Constitution Amendment (Governor’s Salary) Act 2003 (NSW)

An Act to amend the Constitution Act 1902 and the Statutory and Other Offices Remuneration Act 1975 with respect to the salary of the Governor.

1Name of Act

This Act is the Constitution Amendment (Governor’s Salary) Act 2003.

2Commencement

This Act commences on the day on which the first person to be appointed to the office of Governor after the date of assent to this Act is so appointed.

3Amendment of Constitution Act 1902 No 32

The Constitution Act 1902 is amended as set out in Schedule 1.

4Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No 4)

The Statutory and Other Offices Remuneration Act 1975 is amended as set out in Schedule 2.

5Repeal

The Governor’s Salary Regulation 1990 is repealed.

Schedule 1Amendment of Constitution Act 1902

(Section 3)

Omit the section. Insert instead:

9IGovernor’s salary(1)

The Governor is entitled to be paid such remuneration as the Statutory and Other Offices Remuneration Tribunal may from time to time determine, under the Statutory and Other Offices Remuneration Act 1975, in respect of the office of Governor.

(2)

Remuneration is not payable under this section to a Governor for any period for which he or she is entitled to remuneration from the Commonwealth in respect of his or her administration of the Government of the Commonwealth.

Schedule 2Amendment of Statutory and Other Offices Remuneration Act 1975

(Section 4)

[1]Schedule 1 Public offices

Insert “Governor” at the beginning of the list of offices.

[2]Schedule 6 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Constitution Amendment (Governor’s Salary) Act 2003

[3]Schedule 6, clause 3

Insert after clause 2:

Part 3Provisions consequent on enactment of Constitution Amendment (Governor’s Salary) Act 20033Governor’s salary(1)

On, or as soon as practicable after, the commencement of the Constitution Amendment (Governor’s Salary) Act 2003, the Tribunal is to make a determination of the remuneration to be paid to the holder of the office of Governor as on and from the day specified for that purpose in the determination (which may, but need not, be the day on which that Act commences).

(2)

A determination under this clause is taken to be a determination under section 13. However, sections 17 (2) and 20 (1) (b) do not apply to a determination under this clause.

(3)

A determination under this clause comes into force, or is taken to have come into force, on the day specified for that purpose in the determination (which may, but need not, be the day on which the Constitution Amendment (Governor’s Salary) Act 2003) commences.