{"id":"F1996B00357","name":"Australian Competition and Consumer Commission (Allowances) Regulations","slug":"australian-competition-and-consumer-commission-allowances-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"241 of 1983","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28603,"registerId":"commonwealth-F1996B00357-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Competition and Consumer Commission (Allowances) Regulations","content":"![](image.001.png)\n\nAustralian Competition and Consumer Commission (Allowances) Regulations\n\nStatutory Rules 1983 No. 241 as amended\n\nmade under the\n\nTrade Practices Act 1974\n\nThis compilation was prepared on 23 October 2000  \ntaking into account amendments up to SR 1995 No. 333\n\nPrepared by the Office of Legislative Drafting,  \nAttorney-General’s Department, Canberra\n\nContents\n\nPage\n\n1 Citation \\[see Note 1\\]\n\n2 Interpretation\n\n3 Allowances payable to members of the Commission\n\nNotes\n\n1 Citation \\[see Note 1\\]\n\nThese Regulations may be cited as the Australian Competition and Consumer Commission (Allowances) Regulations.\n\n2 Interpretation\n\nIn these Regulations, unless the contrary intention appears, the Act means the Trade Practices Act 1974.\n\n3 Allowances payable to members of the Commission\n\nFor the purposes of subsection 9 (2) of the Act, the following allowances are prescribed, namely, the allowances payable to an officer of the Australian Public Service.\n\n> Notes to the Australian Competition and Consumer Commission (Allowances) Regulations\n\n> Note 1\n\n> Note: The Australian Competition and Consumer Commission (Allowances) Regulations (in force under the Trade Practices Act 1974) as shown in this compilation comprise Statutory Rules 1983 No. 241 amended as indicated in the Tables below.\n\n> Note: Table of Statutory Rules\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement                              | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ------------------------------------------------ | --------------------------------------------- |\n| 1983 No. 241   | 28 Oct 1983                    | 28 Oct 1983                                      |                                               |\n| 1995 No. 333   | 3 Nov 1995                     | 6 Nov 1995 (see r. 1 and Gazette 1995, No. S423) | —                                             |\n\n> Note: Table of Amendments\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"border-collapse:collapse\"><tbody><tr><td colspan=\"2\" style=\"width:354.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmendHead\" style=\"margin-right:0pt\"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style=\"width:111.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableColHead\"><span>Provision affected</span></p></td><td style=\"width:233pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableColHead\"><span>How affected</span></p></td></tr><tr><td style=\"width:111.1pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt; margin-bottom:3pt\"><span>R. 1</span><span style=\"width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.................</span></p></td><td style=\"width:233pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt; margin-bottom:3pt\"><span>am. 1995 No. 333</span></p></td></tr></tbody></table>\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations remain faithful to their original, narrow purpose: to prescribe allowance entitlements for ACCC members by reference to the allowances payable to APS officers. The 1995 amendment noted in the compilation affected the citation provision and did not materially expand or change the substantive scope of the Regulations. There is no evidence in the text provided that the instrument has grown significantly beyond that original, narrowly administrative purpose."},"complexity_factors":["Very short instrument: 3 substantive provisions (citation, interpretation, substantive allowance prescription).","Only one defined term introduced in the instrument: 'the Act' (interpreted to mean the Trade Practices Act 1974).","Single operative clause (reg. 3) that is a simple cross-reference to APS allowances rather than a detailed schedule of amounts.","One external cross-reference of legal significance: subsection 9(2) of the Trade Practices Act 1974 (creates dependency on that provision).","Low conditionality and no nested exceptions or multiple schedules.","Minor amendment history (1995 amendment to the citation) — no layered amendment complexity."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- These Regulations tell us what allowances (extra payments on top of salary) members of the Australian Competition and Consumer Commission (ACCC) are to receive for the purposes of subsection 9(2) of the Trade Practices Act 1974. (Subsection 9(2) is the Act provision that allows the making of regulations about allowances for Commission members.)\n- The Regulations do this by prescribing that ACCC members are to be paid the same allowances as an officer of the Australian Public Service (APS).\n- The Regulations also contain a short interpretation clause saying that, unless the context requires otherwise, “the Act” means the Trade Practices Act 1974, and a citation clause allowing the Regulations to be referred to by their short title.\n\n**Who is affected**\n\n- Primary: Members of the ACCC (they receive allowances set by these Regulations).\n- Secondary: The Commonwealth (public funds supply the allowances) and taxpayers generally (the cost of allowances is borne from public revenue).\n- Other public servants: The Regulations tie ACCC members’ allowance rates to those applicable to APS officers, so changes in APS allowance settings will generally flow through to ACCC members.\n\n**Why it matters (practical effect and mechanisms)**\n\n- Administrative simplicity: Instead of listing specific allowance rates in the Regulations, the instrument delegates allowance quantum to the APS rates by reference. This means ACCC members’ allowances automatically track APS allowance rules unless the Act or future regulations say otherwise (Regulation 3).\n- Budgetary effect: Any cost of allowances is a public expense funded from Commonwealth budgets for the ACCC. The cost is diffuse across taxpayers; the benefit is concentrated on ACCC members.\n- Personnel incentives: Parity with APS allowances affects recruitment and retention by aligning ACCC member pay-extras with standard public service practice. That may reduce the need for a bespoke allowance schedule for Commissioners.\n- Flexibility and discretion: Because the Regulations adopt APS allowance rules by reference, changes to APS allowances (for example, through enterprise agreements, determinations or separate regulations governing APS pay and allowances) will typically alter ACCC members’ allowances without amending these Regulations. This reduces the need for frequent regulatory amendment but increases dependency on APS remuneration processes.\n\n**Costs, trade-offs and implementation points**\n\n- Who pays: the Commonwealth (public funds). The instrument does not create a new funding source; it fixes the rule for calculating allowances.\n- Administration and compliance: Minimal additional compliance burden. Payment and record-keeping follow normal public service payroll and finance practices.\n- Opportunity costs and substitution effects: By tying ACCC allowances to APS officers’ allowances, the instrument forgoes tailoring allowances to ACCC-specific conditions (risk, market comparators, specialist recruitment needs). That may simplify administration but limits bespoke pay signalling.\n- Capture/rent-seeking risk: The text itself does not create new discretionary power to award extra allowances beyond those set for APS officers; however, reliance on external APS determinations means ACCC members’ allowance outcomes depend on broader public service bargaining and decision processes rather than an ACCC-specific public consultation.\n- Implementation risk: Low. The rule is straightforward and operationally simple. Changes to the actual allowance amounts depend on APS processes rather than frequent regulatory drafting.\n\n**Where to look in the instrument**\n\n- Regulation 2 (Interpretation) — defines “the Act” as the Trade Practices Act 1974 for these Regulations.\n- Regulation 3 (Allowances payable to members of the Commission) — prescribes that members receive the allowances payable to an officer of the APS for the purposes of subsection 9(2) of the Act.\n\n**Amendments/history (summary)**\n\n- This compilation notes a 1995 amendment to the citation provision; the substantive effect — prescribing APS allowances for ACCC members — remains the operative rule in the Regulations.\n\nOverall, the instrument is a short, mechanically-focused regulation that sets ACCC members’ allowance entitlement by direct reference to APS officer allowances, thereby simplifying administration and tying ACCC allowance outcomes to broader APS remuneration decisions."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing allowances for ACCC members. There is no evidence of scope creep or expansion beyond this narrow administrative function."},"complexity_factors":["Only 3 operative provisions (Rules 1-3)","Single defined term ('the Act')","No cross-references beyond one reference to subsection 9(2) of the parent Act","No conditional logic, exceptions, or nested provisions","Substantive content contained entirely in one sentence (Rule 3)","Total length under 200 words of operative text"],"plain_english_summary":"This is a very short set of regulations that sets out what allowances (extra payments for expenses like travel) members of the Australian Competition and Consumer Commission (ACCC) can claim.\n\n**What it does:**\n- It tells us that ACCC members get the same allowances as Australian Public Service officers.\n- This means when ACCC members travel for work or incur other work-related expenses, they claim allowances at the same rates and under the same rules as regular public servants.\n\n**Who it affects:**\n- Members of the ACCC (the national competition and consumer protection regulator)\n- Anyone administering payments to ACCC members\n\n**Why it matters:**\n- It ensures ACCC members are treated consistently with other public servants when it comes to expense reimbursements, avoiding special treatment or confusion about what they can claim.\n\n**Key detail:**\n- The regulations were originally made under the old *Trade Practices Act 1974* (which has since been replaced by the *Competition and Consumer Act 2010*)."}},"importantCases":[],"_links":{"self":"/api/acts/australian-competition-and-consumer-commission-allowances-regulations","history":"/api/acts/australian-competition-and-consumer-commission-allowances-regulations/history","analysis":"/api/acts/australian-competition-and-consumer-commission-allowances-regulations/analysis","conflicts":"/api/acts/australian-competition-and-consumer-commission-allowances-regulations/conflicts","importantCases":"/api/acts/australian-competition-and-consumer-commission-allowances-regulations/important-cases","documents":"/api/acts/australian-competition-and-consumer-commission-allowances-regulations/documents"}}