Snowy Mountains Engineering Corporation Regulation
Statutory Rules 1971 No. 37 as amended
made under the
Snowy Mountains Engineering Corporation Act 1970
This compilation was prepared on 2 July 2004
taking into account amendments up to SR 1988 No. 377
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
1A Interpretation
2 Travelling allowance
3 Other allowances payable while serving in Australia
4 Allowances in respect of service outside Australia
5 Payment of allowances
6 Prescribed amount for purposes of subsection 48 (1) of the Act
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Snowy Mountains Engineering Corporation Regulations.
1A Interpretation
In these Regulations, unless the contrary intention appears:
the Act means the Snowy Mountains Engineering Corporation Act 1970.
2 Travelling allowance
(1) Subject to regulation 4 of these Regulations, where an Assistant Director is necessarily absent overnight from the city or town in which he ordinarily resides in the course of performing his duties, travelling allowance is payable to him in respect of the period of absence at the rate of Twenty-eight dollars per day.
(2) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.
3 Other allowances payable while serving in Australia
Subject to the next succeeding regulation, an Assistant Director is entitled to be paid such allowances, other than travelling allowance, as would be payable to him under the Public Service Regulations, as in force from time to time, if he were an officer of the Public Service of the Commonwealth and were included in the Second Division.
4 Allowances in respect of service outside Australia
(1) Where an Assistant Director performs duties outside Australia and the Territories of the Commonwealth, he is entitled to be paid such allowances as he would be entitled to be paid if he were an officer of the Public Service of the Commonwealth and were included in the Second Division.
(2) An Assistant Director who is entitled to be paid travelling allowance in respect of a period under subregulation (1) of this regulation is not entitled to be paid travelling allowance in respect of that period under regulation 2 of these Regulations.
5 Payment of allowances
Travelling and other allowances are payable to an Assistant Director in accordance with these Regulations in respect of any period of office after the eighteenth day of November, 1970.
6 Prescribed amount for purposes of subsection 48 (1) of the Act
For the purposes of subsection 48 (1) of the Act, the amount of $5,000,000 is prescribed in respect of a contract entered into in relation to a short term interest bearing investment by the Corporation of surplus working capital funds.
Notes to the Snowy Mountains Engineering Corporation Regulation
Note 1
The Snowy Mountains Engineering Corporation Regulation (in force under the Snowy Mountains Engineering Corporation Act 1970) as shown in this compilation comprise Statutory Rules 1971 No. 37 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1971 No. 37 | 25 Mar 1971 | 25 Mar 1971 | |
1973 No. 70 | 29 Mar 1973 | 29 Mar 1973 | R. 2 |
1973 No. 225 | 22 Nov 1973 | R. 1: 2 Apr 1973
Remainder: 22 Nov 1973 | — |
1988 No. 377 | 21 Dec 1988 | 21 Dec 1988 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1A................ | ad. 1988 No. 377 |
R. 2................. | am. 1973 Nos. 70 and 225 |
R. 6................. | 1988 No. 377 |
Overview
The Snowy Mountains Engineering Corporation Regulation, Statutory Rules 1971 No. 37, was enacted to provide detailed rules under the Snowy Mountains Engineering Corporation Act 1970. This legislative instrument addresses the need for specific guidelines on allowances for Assistant Directors of the Corporation, ensuring clarity and consistency in the payment of allowances for both domestic and international duties. The Regulations were prepared by the Office of Legislative Drafting, Attorney-General’s Department, and were last amended in 1988. The primary objective of these Regulations is to outline the specific allowances payable to Assistant Directors, ensuring they receive fair compensation aligned with Public Service standards while performing their duties, whether in Australia or overseas.
Scope and Application
The Snowy Mountains Engineering Corporation Regulation, made under the Snowy Mountains Engineering Corporation Act 1970, outlines various allowances and payments applicable to Assistant Directors who are employed by the Corporation. These Regulations apply to Assistant Directors who are necessarily absent from their place of residence while performing their duties within Australia or abroad. The allowances are payable from the 18th day of November 1970, and include travelling allowances for overnight absences from the ordinary place of residence at a rate of twenty-eight dollars per day, as well as other allowances similar to those provided under the Public Service Regulations for officers in the Second Division of the Commonwealth Public Service. Additionally, the Regulations specify that certain allowances are not payable concurrently, such as travelling allowances when an Assistant Director is serving outside Australia. The application of these Regulations is extended through subordinate instruments that have amended and updated the original Statutory Rules since their inception in 1971.
Key Provisions
The Snowy Mountains Engineering Corporation Regulation (1971) provides various allowances to Assistant Directors based on their service within or outside Australia. Regulation 2 states that an Assistant Director is entitled to a travelling allowance of $28 per day if they are absent overnight from their ordinary residence due to their duties. This allowance is in addition to the cost of conveyance and is payable while serving in Australia (Reg. 3). If the Assistant Director is serving outside Australia and the Territories of the Commonwealth, they are entitled to allowances equivalent to those paid to officers in the Second Division of the Public Service of the Commonwealth (Reg. 4(1)). However, if they receive allowances for serving outside Australia, they are not entitled to the travelling allowance under Regulation 2 (Reg. 4(2)). The payment of these allowances is governed by Regulation 5, which states that they are payable in respect of any period of office after 18 November 1970.
The Regulations impose obligations on the Assistant Directors to be absent from their ordinary residence or to perform duties outside Australia to be eligible for the allowances. The Corporation is obligated to pay these allowances in accordance with the stipulated rates and conditions outlined in the Regulations. Additionally, Regulation 6 prescribes a specific amount of $5,000,000 for the purposes of subsection 48(1) of the Act concerning a short-term interest-bearing investment by the Corporation.
The Regulations do not explicitly state any offences or penalties for non-compliance. However, failure to adhere to the prescribed conditions or misapplication of allowances could potentially lead to legal consequences under the overarching Snowy Mountains Engineering Corporation Act 1970. This could include civil liabilities for improper payments or administrative penalties imposed by the relevant authorities. The precise penalties would depend on the nature and extent of the breach, as outlined in the primary Act.