Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


AUSTRALIAN FILM, TELEVISION AND RADIO SCHOOL (ALLOWANCES) REGULATIONS 1992NO. 135

EXPLANATORY STATEMENT

Statutory Rules 1992 No. 135

Issued by the authority of the Minister for the Arts and Territories

Australian Film, Television and Radio School Act 1973

Australian Film, Television and Radio School (Allowances) Regulations

These Regulations are made to enable the Director of the Australian Film, Television and Radio School (the School) to be paid relocation and other related allowances, if appointed from outside Sydney.

The Regulations apply as of 31 January 1989, being the date of the appointment of the current Director, to ensure that he is entitled to be paid relocation and related allowances in relation to his move from Melbourne to Sydney. It will also ensure that there is an entitlement to such allowances for future appointees.

Section 51 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

Section 27 of the Act provides that:

(1)       The Director shall be paid such remuneration as is determined by the Remuneration Tribunal.

(2)       The Director shall be paid such allowances as are prescribed.

(3)       This section has effect subject to the Remuneration Tribunals Act 1973.

The Remuneration Tribunal has made a determination in relation to travelling allowances which is applicable to the Director of the School. It has not made a determination in relation to relocation and other related allowances.

In the absence of a determination by the Remuneration Tribunal, the only other means of providing such allowances for the Director is by regulation.

These Regulations prescribe that the Public Service Board Determination 1984/46 apply to the position of Director of the School i.e. that the Director be entitled to the same allowances at the same rates and on the same conditions as applicable to holders of offices in the Senior Executive Service of the Australian Public Service.

The fact that the Regulations are to apply retrospectively does not prejudice the rights of the current Director nor does it prejudice the rights of any future appointees as Director. Therefore the Regulations comply with the provisions of the Acts Interpretation Act 1901.


[Index] [Related Items] [Search] [Download] [Help]