EXPLANATORY STATEMENT
Public Accounts Committee Act 1951
Public Accounts Committee Regulations (Amendment)
Statutory Rules 1983 No.179
(Issued under the Authority of the Special Minister of State, the Hon. Kim C. Beazley, M.P.)
The Public Accounts Committee Regulations originally provided for fees and travelling expenses for witnesses appearing before the Committee and for allowances payable to Members of the Committee. Allowances for Members of the Committee are now determined by the Remuneration Tribunal.
The proposed amendment repeals regulations that have been overtaken by Remuneration Tribunal determinations and ties witnesses’ fees directly to the amounts specified in the High Court Rules.
Overview
The Public Accounts Committee Act 1951 was enacted to provide for the establishment and functioning of the Public Accounts Committee, a parliamentary committee responsible for overseeing the expenditure of public money by the Commonwealth. The 1951 Act, administered by the Parliament of Australia, aims to ensure transparency and accountability in government financial management. The Public Accounts Committee Regulations (Amendment) Statutory Rules 1983 No. 179, issued under the authority of the Special Minister of State, Hon. Kim C. Beazley, M.P., were introduced to update the existing regulations, particularly in light of changes made by the Remuneration Tribunal in determining allowances for Members of the Committee. This amendment repeals outdated regulations concerning fees and allowances, aligning witness fees with the amounts specified in the High Court Rules to maintain consistency and relevance in the legislative framework.
Scope and Application
The Public Accounts Committee Act 1951 applies to Members of the Public Accounts Committee and witnesses who appear before the committee. The Act establishes the framework for the operations of the Public Accounts Committee, including the provision of fees and allowances. Initially, the Public Accounts Committee Regulations governed the fees and travelling expenses for witnesses and the allowances for committee members. However, the current iteration of the Act now aligns the allowances for committee members with those determined by the Remuneration Tribunal, thereby ensuring that the remuneration of committee members is consistent with other parliamentary roles. The regulations also link the fees for witnesses directly to the amounts specified in the High Court Rules, ensuring a standardised approach to compensation for individuals providing testimony to the committee. These regulations are applicable nationally within the Commonwealth of Australia, extending the scope of the Act to encompass all territories and states under federal jurisdiction. The exclusion of outdated provisions in the regulations reflects the adaptation to changes in remuneration practices, while the amendment ensures that the regulations remain current and relevant in accordance with legislative determinations and judicial standards.
Key Provisions
The Public Accounts Committee Act 1951, as amended by the Public Accounts Committee Regulations (Amendment) Statutory Rules 1983 No. 179, primarily adjusts the allowances and fees for witnesses and Members of the Public Accounts Committee. Under section 1 of the original regulations, there were provisions for fees and travelling expenses for witnesses and allowances for Members of the Committee. However, section 2 of the amendments now specifies that the allowances for Members of the Committee are determined by the Remuneration Tribunal, thereby repealing the previous provisions. Section 3 of the amendment ties witnesses' fees directly to the amounts specified in the High Court Rules, ensuring consistency with judicial remuneration standards.
These changes impose specific obligations on the parties involved. The Public Accounts Committee must now adhere to Remuneration Tribunal determinations when setting allowances for its Members, ensuring compliance with the updated remuneration framework. Witnesses appearing before the Committee must be compensated in accordance with the High Court Rules, which are well-established and regularly updated to reflect appropriate remuneration standards. These obligations ensure that both Members and witnesses receive fair and consistent remuneration for their roles in the Committee's proceedings.
Failure to comply with the provisions of the amended regulations could result in legal consequences. While the regulations themselves do not explicitly outline specific offences or penalties for non-compliance, breaches of the Public Accounts Committee Act 1951 or associated regulations could potentially lead to legal action. Such actions might include seeking injunctions, declarations, or other remedies to enforce compliance. Additionally, if the non-compliance pertains to financial matters, it could attract scrutiny from financial oversight bodies, leading to further investigations or penalties under other relevant legislation. The exact penalties would depend on the nature and severity of the breach, but they could include fines or other sanctions as prescribed by the relevant statutes.