Public Works Committee Regulations 1953 (Amendment)

Legislation au C1960L00067 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1960. No. 67.

 

REGULATIONS UNDER THE PUBLIC WORKS COMMITTEE ACT 1913-1960.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Public Works Committee Act 1913-1960.

Dated this 30th day of August, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

Prime Minister.

 

AMENDMENTS OF THE PUBLIC WORKS COMMITTEE REGULATIONS.

Commencement.

1. Sub-regulation (1.) of regulation 2 of these Regulations shall be deemed to have come into operation on the first day of March, 1959.

Prescribed allowances.

2.—(1.) Regulation 6 of the Public Works Committee Regulations is amended—

(a) by omitting sub-paragraphs (i) and (ii) of paragraph (c) of sub-regulation (1.) and inserting in their stead the following sub-paragraphs:—

“(i) in respect of travel to Canberra from the place where he ordinarily resides or to the place where he ordinarily resides from Canberra (including any necessary residence in Canberra while so travelling for the purpose of performing those duties)—of Four pounds for each day or part of a day; and

“(ii) in respect of any other travel (including any necessary residence while so travelling for the purpose of performing those duties)—of Four pounds four shillings for each day or part of a day.”; and

(b) by omitting from sub-regulation (3.) the words “a travelling allowance at the rate of Twelve shillings and sixpence per day in respect of travel to or from Canberra, or One pound one shilling per day in respect of any other travel, is payable in respect of the journey or portion of the journey, as the case may be, in lieu of the travelling allowance at the

 

* Notified in the Commonwealth Gazette on 30th August, 1960.

† Statutory Rules 1953, No. 90, as amended by Statutory Rules 1957, No. 9; and 1958, No. 15.

1298/60.—PRICE 3D. 10/27.7.1960.


rate specified in paragraph (c) of sub-regulation (1.) of this regulation” and inserting in their stead the words “a travelling allowance of One pound for each day or part of a day in respect of travel to Canberra from the place where he ordinarily resides or to the place where he ordinarily resides from Canberra, or of One pound one shilling for each day or part of a day in respect of any other travel, is payable in respect of the journey or portion of the journey, as the case may be, in lieu of the travelling allowance specified in paragraph (c) of sub-regulation (1.) of this regulation”.

(2.) Regulation 6 of the Public Works Committee Regulations is amended by adding at the end thereof the following sub-regulations:—

“(5.) Travelling allowance is not payable under paragraph (c) of sub-regulation (1.), or under sub-regulation (3.), of this regulation in respect of a day or a part of a day unless the Chairman, Vice-Chairman or member of the Committee, as the case may be, is required to be absent over night from the place where he ordinarily resides.

“(6.) The maximum period for which travelling allowance is payable under sub-paragraph (i) of paragraph (c) of sub-regulation (1.) of this regulation in respect of travel to or from Canberra is a period of two days.

“(7.) The last preceding sub-regulation does not limit the period for which travelling allowance is payable in respect of residence in Canberra.”.

“(8.) Travelling allowance is not payable under paragraph (c) of sub-regulation (1.) of this regulation, or under sub-regulation (3.) of this regulation, in respect of a part of any day on which the Chairman, Vice-Chairman or member of the Committee leaves the place where he normally resides after eight o’clock in the evening of that day, or, having left Canberra, arrives at the place where he ordinarily resides before eight o’clock in the morning of that day.”.

 

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

Overview

Statutory Rules 1960 No. 67, titled "Regulations Under the Public Works Committee Act 1913-1960," was enacted by the Governor-General in the Federal Executive Council on 30 August 1960. This legislative instrument was designed to address and amend the prescribed allowances for travel and residence of the Chairman, Vice-Chairman, and members of the Public Works Committee under the Public Works Committee Regulations. These amendments were made to provide more specific guidelines and limitations on the allowances payable for travel and residence, ensuring they are given only when necessary and within set parameters. The primary objective of these regulations was to regulate and provide clarity regarding the allowances for travel and residence, thereby ensuring that the allowances are provided in an efficient and controlled manner.

Scope and Application

The Regulations under the Public Works Committee Act 1913-1960, which are detailed in Statutory Rules 1960, No. 67, pertain to the amendments of the Public Works Committee Regulations. These regulations primarily govern the allowances for travel for the Chairman, Vice-Chairman, and members of the Public Works Committee, including the circumstances under which such allowances are payable and the rates at which they are calculated. The scope of these regulations applies specifically to the members of the Public Works Committee and their travel-related expenses, particularly in relation to travel to and from Canberra. The regulations also set out specific conditions and limitations on when and for how long these allowances can be claimed, such as restrictions on the duration of travel allowance for journeys to or from Canberra and the prohibition of allowance for parts of days on which travel starts or ends outside specified hours. The geographic reach of these regulations is national, given that they relate to travel involving Canberra, which is the capital city of Australia, and thus impact on the administrative operations of the Commonwealth government. There are no stated exclusions or exemptions in the provided text, and the regulations extend their application through the subordinate instrument, which modifies the existing Public Works Committee Regulations.

Key Provisions

The Statutory Rules of 1960, No. 67, amend the Public Works Committee Regulations under the Public Works Committee Act 1913-1960. Regulation 6 is amended to modify the travelling allowances payable to the Chairman, Vice-Chairman, or members of the Committee. Specifically, sub-paragraph (i) of paragraph (c) of sub-regulation (1) is revised to provide a daily allowance of Four pounds for travel to or from Canberra, and Four pounds four shillings for other travel. Sub-regulation (3) is also amended to specify that a travelling allowance of One pound is payable for travel to or from Canberra, and One pound one shilling for other travel, instead of the previous rates. Additionally, new sub-regulations (5) to (8) are introduced, stipulating conditions under which travelling allowance is not payable. For instance, allowance is not payable if the individual is not required to be absent overnight, or if they leave their ordinary residence after 8 PM or arrive before 8 AM. These regulations impose specific conditions and limitations on the payment of travelling allowances to the Chairman, Vice-Chairman, or members of the Committee. Notably, the allowance is not payable unless the individual is required to be absent overnight from their ordinary residence. Furthermore, allowance is not payable for any part of a day if the individual leaves their ordinary residence after 8 PM or arrives before 8 AM. The maximum period for which travelling allowance is payable for travel to or from Canberra is limited to two days, although this does not affect allowances for residence in Canberra. Non-compliance with the provisions of these regulations may lead to civil or criminal consequences, although specific penalties are not detailed in the document. Generally, under Australian law, breaches of statutory requirements can result in penalties such as fines or imprisonment, depending on the severity and nature of the breach. For instance, failure to adhere to regulations governing allowances could be subject to fines or other administrative penalties, while more serious breaches might result in criminal charges. However, the exact penalties are not outlined in the provided text, and would need to be referred to in the relevant sections of the Public Works Committee Act 1913-1960 or other applicable laws.

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