EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 295
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 (‘the Act’) provides that the Public Service Board may, with the approval of the Governor-General, make regulations prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Sub-section 33(3) of the Acts Interpretation Act 1901 provides (inter alia) that, where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be construed as including a power to repeal those regulations.
These statutory rules repeal regulations 26, 27 and 28 of the Public Service Regulations.
Regulation 26 provided that the Board be notified of the occupancy by an officer for the purposes of residence of a Commonwealth building, and whether such occupancy involves control by the officer of personnel or property; in the latter case, the rent to be paid and other conditions of the occupancy were to be notified.
Regulation 27 provided that an officer referred to in regulation 26 was prohibited from sub-letting without departmental approval.
Regulation 28 provided that officers be held responsible for the careful use and preservation of Government property in their occupation etc., and set out the procedure to be followed if repairs were required.
A replacement section 89 of the Act came into operation on 31 October 1983. The new section 89 provides that where premises owned or occupied by the Commonwealth are occupied for residential purposes by an officer or employee, the occupation of those premises by the officer or employee shall be subject to such conditions (if any) as are determined, by instrument in writing, by the Minister administering the Department controlling the premises. It will therefore be appropriate for the relevant Minister to determine, to the extent considered necessary, the sorts of conditions that were covered by regulations 26, 27 and 28.