Statutory Rules
1977 No. 64
REGULATIONS UNDER THE PAPUA NEW GUINEA (STAFFING ASSISTANCE) ACT 1973.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Papua New Guinea (Staffing Assistance) Act 1973.
Dated this twenty-sixth day of May, 1977.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
ERIC ROBINSON
Minister of State for Post and Telecommunications for and on behalf of the Treasurer.
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REPEAL OF THE PAPUA NEW GUINEA (STAFFING ASSISTANCE) (CONTRACT OFFICERS RETIREMENT BENEFITS) REGULATIONS
Commencement.
1. These Regulations shall be deemed to have come into operation on 1 July 1976.
Repeal.
2. Statutory Rules 1973, No. 240 are repealed.
Transitional.
3. (1) A person—
(a) who was, on 30 June 1976, a contributor within the meaning of the repealed Regulations; or
(b) who—
(i) before 1 July 1976 commenced service in pursuance of a contract of employment entered into by him with the Government of Papua New Guinea; and
(ii) was, immediately before the date on which be commenced that service, a contributor within the meaning of the repealed Regulations,
is entitled to be paid an amount equal to the amount that he would have been entitled to be paid under Part IV of those Regulations if he had resigned on—
(c) in the case of a person referred to in paragraph (a)—30 June 1976; or
(d) in the case of a person referred to in paragraph (b)—the date on which he ceased to be such a contributor.
* Notified in the Australian Government Gazette on 30 May 1977.
(2) For the purposes of sub-regulation (1), the repealed Regulations shall be read as if—
(a) the words “ to the Fund ” in the definition of “ contributor ” in regulation 4 of those Regulations; and
(b) sub-regulation 11 (4) of those Regulations,
were omitted.
(3) Notwithstanding anything contained in Part III of the repealed Regulations, contributions payable under those Regulations on or after 9 June 1976 shall be deemed to have been payable to the Commonwealth and amounts paid on or after that date as those contributions shall be deemed to have been paid to the Commonwealth.
(4) Notwithstanding the repeal effected by regulation 2, regulation 18 of the repealed Regulations continues to apply, on and after 1 July 1976, in relation to any amount payable under Part IV of those Regulations that had not been paid before that date, and for the purposes of the continued application of regulation 18 of the repealed Regulations by virtue of this sub-regulation, each reference in that last-mentioned regulation to the Benefits Board shall be read as a reference to the Commissioner.
(5) In this regulation, “ the repealed Regulations ” means the Regulations repealed by regulation 2.
Overview
The Papua New Guinea (Staffing Assistance) Regulations 1977, made under the Papua New Guinea (Staffing Assistance) Act 1973, were enacted to address issues arising from the termination of previous regulations governing staffing assistance to Papua New Guinea, particularly in relation to retirement benefits for contract officers. These regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and came into effect on 1 July 1976. They repealed the earlier Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations 1973, while ensuring a smooth transition for those who were contributors under the repealed regulations. This was achieved by providing for the payment of benefits to those who were contributors immediately before the repeal, and by adjusting the definitions and contributions to align with the new regulatory framework. The policy objective was to ensure that the transition did not disadvantage those who were covered by the previous regulations and to clarify the administration of retirement benefits moving forward.
Scope and Application
The Regulations under the Papua New Guinea (Staffing Assistance) Act 1973 provide the legal framework for administering the staffing assistance program, ensuring the transition from the previous regulatory scheme is smooth and fair for those affected. These Regulations apply to individuals who were contributors under the repealed Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations and to those who entered into a contract of employment with the Government of Papua New Guinea before 1 July 1976. The Regulations ensure that such individuals are entitled to the same benefits they would have received had they resigned on specific dates, with particular adjustments made to the definitions and contribution arrangements. Importantly, the Regulations also clarify the payment of contributions and benefits, ensuring that any contributions payable after the repeal date are considered to have been paid to the Commonwealth. These provisions ensure continuity in the administration of retirement benefits for affected personnel, reflecting the intent of the original Act to support staffing assistance.
Key Provisions
The Papua New Guinea (Staffing Assistance) Regulations 1977 establish several key provisions under the Papua New Guinea (Staffing Assistance) Act 1973. These regulations came into operation on 1 July 1976, as detailed in Regulation 1. Regulation 2 repeals the previous Papua New Guinea (Staffing Assistance) (Contract Officers Retirement Benefits) Regulations 1973. This repeal means that any rights or obligations under the old regulations are superseded by these new regulations, effective from the date of repeal.
Under these regulations, certain individuals who were contributors under the repealed regulations before 1 July 1976 are entitled to specific payments as outlined in Regulation 3. Specifically, those who were contributors on 30 June 1976, or those who commenced employment with the Government of Papua New Guinea before 1 July 1976 and were contributors immediately before commencing service, are eligible for payments equivalent to what they would have received if they had resigned on 30 June 1976 or the date they ceased to be contributors, respectively. Contributions made after 9 June 1976 are deemed to have been payable to the Commonwealth, and any payments made as such contributions are considered as if paid to the Commonwealth.
The obligations imposed by these regulations include ensuring that contributions are correctly calculated and paid to the appropriate authority. Contributors and employers must adhere to the new payment structure and understand their rights under the regulations. Moreover, the continued application of certain provisions from the repealed regulations, as detailed in Regulation 3, ensures that any outstanding payments from before the repeal are managed according to the existing framework but with specific adjustments, such as references to the Benefits Board being read as references to the Commissioner.
Violations of these regulations may result in various civil or criminal consequences. Although specific offences, penalties, and maximum penalties are not detailed within the provided text, breaches of regulations typically result in fines, legal action, or other administrative penalties as prescribed by the Papua New Guinea (Staffing Assistance) Act 1973 or other relevant legislation. Parties affected by these regulations are expected to comply with all stipulated provisions to avoid any potential legal ramifications.