898
Statutory Rules
1978 No. 286
REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922*
THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922, hereby makes, subject to the approval of the Governor-General, the following Regulations.
Dated this twentieth day of December 1978.
J. C. TAYLOR
Acting Chairman
R. J. YOUNG
Commissioner
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.
Dated this twenty-second day of December 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
R. ELLICOTT
Minister of State for Home Affairs and Minister of State for the Capital Territory for and on behalf of the Prime Minister
* Notified in the Commonwealth of Australia Gazette on 29 December 1978.
AMENDMENTS OF THE PUBLIC SERVICE REGULATIONS*
Allowances payable for use, for official purposes, of private vehicles
1. Regulation 90 of the Public Service Regulations is amended—
(a) by omitting sub-regulation (1);
(b) by omitting sub-regulation (4) and substituting the following sub-regulation;
“ (4) Where an officer uses his motor vehicle in pursuance of an authority given under sub-regulation (2), he shall be paid an allowance for each kilometre that the motor vehicle travelled at whichever of the rates specified in the table in this sub-regulation is applicable:
Column 1 | Column 2 | Column 3 | Column 4 |
Item | Engine capacity of motor vehicle not being a motor vehicle powered by a rotary engine | Engine capacity of motor vehicle powered by a rotary engine | Rate of allowance per kilometre |
1 | More than 4,000 cubic centimetres | More than 2,000 cubic centimetres | 18.1 cents |
2 | More than 2,000 cubic centimetres but not more than 4,000 cubic centimetres | More than 1,000 cubic centimetres but not more than 2,000 cubic centimetres | 14.2 cents |
3 | More than 1,500 cubic centimetres but not more than 2,000 cubic centimetres | More than 750 cubic centimetres but not more than 1,000 cubic centimetres | 12.8 cents |
4 | 1,500 cubic centimetres or less | 750 cubic centimetres or less | 11.3 cents |
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(c) by omitting from sub-regulation (5) “, in a prescribed period or, if the Board approves, in any other lesser period, is insufficient to meet the amount of the expenses reasonably incurred in that period ” and substituting “ is insufficient to meet the amount of the expenses reasonably incurred ”.
Allowance for use of private vehicles on specified journeys
2. Regulation 90a of the Public Service Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:
“ (2) Subject to regulation 90c, an officer who uses a motor vehicle in pursuance of permission granted under sub-regulation (1) shall be paid an allowance for each kilometre that the motor vehicle travelled at whichever of the rates specified in the table in sub-regulation 90 (4) is applicable.”.
* Statutory Rules 1933 No. 18 as amended to date. For previous amendments see footnote * on the second page of Statutory Rules 1978 No. 7 and see also Statutory Ruka 1978 Nos. 7, 8, 9, 33, 84, 109, 154 and 205.
Rotary engines
3. Regulation 90aa of the Public Service Regulations is amended—
(a) by omitting from sub-regulation (1) “ In this regulation ” and substituting “ For the purposes of regulations 90 and 90a ”;
(b) by inserting in paragraph (a) of sub-regulation (1) “ in sub-regulation 90 (4) ” after “ reference ” (first occurring); and
(c) by omitting sub-regulation (3).
Overview
Statutory Rules 1978 No. 286, Regulations under the Public Service Act 1922, were enacted to address issues related to allowances for the use of private vehicles for official purposes within the Australian Public Service. These regulations were made by the Public Service Board and subsequently approved by the Governor-General, following the advice of the Federal Executive Council. The policy objective of these regulations is to provide a clear and structured framework for the reimbursement of public servants who use their own vehicles for official duties, ensuring fairness and consistency in the application of these allowances. The amendments specifically target the rates and conditions for such allowances, aiming to provide a more detailed and transparent method for calculating the reimbursement based on the engine capacity of the vehicle.
Scope and Application
The Regulations under the Public Service Act 1922 apply to officers within the Commonwealth public service who use their private motor vehicles for official purposes. These regulations outline the allowances paid to officers based on the engine capacity of their vehicles, distinguishing between vehicles powered by conventional and rotary engines. The rates are specified in a table within the regulations, providing a tiered allowance per kilometre travelled. Additionally, the regulations detail allowances for specified journeys, ensuring that officers are compensated for each kilometre travelled at the appropriate rate. The allowances are determined based on the vehicle's engine capacity, with different rates for vehicles of varying sizes. The regulations have a national jurisdictional reach, applying across the Commonwealth of Australia. There are no stated exclusions or exemptions within these particular regulations; however, they may be subject to broader exclusions or exemptions as outlined in the overarching Public Service Act 1922. The application and interpretation of these regulations may be further extended or restricted through subordinate instruments issued under the authority of the Public Service Act 1922.
Key Provisions
The Regulations under the Public Service Act 1922 primarily focus on amending the allowances for officers using their private vehicles for official purposes. Under Regulation 90, officers are to be compensated for each kilometre their motor vehicle travels for official purposes. The compensation rate varies based on the engine capacity of the vehicle, with four different rates specified in a table. The rates are set at 18.1 cents, 14.2 cents, 12.8 cents, and 11.3 cents per kilometre, depending on whether the engine capacity is above 4,000 cubic centimetres, between 2,000 and 4,000 cubic centimetres, between 1,500 and 2,000 cubic centimetres, or 1,500 cubic centimetres or less respectively.
Regulation 90a further details that officers who use a motor vehicle under permission for specified journeys will also receive an allowance at the same rates as outlined in Regulation 90(4). This ensures consistency in the compensation structure for officers using their vehicles for official duties. Regulation 90aa clarifies that the definition of 'rotary engine' for the purposes of Regulations 90 and 90a pertains to the reference in Regulation 90(4).
The obligations imposed by these Regulations on officers using their vehicles for official purposes include maintaining accurate records of the kilometres travelled for such duties. The officers must ensure that the rates of allowance are correctly applied based on their vehicle's engine capacity. Additionally, the Regulations require that any claim for the allowance must be substantiated by evidence of the expenses reasonably incurred.
The Regulations do not explicitly state any specific offences, penalties, or consequences for non-compliance. However, failure to adhere to the stipulated rates or improper claims could potentially result in disputes or investigations by the Public Service Board. While the document does not outline specific penalties, it implies that any misuse of the allowance system could lead to corrective actions, including the withholding of allowances or further scrutiny of expenses claimed by the officers.