EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 395
PUBLIC SERVICE (SALARIES) REGULATIONS (AMENDMENT)
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 to be prescribed for giving effect to the Act.
Sub-section 30(2) provides that officers of the Second, Third and Fourth Divisions shall be paid salaries at such rates or in accordance with such scales of rates as are prescribed.
Section 18 of the Act specifies that the Board shall furnish reports or recommendations on all matters required to be dealt with by the Governor-General under the Act.
The Acting Minister for Industry and Commerce on 12 September 1982 announced a major restructuring of the Bureau of Customs and its renaming as the Australian Customs Service. In particular he referred to the proposed formation of a single Customs Officer career stream.
The proposed regulations prescribe rates of pay for the new designation of Customs Officer. Rates are also prescribed for various related training positions. In separate papers submitted to the Executive Council it is recommended that a number of Customs Officer and related training positions be created.
Details of the proposed regulations are set out below:
Regulation 1 includes Customs Officers and related training designations in the list of Third Division offices specified in regulation 8 of the Public Service (Salaries) Regulations to enable payment of the prescribed salary rates to be paid to officers who may occupy Customs Officer and related training positions that may be created in the Third Division.
Regulation 2 amends Part 1 of Schedule 3 to the existing regulation 10 by inserting various Customs Officer and related training designations into the Schedule and prescribes rates of pay for Fourth Division Customs Officers.
Regulation 3 amends Part II of Schedule 3 to the existing regulation 10 by providing junior rates of pay for Assistant Customs Officers less than 21 years of age.
Overview
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1982 No. 395 was enacted to address the need for updated salary rates for new and restructured roles within the Australian Public Service, particularly for the renaming and restructuring of the Bureau of Customs into the Australian Customs Service. This restructuring included the establishment of a single Customs Officer career stream. The policy objective behind these regulations was to ensure that officers in these new positions, as well as those in related training roles, received appropriate remuneration according to the new classifications. The regulations were made under the authority of Sub-section 97(1) of the Public Service Act 1922, which allows the Public Service Board to prescribe necessary regulations with the approval of the Governor-General. These regulations were aimed at aligning the salary structures with the new roles and responsibilities within the service.
Scope and Application
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1982 No 395 pertains to officers within the Second, Third, and Fourth Divisions of the public service in Australia. Specifically, these regulations focus on the remuneration of newly designated Customs Officers and related training positions within these divisions, following the restructuring and renaming of the Bureau of Customs to the Australian Customs Service. The application of these regulations is confined to the Third Division for the payment of prescribed salary rates for Customs Officers and related training positions, as well as the Fourth Division for junior rates of pay for Assistant Customs Officers under 21 years of age. The regulations are made under the authority granted by the Public Service Act 1922 and require the approval of the Governor-General. The amendment ensures that the new roles are compensated appropriately and that the remuneration aligns with the new career structure within the Australian Customs Service.
Key Provisions
The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1982 No 395 (the "Regulations") modify the Public Service (Salaries) Regulations to accommodate the restructuring and renaming of the Bureau of Customs to the Australian Customs Service. Regulation 1 (section 1) includes Customs Officers and related training designations in the list of Third Division offices specified in regulation 8 of the existing Public Service (Salaries) Regulations. This inclusion enables the payment of prescribed salary rates to officers who may occupy Customs Officer and related training positions that may be created within the Third Division. Regulation 2 (section 2) amends Part 1 of Schedule 3 to the existing regulation 10 by inserting various Customs Officer and related training designations into the Schedule. It prescribes rates of pay for Fourth Division Customs Officers. Regulation 3 (section 3) amends Part II of Schedule 3 to the existing regulation 10 by providing junior rates of pay for Assistant Customs Officers who are less than 21 years of age.
The Regulations impose obligations on the Public Service Board to ensure that the prescribed rates of pay are adhered to for the newly designated Customs Officer and related training positions. The Board must also ensure that any new positions created are compensated at the appropriate rates outlined in the Regulations. The Board must report or make recommendations on these matters to the Governor-General as required under section 18 of the Public Service Act 1922.
Failure to comply with the provisions of the Regulations may result in officers not being paid the correct salary rates, which could lead to disputes or claims for underpayment. While the Regulations themselves do not explicitly outline specific penalties for breaches, non-compliance with salary provisions under the Public Service Act 1922 could potentially lead to disciplinary actions or legal proceedings. It is important for the Public Service Board to ensure strict adherence to the prescribed rates to avoid any such issues.