Papua and New Guinea Administrator's Council (Fees, Allowances and Expenses) Regulations

Overview

The Papua and New Guinea Administrator’s Council (Fees, Allowances and Expenses) Regulations 1961 were enacted to provide for the payment of fees, allowances, and expenses to members of the Administrator's Council for the Territory of Papua and New Guinea. These regulations were introduced under the authority of the Papua and New Guinea Act 1949-1960 and were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary objective of these regulations was to ensure that members of the Administrator's Council are adequately compensated for their time and expenses incurred in the performance of their duties, thereby facilitating effective governance and administration in the Territory. These regulations came into operation on 10 April 1961 and were notified in the Commonwealth Gazette on 11 May 1961.

Scope and Application

The Papua and New Guinea Administrator’s Council (Fees, Allowances and Expenses) Regulations 1961 establish the financial entitlements for members of the Administrator’s Council in the Territory of Papua and New Guinea, as governed by the Papua and New Guinea Act 1949-1960. These regulations pertain to members of the Administrator’s Council, excluding the Administrator and those employed in the Public Service, and cover allowances and fees for sittings, travel, and fares incurred in the execution of their duties. The regulations apply to the Territory of Papua and New Guinea and do not extend to members who receive similar allowances under their membership of the Legislative Council. The financial entitlements outlined in these regulations are effective from the tenth of April, 1961.

Key Provisions

The Papua and New Guinea Administrator’s Council (Fees, Allowances and Expenses) Regulations detail the financial entitlements for members of the Administrator’s Council. According to regulation 4, a member of the Administrator’s Council is entitled to a sitting fee of Ten pounds ten shillings for each day they attend a meeting or conduct business, or if they are away from home for such purposes, excluding Sundays. However, members are not entitled to this fee if they are already receiving it for their membership in the Legislative Council (regulation 4(2)). In addition, members are eligible for a travelling allowance, covering their lodging and subsistence costs, plus an allowance of One pound per day for being away from home, provided they are not already receiving such an allowance from their Legislative Council membership (regulation 5). Members are also entitled to reimbursement for fares incurred for attending meetings or conducting business, unless they are already reimbursed by the Legislative Council (regulation 6). Members of the Administrator’s Council have specific obligations under these Regulations, including adhering to the conditions set for receiving sitting fees, travelling allowances, and fare reimbursements. They must ensure that they do not claim entitlements to which they are not entitled under the Regulations, particularly if they hold membership in the Legislative Council, in which case they are not entitled to receive fees or allowances from both bodies (regulations 4(2), 5(2), and 6(2)). These obligations ensure that the entitlements are fairly and correctly distributed. Violation of the Regulations, particularly in relation to claiming entitlements to which one is not entitled, may result in legal consequences. Although the Regulations themselves do not explicitly outline penalties for breaches, any misuse of the entitlements could potentially lead to civil or administrative consequences under the broader Papua and New Guinea Act 1949-1960 or other applicable legislation. Members are expected to comply with the conditions set out in the Regulations to avoid any legal ramifications.