Document ID: chunk:federal_register_of_legislation:F2023L00759:reg:7
Version: federal_register_of_legislation:F2023L00759
Segment Type: reg
Provision Reference: reg 7
Character Range: 7559–9825

7  Allowance for accommodation and meals
 (1) A witness appearing at a hearing who:
 (a) in order to appear as a witness at the hearing, needs to travel with one or more overnight absences; and
 (b) stays in commercial accommodation for at least one of those overnight absences;
is entitled to be paid, for each overnight absence that the witness stays in commercial accommodation, the expenses that the witness incurs or is likely to incur for accommodation and meals, up to the maximum accommodation and meals allowance worked out under subsection (2).
 (2) For the purposes of this section, the maximum accommodation and meals allowance for an overnight absence is the rate set out in Table 6A or 6B of the official travel determination for a tier 3 office holder who undertakes the same travel as the witness.
 (3) No expenses are payable under this section in relation to travel that does not require an overnight absence.

Application for allowance
 (4) A witness who is entitled to be paid expenses under subsection (1) may apply to the NACC for the payment of the expenses.
 (5) The application must include the following:
 (a) evidence that the witness was or will be absent overnight in order to appear as a witness at the hearing;
 (b) evidence of the expenses incurred or likely to be incurred by the witness.
 (6) The application may be granted by a person (the decision‑maker) who is any of the following:
 (a) the CEO;
 (b) a staff member of the NACC who is an APS employee and:
 (i) an SES employee; or
 (ii) an acting SES employee; or
 (iii) classified as Executive Level 2 or equivalent, or higher; or
 (iv) acting in a position usually occupied by an APS employee who is so classified.
 (7) The decision‑maker may grant the application only if the decision‑maker is satisfied that the application complies with subsection (5).
 (8) If the decision‑maker grants the application, but is not satisfied that the expenses applied for are equal to or less than the maximum accommodation and meals allowance, the decision‑maker must reduce the amount payable to the witness to the amount of the maximum accommodation and meals allowance.
 (9) If the application is granted, allowance is payable in accordance with the grant, subject to this instrument.