Re-establishment and Employment (Allowances and Loans--Agricultural Occupations) Regulations (Amendment)

Overview

Statutory Rules 1977 No. 117, enacted by the Governor-General on the advice of the Federal Executive Council, amends the Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations under the Re-establishment and Employment Act 1945. This legislative instrument was introduced to clarify and update the roles within the Department of Primary Industry that are authorised to make decisions regarding allowances and loans for agricultural occupations. The primary objective of this regulation is to ensure that the designated authorities within the department are explicitly identified, thereby streamlining the administrative process and ensuring compliance with the Act. The Re-establishment and Employment Act 1945 was enacted to provide support to individuals re-establishing themselves in employment, particularly in agricultural occupations, by offering allowances and loans. The regulation specifically identifies the First Assistant Secretary in the Agriculture and Food Services Division and the Assistant Secretary in the Grants Administration and Farm Services Branch as prescribed authorities for administering these provisions. This amendment aims to enhance the efficiency and clarity of the regulatory framework, ensuring that the correct officials are accountable for the implementation of the Act’s provisions.

Scope and Application

The Statutory Rules 1977 No. 117 made under the Re-establishment and Employment Act 1945 amends the Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations. This regulation specifies that certain individuals within the Department of Primary Industry are designated as prescribed authorities for the purposes of Divisions 3 and 4 of Part VI of the Act, which pertains to agricultural occupations. Specifically, the amendment identifies the First Assistant Secretary in the Agriculture and Food Services Division, or the Assistant Secretary in the Grants Administration and Farm Services Branch within that Division, as being eligible to act as prescribed authorities. The regulation has a clear jurisdictional reach within the Commonwealth of Australia, affecting personnel within the specified department. There are no stated exclusions, exemptions, or thresholds in this particular legislative instrument, and the application of the regulation is not extended or restricted by subordinate instruments.

Key Provisions

The Statutory Rules 1977 No. 117, made under the Re-establishment and Employment Act 1945, primarily amend the Re-establishment and Employment (Allowances and Loans—Agricultural Occupations) Regulations. The key change is the substitution of regulation 3, which alters the definition of who is considered a "prescribed authority" for certain purposes (section 3). Specifically, the regulation now states that a person holding or performing the duties of either the First Assistant Secretary in the Agriculture and Food Services Division or the Assistant Secretary in the Grants Administration and Farm Services Branch within the Department of Primary Industry is now a prescribed authority for Divisions 3 and 4 of Part VI of the Act concerning agricultural occupations. The Act imposes specific obligations on these prescribed authorities. They are tasked with responsibilities and duties related to the administration of allowances and loans under the Act, particularly in agricultural contexts. These authorities must ensure that the provisions of the Act are adhered to in their respective roles, which include overseeing and managing the processes related to financial support for individuals in agricultural occupations. Breaching the requirements set out in the Act can result in various consequences. The legislation does not explicitly detail specific offences or penalties in this particular regulation; however, general provisions of the Re-establishment and Employment Act 1945 may apply. Typically, breaches of such regulations can lead to civil or administrative penalties, including fines or other corrective measures. For more severe violations, criminal penalties might also apply, depending on the nature and severity of the breach, with potential maximum penalties as stipulated in the broader Act.