EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 110
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 63, 64, 64A, 66, 67, 70 (except sub-regulation (4)) and 99 of the Public Service Regulations.
The regulations dealt with the following matters:
regulation 63 | Calculation of salary for duty on a holiday |
regulation 64 | Performance of duty on a holiday |
regulation 64A | Returns of holiday pay |
regulation 66 | Authority for overtime |
regulation 67 | Recording and payment of overtime |
regulation 70 | Sunday duty |
regulation 99 | Allowance - Sunday or holiday duty |
Pursuant to its powers under section 82D of the Act, the Public Service Board has made Determination No 9 of 1983, which deals with overtime and other penalty rates, and which replaces the regulations here repealed.
Sub-regulation 70(4), which provides that an officer required to perform Sunday duty may apply for permission to furnish a substitute if he has conscientious scruples, is not covered in the provisions of the new determination, and was therefore not omitted.
The repeal of the regulations, and the coming into operation of the determination, occurred on 22 July 1983.