Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 2001 No. 58

Issued by the authority of the Special Minister of State

Commonwealth Electoral Act 1918

Commonwealth Electoral Officers (Allowances) Amendment Regulations 2001 (No. 1)

Section 395 of the Commonwealth Electoral Act 1918 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 22(2) of the Act provides that an electoral officer shall be paid such allowances (if any) as are prescribed.

Section 5 of the Act defines “electoral officer” as meaning the Electoral Commissioner, the Deputy Electoral Commissioner or an Australian Electoral Officer for a State.

The Regulations amend the Commonwealth Electoral Officers (Allowances) Regulations 2000 to include allowances that apply to the Deputy Electoral Commissioner.

The need for the Regulations has been brought about because reference can no longer be made to uniform terms and conditions applying to Senior Executive Service equivalent employees of the Australian Public Service. In examining options for setting terms and conditions for the Deputy Electoral Commissioner not otherwise provided for by the Remuneration Tribunal or the Act, it was considered that certain allowances needed to be prescribed.

The Regulations prescribe:

•       the relocation allowance;

•       reimbursement of costs associated with family care arrangements; and

•       reimbursement of certain travel costs for family members.

Details of the Regulations are set out in the Attachment.

The Regulations would commence on 5 April 2001 to coincide with the appointment of a new Deputy Electoral Commissioner.

To the extent that there is an element of retrospectivity the regulations do not breach subsection 48(2) of the Acts Interpretation Act 1901 as they do not disadvantage any person but rather benefit the holder of office of the Deputy Electoral Commissioner.

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