Northern Territory Legislative Council (Fees and Expenses) Regulations 1953 (Amendment)

Overview

Statutory Rules 1959, No. 34, issued under the Northern Territory (Administration) Act 1910-1959, was enacted to amend the Northern Territory Legislative Council (Fees and Expenses) Regulations. The Federal Executive Council, acting on the advice of the Governor-General, introduced these regulations to adjust the mileage allowances payable to elected members of the Northern Territory Legislative Council for their transport expenses. This legislative instrument was designed to ensure that the allowances more accurately reflect the cost of using different types of motor vehicles, providing a structured and equitable system for reimbursement. The policy objective was to update and standardise the reimbursement rates in line with the actual expenses incurred by the members, thereby maintaining fairness and efficiency in the administrative processes of the Northern Territory.

Scope and Application

The Statutory Rules 1959 No. 34, made under the Northern Territory (Administration) Act 1910-1959, specifically amend the Northern Territory Legislative Council (Fees and Expenses) Regulations to modify the transport expenses allowable to elected members of the Council. These Regulations apply to elected members of the Northern Territory Legislative Council and pertain to the reimbursement of mileage for travel conducted in their official capacity, excluding journeys made by public transport. The amendment takes effect from 1 July 1958 and replaces the existing provisions regarding vehicle mileage allowances with a new table of rates based on the horsepower of the motor vehicle used. The scope of the Regulations is confined to the Northern Territory, reflecting the territorial jurisdiction over which the Northern Territory (Administration) Act 1910-1959 holds sway. There are no stated exclusions or exemptions within the text, but the allowance is contingent on the journey being conducted in a private motor vehicle. These Regulations are part of a series of instruments that extend the application of the Northern Territory (Administration) Act 1910-1959 by detailing specific allowances and expenses for elected members.

Key Provisions

The Regulations under the Northern Territory (Administration) Act 1910-1959, specifically amending the Northern Territory Legislative Council (Fees and Expenses) Regulations, provide detailed provisions regarding the transport expenses for elected members of the Council. According to section 2, Regulation 7 of the original Regulations is amended to revise the mileage allowance payable to members for journeys undertaken by motor vehicle. The new rates are set out based on the horsepower of the vehicle used, as follows: for vehicles of 23 horsepower or over, the allowance is 13 shillings and sixpence per mile; for vehicles under 23 horsepower but not under 15 horsepower, the allowance is 12 shillings per mile; for vehicles under 15 horsepower but not under 10½ horsepower, the allowance is 11 shillings per mile; and for vehicles under 10½ horsepower, the allowance is 10 shillings per mile. These changes were effective from 1 July 1958, as stated in section 1. These Regulations impose specific obligations on the Northern Territory Legislative Council and its members regarding the reimbursement of transport expenses. Section 2 of the Regulations requires that the mileage allowance for journeys made by motor vehicle be calculated based on the new rates outlined. Members must ensure that they claim the correct allowance according to the horsepower of the vehicle used, as detailed in the amended Regulation 7. Failure to comply with the requirements of these Regulations could potentially lead to disputes regarding the reimbursement of transport expenses. However, the Regulations themselves do not explicitly outline offences, penalties, or consequences for non-compliance. Any legal repercussions would likely stem from the broader administrative and legislative framework within which these Regulations operate, including any relevant provisions in the Northern Territory (Administration) Act 1910-1959 or other applicable laws. The precise nature of any penalties or consequences would depend on the specific circumstances and any additional regulations or guidelines in place at the time.