Prices Justification Regulations (Amendment)

Legislation au C1973L00264 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 264

REGULATIONS UNDER THE PRICES JUSTIFICATION ACT 1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Prices Justification Act 1973.

Dated this eleventh day of December, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

E. G. WHITLAM

Prime Minister

 

Amendments of the Prices Justification Regulations

Remuneration of members other than Chairman.

1. (1) This regulation shall be deemed to have come into operation on 1 August 1973.

(2) Regulation 4 of the Prices Justification Regulations is amended—

(a) by adding at the end of paragraph (a) of sub-regulation (1) the word “and”,

(b) by omitting from paragraph (b) of sub-regulation (1) the word “; and”;

(c) by omitting paragraph (c) of sub-regulation (1); and

(d) by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) In respect of any day on or after 1 August 1973 and before 1 January 1974, there is payable to a part-time member remuneration—

(a) in respect of a day on which he performs the duties of his. office for a period, or for periods totalling, not more than three hours—at the rate of Forty dollars per day; and

(b) in respect of a day on which he performs the duties of his office for a period of, or for periods totalling, more than three hours—at the rate of Eighty-five dollars per day.”.

 

* Notified in the Australian Government Gazette on 19 December 1973.

† Statutory Rules 1973, No. 131, as amended by Statutory Rules 1973, No. 225.

2. After regulation 5 of the Prices Justification Regulations the following regulations are inserted:—

Living away from home allowance of full-time member resident in Canberra.

“5a. (1) Where a full-time member ordinarily resides in Canberra, living away from home allowance is payable to him in respect of any period of office on or after 1 August 1973 in accordance with this regulation.

“(2) The amount of living away from home allowance payable under sub-regulation (1) consists of—

(a) an amount calculated at the rate of One hundred and seventy-two dollars fifty cents per month; and

(b) subject to sub-regulations (3) and (4), an additional amount calculated at the rate of Six dollars thirty-three cents per day.

“(3) An additional amount of living away from home allowance is not payable to a full-time member in respect of a Saturday or a Sunday.

“(4) Where—

(a) a full-time member is in receipt of travelling allowance in respect of a day or a part of a day;

(b) a full-time member performs the duties of his office in Canberra on a day and does not, on that day, perform any duties of his office during his ordinary working hours in any other place;

(c) a full-time member is absent from duty for a day or a part of a day on leave of absence granted by the Minister, not being leave of absence so granted on account of illness; or

(d) a full-time member is in Canberra for the whole or a part of a day while absent from duty on account of illness (whether or not the Minister has granted him leave of absence for that day or that part of that day),

an additional amount of living away from home allowance is not payable to the full-time member in respect of that day.

“(5) In this regulation—

(a) a reference to the ordinary working hours of a full-time member in relation to a day shall be read as a reference to the hours that staff employed to assist the Tribunal in Melbourne are ordinarily required to work on that day;

(b) a reference to a full-time member shall be read as a reference to a person holding the office of full-time member on 1 August 1973, and not otherwise; and

(c) a reference to a day shall be read as a reference to a day of the week.

Living away from home allowance of full-time member not resident in Canberra or Melbourne.

“5b. (1) In respect of any period of office on or after 1 August 1973, living away from home allowance is payable to a full-time member who ordinarily resides in a city or town other than Canberra or Melbourne at the rate of Two hundred and sixteen dollars per month.

“(2) Sub-regulation (1) applies to a person who was a full-time member on 1 August 1973, and not otherwise.”.

3. Regulation 6 of the Prices Justification Regulations is repealed and the following regulation substituted:—

Giving of a notice to the Tribunal.

“6. A notice in writing that is required or permitted by or under section 18 of the Act to be given to the Tribunal, shall be given by delivering the notice to a member of the staff assisting the Tribunal in attendance at the office of the Tribunal situated at 4 Treasury Place, East Melbourne, Victoria, or the office of the Tribunal situated at 100 William Street, Sydney, New South Wales, at a time when that office is open for business.”.


Hours of business of Tribunal

4. Regulation 7 of the Prices Justification Regulations is amended by omitting the words “The office of the Tribunal” and substituting the words “Each office of the Tribunal”.

Overview

The Prices Justification Regulations 1973 were made under the Prices Justification Act 1973 by the Governor-General of Australia, acting on the advice of the Executive Council. These regulations were enacted to provide a structured framework for the administration of the Act, which aims to prevent excessive price increases by businesses. The regulations address issues such as the remuneration of members and allowances for full-time members, as well as the procedures for giving notices to the Prices Justification Tribunal. By specifying the rates of remuneration and allowances, the regulations ensure that members of the Tribunal are appropriately compensated for their duties. Additionally, they outline the process for delivering notices to the Tribunal, ensuring that communication is handled efficiently and effectively. These regulations aim to streamline the administration of the Act, ensuring that the Prices Justification Tribunal can operate smoothly and effectively in carrying out its mandate.

Scope and Application

The Prices Justification Regulations 1973, made under the Prices Justification Act 1973, apply to members of the Prices Justification Tribunal, specifically those designated as full-time or part-time members as of 1 August 1973. These regulations govern the remuneration and allowances for such members, including the rates and conditions for remuneration and allowances for full-time members residing in Canberra, those residing in other cities or towns, and part-time members. Additionally, the regulations stipulate the method and location for delivering notices to the Tribunal, specifying the offices in East Melbourne and Sydney where notices must be delivered during business hours. The regulations also address the living away from home allowance for full-time members, outlining the calculation and conditions under which such allowances are payable, including exclusions for certain days and circumstances. The application of these regulations is confined to the Commonwealth of Australia, specifically affecting entities and individuals involved with the Prices Justification Tribunal.

Key Provisions

The primary sections of the Prices Justification Regulations 1973, as amended, establish the remuneration for part-time members of the Prices Justification Tribunal and the living away from home allowance for full-time members. Regulation 1 amends the remuneration of part-time members, specifying rates of $40 per day for up to three hours of duty and $85 per day for more than three hours of duty, effective from 1 August 1973 (Regulation 1(1)). Regulation 5a introduces a living away from home allowance for full-time members who ordinarily reside in Canberra, providing a monthly allowance of $172.50 plus an additional $6.33 per day, excluding Saturdays and Sundays, and days when other allowances are received or the member is on leave or absent due to illness (Regulation 5a(2)-(5)). Regulation 5b sets a flat monthly allowance of $216 for full-time members who reside outside Canberra or Melbourne, effective from 1 August 1973 (Regulation 5b(1)). The Regulations impose specific obligations on members of the Prices Justification Tribunal regarding their remuneration and allowances. Part-time members must adhere to the specified remuneration rates based on the hours of duty performed (Regulation 1). Full-time members must comply with the prescribed living away from home allowances, which vary depending on their place of residence (Regulations 5a and 5b). Additionally, Regulation 6 mandates that any notices required or permitted under section 18 of the Prices Justification Act 1973 must be delivered to specific offices of the Tribunal in East Melbourne or Sydney during business hours (Regulation 6). Regulation 7 outlines the business hours for each office of the Tribunal, although the specific hours are omitted in the provided text. The Regulations do not explicitly state any offences, penalties, or consequences for breaches. However, non-compliance with the specified remuneration rates or allowances could potentially lead to disputes or claims under the Prices Justification Act 1973. It is essential for members and the Tribunal to adhere to the prescribed allowances and notification procedures to avoid any potential legal or administrative issues.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.