Commonwealth Numbered Regulations - Explanatory Statements

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SEAFARERS REHABILITATION AND COMPENSATION AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 198

Statutory Rules 2000 No. 198

Issued by the Authority of the Minister for Employment, Workplace Relations and Small Business

Seafarers Rehabilitation and Compensation Act 1992

Seafarers Rehabilitation and Compensation Amendment Regulations 2000 (No. 1)

Section 143 of the Seafarers Rehabilitation and Compensation Act 1992 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The purpose of the present Regulations is to adjust the fee set in subregulation 5(a) of the Seafarers Rehabilitation and Compensation Regulations (the Principal Regulations) as a taxable supply subject to the A New Tax System (Goods and Services Tax) Act 1999.

Section 78 of the Act requires that, where an employer receives a written request for a reconsideration of a determination, the employer must arrange for an industry panel to assist in the reconsideration, or arrange for a Comcare officer to assist where an industry panel is not provided for in a certified agreement to which the employer is a party.

Section 141 of the Act provides that Comcare may charge an employer the prescribed fee for the provision of a Comcare officer's services for the purposes of section 78 of the Act and further provides that the regulations may make provision for the recovery of such fees.

Subregulation 5(a) of the Principal Regulations formerly provided that, for the purposes of subsection 141 (1) of the Act, the prescribed fee for the provision of a Comcare officer's services for the purposes of section 78 of the Act was $80.00 for each hour, and a proportionate amount for a part of an hour. This fee is a taxable supply and required adjustment in accordance with the A New Tax System (Goods and Services Tax) Act 1999.

The Regulations change the prescribed fee from $80.00 to $85 per hour.

Details of the Regulations are attached.

The Regulations commence on gazettal.

ATTACHMENT

SEAFARERS REHABILITATION AND COMPENSATION AMENDMENT REGULATIONS 2000 (No. 1)

Regulation 1

Regulation 1 sets out the name of the Regulations.

Regulation 2

Regulation 2 provides for the commencement of the Regulations on gazettal.

Regulation 3

Regulation 3 is a formal provision, stating that the Seafarers Rehabilitation and Compensation Regulations are amended as provided for in Schedule 1.

Schedule 1 - Amendments

Item 1

Item 1 amends the name of the Principal Regulations such that they become the

Seafarers Rehabilitation and Compensation Regulations 1993.

Item 2

Item 2 converts existing regulation 5 into subregulation 5(1), consequent upon the insertion of subregulation 5(2) by item 4 below.

Item 3

Item 3 omits the reference to $80.00 and replaces it with $85.

Item 4

Item 4 creates a subregulation 5(2) clarifying that the amount in paragraph 5(1)(a) is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.