Statutory Rules
1976 No. 303
REGULATION UNDER THE REMUNERATION AND ALLOWANCES ACT 1973.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Remuneration and Allowances Act 1973.
Dated this twenty-third day of December, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
A. A. STALEY
Minister of State for the Capital Territory for and on behalf of the Prime Minister.
________
Amendment of the Remuneration and Allowances Regulations†
After regulation 8 of the Remuneration and Allowances Regulations the following regulation is inserted:—
Remuneration of officer appointed to the office of Deputy Chairman of the Social Welfare Commission.
“ 8a. (1) Where a person appointed to hold the office of Deputy Chairman of the Social Welfare Commission was, immediately before his appointment, an officer of the Australian Public Service occupying an office of First Assistant Director-General in the Department of Social Security, he shall be paid, during the period of his appointment (including any period of re-appointment) to the office of Deputy Chairman of the Social Welfare Commission, in lieu of the remuneration and annual allowance (if any) payable in respect of that office, remuneration, in respect of the period commencing on 1 June 1976 and ending on 28 September 1976, at the rates per annum applicable to an officer of the Australian Public Service occupying an office classified as Level 4 in the Second Division.
“ (2) This regulation shall be deemed to have come into operation on 1 June 1976.”.
* Notified in the Australian Government Gazette on 30 December 1976.
† Statutory Rules 1974, No. 7 as amended by Statutory Rules 1975, Nos. 31 and 137; and 1976, No. 179.
Overview
Statutory Rules 1976 No. 303, made under the Remuneration and Allowances Act 1973, was introduced to address the need for clear and specific remuneration guidelines for an officer appointed to the office of Deputy Chairman of the Social Welfare Commission. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, the regulation specifies the remuneration for such an officer if they were previously a First Assistant Director-General in the Department of Social Security. This regulation aims to ensure that the Deputy Chairman receives appropriate compensation in line with the Australian Public Service's pay scale for Level 4 in the Second Division, effective from 1 June 1976 to 28 September 1976. The regulation was designed to provide clarity and consistency in the remuneration of high-ranking officials within the Australian Public Service.
Scope and Application
This legislative instrument amends the Remuneration and Allowances Regulations under the Remuneration and Allowances Act 1973, specifically addressing the remuneration of the Deputy Chairman of the Social Welfare Commission. The regulation applies to an individual who, prior to their appointment as Deputy Chairman, held the office of First Assistant Director-General in the Department of Social Security within the Australian Public Service. This amendment ensures that such a person receives appropriate remuneration during their tenure as Deputy Chairman of the Social Welfare Commission, calculated according to the rates applicable to an officer classified as Level 4 in the Second Division of the Australian Public Service for the period from 1 June 1976 to 28 September 1976. The regulation is effective from 1 June 1976, providing clear guidelines on the remuneration for this specific transitional appointment within the public service structure.
Key Provisions
The Regulation, under section 8a, provides specific remuneration for a person appointed as the Deputy Chairman of the Social Welfare Commission who was previously an officer in the Australian Public Service, specifically holding the office of First Assistant Director-General in the Department of Social Security. This new regulation applies to the period from 1 June 1976 until 28 September 1976. The remuneration is set at the rates per annum applicable to an officer of the Australian Public Service occupying an office classified as Level 4 in the Second Division.
The Regulation imposes clear obligations on the entities involved. For instance, the individual transitioning from their previous role to the Deputy Chairman's position must be compensated according to the specified rates during the transitional period. The regulation ensures that the Deputy Chairman receives appropriate remuneration in lieu of their previous salary and any applicable annual allowance. It is also important that this remuneration is to be provided for the entire period of their appointment to the new office, including any re-appointments.
Failure to comply with the requirements of this Regulation could potentially lead to various consequences. Although the specific offences, penalties, or consequences for breach are not detailed in the provided text, it is understood that non-compliance with legislative instruments can generally result in legal actions. The penalties for such breaches might include financial penalties, legal action to enforce compliance, or other civil and criminal consequences as stipulated by the broader framework of the Remuneration and Allowances Act 1973. The exact penalties would depend on the specific nature of the breach and the provisions of the overarching Act.