Acts Amendment (Remuneration of Governor) Act 1989 (WA)

WESTERN AUSTRALIA

ACTS AMENDMENT

(REMUNERATION OF GOVERNOR)

ACT

No. 19 of 1989

AN ACT to amend the Constitution Acts Amendment Act 1899

and the Salaries and Allowances Act 1975.

[Assented to 1 December 1989]

The Parliament of Western Australia enacts as follows:

PART 1-PRELIMINARY

Short title

1. This Act may be cited as the Acts Amendment (Remuneration of

Governor) Act 1989.

Commencement

2. (1) Subject to subsection (2), this Act shall come into operation on

the day on which it receives the Royal Assent.

No. 19] Acts Amendment (Remuneration of Governor) Act [1989

(2) Part 2 shall come into operation on such day as is fixed by

proclamation.

PART 2—CONSTITUTION ACTS AMENDMENT ACT 1899

Principal Act

3. In this Part the Constitution Acts Amendment Act 1899* is

referred to as the principal Act.

[*Reprinted as at 16 March 1989.]

Section 45 repealed

4.     Section 45 of the principal Act is repealed.

Schedule IV repealed

5.     Schedule IV to the principal Act is repealed.

PART 3—SALARIES AND ALLOWANCES ACT 1975

Principal Act

6. In this Part the Salaries and Allowances Act 1975* is referred to as

the principal Act.

[*Reprinted as at 16 November 1988.]

Long title amended

7.    The long title of the principal Act is amended by inserting after

"payable to" the following-

" the Governor and to ".

1989] Acts Amendment (Remuneration of Governor) Act [No. 19

Section 4 amended

8.     Section 4 of the principal Act is amended in subsection (1) by

inserting after "in relation to" in the definition of "remuneration" the

following-

" the Governor, ".

Section 5A inserted

9.    The principal Act is amended by inserting after section 5 the

following section

Inquiry into and determination of

remuneration of Governor

5A. (1) The Premier shall, before an appointment is made to the office of Governor, request the Tribunal to inquire into, and determine, the remuneration to be paid to the Governor.

(2) The Tribunal shall, on receiving a request made under subsection (1), comply with that request.

(3) The Tribunal may, in complying with a request made under subsection (1), in its determination specify a method of altering from time to time the remuneration payable to the Governor during the subsistence of the appointment referred to in that subsection.

(4) A determination made by the Tribunal under this section

shall

(a) be in writing;

(b)	be signed by the members; and
(c)	come into operation, or be deemed to have come into operation, on the day on which the appointment referred to in subsection (1) is made.

(5) The Tribunal shall cause one copy of each determination made under this section to be given to the Premier who shall, not later than 14 days from the date on which the Premier receives the determination, inform the Tribunal that he agrees or does not agree with that determination and, where he does not agree, set out the grounds for his disagreement and recommendations as to the alterations that he believes should be made.

No. 19] Acts Amendment (Remuneration of Governor) Act [1989

The Tribunal, having considered the Premier's recommendations following his disagreement with the determination, shall either amend the determination or reaffirm the determination.

(6)

(7) The text of the determination as finally settled shall be published in the Gazette.

(8) Any remuneration payable under, or under any method of alteration specified in, any determination made under this section shall, notwithstanding any other written law, be paid in accordance with that determination out of the Consolidated Revenue Fund, which is appropriated accordingly.

(9) The remuneration payable under a determination which has come into operation under this section in respect of a particular appointment to the office of Governor shall not, subject to any alteration effected under any method of alteration specified in that determination, be altered while that appointment subsists.

(10) Notwithstanding anything in this section, the Tribunal shall forthwith on the coming into operation of section 9 of the Acts Amendment (Remuneration of Governor) Act 1989 proceed to inquire into, and determine, the remuneration to be paid to the Governor and this section shall apply to and in relation to that determination as if that determination had been made in compliance with a request made under subsection (1). ".