Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 (WA)
Western Australia
Western Australia
Western Australia
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016The Parliament of Western Australia enacts as follows:
This is the
This Act comes into operation as follows —
(a) Part 1 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on the day after that day.
This Part amends the
(1) In section 4(1) in the definition of
Chairman delete “temporarily in place of the Chairman pursuant to section 34 of theInterpretation Act 1918 ;” and insert:
to act temporarily in place of the Chairman under the
(2) In section 4(1) in the definition of
member delete “temporarily in place of a member under section 34 of theInterpretation Act 1918 ;” and insert:
to act temporarily in place of a member under the
After section 7B insert:
(1) In this section —
(a) that is specified in column 1 of Schedule 2; and
(b) that is prescribed by the regulations for the purposes of this paragraph.
(2) The Tribunal is to, from time to time as provided by this Act, inquire into and determine the minimum and maximum amounts of remuneration to be paid or provided to executive officers of Government entities.
(3) Section 6(2) and (3) apply to a determination under subsection (2).
(4) A person who holds an office mentioned in column 2 of Schedule 2 for an entity immediately before the day on which the entity is prescribed by the regulations for the purposes of paragraph (b) of the definition of
Government entity in subsection (1) is not an executive officer of the entity during the balance of the person’s term of office that remained immediately before that day.
In section 8:
(a) in paragraph (d) delete “another.” and insert:
another; and
(b) after paragraph (d) insert:
(e) not more than a year elapses between one determination under section 7C(2) and another.
(1) In section 10(4):
(a) in paragraph (c)(ii) delete “section 7B.” and insert:
section 7B;
(b) after paragraph (c) insert:
and
(d) appoint a person nominated from time to time in writing by the chief executive officer of the department of the Public Service principally assisting in the administration of the
Financial Management Act 2006 to assist the Tribunal in an inquiry in so far as it relates to the minimum and maximum amounts of remuneration to be paid or provided to executive officers of Government entities referred to in section 7C(2).
(2) In section 10 after each of subsections (1)(a) and (b) and (4)(a) insert:
and
In section 10A(2) after “or (e)” insert:
or 7C(2)
After Schedule 1 insert:
[s. 7C]
A corporation as defined in the | 1. The person appointed under the |
2. A person appointed under the | |
Gold Corporation as defined in the | 1. The person appointed under the |
2. The person appointed under the | |
GoldCorp as defined in the | The person appointed under the |
The Mint as defined in the | The person appointed under the |
A port authority as defined in the | 1. The person appointed under the |
2. A person appointed under the | |
RWWA as defined in the | 1. The person appointed under the |
2. A person appointed under the | |
A corporation as defined in the | 1. The person appointed under the |
2. A person appointed under the | |
The Authority as defined in the | 1. The person appointed under the |
2. A person appointed under the | |
The Corporation as defined in the | 1. The person appointed under the |
2. A person appointed under the |
This Division amends the
In Schedule V Part 1 Division 2:
(a) after the item that begins with “Senior executive officer” insert:
An office —
(a) referred to in the
(b) held by a person specified in column 2 of Schedule 2 to that Act for a Government entity as defined in section 7C(1) of that Act, whether or not the person is an executive officer as defined in that subsection.
(b) delete the item relating to the
Salaries and Allowances Act 1975 .
This Division amends the
(1) In section 14(2)(b) before “to” insert:
subject to sections 15A and 15B,
(2) After section 14(5) insert:
(6) Subsection (5) does not apply to the exercise by the board of the power to determine or set remuneration to which section 15A or 15B applies.
After section 14 insert:
(1) In this section —
(2) This section applies when the corporation to which it relates is not a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration, including any variation to the remuneration, of the chief executive officer of a corporation is to be determined by the board on the recommendation of the Minister.
(4) Subsection (3) —
(a) applies regardless of whether the chief executive officer was appointed on, before or after the day on which the
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but(b) does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the corporation’s chief executive officer.
(1) In this section —
(2) This section applies when the corporation to which it relates is a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration of the chief executive officer of a corporation who is an executive officer, as defined in the
Salaries and Allowances Act 1975 section 7C(1), is to be set by the board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.(4) Any variation to the remuneration of the chief executive officer of a corporation who, because of the
Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the board on the recommendation of the Minister.
This Division amends the
In section 7(4)(a) after “to” insert:
sections 8A and 8B and
After section 7 insert:
(1) In this section —
(2) This section applies when Gold Corporation is not a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration, including any variation to the remuneration, of the chief executive officer or the deputy chief executive officer of Gold Corporation is to be determined by the Board on the recommendation of the Minister.
(4) Subsection (3) —
(a) applies regardless of whether the chief executive officer or the deputy chief executive officer was appointed on, before or after the day on which the
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but(b) does not require the Board to re‑determine the remuneration of the person who, immediately before that day, holds office as Gold Corporation’s chief executive officer or deputy chief executive officer.
(1) In this section —
(2) This section applies when Gold Corporation is a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration of the chief executive officer, or the deputy chief executive officer, of Gold Corporation who is an executive officer, as defined in the
Salaries and Allowances Act 1975 section 7C(1), is to be set by the Board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.(4) Any variation to the remuneration of the chief executive officer, or the deputy chief executive officer, of Gold Corporation who, because of the
Salaries and Allowances Act 1975 section 7C(4), is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the Board on the recommendation of the Minister.
In section 40(3)(a) before “shall” insert:
subject to sections 41A and 41B,
After section 40 insert:
(1) In this section —
(2) This section applies when the Mint is not a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration, including any variation to the remuneration, of the managing director of the Mint is to be determined by the Board on the recommendation of the Minister.
(4) Subsection (3) —
(a) applies regardless of whether the managing director was appointed on, before or after the day on which the
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but(b) does not require the Board to re‑determine the remuneration of the person who, immediately before that day, holds office as the managing director of the Mint.
(1) In this section —
(2) This section applies when the Mint is a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration of the managing director of the Mint who is an executive officer, as defined in the
Salaries and Allowances Act 1975 section 7C(1), is to be set by the Board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.(4) Any variation to the remuneration of the managing director of the Mint who, because of the
Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the Board on the recommendation of the Minister.
In section 51(3)(a) before “shall” insert:
subject to sections 52A and 52B,
After section 51 insert:
(1) In this section —
(2) This section applies when GoldCorp is not a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration, including any variation to the remuneration, of the managing director of GoldCorp is to be determined by the Board on the recommendation of the Minister.
(4) Subsection (3) —
(a) applies regardless of whether the managing director was appointed on, before or after the day on which the
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but(b) does not require the Board to re‑determine the remuneration of the person who, immediately before that day, holds office as the managing director of GoldCorp.
(1) In this section —
(2) This section applies when GoldCorp is a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration of the managing director of GoldCorp who is an executive officer, as defined in the
Salaries and Allowances Act 1975 section 7C(1), is to be set by the Board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.(4) Any variation to the remuneration of the managing director of GoldCorp who, because of the
Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the Board on the recommendation of the Minister.
This Division amends the
(1) In section 14(2)(b) delete “the
Salaries and Allowances Act 1975 ,” and insert:
sections 15A and 15B,
(2) After section 14(3) insert:
(4A) Subsection (3) does not apply to the exercise by the board of the power to determine or set remuneration to which section 15A or 15B applies.
After section 14 insert:
(1) In this section —
(2) This section applies when the port authority to which it relates is not a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration, including any variation to the remuneration, of the CEO of a port authority is to be determined by the board on the recommendation of the Minister.
(4) Subsection (3) —
(a) applies regardless of whether the CEO was appointed on, before or after the day on which the
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but(b) does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the port authority’s CEO.
(1) In this section —
(2) This section applies when the port authority to which it relates is a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration of the CEO of a port authority who is an executive officer, as defined in the
Salaries and Allowances Act 1975 section 7C(1), is to be set by the board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.(4) Any variation to the remuneration of the CEO of a port authority who, because of the
Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the board on the recommendation of the Minister.
This Division amends the
(1) In section 20(2)(b) before “to” insert:
subject to sections 21A and 21B,
(2) After section 20(5) insert:
(6) Sections 21A and 21B apply to a person appointed under subsection (5) to act in the office of CEO as if the references in those provisions to the CEO were references to the person so acting.
After section 20 insert:
(1) In this section —
(2) This section applies when RWWA is not a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration, including any variation to the remuneration, of the CEO is to be determined by the board on the recommendation of the Minister.
(4) Subsection (3) —
(a) applies regardless of whether the CEO was appointed on, before or after the day on which the
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but(b) does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the CEO.
(1) In this section —
(2) This section applies when RWWA is a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration of the CEO who is an executive officer, as defined in the
Salaries and Allowances Act 1975 section 7C(1), is to be set by the board within the range determined by the Salaries and Allowances Tribunal section 7C(2) of that Act.(4) Any variation to the remuneration of the CEO who, because of the
Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the board on the recommendation of the Minister.
This Division amends the
(1) In section 13(2)(b) before “to” insert:
subject to sections 14A and 14B,
(2) After section 13(3) insert:
(4A) Subsection (3) does not apply to the exercise by the board of the power to determine or set remuneration to which section 14A or 14B applies.
After section 13 insert:
(1) In this section —
(2) This section applies when the corporation to which it relates is not a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration, including any variation to the remuneration, of the chief executive officer of a corporation is to be determined by the board on the recommendation of the Minister.
(4) Subsection (3) —
(a) applies regardless of whether the chief executive officer was appointed on, before or after the day on which the
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but(b) does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the corporation’s chief executive officer.
(1) In this section —
(2) This section applies when the corporation to which it relates is a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration of the chief executive officer of a corporation who is an executive officer, as defined in the
Salaries and Allowances Act 1975 section 7C(1), is to be set by the board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.(4) Any variation to the remuneration of the chief executive officer of a corporation who, because of the
Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the board on the recommendation of the Minister.
This Division amends the
(1) In section 10(3)(b) before “to” insert:
subject to sections 11A and 11B,
(2) Delete section 10(4).
(3) After section 10(5) insert:
(6A) Subsection (5) does not apply to the exercise by the board of the power to determine or set remuneration to which section 11A or 11B applies.
(4) After section 10(8) insert:
(9) Sections 11A and 11B apply to a person appointed under subsection (8) to act in the office of chief executive officer as if the references in those provisions to the chief executive officer were references to the person so acting.
After section 10 insert:
(1) In this section —
(2) This section applies when the Authority is not a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration, including any variation to the remuneration, of the chief executive officer is to be determined by the board on the recommendation of the Minister.
(4) Subsection (3) —
(a) applies regardless of whether the chief executive officer was appointed on, before or after the day on which the
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but(b) does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the chief executive officer.
(1) In this section —
(2) This section applies when the Authority is a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration of the chief executive officer who is an executive officer, as defined in the
Salaries and Allowances Act 1975 section 7C(1), is to be set by the board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.(4) Any variation to the remuneration of the chief executive officer who, because of the
Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the board on the recommendation of the Minister.
This Division amends the
(1) In section 8(2)(b) before “to” insert:
subject to sections 8AA and 8AB,
(2) After section 8(3) insert:
(4A) Subsection (3) does not apply to the exercise by the board of the power to determine or set remuneration to which section 8AA or 8AB applies.
(3) After section 8(5) insert:
(6) Sections 8AA and 8AB apply to a person appointed under subsection (5) to act in place of the chief executive officer as if the references in those provisions to the chief executive officer were references to the person so acting.
After section 8 insert:
(1) In this section —
(2) This section applies when the Corporation is not a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration, including any variation to the remuneration, of the chief executive officer is to be determined by the board on the recommendation of the Minister.
(4) Subsection (3) —
(a) applies regardless of whether the chief executive officer was appointed on, before or after the day on which the
Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but(b) does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the chief executive officer.
(1) In this section —
(2) This section applies when the Corporation is a Government entity as defined in the
Salaries and Allowances Act 1975 section 7C(1).(3) The remuneration of the chief executive officer who is an executive officer, as defined in the
Salaries and Allowances Act 1975 section 7C(1), is to be set by the board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.(4) Any variation to the remuneration of the chief executive officer who, because of the
Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the board on the recommendation of the Minister.
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