STATUTORY RULES.
1918. No. 43.
TREASURY REGULATIONS UNDER THE AUDIT ACT 1901–1917.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following amendment of the Treasury Regulations to come into operation forthwith.
Dated this thirteenth day of February, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
JOHN FORREST,
Treasurer.
Treasury Regulations Under The Audit Act.
Amendment.
Regulation 47 to be amended by the addition of the following:—
(f) “In cases in which the Treasurer so decides, one month’s pay is to be calculated as one-twelfth of the annual rate. Payments for portions of a month are to be computed by multiplying the amount of pay for a month by the number of days comprised in the period for which payment is to be made and dividing by the number of days in the month.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.1156.—Price 3d.
Overview
The Treasury Regulations Under The Audit Act 1901–1917 were enacted to amend the regulations, specifically Regulation 47, regarding the computation of pay for public servants. This legislative instrument, numbered 1918 No. 43, was issued by the Governor-General in Council and signed by the Treasurer, John Forrest, on 13 February 1918. The primary objective of this amendment was to provide clarity and consistency in the calculation of pay for public servants, particularly for periods shorter than a full month, by allowing the Treasurer to decide on the computation method where necessary. This adjustment aimed to address any potential discrepancies in the interpretation and application of the existing regulations concerning pay periods.
Scope and Application
The Treasury Regulations under the Audit Act 1901-1917, as amended by Statutory Rules 1918 No. 43, apply to the calculation of payments for public servants, thereby ensuring consistency and clarity in remuneration practices across federal departments and agencies. The regulations primarily concern the application of the Audit Act to the Commonwealth of Australia, impacting public servants and federal entities within the jurisdiction of the Commonwealth government. They specifically address the computation of one month's pay as one-twelfth of the annual rate, as well as the calculation of payments for portions of a month, by setting a clear method for determining pay based on the number of days worked. This legislative instrument extends its application to all Commonwealth public servants and entities, ensuring uniformity in payroll practices. There are no stated exclusions, exemptions, or thresholds within the scope of these regulations, and any further application or restriction is left to the discretion of the Treasurer, potentially extended or restricted through subordinate instruments.
Key Provisions
The primary operative section of the legislative instrument is the amendment to Regulation 47 under the Treasury Regulations, which pertains to the computation of pay in specific circumstances. According to the amendment, the Treasurer has the discretion to determine that one month's pay should be calculated as one-twelfth of the annual rate (Regulation 47(f)). This means that in certain cases, rather than paying out the monthly salary in full, the monthly amount could be broken down into a twelfth of the annual salary. Additionally, for any pay covering a portion of a month, the amount is to be computed by taking the monthly pay amount, multiplying it by the number of days in the period for which payment is made, and then dividing by the total number of days in the month (Regulation 47(f)).
This Act imposes specific obligations on the Treasurer concerning the calculation of pay under certain conditions. The Treasurer is tasked with deciding whether the alternative method of calculating pay as one-twelfth of the annual rate is applicable. Furthermore, when payments for portions of a month are required, the Treasurer must ensure that the calculations are performed accurately by multiplying the monthly pay by the number of days for which payment is being made and dividing by the total days in the month. This ensures consistency and fairness in the computation of salaries and wages.
Failure to adhere to the requirements set out in this Act could result in administrative or legal consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed within the legislative instrument itself, it is reasonable to infer that breaches could lead to financial discrepancies or disputes over pay. Such discrepancies might result in corrective actions being taken by the relevant authorities to rectify any underpayments or overpayments, potentially leading to further civil or criminal repercussions if found to be deliberate or negligent. The maximum penalties, however, are not explicitly stated in this particular legislative instrument but would likely be defined in other relevant sections of the Audit Act or associated legislation.