STATUTORY RULES.
1958. No. 12.
REGULATIONS UNDER THE NORTHERN TERRITORY
(ADMINISTRATION) ACT 1910-1956.*
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 Northern Territory (Administration) Act 1910-1956.
Dated this 14th
day of February, 1958.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for Territories.
Amendments of the Northern Territory Legislative Council (Fees and Expenses) Regulations.†
Commencement.
1. These Regulations shall be deemed to have come into operation on the first day of January, 1957.
Fees of elected member of Council.
2. Regulation 5 of the Northern Territory Legislative Council (Fees and Expenses) Regulations is amended by omitting from paragraph (a) of sub-regulation (1.) the words “One hundred and twenty-five pounds per annum” and inserting in their stead the words “One hundred and fifty pounds per annum”.
Travelling allowance of elected member of Council.
3. Regulation 6 of the Northern Territory Legislative Council (Fees and Expenses) Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the words “Three pounds per day” and inserting in their stead the words “Three pounds ten shillings per day”.
Transport expenses of elected member of council.
4. After regulation 6 of the Northern Territory Legislative Council (Fees and Expenses) Regulations the following regulation is added:—
“7.—(1.) Where an elected member of the Council makes a journey for the purpose of visiting, in his capacity as an elected member of the Council, a place or places in his Electoral District, the Administrator may, subject to the next succeeding sub-regulation, authorize, with respect to the whole, or such part as he considers reasonable, of the journey—
(a) the reimbursement to the member of the cost of his fare for so much of the whole, or the part, of the journey as was made by means of public transport; and
* Notified in the Commonwealth Gazette on 20th February , 1958.
† Statutory Rules 1953, No. 63.
344/58.—Price 3d. 9/20.1.1958.
(b) the payment to the member of a mileage allowance, in accordance with the following table, for so much of the whole, or the part, of the journey as was made by means of a motor vehicle not engaged in public transport:—
Type of Vehicle. | Rate of Mileage Allowance per mile. |
| s. | d. |
Motor truck of 1 ton capacity or over ............ | 1 | 0 |
Motor truck of less than 1 ton capacity ........... | The rate specified in this table for a motor vehicle (other than a truck or cycle) of the same horse-power plus d. per mile. |
Motor vehicle (other than a truck or cycle) of 23 horse-power or over | 0 | 11 |
Motor vehicle (other than a truck or cycle) of under 23 horse-power, but not under 15 horse-power | 0 | 10 |
Motor vehicle (other than a truck or cycle) of under 15 horse-power, but not under 10 horse-power | 0 | 10 |
Motor vehicle (other than a truck or cycle) of under 10 horse-power | 0 | 9 |
Motor cycle with side car .................... | 0 | 5 |
Motor cycle............................. | 0 | 4 |
“(2.) Except in exceptional circumstances, the Administrator shall not authorize a reimbursement or payment, for the purpose of the last preceding sub-regulation, with respect to more than two visits by the one member to the one place made within the period of twelve months commencing on the first day of January in a year.”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1958, No. 12, known as the Regulations under the Northern Territory (Administration) Act 1910-1956, were enacted by the Governor-General on 14th February, 1958, with advice from the Federal Executive Council. These regulations were introduced to amend the Northern Territory Legislative Council (Fees and Expenses) Regulations, specifically adjusting allowances for elected members of the Council. The primary objective of these amendments was to adjust the remuneration and travel allowances for elected members to better reflect the costs associated with their duties. This adjustment included increasing the annual fees and daily allowances for travel and transport expenses, as well as introducing a mileage allowance for non-public transport journeys within their electoral districts.
Scope and Application
The Statutory Rules 1958, No. 12, made under the Northern Territory (Administration) Act 1910-1956, primarily amend the Northern Territory Legislative Council (Fees and Expenses) Regulations to adjust the remuneration and allowances for elected members of the Northern Territory Legislative Council. These regulations apply to the elected members of the Legislative Council who undertake duties within their electoral districts. The amendments are effective from January 1, 1957, and focus on increasing the annual fee from £125 to £150 and the daily travelling allowance from £3 to £3.5, while also introducing a new regulation that allows for reimbursement of transport costs and mileage allowances for journeys made for official business. The scope of these regulations is limited to the Northern Territory, reflecting the territorial jurisdiction of the Act. There are no stated exclusions or thresholds in these particular regulations, but they are subject to the discretion of the Administrator in exceptional circumstances. The application of these regulations may be further extended or refined through subordinate instruments as needed.
Key Provisions
The main operative sections of these regulations pertain to amendments to the Northern Territory Legislative Council (Fees and Expenses) Regulations. Regulation 5, which pertains to the annual fees for elected members of the Council, has been amended (Section 2) to increase the annual fee from one hundred and twenty-five pounds to one hundred and fifty pounds. Additionally, Regulation 6, concerning the daily travelling allowance for these members, has been amended (Section 3) to increase the allowance from three pounds to three pounds ten shillings per day. A new regulation (Section 4) has been added, which permits the Administrator to reimburse or compensate members for travel expenses incurred during visits to their electoral districts. This includes reimbursement for public transport fares and mileage allowances for private vehicle use, with the rate varying according to the type and horsepower of the vehicle used.
These regulations impose obligations on the Administrator of the Northern Territory to ensure that elected members of the Legislative Council are appropriately reimbursed for expenses incurred in the execution of their duties. This includes ensuring that members receive the correct annual fees and daily allowances as stipulated in the amended regulations. The Administrator must also authorize reimbursement for travel expenses related to official visits to electoral districts, subject to the conditions outlined in the new regulation.
Breach of these regulations could lead to administrative penalties. However, the specific penalties are not detailed within the legislative text provided. It is expected that any failure to comply with these reimbursement and allowance provisions could result in financial discrepancies for the Legislative Council members, potentially leading to disputes or legal challenges regarding the proper administration of their allowances and expenses.