensuring their compensation is aligned with the allowances of a Senior Executive Service (SES) Officer within the Australian Public Service. This includes allowances other than travel allowances, which are determined by the Remuneration Tribunal as per Section 18AL(2) of the National Measurement Act 1960. The amendment is designed to standardise the allowances for the Executive Director with those provided to SES Officers, facilitating consistency across federal agencies. The scope of these regulations is confined to the federal level, applying across the Commonwealth of Australia. These regulations do not introduce any exclusions, exemptions, or thresholds beyond what is specified in the Act itself, and any further extensions or restrictions would be detailed in subordinate instruments issued by the relevant authorities.

Key Provisions

The National Measurement Regulations (Amendment) 1994 No. 319 primarily modifies the remuneration and allowances for the Executive Director under the National Measurement Act 1960. Section 18AL(1) of the Act states that the Executive Director's remuneration is determined by the Remuneration Tribunal, with travel allowances also specified in these determinations. However, Section 18AL(2) of the Act indicates that other allowances are prescribed by regulation, a process that has not been completed to date. To address this, the National Standards Commission, at its meeting on 26 August 1993, resolved that the Executive Director should receive allowances comparable to those of a Senior Executive Service (SES) Officer in the Australian Public Service. This decision aligns with similar regulations made by other bodies such as the Australian Institute of Marine Science and the Automotive Industry Authority. The amendment imposes obligations on the National Standards Commission to ensure that the Executive Director's remuneration and allowances are consistent with those of a comparable SES Officer. This includes the necessity to align the prescribed allowances with the relevant standards set for SES Officers in the public service. The Commission is tasked with ensuring these regulations are not only made but also enforced to provide a fair and consistent framework for remuneration and allowances for the Executive Director. The regulations must be clear, specific, and in line with the standards set by the Remuneration Tribunal and other relevant authorities. Failure to comply with the provisions set out in the National Measurement Regulations (Amendment) 1994 No. 319 could result in legal consequences. While specific offences and penalties are not detailed in the provided text, non-compliance with the Act generally could lead to legal action under the National Measurement Act 1960. This might include fines or other penalties as prescribed by the relevant legislation. It is important for the National Standards Commission to adhere to these regulations to avoid any potential breaches that could lead to legal or financial repercussions.