Statutory Rules
1977 No. 49
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 twenty-fifth day of March, 1977.
D. LINEHAN
Acting Chairman.
J. C. TAYLOR
Commissioner.
R. J. YOUNG
Deputy of a 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 thirty-first day of March, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
A. A. STREET
Minister of State for Employment and Industrial Relations for and on behalf of the Prime Minister.
Amendment of the Public Service (Salaries) Regulations†
Allowances payable to certain officers and employees of Third Division.
Regulation 9 of the Public Service (Salaries) Regulations is amended—
(a) by omitting from sub-regulation (2) the words “ Where an officer ” and substituting the words “ Subject to sub-regulation (2a), where an officer ”; and
(b) by inserting after sub-regulation (2) the following sub-regulation:—
“ (2a) A reference in sub-regulation (2) to an officer or employee shall be read as a reference to an officer or employee who—
(a) on 18 November 1976 was an officer or employee to whom sub-regulation (2) as in force on that day applied; and
(b) has continued to be, and is, an officer or employee.”.
* Notified in the Australian Government Gazette on 27 April 1977.
† Statutory Rules 1975, No. 26 as amended by Statutory Rules 1975, Nos. 53, 71, 87, 117, 151, 193 and 204; 1976, Nos. 43, 94, 142, 165, 166, 181, 249 and 301; and 1977, Nos. 35 and 48.
Overview
Statutory Rules 1977 No. 49, enacted under the Public Service Act 1922, was introduced by the Public Service Board to amend the Public Service (Salaries) Regulations. This legislative instrument, approved by the Governor-General, aims to modify the allowances payable to certain officers and employees of the Third Division. The regulation specifically amends Regulation 9 by introducing a new sub-regulation (2a), which specifies that the reference to an officer or employee applies to those who were officers or employees as of 18 November 1976 and have continued in that capacity. The regulation was designed to ensure clarity and continuity in the application of allowances to eligible officers and employees within the public service framework.
Scope and Application
The Statutory Rules 1977 No. 49, made under the Public Service Act 1922, primarily amend the Public Service (Salaries) Regulations. This regulation is concerned with allowances payable to certain officers and employees of the Third Division of the public service. The regulation applies to officers and employees who were covered by the sub-regulation (2) as in force on 18 November 1976 and who have continued to be such officers or employees. This legislative instrument is a Commonwealth regulation, meaning it applies across the nation and affects the public service sector within the federal jurisdiction. The amendments to the Public Service (Salaries) Regulations ensure that the specified officers and employees maintain their eligibility for certain allowances, subject to the conditions set out in the new sub-regulation (2a). The regulation does not explicitly state any exclusions or exemptions but focuses on clarifying the eligibility criteria for the allowances in question. The regulation does not extend its application through subordinate instruments but serves to refine the existing framework for allowances within the specified public service division.
Key Provisions
The key operative sections of these regulations, which amend the Public Service (Salaries) Regulations, focus on the allowances payable to certain officers and employees of the Third Division (Regulation 9). These amendments were made to ensure that the eligibility criteria for receiving allowances are clear and consistent. Specifically, sub-regulation (2) has been modified by inserting a new sub-regulation (2a) which specifies that the reference to an officer or employee should be read in a way that includes only those who were already officers or employees on 18 November 1976 and have continued to hold such positions since then.
The regulations impose certain obligations and requirements on the officers and employees of the Third Division. Most notably, they clarify the criteria for eligibility to receive allowances. To qualify for the allowances, an individual must have been an officer or employee on 18 November 1976 and must continue to hold the same position. This amendment ensures that the allowances are only granted to those who have maintained their positions without interruption, thereby maintaining the integrity and purpose of the allowance system.
Failure to comply with these regulations, or misinterpreting the criteria for eligibility, could lead to serious consequences. While the specific offences and penalties are not detailed in the regulations themselves, breaches of public service regulations generally can result in disciplinary action, which may include fines or other penalties as determined by the Public Service Board or relevant authorities. It is crucial for officers and employees to adhere to these requirements to avoid any potential repercussions.