Navigation (Fees and Allowances of Members of Committees) Regulations (Amendment)

Overview

The Statutory Rules 1970 No. 78, enacted by the Governor-General on the advice of the Federal Executive Council, amends the Navigation (Fees and Allowances of Members of Committees) Regulations under the Navigation Act 1912–1970. This legislative instrument addresses the need to update the fees payable to the Chairman and members of committees, reflecting changes in economic conditions and the cost of living. The policy objective is to ensure that the compensation for committee members remains equitable and sufficient to attract and retain qualified personnel for the important work they perform in overseeing maritime navigation and safety. The amendments increase the daily fee for the Chairman from $30 to $40, and for other committee members from $25 to $35. Furthermore, the regulations provide for a transitional arrangement to compensate committee members for meetings held before the amendments took effect, ensuring fairness for those who served during the interim period.

Scope and Application

The Statutory Rules 1970 No. 78, made under the Navigation Act 1912–1970, pertain to amendments of the Navigation (Fees and Allowances of Members of Committees) Regulations. These regulations apply to the members of committees involved in the administration of the Navigation Act, specifically the fees and allowances for the Chairman and other members of these committees. The adjustments in the regulations increase the fee for the Chairman from thirty to forty dollars and for other members from twenty-five to thirty-five dollars. The transitional provisions ensure that any Chairman or committee member who attended a meeting between 1 September 1969 and the commencement of these Regulations is entitled to additional fees retroactively, equal to the difference between the previous and new fee rates. The application of these regulations is national, extending across the Commonwealth of Australia. There are no specific exclusions or exemptions outlined in the regulations, and they are directly applicable as statutory rules, without further extension or restriction through subordinate instruments.

Key Provisions

The key provisions of these Regulations involve amendments to the fees and allowances for members of Committees under the Navigation (Fees and Allowances of Members of Committees) Regulations. Specifically, Regulation 5 has been amended to increase the fee for the Chairman of a Committee from thirty dollars to forty dollars. Similarly, Regulation 6 has been amended to increase the fee for other members of a Committee from twenty-five dollars to thirty-five dollars. These amendments are intended to reflect changes in the compensation for services rendered by these officials. The Regulations impose obligations on the relevant parties, most notably the entitlement to additional fees for services rendered prior to the commencement of these Regulations. Specifically, any Chairman of a Committee, or a member of a Committee other than the Chairman, who attended a meeting of that Committee on a day in the period from and including the first day of September, 1969, to and including the day immediately before the commencement of these Regulations, is entitled to be paid an additional fee for that day. This additional fee is equal to the amount by which the fee or the sum of the fee and additional fee that he was entitled to receive for that day is less than the fee or the sum of the fee and additional fee, as the case may be, that he would have been entitled to receive for that day if the amendments of the Navigation (Fees and Allowances of Members of Committees) Regulations effected by these Regulations had come into force on the first day of September, 1969. This provision ensures that any individuals who were providing services prior to the commencement of the Regulations are compensated appropriately for their work. In terms of consequences for breach, the Regulations do not explicitly outline any offences, penalties, or consequences for non-compliance. However, it can be inferred that failure to pay the amended fees as stipulated by the Regulations may result in legal action, particularly if the affected parties seek to enforce their entitlements to additional fees for services rendered prior to the commencement of the Regulations. The exact nature and extent of any legal consequences would depend on the specific circumstances of the case and the applicable laws in force at the time.