Public Works Committee Regulations 1969

Public Works Committee Regulations 1969

Statutory Rules No. 182, 1969 as amended

made under the

Public Works Committee Act 1969

Compilation start date:   17 December 2013

Includes amendments up to: SLI No. 266, 2013

About this compilation

This compilation

This is a compilation of the Public Works Committee Regulations 1969 as in force on 17 December 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 17 December 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name of regulations

2 Interpretation

2A Specified works (Act s 5)

3 Forms of oath and affirmation

4 Form of summons

5 Form of warrant

6 Witnesses’ fees and expenses

7 Assessors’ fees and expenses

10 Sectional Committees

11 Provisions to prevent double payments

12 Non‑application of Act to certain authorities

Schedule 1—Forms

Form 1 

Form 2 

Form 3 

Form 4 

Schedule 2—Witnesses’ fees and travelling expenses

Schedule 3—Authorities of the Commonwealth to which the Act does not apply

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

1  Name of regulations

  These regulations are the Public Works Committee Regulations 1969.

2  Interpretation

 (1) In these Regulations:

the Act means the Public Works Committee Act 1969.

Sectional Committee means a Sectional Committee referred to in section 10 of the Act.

 (2) In these Regulations, a reference to a form by number is a reference to the form so numbered in the Schedule 1.

2A  Specified works (Act s 5)

  For paragraph (f) of the definition of work in section 5 of the Act, the following are declared:

 (a) a temporary building or structure;

 (b) a demountable building or structure.

3  Forms of oath and affirmation

 (1) An oath under section 20 of the Act may be in accordance with Form 1.

 (2) An affirmation under section 20 of the Act may be in accordance with Form 2.

4  Form of summons

  A summons to a witness under section 21 of the Act may be in accordance with Form 3.

5  Form of warrant

  A warrant for the apprehension of a witness under section 22 of the Act may be in accordance with Form 4.

6  Witnesses’ fees and expenses

 (1) A witness appearing before the Committee shall be paid such fees and travelling expenses as the Chairman allows in accordance with the scale in the Schedule 2.

7  Assessors’ fees and expenses

  An assessor attending a meeting of the Committee in his capacity as an assessor shall be paid such fees and travelling expenses in respect of that attendance as would be payable under regulation 6 if that attendance were an appearance before the Committee by a witness to give evidence because of his professional, scientific or other special skill or knowledge.

10  Sectional Committees

  These Regulations, other than the next succeeding regulation, apply in relation to a Sectional Committee in like manner as they apply in relation to the Committee and, for the purpose of these Regulations as so applying:

 (a) a reference to the Committee shall be read as a reference to a Sectional Committee; and

 (b) a reference to the Chairman shall be read as a reference to the Chairman of a Sectional Committee.

11  Provisions to prevent double payments

 (1) Where a witness or an assessor would, but for this subregulation, be entitled to be paid under these Regulations:

 (a) fees and expenses in respect of his appearance before, or his attendance at, a meeting of the Committee on a particular day; and

 (b) fees and expenses in respect of his appearance before, or his attendance at, a meeting of a Sectional Committee on that day;

he shall be paid the fees and expenses referred to in paragraph (a) or (b) of this subregulation, whichever are the greater, but he shall not be paid the fees and expenses referred to in paragraph (a), and the fees and expenses referred to in paragraph (b), of this subregulation.

 (4) Where, in respect of travel on a particular journey, a person would, but for this subregulation, be entitled, under these Regulations to be paid expenses in respect of his conveyance in respect of attendance at a meeting of the Committee and in respect of attendance at a meeting of a Sectional Committee, he shall be paid the expenses in respect of his conveyance to attend the meeting of the Committee, or the expenses in respect of his conveyance to attend the meeting of the Sectional Committee whichever are the greater, but he shall not be paid any other expenses in respect of conveyance in connexion with travel on that journey.

12  Non‑application of Act to certain authorities

  It is hereby declared that the Act does not apply to an authority of the Commonwealth that is specified in Schedule 3.

The Schedules

Schedule 1—Forms

Form 1

(regulation 3 (1))

OATH OF WITNESS

The evidence I shall give on this examination shall be the truth, the whole truth and nothing but the truth.

SO HELP ME GOD!

Form 2

(regulation 3 (2))

AFFIRMATION OF WITNESS

I do solemnly and sincerely affirm and declare that the evidence I shall give on this examination shall be the truth, the whole truth and nothing but the truth.

Form 3

(regulation 4)

COMMONWEALTH OF AUSTRALIA

Public Works Committee Act 1969

SUMMONS TO A WITNESS

To (here insert name, address and occupation of witness).

You are hereby summoned to appear before the Parliamentary Standing Committee on Public Works (or a Sectional Committee of the Parliamentary Standing Committee on Public Works) on                     the                            day of                           , 19      , at                         o’clock in the                    noon,
at                                                   , then and there to give evidence and to produce (here specify the documents required to be produced); and you are required, unless excused or released by a member of the Committee (or Sectional Committee) from continuing in attendance, to continue in attendance as directed by the Committee (or Sectional Committee) or the Chairman of the Committee (or Sectional Committee).

Dated this  day of  , 19  .

(Chairman)

Form 4

(regulation 5)

COMMONWEALTH OF AUSTRALIA

Public Works Committee Act 1969

WARRANT FOR THE APPREHENSION OF A WITNESS

WHEREAS (here insert name, address and occupation of witness) has been summoned to appear before the Parliamentary Standing Committee on Public Works (or a Sectional Committee of the Parliamentary Standing Committee on Public Works) but has failed to appear (or to continue in attendance) as required by the summons:

These are therefore to command and authorize you forthwith to apprehend the said (here insert name of witness) and to bring him before the Committee (or the Sectional Committee) to give evidence and to detain him in custody for that purpose until he is released by order of the Chairman, or a member, of the Committee (or Sectional Committee).

Given at  this  day of  , 19  .

(Chairman)

To (here insert description of persons to whom the warrant is addressed).

Schedule 2—Witnesses’ fees and travelling expenses

(regulation 6)

1.  A witness appearing before the Committee to give evidence because of his professional, scientific or other special skill or knowledge shall be paid a fee of an amount not less than the lower amount specified in the High Court Rules in relation to expenses of witnesses possessing such skill or knowledge and not more than the higher amount so specified.

2.  A witness, other than a witness referred to in Item 1 of this Schedule, appearing before the Committee to give evidence shall be paid:

 (a) in the case of a witness remunerated by wages, salary or fees—a fee of the amount specified, and as delimited, in the High Court Rules in relation to expenses of witnesses so remunerated; or

 (b) in any other case—a fee of the amount specified in the High Court Rules in relation to expenses of witnesses generally.

3.  A witness appearing before the Committee to give expert evidence shall be paid, in addition to any other fee payable to him under Item 1 or 2 of this Schedule, a reasonable amount for qualifying to give that evidence.

4.  A witness appearing before the Committee to give evidence shall be paid a reasonable amount:

 (a) in respect of his conveyance to and from the place at which he so attends; and

 (b) if he is required to be absent overnight from his usual place of residence for meals and accommodation.

Schedule 3—Authorities of the Commonwealth to which the Act does not apply

(regulation 12)

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]