STATUTORY RULES.
1939. No. 83.
REGULATION UNDER THE SCIENCE AND INDUSTRY RESEARCH ACT 1920-1937.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of, Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Science and Industry Research Act 1920-1937.
Dated this sixth day of September, 1939.
GOWRIE
Governor-General.
By His Excellency’s Command,
R. G. CASEY
for Prime Minister.
Amendment of the Science and Industry Research Regulation.†
Meaning of “officer” and “salary” in Regulation 8-12.
Regulation 13 of the Science and Industry Research Regulations is amended—
(a) by omitting from paragraph (c) of the definition, of “salary” the words “or her”; and
(b) by adding at the end of that definition the following paragraph:—
“; (f) allowance payable to an officer in respect of the performance of higher duties than those incident to the scale of salary of his classified office, where the officer has performed such higher duties for not less than twelve months immediately preceding the date upon which he commences furlough or ceases to be an officer, and, in the case of an officer granted furlough, he is to retire at the expiration of that furlough.”.
* Notified in the Commonwealth Gazette on 7th September, 1939.
† Statutory Rules 1920, No. 125, as amended by Statutory Rules 1927, Nos. 38 and 57: 1931. No. 41: 1936. No. 13; 1937, No. 8; 1938, No. 14; and 1939, Nos. 15 and 45.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4207.—Price 3d.
Overview
The Statutory Rules 1939 No. 83, made under the Science and Industry Research Act 1920-1937, was enacted to address certain administrative issues within the regulation governing science and industry research. The objective of this legislative instrument is to amend the existing Science and Industry Research Regulations, specifically targeting the definition of "salary" for officers. The regulation was enacted by the Governor-General in Council, in response to a need for clarity and precision in the allowances paid to officers who undertake higher duties. The intent is to ensure that officers who perform higher duties for a specified period receive appropriate allowances, thereby recognising their additional responsibilities and contributions.
Scope and Application
The Science and Industry Research Regulation 1939 amends the definition of "salary" and "officer" within the Science and Industry Research Regulation, impacting personnel who are classified officers and receive allowances for performing higher duties. This amendment is made under the authority of the Science and Industry Research Act 1920-1937, indicating that the Regulation applies to the officers of the Commonwealth who are involved in scientific and industrial research activities. The Regulation extends to officers who have performed higher duties for at least twelve months before commencing furlough or ceasing to be an officer, and who retire at the expiration of that furlough. The Regulation's application is limited to the officers of the Commonwealth and their allowances, with no broader jurisdictional reach specified beyond the amendment of the existing Regulation. The changes introduced are specific to the conditions under which allowances are payable and do not introduce any new exclusions or exemptions beyond the scope of the existing definitions.
Key Provisions
The main operative sections of the Science and Industry Research Regulation 1939 No. 83 pertain to the amendment of Regulation 13, specifically altering the definition of "salary." Section 1 amends the definition by omitting the phrase "or her" from paragraph (c) of the "salary" definition, and adds a new paragraph (f) to clarify that an allowance may be payable to an officer who performs higher duties than those corresponding to their salary scale for at least twelve months before commencing furlough or ceasing to be an officer. If the officer is granted furlough, the allowance continues until the furlough ends, and the officer retires thereafter.
Under this Act, the obligations on parties or entities governed by it primarily involve adhering to the revised definition of "salary." This includes ensuring that any officer who performs higher duties than those corresponding to their salary scale for a specified period receives an allowance as outlined. The Act also mandates that these allowances be calculated and paid according to the criteria set forth in the amended regulation, ensuring consistency and fairness in compensation for officers who undertake additional responsibilities.
Failure to comply with the provisions of this Regulation can result in several consequences. The Act does not specify offences, penalties, or civil/criminal consequences directly within the text. However, breaches of regulations typically can lead to legal actions, such as fines or other penalties as determined by the relevant authorities. The maximum penalties, if applicable, would be dictated by the overarching legislation or other associated regulations, not explicitly stated in this particular statutory rule. It is essential for entities and officers governed by this regulation to ensure strict adherence to avoid any potential repercussions.