Australian Crime Commission Amendment (Witness Expenses) Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 23 March 2017

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Michael Keenan

Minister for Justice

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Australian Crime Commission Regulations 2002

1  Name

  This instrument is the Australian Crime Commission Amendment (Witness Expenses) Regulations 2017.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Australian Crime Commission Act 2002.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Australian Crime Commission Regulations 2002

1  After regulation 3A

Insert:

3B  Prescribed allowance for travelling and other expenses—complying with a notice under section 21A of the Act

  For the purposes of section 21F of the Act, the following allowances are prescribed:

 (a) for a person’s travel to appear before an examiner or member of the staff of the ACC—such amount as is reasonable:

 (i) in respect of the person’s conveyance to and from the place at which the person so attends; and

 (ii) if the person is required to be absent overnight from the person’s usual place of residence—for meals and accommodation;

 (b) for other expenses incurred in a person’s appearance before an examiner or member of the staff of the ACC:

 (i) in the case of a person remunerated by wages, salary or fee—such amount as is lost by the person’s appearance before the examiner or staff member; and

 (ii) in any other case—$25.00 per hour of the person’s appearance before the examiner or staff member.

2  Subregulation 5(2)

Omit “High Court Rules” (wherever occurring), substitute “Royal Commissions Regulations 2001”.

3  After regulation 10

Insert:

11  Application—Australian Crime Commission Amendment (Witness Expenses) Regulations 2017

  The amendments made by Schedule 1 to the Australian Crime Commission Amendment (Witness Expenses) Regulations 2017 apply to an appearance before an examiner or member of the staff of the ACC that occurs on or after the day that Schedule commences.

4  Clause 1 of Schedule 2

Omit “High Court Rules”, substitute “Royal Commissions Regulations 2001”.

5  Paragraph 2(a) of Schedule 2

Omit “such amount as is provided for in the High Court Rules in relation to expenses of witnesses so remunerated”, substitute “such amount as is lost by the witness’s attendance”.

6  Paragraph 2(b) of Schedule 2

Omit “High Court Rules”, substitute “Royal Commissions Regulations 2001”.