Statutory Rules 1981 No. 1601
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Petroleum Products Pricing (Remuneration and Allowances) Regulations
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Petroleum Products Pricing Act 1981.
Dated 25 June 1981.
STANLEY BURBURY
Administrator
By His Excellency’s Command,
JOHN MOORE
Minister of State for Business and Consumer Affairs
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Citation
1. These Regulations may be cited as the Petroleum Products Pricing (Remuneration and Allowances) Regulations.
Remuneration payable to Commissioner
2. Subject to any determination made under the Remuneration Tribunals Act 1973, the Commissioner shall be paid remuneration at the rate of $49,820 per year.
Allowance payable to Commissioner
3. Subject to any determination made under the Remuneration Tribunals Act 1973, the Commissioner shall be paid an allowance at the rate of $2,275 per year.
Travelling allowance payable to Commissioner
4. Subject to any determination under the Remuneration Tribunals Act 1973, where the Commissioner is, in the course of performing his duties,
necessarily absent overnight from the city or town in which he ordinarily resides or, where he does not ordinarily reside in a city or town, the place at which he ordinarily resides, he is entitled to be paid, in respect of the period of absence, travelling allowance at the rate of $72 per day.
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NOTE
1. Notified in the Commonwealth of Australia Gazette on 26 June 1981.
Overview
The Petroleum Products Pricing (Remuneration and Allowances) Regulations 1981 were enacted to provide specific remuneration and allowances for the Commissioner under the Petroleum Products Pricing Act 1981. The regulations were introduced to ensure that the Commissioner, who is responsible for overseeing the pricing of petroleum products, receives appropriate compensation for their duties. 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 pursuant to the Acts Interpretation Act 1901. The policy objective, as implied by the nature of the regulations, is to appropriately compensate the Commissioner for their role in enforcing and regulating the pricing of petroleum products, ensuring that they are adequately remunerated for their responsibilities.
Scope and Application
The Petroleum Products Pricing (Remuneration and Allowances) Regulations 1981 are subsidiary legislation made under the Petroleum Products Pricing Act 1981 and apply to the remuneration and allowances payable to the Commissioner of Petroleum Products Pricing. The regulations establish the specific rates of remuneration and allowances for the Commissioner, including a base remuneration of $49,820 per year, an annual allowance of $2,275, and a daily travelling allowance of $72 when the Commissioner is necessarily absent overnight from their usual place of residence while performing their duties. These rates are subject to any determinations made under the Remuneration Tribunals Act 1973. The regulations have a national reach, applying across the Commonwealth of Australia, and are intended to ensure that the Commissioner is adequately compensated for their role in administering the Petroleum Products Pricing Act. There are no exclusions, exemptions, or thresholds specified within these regulations; however, their application may be extended or restricted through other subordinate instruments or determinations made under the Remuneration Tribunals Act 1973.
Key Provisions
The Petroleum Products Pricing (Remuneration and Allowances) Regulations 1981 (hereafter "the Regulations") are made under the Petroleum Products Pricing Act 1981 and detail the financial compensation provided to the Commissioner. Section 2 of the Regulations stipulates that the Commissioner is to receive annual remuneration of $49,820, subject to any adjustments by the Remuneration Tribunals Act 1973. Additionally, Section 3 provides for an annual allowance of $2,275, also subject to the same conditions as the remuneration. Section 4 of the Regulations addresses the Commissioner's entitlement to a travelling allowance when necessary absences from their ordinary place of residence are required for official duties. The Commissioner is entitled to a daily allowance of $72 for each night they are absent, again subject to any determinations by the Remuneration Tribunals Act 1973.
The Regulations impose specific financial obligations on the Commissioner, primarily ensuring that they are compensated adequately for their duties. These obligations include the provision of an annual salary and allowance as well as a daily travelling allowance when required to be absent from their ordinary residence for official purposes. These payments are to be made in accordance with the Remuneration Tribunals Act 1973, which can adjust the amounts stipulated in the Regulations.
There are no explicit provisions in the Regulations that outline offences, penalties, or civil/criminal consequences for breach. However, it is implied that any non-compliance with the terms set out in the Remuneration Tribunals Act 1973, which govern the payments, could result in legal ramifications. The actual penalties or consequences for breach would be determined by the relevant legislation and courts.