Public Service Regulations (Amendment)

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STATUTORY RULES

1968 No. 55

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922-1967.*

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922-1967, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated this twenty-fifth day of March, 1968.

F. H. WHEELER

Chairman.

J. E. COLLINGS

Commissioner.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated this eighteenth day of April, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

B. M. SNEDDEN

Minister of State for Immigration for and

on behalf of the Prime Minister.

Amendments of the Public Service Regulations

1. Regulations 90 and 90a of the Public Service Regulations are repealed and the following Regulations inserted in their stead:—

Allowance payable for use, or official purposes, of private vehicle.

“ 90.—(1.) Each period of twelve months ending on the thirtieth day of June in a year is a prescribed period for the purposes of this regulation.

“ (2.) The Chief Officer may authorize an officer to use for official purposes, during the period specified in the authority, his motor vehicle if the Chief Officer is satisfied that the use by the officer of the motor vehicle would result in greater efficiency or involve the Commonwealth in less expense than would be the case if public transport or a vehicle owned by the Commonwealth were used.

“ (3.) An authority given under sub-regulation (1.) of regulation 90 of these Regulations as in force immediately before the commencement of these Regulations authorizing the use for official purposes of an officer’s motor vehicle in a period that has not expired before that commencement shall be deemed to be an authority given under the last preceding sub-regulation.

*Notified in the Commonwealth Gazette on 24 April 1968.

Service Regulations, see footnote to Statutory Rules 1968, No. 11, and see also Statutory Rules 1968, Nos. 11, 12, 22 and 47.

16077/67—Price 8c


“ (4.) An officer who uses his motor vehicle in pursuance of an authority given under sub-regulation (2.) of this regulation or of an authority referred to in the last preceding sub-regulation shall be paid an allowance for each mile that the vehicle travels after the commencement of this regulation in a prescribed period at whichever of the rates specified in the table in this sub-regulation is applicable:—

Type of vehicle

Rate of payment per mile for each mile in the first 6,000 miles travelled in the prescribed period

Rate of payment for every other mile travelled in the prescribed period

Motor truck having a carrying capacity of 1 ton or over.........

15.8 cents

11.8 cents

Motor car or motor truck having a carrying capacity of less than 1 ton, the engine of which has 8 cylinders             

17.5 cents

12.1 cents

Motor car or motor truck having a carrying capacity or less than 1 ton, the engine of which has 6 cylinders             

11.4 cents

8.2 cents

Motor car or motor truck having a carrying capacity of less than 1 ton, the engine of which has 4 cylinders or less             

9.5 cents

7.0 cents

Motor cycle the engine capacity of which is, or is greater than, 250 cubic centimetres 

6.1 cents

4.8 cents

Any other motor cycle...............................

4.0 cents

3.3 cents

“ (5.) Where an officer satisfies the Board that the amount of the allowance payable under the last preceding sub-regulation and, where applicable, the amount of any additional allowance payable under regulation 90b of these Regulations, 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 paid by the officer by reason of the use of the motor vehicle for official purposes, the Board may grant to the officer an additional allowance equal to the amount by which the amount of those expenses exceeds the amount of the allowance.

“ (6.) Where an officer to whom an authority under this regulation has been granted uses his car for official purposes and by reason of that use the officer is required, under the law in force in the State or Territory in which the motor vehicle is registered, to pay a fee for the registration of the motor vehicle that exceeds the fee that he would otherwise have been required to pay under that law for the registration of the motor vehicle if the motor vehicle was not used or not to be used for official purposes, the officer shall be paid by way of re-imbursement an amount equal to the amount of the excess.

“ (7.) A reference in the last preceding sub-regulation to a fee for the registration of a motor vehicle shall not be read as including an amount payable as an insurance premium in respect of the motor vehicle.”.

Allowance for use of private vehicles on specified journeys.

“ 90a.—(1.) Where—

(a) an officer is entitled under regulation 119 of these Regulations to the actual cost of conveyance of himself or of himself and his family from one place to another;

(b) an officer who is not authorized under the last preceding regulation to use his motor vehicle for official purposes is required to travel for official purposes;


(c) an officer who has been temporarily transferred from one place to another returns to the place in which he is permanently stationed for the purpose of taking recreation leave; or

(d) an officer is permanently stationed in a prescribed isolated district as defined in regulation 49a of these Regulations and is entitled, under regulation 98 of these Regulations, to payment of an amount in respect of the cost of conveyance incurred by him in respect of a journey,

the Chief Officer may grant to the officer permission to use a motor vehicle owned or hired by the officer for travelling in whichever of the circumstances specified in this regulation is applicable to the officer if the Chief Officer is satisfied that the use by the officer of the motor vehicle will not result in the officer taking more time on the journey than he would otherwise take if permission under this sub-regulation were not granted or that the result of granting the permission would not otherwise be contrary to the interests of the Commonwealth.

“(2.) Subject to regulation 90c of these Regulations, an officer who uses a motor vehicle owned or hired by him in pursuance of a permission granted under the last preceding sub-regulation shall be paid an allowance for each mile that the vehicle travels in the circumstances in respect of which and at whichever of the rates specified in the table in this sub-regulation is applicable:—

Type of vehicle

Rate of payment per mile

Motor truck of 1 ton capacity or over.....................................

11.8 cents

Motor car or motor truck of less than 1 ton capacity the engine of which has 8 cylinders...

12.1 cents

Motor car or motor truck of less than 1 ton capacity the engine of which has 6 cylinders...

8.2 cents

Motor car or motor truck of less than 1 ton capacity the engine of which has 4 cylinders or less

7.0 cents

Motor cycle the engine capacity of which is, or is greater than, 250 cubic centimetres.....

4.8 cents

Any other motor cycle..............................................

3.3 cents

Eligibility for registration.

2. Regulation 125 of the Public Service Regulations is amended by omitting the proviso.

Transitional provisions.

3.—(1.) For the purposes of the application of regulation 90 of the Public Service Regulations as amended by these Regulations to and in relation to the payment of an allowance under that regulation in relation to the use, in pursuance of an authority referred to in sub-regulation (3.) of that regulation, of an officer’s motor vehicle in the period commencing on the date of commencement of these Regulations and ending on the thirtieth day of June, 1968—

(a) if the anniversary of the date on which the officer first commenced to use his motor vehicle in pursuance of the authority occurs after the commencement of these Regulations and before the thirtieth day of June, 1968, the period of twelve months that ends on the day before that anniversary occurs shall be deemed to be a prescribed period for the purposes of regulation 90 of those Regulations as so amended and the period that commences on that anniversary and ends on the thirtieth day of June, 1968, shall be deemed to be a another prescribed period for the purposes of that regulation; and


(b) if that anniversary occurs on the date of commencement of this regulation, the period that commences on that commencement and ends on the thirtieth day of June, 1968, shall be deemed to be a prescribed period for the purposes of that regulation.

(2.) Where the rate of allowance specified in sub-regulation (2.) of regulation 90 of the Public Service Regulations as in force immediately before the commencement of this regulation as the rate payable in respect of the use of a motor vehicle for each mile in the first 5,000 miles in a period of twelve months was a rate higher than the rate that is specified in sub-regulation (4.) of regulation 90 of the Public Service Regulations as amended by these Regulations as the rate payable in respect of the use of that motor vehicle for each mile in the first 6,000 miles travelled in a prescribed period, then notwithstanding anything contained in sub-regulation (4.) of regulation 90 of the Public Service Regulations as amended by these Regulations, the rate payable in respect of the use of that motor vehicle for each mile travelled after the commencement of this regulation in the first 5,000 miles travelled in the first prescribed period that ends after that commencement applicable in relation to the use of that motor vehicle is the rate specified in sub-regulation (2.) of regulation 90 of the Public Service Regulations as in force before the commencement of these Regulations and the rate of allowance payable in respect of the use of that motor vehicle in respect of each other mile travelled after the commencement of this regulation in that prescribed period is the rate specified in the third column of the table in sub-regulation (4.) of regulation 90 of the Public Service Regulations as amended by this regulation.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Public Service Regulations, 1968, were enacted under the authority of the Public Service Act 1922-1967. This legislative instrument, approved by the Governor-General and the Federal Executive Council, aims to address administrative gaps and update regulations concerning the use of private vehicles by officers for official purposes. The regulations provide a framework for the authorisation of private vehicle use, set forth criteria for determining efficiency and cost-effectiveness, and establish rates of allowance for mileage and additional expenses incurred. This update was necessary to streamline public service operations and ensure fair compensation for officers utilising their vehicles for official duties. The Public Service Board, acting on behalf of the Commonwealth, crafted these regulations to better align with contemporary needs while maintaining the integrity and efficiency of public service administration.

Scope and Application

The Statutory Rules 1968 No. 55, made under the Public Service Act 1922-1967, pertains to the allowances and permissions for the use of private vehicles for official purposes by officers within the Commonwealth public service. The regulations apply to officers who are authorised to use their private vehicles for official purposes, either under existing regulations or those amended by these rules, provided it results in greater efficiency or reduced expense for the Commonwealth. The allowance for mileage is determined by the type of vehicle and the number of cylinders in the engine, with specific rates set out in the regulations. Officers who incur additional expenses due to the use of their vehicle for official purposes may be eligible for an additional allowance. The regulations also address reimbursement for any excess registration fees resulting from the official use of the vehicle. The Chief Officer can grant permission for officers to use their private vehicles for specified journeys, such as relocations or travel to isolated districts, with the allowance for mileage varying based on the type of vehicle used. These regulations have a national reach within Australia, applying to officers employed under the Commonwealth public service. The provisions extend to officers who use their private vehicles for official purposes, with the allowance rates and reimbursement conditions outlined in the regulations. The regulations do not specify any exclusions or exemptions, and the application is governed by the conditions and rates specified within the statutory rules. Subordinate instruments may further refine or extend the application of these regulations, though the provided document focuses on the primary allowances and permissions established under the Public Service Act 1922-1967.

Key Provisions

The main operative sections of the Regulations under the Public Service Act 1922-1967 primarily concern the allowance payable for the use of private vehicles for official purposes. Regulation 90 establishes the criteria for when a Chief Officer may authorise an officer to use their private motor vehicle for official purposes and outlines the payment rates for such use, depending on the type of vehicle and its engine capacity (90(2), (4)). Regulation 90a permits officers to use their own or hired vehicles for specified journeys and provides the corresponding payment rates for mileage (90a(1), (2)). Transitional provisions ensure a smooth application of these regulations, particularly concerning payment rates and prescribed periods (3). The Act imposes obligations on both the Chief Officer and the officers. The Chief Officer must ensure that the use of private vehicles for official purposes results in greater efficiency or reduced expense to the Commonwealth (90(2)). Officers must use their vehicles only as authorised, keep accurate records of mileage and expenses, and submit these records to the Board for any additional allowances or reimbursements (90(5), (6)). The Board, in turn, has the responsibility to review and approve any additional allowances or reimbursements based on the officers' submitted records (90(5)). Breach of the obligations or misuse of the allowances can lead to civil or criminal consequences. While the specific offences and penalties are not detailed in the text, the general principle is that any misuse of public service allowances or unauthorised use of private vehicles for official purposes could result in disciplinary action or legal proceedings under the relevant Acts and regulations. The maximum penalties would depend on the nature and severity of the breach, potentially including fines or other civil penalties, as well as criminal charges in cases of significant fraud or misuse.

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