Statutory Rules
1979 No. 262
REGULATION 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 Regulation.
Dated this thirtieth day of November 1979.
R. W. COLE
Chairman
J. C. YOUNG
Commissioner
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 Regulation.
Dated this fifth day of December 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Employment
and Youth Affairs for and on
behalf of the Prime Minister
* Notified in the Commonwealth of Australia Gazette on 12 December 1970.
15476/79 Cat. No. —Recommended retail price 20c 13/28.11.1979
AMENDMENT OF THE PUBLIC SERVICE REGULATIONS*
Allowance payable for use, for official purposes, of private vehicle
Regulation 90 of the Public Service Regulations is amended by omitting the table in sub-regulation (4) and substituting the following table:
Column 1 | Calumn 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 | 15.5 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 | 14.4 cents |
4 | 1,300 cubic centimetres or less | 750 cubic centimetres or less | 13.3 cents |
* Statutory Rules 1935 No. 18 as amended to date. For previous amendments see footnote * on page 2 to Statutory Rules 1979 No. 9 and see also Statutory Rules 1979 Nos. 9, 10, 68, 78, 142, 179, 219, 259 and 261.
Printed by Authority by the Commonwealth Government Printer
Overview
Statutory Rules 1979 No. 262, enacted by the Public Service Board and approved by the Governor-General under the Public Service Act 1922, addresses the need to update allowances for the use of private vehicles for official purposes. This regulation was introduced to ensure that the allowances paid to public servants using their own vehicles for work-related travel remain current and reflective of the changing costs and technologies in the automotive industry. The regulation specifically amends the rates of allowance payable based on the engine capacity of the motor vehicle, distinguishing between conventional and rotary engine vehicles. The policy objective behind these amendments is to maintain equitable compensation for public servants while ensuring that the allowances are aligned with contemporary economic conditions and vehicle specifications.
Scope and Application
The regulation applies to public servants who are entitled to reimbursement for the use of their private vehicles for official purposes. The regulation outlines the rates of allowance per kilometre that can be claimed, depending on the engine capacity of the vehicle. The regulation amends the Public Service Regulations and is made under the authority of the Public Service Act 1922. The regulation applies nationally, as it is a Commonwealth legislation. There are no stated exclusions or exemptions in the regulation. The regulation can be further extended or restricted through subordinate instruments, such as further amendments to the Public Service Regulations.
Key Provisions
The main operative sections of the regulation involve amendments to the Public Service Regulations, specifically concerning the allowance payable for the use of private vehicles for official purposes. Regulation 90 has been amended to provide a new table that adjusts the rate of allowance per kilometre based on the engine capacity of the vehicle, distinguishing between vehicles with conventional engines and those powered by rotary engines. The regulation identifies four categories of engine capacity, each with corresponding rates of allowance (Regulation 90(4)).
These amended regulations impose specific obligations on parties or entities governed by them. For instance, they require the Public Service Board to ensure that the correct rates of allowance are applied based on the engine capacity of the vehicles used for official purposes. Furthermore, public servants who use their private vehicles for official duties must adhere to the specified rates of allowance, ensuring they claim the appropriate amount in accordance with the new table provided in the regulation. This requirement extends to maintaining accurate records of vehicle usage and mileage to substantiate the allowance claims.
The regulation does not explicitly state any offences or penalties for non-compliance. However, it is implied that failure to adhere to the specified rates of allowance could result in improper claims or reimbursements, potentially leading to disciplinary actions under the Public Service Act 1922 or other relevant employment policies. While the regulation itself does not prescribe maximum penalties, breaches of public service regulations can lead to consequences such as financial penalties, corrective actions, or even termination of employment, depending on the severity and frequency of the non-compliance.