Australian Capital Territory
Public Sector Management Amendment Standards 2010 (No 4)
Disallowable instrument DI2010-193
made under the
Public Sector Management Act 1994, s 251 (Management Standards)

I amend the Standards as set out below.

Catherine Hudson
Commissioner for Public Administration
18/8/2010

Approved under the Public Sector Management Act 1994, s 251 (Management Standards)

Jon Stanhope
Chief Minister
16/8/2010

Australian Capital Territory
Public Sector Management Amendment Standards 2010 (No 4)
Disallowable instrument DI2010-193
made under the
Public Sector Management Act 1994, s 251 (Management Standards)    

    
Contents
	Page
	1	Name of instrument	1
	2	Commencement	1
	3	Legislation amended	1
	4	Section 551	1
	5	Section 551A	1
	6	Section 551C	2
	7	Section 552	3
	8	Section 553(2)	5
	9	New section 553A	5
	10	Section 554(1)	6
	11	Section 554(2)	6
	12	Section 554(3)	6
	13	Section 554B(2)	7

1	Name of instrument
This instrument is the Public Sector Management Amendment Standards 2010 (No 4).
2	Commencement
This instrument commences on 24August 2010.
3	Legislation amended
This instrument amends the Public Sector Management Standards 2006.
4	Section 551
substitute
551	Application—pt 7.3
This part applies to chief executives, executives and statutory office holders.
5	Section 551A
substitute
551A	Interpretation—pt 7.3
In this part:
business use means the use of an executive vehicle for purposes associated with the operation of the agency.
executive means—
	(a)	a chief executive employed under the Act, section 28 or section 30; or 
	(b)	an executive employed under the Act, section 72 or section 76; or
	(c)	a statutory office holder to whom this part applies.
executive vehicle means a self drive and private plated passenger motor vehicle which is provided to an executive as part of their total remuneration package, and includes any vehicle provided in lieu of that vehicle.
private use means the use of an executive vehicle for private or non-business purposes.
statutory office holder means—
	(a)	the holder of an office established under an Australian Capital Territory law and prescribed in Table 1.1 of Remuneration Tribunal Determination 3 of 2010, as varied; or 
	(b)	the holder of an office established under an Australian Capital Territory law and prescribed in Determination 5 of 2010, as varied; or 
	(c)	any determination by the Remuneration Tribunal which supersedes Determination 3 of 2010 and applies to full-time holders of public offices; or
	(d)	any determination by the Remuneration Tribunal which supersedes Determination 5 of 2010 and applies to the part-time presidential member of the ACT Civil and Administrative Tribunal.
6	Section 551C
substitute
551C	Executive vehicle entitlement—part-time executives
	(1)	Subject to subsection (2), an executive who works regular hours but is engaged on a part-time basis will continue to receive the vehicle entitlement as if they were a full time executive.
	(2)	The administering chief executive may agree to a recommendation from the chief executive of the relevant administrative unit, that the vehicle entitlement of an executive engaged on a part-time basis be restricted to a pro rata basis.  
	(3)	Having regard to all circumstances, the administering chief executive, in consultation with the chief executive of the relevant administrative unit, is required to consider and advise on the administrative arrangements required for the provision of a pro rata vehicle entitlement.  
Note	The usual pro rata arrangement will be pro rata payment in lieu in accordance with section 553.
7	Section 552
substitute
552	Choice of motor vehicle
	(1)	When entering into a lease for an executive vehicle an executive is entitled to choose an executive vehicle, subject to—
	(a)	the requirements of this section; and
	(b)	the requirements of the territory’s fleet provider; and 
	(c)	the specifications in the whole of government policy for executive vehicle management.
	(2)	The vehicle selected by an executive must be a four cylinder vehicle.
	(3)	The vehicle model selected by an executive must be suitable for business use at the ordinary place of work of the executive.  
	(4)	The vehicle model selected by an executive must not be a high performance, luxury or prestige vehicle.
	(5)	The vehicle selected by an executive may be Australian made or imported.
	(6)	The vehicle selected by an executive must be valued by the fleet provider at or below the applicable vehicle value set out in table 552.  
Note	The vehicle value is the value on the day the quotation is provided by the fleet provider.  
	(7)	An executive is entitled to choose optional items of equipment for an executive vehicle provided:
	(a)	the equipment is approved; and
	(b)	the total value of the vehicle with the equipment does not exceed the applicable vehicle value set out in table 552.
Table 552
column 1
remuneration zone	column 2
maximum vehicle value (excluding GST)	
Zone 1 or equivalent remuneration	$38,800	
Zone 2 or equivalent remuneration	$41,800	
Zone 3 or equivalent remuneration	$46,000	
Note 1	In table 552 the executive remuneration zone listed in column 1 is the zone determined in section 38.
Note 2	In table 552 the maximum vehicle value listed in column 2 is determined by the manufacturer’s recommended retail price.
	(8)	Where a statutory office holder receives remuneration that does not align with a remuneration zone as determined in section 38, the administering chief executive must determine the appropriate maximum value applicable to the vehicle entitlement of the statutory office holder.
8	Section 553(2)
omit
as defined in the Public Sector Management Act 1994 section 3,
9	New section 553A
insert
553A	Changing to payment in lieu of an executive vehicle entitlement
An executive who has elected to use an executive vehicle may subsequently elect to receive payment in lieu of an executive vehicle:
	(a)	from the date the lease of the executive vehicle ends; or
	(b)	with the agreement of the administering chief executive, where the administering chief executive:
	(i)	has received a recommendation from the relevant chief executive; and
	(ii)	is satisfied that there are exceptional circumstances that warrant agreement.
10	Section 554(1)
omit
shall
insert
will
11	Section 554(2)
omit
shall
insert
will
12	Section 554(3)
omit
shall be able to
insert
may
insert after executive vehicle management
provided the manufacturer’s recommended retail price does not exceed the maximum value prescribed in Table 552.
13	Section 554B(2)
omit
In accordance with subsection (1),

Endnotes
1	Notification
	Notified under the Legislation Act on 20 August 2010.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010