[pic] Public Works Committee Regulations 1969 Statutory Rules 1969 No. 182 as amended made under the Public Works Committee Act 1969 This compilation was prepared on 2 July 2010 taking into account amendments up to SLI 2010 No. 173 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Name of regulations [see Note 1] 3 2 Interpretation 3 2A Specified works (Act s 5) 3 3 Forms of oath and affirmation 3 4 Form of summons 3 5 Form of warrant 3 6 Witnesses' fees and expenses 4 7 Assessors' fees and expenses 4 10 Sectional Committees 4 11 Provisions to prevent double payments 4 12 Non-application of Act to certain authorities 5 Schedule 1 Forms 6 Form 1 6 Form 2 6 Form 3 6 Form 4 7 Schedule 2 Witnesses' fees and travelling expenses 8 Schedule 3 Authorities of the Commonwealth to which the Act does not apply 9 Notes 11 1 Name of regulations [see Note 1] These regulations are the Public Works Committee Regulations 1969. 2 Interpretation (1) In these Regulations: the Act means the Public Works Committee Act 1969. Sectional Committee means a Sectional Committee referred to in section 10 of the Act. (2) In these Regulations, a reference to a form by number is a reference to the form so numbered in the Schedule 1. 2A Specified works (Act s 5) For paragraph (f) of the definition of work in section 5 of the Act, the following are declared: (a) a temporary building or structure; (b) a demountable building or structure. 3 Forms of oath and affirmation (1) An oath under section 20 of the Act may be in accordance with Form 1. (2) An affirmation under section 20 of the Act may be in accordance with Form 2. 4 Form of summons A summons to a witness under section 21 of the Act may be in accordance with Form 3. 5 Form of warrant A warrant for the apprehension of a witness under section 22 of the Act may be in accordance with Form 4. 6 Witnesses' fees and expenses (1) A witness appearing before the Committee shall be paid such fees and travelling expenses as the Chairman allows in accordance with the scale in the Schedule 2. 7 Assessors' fees and expenses An assessor attending a meeting of the Committee in his capacity as an assessor shall be paid such fees and travelling expenses in respect of that attendance as would be payable under regulation 6 if that attendance were an appearance before the Committee by a witness to give evidence because of his professional, scientific or other special skill or knowledge. 10 Sectional Committees These Regulations, other than the next succeeding regulation, apply in relation to a Sectional Committee in like manner as they apply in relation to the Committee and, for the purpose of these Regulations as so applying: (a) a reference to the Committee shall be read as a reference to a Sectional Committee; and (b) a reference to the Chairman shall be read as a reference to the Chairman of a Sectional Committee. 11 Provisions to prevent double payments (1) Where a witness or an assessor would, but for this subregulation, be entitled to be paid under these Regulations: (a) fees and expenses in respect of his appearance before, or his attendance at, a meeting of the Committee on a particular day; and (b) fees and expenses in respect of his appearance before, or his attendance at, a meeting of a Sectional Committee on that day; he shall be paid the fees and expenses referred to in paragraph (a) or (b) of this subregulation, whichever are the greater, but he shall not be paid the fees and expenses referred to in paragraph (a), and the fees and expenses referred to in paragraph (b), of this subregulation. (4) Where, in respect of travel on a particular journey, a person would, but for this subregulation, be entitled, under these Regulations to be paid expenses in respect of his conveyance in respect of attendance at a meeting of the Committee and in respect of attendance at a meeting of a Sectional Committee, he shall be paid the expenses in respect of his conveyance to attend the meeting of the Committee, or the expenses in respect of his conveyance to attend the meeting of the Sectional Committee whichever are the greater, but he shall not be paid any other expenses in respect of conveyance in connexion with travel on that journey. 12 Non-application of Act to certain authorities It is hereby declared that the Act does not apply to an authority of the Commonwealth that is specified in Schedule 3. The Schedules Schedule 1 Forms Form 1 (regulation 3 (1)) OATH OF WITNESS The evidence I shall give on this examination shall be the truth, the whole truth and nothing but the truth. SO HELP ME GOD! Form 2 (regulation 3 (2)) AFFIRMATION OF WITNESS I do solemnly and sincerely affirm and declare that the evidence I shall give on this examination shall be the truth, the whole truth and nothing but the truth. Form 3 (regulation 4) COMMONWEALTH OF AUSTRALIA Public Works Committee Act 1969 SUMMONS TO A WITNESS To (here insert name, address and occupation of witness). You are hereby summoned to appear before the Parliamentary Standing Committee on Public Works (or a Sectional Committee of the Parliamentary Standing Committee on Public Works) on the day of , 19 , at o'clock in the noon, at , then and there to give evidence and to produce (here specify the documents required to be produced); and you are required, unless excused or released by a member of the Committee (or Sectional Committee) from continuing in attendance, to continue in attendance as directed by the Committee (or Sectional Committee) or the Chairman of the Committee (or Sectional Committee). Dated this day of , 19 . (Chairman) Form 4 (regulation 5) COMMONWEALTH OF AUSTRALIA Public Works Committee Act 1969 WARRANT FOR THE APPREHENSION OF A WITNESS WHEREAS (here insert name, address and occupation of witness) has been summoned to appear before the Parliamentary Standing Committee on Public Works (or a Sectional Committee of the Parliamentary Standing Committee on Public Works) but has failed to appear (or to continue in attendance) as required by the summons: These are therefore to command and authorize you forthwith to apprehend the said (here insert name of witness) and to bring him before the Committee (or the Sectional Committee) to give evidence and to detain him in custody for that purpose until he is released by order of the Chairman, or a member, of the Committee (or Sectional Committee). Given at this day of , 19 . (Chairman) To (here insert description of persons to whom the warrant is addressed). Schedule 2 Witnesses' fees and travelling expenses (regulation 6) 1. A witness appearing before the Committee to give evidence because of his professional, scientific or other special skill or knowledge shall be paid a fee of an amount not less than the lower amount specified in the High Court Rules in relation to expenses of witnesses possessing such skill or knowledge and not more than the higher amount so specified. 2. A witness, other than a witness referred to in Item 1 of this Schedule, appearing before the Committee to give evidence shall be paid: (a) in the case of a witness remunerated by wages, salary or fees - a fee of the amount specified, and as delimited, in the High Court Rules in relation to expenses of witnesses so remunerated; or (b) in any other case - a fee of the amount specified in the High Court Rules in relation to expenses of witnesses generally. 3. A witness appearing before the Committee to give expert evidence shall be paid, in addition to any other fee payable to him under Item 1 or 2 of this Schedule, a reasonable amount for qualifying to give that evidence. 4. A witness appearing before the Committee to give evidence shall be paid a reasonable amount: (a) in respect of his conveyance to and from the place at which he so attends; and (b) if he is required to be absent overnight from his usual place of residence for meals and accommodation. Schedule 3 Authorities of the Commonwealth to which the Act does not apply (regulation 12) |Item |Authority of the Commonwealth | |1 |AeroSpace Technologies of Australia Pty Ltd | |2 |ASC Pty Ltd, including: | | |(a) each of its wholly owned subsidiaries; and | | |(b) any wholly owned subsidiaries of the | | |subsidiaries mentioned in paragraph (a) | |3 |AUSSAT Pty Ltd | |4 |Australian Canned Fruits Corporation | |5 |Australian Dairy Corporation | |6 |Australian Defence Industries Ltd | |7 |Australian Dried Fruits Corporation | |8 |Australian Honey Board | |9 |Australian Horticultural Corporation | |10 |Australian Industry Development Corporation | |11 |Australian Meat and Live-stock Corporation | |12 |Australian National Railways Commission | |13 |Australian Overseas Projects Corporation | |14 |Australian Postal Commission | |15 |Australian Shipping Commission | |16 |Australian Telecommunications Commission | |17 |Australian Tobacco Marketing Advisory Committee | |18 |Australian Wheat Board Limited | |19 |Australian Wine and Brandy Corporation | |20 |Australian Wool Corporation | |21 |Bankstown Airport Limited | |22 |Camden Airport Limited | |23 |Commonwealth Banking Corporation | |24 |Essendon Airport Limited | |25A |Export Finance and Insurance Corporation | |26AA |Hoxton Park Airport Limited | |26AB |NBN Co Limited | |27 |Overseas Telecommunications Commission | | |(Australia) | |28 |Pipeline Authority | |29 |Sydney Airports Corporation Limited | Notes to the Public Works Committee Regulations 1969 Note 1 The Public Works Committee Regulations 1969 (in force under the Public Works Committee Act 1969) as shown in this compilation comprise Statutory Rules 1969 No. 182 amended as indicated in the Tables below. Table of Instruments |Year and |Date of |Date of |Application,| |number |notification|commencement |saving or | | | | |transitional| | |in Gazette | |provisions | | |or FRLI | | | | |registration| | | |1969 No. 182|20 Nov 1969 |20 Nov 1969 | | |1972 No. 70 |18 May 1972 |18 May 1972 |R. 2 | |1976 No. 218|6 Oct 1976 |6 Oct 1976 |- | |1979 No. 123|5 July 1979 |5 July 1979 |- | |1981 No. 241|28 Aug 1981 |28 Aug 1981 |- | |1982 No. 89 |30 Apr 1982 |30 Apr 1982 |- | |1982 No.196 |20 Aug 1982 |20 Aug 1982 |- | |1986 No. 82 |24 Apr 1986 |24 Apr 1986 |- | |1988 No. 124|24 June 1988|24 June 1988 |- | |1988 No. 211|26 Aug 1988 |26 Aug 1988 |- | |1988 No. 312|2 Dec 1988 |2 Dec 1988 |- | |1992 No. 108|28 Apr 1992 |28 Apr 1992 |- | |1992 No. 134|9 June 1992 |9 June 1992 |- | |1993 No. 57 |4 May 1993 |10 Mar 1993 (see |R. 2 | | | |r. 1.1 and | | | | |Gazette 1993, | | | | |No. GN17) | | |1994 No. 175|16 June 1994|3 June 1994 |Rr. 1.2 and | | | | |1.3 | |1998 No. 310|19 Nov 1998 |19 Nov 1998 |- | |2004 No. 178|1 July 2004 |1 July 2004 |- | |2005 No. 207|19 Sept 2005|1 Oct 2005 (see |- | | |(see |r. 2) | | | |F2005L02673)| | | |2007 No. 113|11 May 2007 |12 May 2007 |- | | |(see | | | | |F2007L01315)| | | |2010 No. 173|1 July 2010 |2 July 2010 |- | | |(see | | | | |F2010L01725)| | | Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |R. 1 |rs. 1998 No. 310 | |R. 2 |am. 1986 No. 82 | |R. 2A |ad. 2004 No. 178 | |R. 6 |am. 1986 No. 82 | |R. 7 |am. 1979 No. 123 | | |rs. 1981 No. 241 | |R. 8 |rep. 1979 No. 123 | |R. 9 |am. 1972 No. 70 | | |rep. 1979 No. 123 | |R. 11 |am. 1979 No. 123 | |R. 12 |ad. 1982 No. 89 | | |am. 1982 No. 196 | | |rs. 1986 No. 82 | |Heading to First |rep. 1986 No. 82 | |Schedule | | |Schedule 1 | | |Heading to |ad. 1986 No. 82 | |Schedule 1 | | |Form 1 |1969 No. 182 | |Form 2 |1969 No. 182 | |Form 3 |1969 No. 182 | |Form 4 |1969 No. 182 | |Heading to Second |rep. 1986 No. 82 | | | | |Schedule | | |Schedule 2 | | |Heading to |ad. 1986 No. 82 | |Schedule 2 | | |Second Schedule |rs. 1976 No. 218 | | |am. 1981 No. 241 | |Schedule 3 | | |Schedule 3 |ad. 1986 No. 82 | | |am. 1988 Nos. 124, 211 and 312; 1992 | | |Nos. 108 and 134; 1993 No. 57; 1994 | | |No. 175; 1998 No. 310; 2005 No. 207; | | |2007 No. 113; 2010 No. 173 |