Commonwealth Numbered Regulations - Explanatory Statements

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COMMONWEALTH ELECTORAL OFFICERS (ALLOWANCES) REGULATIONS 2000 2000 NO. 28

STATUTORY RULES 2000 No. 28

Issued by the Authority of the Special Minister of State

Commonwealth Electoral Act 1918

Commonwealth Electoral Officers (Allowances) Regulations 2000

Section 395 of the Commonwealth Electoral Act 1918 (the Act) provides that the GovernorGeneral may make regulations for the purpose 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 purpose of the Regulations is to prescribe the allowances that apply to the Electoral Commissioner and to the Australian Electoral Officers for the Northern Territory and Tasmania.

The need for the Regulations has been brought about because reference can no longer be made to uniform terms and conditions applying for officers of the Australian Public Service. In examining options for setting terms and conditions for electoral officers, it was considered that certain allowances needed to be prescribed.

The Regulations prescribe:

*       the relocation, motor vehicle, dependant care, telephone and study assistance allowances applying to the Electoral Commissioner;

*       the additional relocation allowances applying to the Australian Electoral Officers for the Northern Territory and Tasmania; and

*       that certain allowances applying to an Executive Level employee of the Australian Electoral Commission (AEC) under the AEC Agreement will apply to the Australian Electoral Officers for the Northern Territory and Tasmania.

The Regulations also repeal the Electoral Officers (Remuneration and Allowances) Regulations which are now redundant.

Details of the Regulations are set out in the Attachment.

The Regulations commenced on gazettal.

Attachment

Commonwealth Electoral Officers (Allowances) Regulations 2000

Regulation 1.1 identifies the Regulations.

Regulation 1.2 establishes that the Regulations commence on gazettal.

Regulation 1.3 repeals earlier regulations.

Regulation 1.4 sets out the definition of terms used.

Regulation 2.1 specifies that the allowances in Part 2 are prescribed for the Electoral Commissioner under subsection 22(2) of the Act.

Regulation 2.2 sets out the relocation allowances payable to the Electoral Commissioner if he or she is required to relocate to take up appointment.

Regulation 2.3 provides for the payment of Motor Vehicle Allowance to the Electoral Commissioner for the use of his private vehicle when his official vehicle is unavailable.

Regulation 2.4 specifies that the Electoral Commissioner is entitled to reimbursement of dependant care costs while travelling on official business in accordance with Australian Electoral Commission (AEC) policy.

Regulation 2.5 provides for the reimbursement of work-related calls made on the Commissioner's private telephone.

Regulation 2.6 provides for study assistance in accordance with AEC guidelines.

Regulation 4.1 specifies that the allowances in Part 4 are prescribed for Australian Electoral Officers under subsection 22(2) of the Act.

Regulation 4.2 provides that the Australian Electoral Officers in the Northern Territory and Tasmania are entitled to certain allowances that are applicable to an Executive Level employee under the provisions in the AEC Agreement.

Regulation 4.3 sets out additional relocation allowances to which an Australian Electoral Officer in the Northern Territory and Tasmania may be entitled.