1347
Statutory Rules
1975 No. 217
REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1975.*
THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1975, hereby makes, subject to the approval of the Governor-General, the following Regulations.
Dated this first day of December, 1975.
A. S. COOLEY
Chairman.
D. LINEHAN
Commissioner.
J. C. TAYLOR
Commissioner.
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby approve the following Regulations.
Dated this eleventh day of December, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. D. ANTHONY
Minister of State for Overseas Trade
and Minister of State for Minerals and Energy for and on behalf of the Prime Minister.
Amendments of the Public Service Regulations†
Allowance payable for use, for official purposes, of private vehicle.
1. Regulation 90 of the Public Service Regulations is amended by omitting the table in sub-regulation (4) and substituting the following table:—
* Notified in the Australian Government Gazette on 23 December 1973.
† Statutory Rule 1933. No. 18, as amended to date. For previous amendments of the Public Service Regulations see footnote † to Statutory Rules 1975, No. 17 and see also Statutory Rules 1975. Nos. 17, 18, 33, 54, 72, 132, 130, 174, 184 and 194.
Column 1 | Column 2 | Column 3 | Column 4 |
Item No. | Type of Vehicle | Rate of payment per kilometre in cents for each kilometre in the first 12,000 kilometres travelled in the prescribed period | Rate of payment per kilometre in cents for each subsequent kilometre travelled in the prescribed period |
1 | Motor truck having a carrying capacity of 1 tonne or over | 17.1 | 12.0 |
2 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has more than 6 cylinders | 16.6 | 11.3 |
3 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 5 or 6 cylinders | 12.9 | 9.1 |
4 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 4 cylinders or less | 11.6 | 8.1 |
5 | Motor cycle, the engine capacity of which is, or s greater than, 250 cubic centimetres | 8.5 | 6.1 |
6 | Any other motor cycle.................. | 4.1 | 3.2 |
Allowance for use of private vehicle on specified journeys.
2. Regulation 90a of the Public Service Regulations is amended by omitting the table in sub-regulation (2) and substituting the following table:—
Column 1 | Column 2 | Columns 3 |
Item No. | Type of Vehicle | Rate of payment per kilometer in cents |
1 | Motor truck having a carrying capacity of 1 tonne or over............ | 12.0 |
2 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has more than 6 cylinders | 11.3 |
3 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 5 or 6 cylinders | 9.1 |
4 | Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 4 cylinders or less | 8.1 |
5 | Motor cycle, the engine capacity of which is, or is greater than, 250 cubic centimetres | 6.1 |
6 | Any other motor cycle................................... | 3.2 |
Overview
The Public Service Regulations 1975, enacted under the authority of the Public Service Act 1922-1975, were introduced by the Public Service Board with the aim of updating and refining the allowances for the use of private vehicles by public servants for official purposes. These regulations were subsequently approved by the Governor-General, reflecting the importance of this legislative instrument. The policy objective is to provide a structured and equitable framework for compensating public servants who utilise their personal vehicles for work-related travel, ensuring both efficiency and fairness in public administration. The regulations specifically address the rates of payment per kilometre for different types of vehicles, taking into account factors such as engine capacity and carrying capacity, thereby aiming to meet the operational needs of the public service while offering a reasonable reimbursement to the employees.
Scope and Application
The Public Service Regulations 1975, made under the Public Service Act 1922-1975, apply to public service employees in Australia, encompassing federal, state, and territory public servants. These regulations cover allowances for the use of private vehicles for official purposes, including the rate of payment per kilometre for different types of vehicles based on their carrying capacity and engine size. The allowances are applicable for the first 12,000 kilometres and any subsequent kilometres travelled within a specified period. The scope of these regulations is nationwide, affecting all jurisdictions within Australia. While the regulations set out specific rates for different types of vehicles, they do not explicitly mention exclusions or exemptions, implying that the allowances apply broadly to all eligible public servants. The regulations are subject to amendment through subordinate instruments, as evidenced by the adjustments to the allowance rates in this particular legislative instrument.
Key Provisions
The key provisions of the legislation, as stated in Regulation 90, involve amendments to the allowance payable for the use of private vehicles for official purposes. Specifically, the regulation updates the rates of payment per kilometre for various types of vehicles, distinguishing between motor trucks and motor cars based on their carrying capacity and engine size, as well as between different engine capacities for motor cycles (subsection 1). Furthermore, Regulation 90a outlines the rates of payment per kilometre for specified journeys, again categorising vehicles by their carrying capacity and engine specifications (subsection 2). These regulations provide a structured framework for determining the reimbursement rates for public servants using their private vehicles for work-related travel.
Under these regulations, public servants and the Public Service Board have specific obligations. Public servants must accurately report the distance travelled for official purposes and the type of vehicle used, ensuring that they fall within the categories specified in the regulations. The Public Service Board, on the other hand, is required to process these claims accurately, applying the correct rates as stipulated in Regulation 90 and Regulation 90a. Additionally, public servants must ensure that their vehicles meet the specified criteria to qualify for the relevant reimbursement rates. Failure to comply with these obligations could result in disputes over the accuracy of claims and potential financial discrepancies.
The legislation does not explicitly outline specific offences or penalties for non-compliance with the regulations. However, any breach of the terms governing the use of private vehicles for official purposes could potentially lead to administrative actions, including audits and investigations into the accuracy of claims. If discrepancies are found, it may result in the recovery of overpayments or financial penalties. Additionally, persistent or deliberate non-compliance could lead to disciplinary actions against public servants, as outlined in other provisions of the Public Service Act 1922-1975. While the regulations themselves do not state maximum penalties, the overarching framework of the Public Service Act and related policies would apply in such cases.