Therapeutic Substances Regulations (Amendment)

Overview

The Therapeutic Substances Act 1953-1959 was enacted to address the regulation of therapeutic substances in Australia, ensuring that such substances are safe, effective, and of high quality. The Act was introduced by the Parliament of Australia to fill a gap in the regulation of therapeutic substances, aiming to protect public health by overseeing the manufacture, distribution, and sale of these substances. The Act provides a framework for the administration and control of therapeutic substances, including the establishment of committees to advise on various aspects of the regulation. The Therapeutic Substances Regulations 1962, made under this Act, outline specific administrative details, such as the remuneration and allowances for committee members involved in the regulation process. This legislative instrument aims to ensure that the regulatory framework operates smoothly and efficiently, supporting the overarching policy objective of safeguarding public health through stringent control and oversight of therapeutic substances.

Scope and Application

The Therapeutic Substances Regulations, as amended by Statutory Rules 1962, No. 56, pertain to the remuneration and allowances for members of Committees established under the Therapeutic Substances Act 1953-1959. This regulation does not apply to members who are officers of the Public Service of the Commonwealth or of a State. For those eligible, members attending Committee meetings are entitled to a daily remuneration of Seven pounds seven shillings, in addition to a travelling allowance if they are necessarily absent from their homes overnight. The travelling allowance can be paid at a daily rate of Five pounds five shillings for each full day of absence or at an hourly rate equivalent to one twenty-fourth of the daily rate if the absence is less than a full day or comprises multiple days and hours. Importantly, the payment of these allowances is supplementary to the cost of transport fares, which are to be covered by the Commonwealth. These provisions underscore the legislative intent to fairly compensate Committee members for their time and travel expenses related to their duties under the Therapeutic Substances Act.

Key Provisions

The main operative sections of this regulation pertain to the remuneration and allowances for members of committees under the Therapeutic Substances Regulations (Regulation 26). Regulation 26(1) specifies that the regulation does not apply to members who are officers of the Public Service of the Commonwealth or of a State. For members who are not covered by this exemption, Regulation 26(2) stipulates that they are entitled to a remuneration of Seven pounds seven shillings for each day they attend a committee meeting. Additionally, Regulation 26(3) provides for a travelling allowance for members who are necessarily absent from home overnight due to committee attendance, either at a daily rate of Five pounds five shillings for each full day or an hourly rate equivalent to one twenty-fourth of the daily rate for partial days or hours of absence. Regulation 26(4) clarifies that this travelling allowance is in addition to the cost of transport fares, which are to be borne by the Commonwealth as per Regulation 26(5). Under these regulations, the obligations imposed on the parties or entities governed include ensuring that members who attend committee meetings receive the specified remuneration and, if applicable, a travelling allowance. Furthermore, the Commonwealth is obligated to cover the cost of return transport fares for these members. The regulation aims to provide clear financial support to committee members, facilitating their attendance and participation in committee activities. This includes setting out the specific rates for remuneration and allowances, ensuring transparency and predictability in the compensation structure for committee members. Breach of these regulations could potentially lead to non-compliance with the financial obligations outlined. While the specific legal consequences for non-compliance are not detailed within the regulation itself, such breaches could result in disputes regarding the payment of remuneration and allowances. In practice, failure to adhere to these provisions might lead to administrative or legal challenges, especially if committee members do not receive the stipulated payments. The regulation does not explicitly state penalties for non-compliance, but the outlined financial obligations are crucial for maintaining the operational integrity of the committees governed by these regulations.