Proceeds of Crime Regulations (Amendment) 1994 No. 238
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 238
Issued by the authority of the Minister for Justice
Proceeds of Crime Act 1987
Proceeds of Crime Regulations (Amendment)
Section 104 of the Proceeds of Crime Act 1987 ('the Act') provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Proceeds of Crime Regulations (Amendment) will increase the levels of remuneration of the Official Trustee for any work done under the Act to bring the levels into line with proposed amendments to the Bankruptcy Rules. The current levels of remuneration under the regulations mirror the Official Receiver's charges and fees under rule 161B of the Bankruptcy Rules. The charges and fees in rule 161B will be increased on 1 July 1994 to reflect movements in the Consumer Price Index. The Proceeds of Crime Regulations (Amendment) will ensure that the hourly rates remain the same under both pieces of legislation.
Clause 1 of the amending regulations provides that the regulations shall commence on 1 July 1994.
Clause 2 of the amending regulations is a procedural clause.
Clause 3.1 amends subparagraph 8(1)(a) of the Proceeds of Crime Regulations ('the regulations') so that the level of remuneration for a Level 1 officer in the Senior Executive Service of the Australian Public Service ('the APS') employed by the Official Trustee, or an officer of higher classification in the APS, is increased from $150 per hour or part of an hour to $200 per hour or part of an hour.
Clause 3.2 amends subparagraph 8(1)(b) of the regulations so that the level of remuneration for a Senior Officer, Grade C in the APS employed by the Official Trustee, or an officer of higher classification in the APS who is not referred to in subparagraph 8(1)(a), is increased from $100 per hour or part of an hour to $135 per hour or part of an hour.
Clause 3.3 amends subparagraph 8(1)(c) of the regulations so that the level of remuneration for an Administrative Service Officer, Class 6 in the APS employed by the Official Trustee, or an officer of lower classification in the APS, is increased from $75 per hour or part of an hour to $100 per hour or part of an hour.
Overview
The Proceeds of Crime Regulations (Amendment) 1994 No. 238 was enacted to amend the remuneration rates for the Official Trustee under the Proceeds of Crime Act 1987. The Act was introduced by the Parliament of Australia to address the need for updated remuneration rates that align with changes in the Bankruptcy Rules. The policy objective of these amendments was to ensure consistency and fairness in the remuneration rates between the two sets of regulations. These amendments were issued by the authority of the Minister for Justice to reflect movements in the Consumer Price Index, ensuring that the hourly rates of remuneration for officers remain competitive and in line with proposed amendments to the Bankruptcy Rules. The regulations came into effect on 1 July 1994, providing a necessary adjustment to the remuneration levels for officers employed by the Official Trustee under the Proceeds of Crime Act.
Scope and Application
The Proceeds of Crime Regulations (Amendment) 1994 No. 238 pertains to the Proceeds of Crime Act 1987, and its amendments are designed to adjust the remuneration levels for the Official Trustee in alignment with the forthcoming changes to the Bankruptcy Rules. The Act applies to the Official Trustee and other specified officers within the Australian Public Service, including those in the Senior Executive Service, Senior Officer, and Administrative Service Officer classifications. This adjustment in remuneration is necessary to ensure consistency and fairness between the two legislative frameworks. The amendments affect the remuneration rates for work done under the Act, specifically raising the hourly rates for these officers to mirror the adjustments being made to the Bankruptcy Rules. These changes are effective from 1 July 1994 and are intended to reflect the changes in the Consumer Price Index.
The scope of this legislation is confined to the Commonwealth of Australia, impacting those employed by the Official Trustee who are involved in proceedings under the Proceeds of Crime Act. The regulations are specifically tailored to align remuneration with the changes in the Bankruptcy Rules, ensuring that the rates remain consistent and appropriate. There are no exclusions or exemptions specified in this amendment, and it applies directly to the officials and officers as outlined in the regulations. The amendment extends the application of the Act by ensuring that the remuneration of officials involved in the administration of the Act is updated in line with broader changes in legislative frameworks.
Key Provisions
The main operative sections of the Proceeds of Crime Regulations (Amendment) 1994 No. 238 (the "Amendment") pertain to the adjustment of remuneration rates for officers employed by the Official Trustee under the Proceeds of Crime Act 1987 (the "Act"). Specifically, Clause 3.1 increases the remuneration for Level 1 officers in the Senior Executive Service of the Australian Public Service (APS) from $150 to $200 per hour or part of an hour. Clause 3.2 raises the remuneration for Senior Officers, Grade C, or any higher classification officer not specified in Clause 3.1, from $100 to $135 per hour or part of an hour. Clause 3.3 adjusts the remuneration for Administrative Service Officers, Class 6, or any lower classification officer, from $75 to $100 per hour or part of an hour.
The Amendment imposes an obligation on the parties involved, particularly the Official Trustee, to adhere to the new remuneration rates as specified in the amended regulations. This ensures consistency in remuneration across the Act and the Bankruptcy Rules, facilitating a seamless integration of these changes and maintaining fairness and equity in compensation for services rendered.
Under the Amendment, there are no specific offences or penalties outlined for breach of the new remuneration rates. However, any failure to comply with the amended regulations could potentially lead to disputes or claims regarding the remuneration due to the officers, which may need to be resolved through the courts. While the Amendment does not explicitly state civil or criminal consequences for non-compliance, the breach of statutory duties or failure to adhere to prescribed rates may result in legal ramifications, including claims for underpayment or other related disputes.
It is essential for the Official Trustee and other relevant parties to ensure adherence to the new remuneration rates to avoid any potential disputes or legal consequences. The Amendment, by aligning the remuneration rates with the changes in the Bankruptcy Rules, aims to provide clarity and consistency in compensation practices within the framework of the Act. The effective date of the Amendment, 1 July 1994, signifies the commencement of these new remuneration rates and the importance of compliance with the updated regulations.