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 12 May 2007
taking into account amendments up to SLI 2007 No. 113

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

 1 Name of regulations [see Note 1]

 2 Interpretation 

 2A Specified works (Act s 5) 

 3 Forms of oath and affirmation 

 4 Form of summons 

 5 Form of warrant 

 6 Witnesses’ fees and expenses 

 7 Assessors’ fees and expenses 

 10 Sectional Committees 

 11 Provisions to prevent double payments 

 12 Non‑application of Act to certain authorities 

Schedule 1 Forms 

Form 1  

Form 2  

Form 3  

Form 4  

Schedule 2 Witnesses’ fees and travelling expenses 

Schedule 3 Authorities of the Commonwealth to which the Act does not apply             

Notes   

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)

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.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.  From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Table of Amendments