EXPLANATORY STATEMENT
STATUTORY RULE 1986 NO. 125 ISSUED BY THE
AUTHORITY OF THE MINISTER FOR COMMUNICATIONS
Section 93 of the Radiocommunications Act 1983 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 55(1) of the Act provides that the Minister may direct that an inquiry be conducted in respect of a matter that relates to radiocommunications. Sub-section 55(5) provides, amongst other things, for the appointment of Commissioners to conduct such inquiries.
Section 62 provides that a person appearing as a witness at an inquiry shall, if the Commissioner so directs, be paid by the Commonwealth such allowances for his travelling and other expenses as are prescribed.
The regulation provides a scale of witnesses’ fees and travelling expenses which is directly modelled on the scale of expenses prescribed under the Public Accounts Committee Act 1951 for payment to witnesses appearing before the Public Accounts Committee. That scale is tied in turn to expenses prescribed in the High Court Rules. Those Rules, which are updated regularly on the recommendation of the Federal Costs Advisory Committee, are the basis of fee scales applied by other Commonwealth administrative tribunals.
The regulation provides for the payment of daily appearance fees at the rate set from time to time in the High Court Rules, the payment of a reasonable additional amount to expert witnesses and the payment of a reasonable amount by way of reimbursement of travelling and accommodation expenses.