EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 138
PUBLIC SERVICE REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 97(1) of the Public Service Act 1922 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.
The statutory rules repeal regulation 69 of the Public Service Regulations. Regulation 69 provided for payment for excess travelling time, where an officer was required to attend for duty at a place other than his usual station. The regulation had been overtaken by determinations of the Public Service Arbitrator (section 22 of the Public Service Arbitration Act 1920 provides for the making of determinations which are inconsistent with Commonwealth laws).
There is therefore no continuing requirement for regulation 69.