Quarantine Regulations 1915 (Amendment) (Provisional)

Overview

The Provisional Regulation under the Quarantine Act 1908-1912, enacted in 1915, was introduced to swiftly address an urgent need to amend the existing Quarantine Regulations 1915. This legislative instrument was certified by Sir Arthur Stanley, the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General, in accordance with the provisions of the Constitution and with the advice of the Federal Executive Council. The regulation was issued due to the pressing requirement to adjust the rates charged for the services of officers when work is permitted outside regular working hours or on Sundays and holidays, aligning these charges with those prescribed by the Public Service Regulations. The urgency and the need for immediate implementation underscore the importance of the amendment in maintaining effective quarantine procedures during the period.

Scope and Application

This provisional regulation amends the Quarantine Regulations 1915 under the authority of the Quarantine Act 1908-1912, applying specifically to the officers involved in quarantine services in the Commonwealth of Australia. The amendment pertains to the rates charged for the services of these officers when work is performed before or after regular working hours, or on any Sunday or holiday, stipulating that the prescribed rates are those outlined in the Public Service Regulations. This legislation impacts the remuneration of public servants working within the quarantine sector, ensuring their compensation aligns with broader public service standards. The regulation extends across the Commonwealth, enforcing consistent application of the amended rates nationwide, and is intended to come into immediate effect due to the urgency of the matter.

Key Provisions

The main operative section of this Provisional Regulation under the Quarantine Act 1908-1912 concerns the amendment of the Quarantine Regulations 1915 (Statutory Rules No. 88, of 1915). Specifically, Regulation 70(3) is amended to change the rates charged for the services of officers when work is permitted before or after working hours, or on any Sunday or holiday. The new rates are to be those prescribed by the Public Service Regulations (section 70(3)). This means that officers will now be compensated according to the rates specified in the Public Service Regulations for any work done outside of regular working hours or on public holidays. The amendment imposes obligations on the relevant authorities to ensure that the officers are compensated appropriately for any additional work performed outside of their usual hours or on holidays. It also requires that these compensation rates adhere strictly to those set out in the Public Service Regulations. The regulation aims to provide a clear and consistent framework for the payment of officers who undertake work beyond their normal duties, ensuring that they are fairly compensated for their efforts. The Provisional Regulation does not explicitly state any offences, penalties, or consequences for non-compliance. However, any failure to adhere to the compensation rates as prescribed by the Public Service Regulations could potentially lead to disputes or legal challenges regarding the remuneration of officers. It is likely that any such disputes would be resolved within the existing legislative and administrative frameworks, which might involve review by relevant authorities or even court proceedings if necessary. In summary, this Provisional Regulation amends the Quarantine Regulations 1915 to align the compensation rates for officers with those set out in the Public Service Regulations for work performed outside regular hours or on holidays. It places the responsibility on relevant authorities to ensure compliance with these compensation rates, although specific penalties for non-compliance are not detailed in the regulation itself.