Parliamentary Remuneration Tribunal (Amendment) Act 1980 (NSW)
PARLIAMENTARY REMUNERATION TRIBUNAL
(AMENDMENT) ACT, 1980, No. 127
ANNO VICESIMO NONO
ELIZABETHE II BEGINE
Act No. 127, 1980.
An Act to amend the Parliamentary Remuneration Tribunal Act, 1975, with respect to the extension of time for making deter minations under that Act and to the making of determinations under that Act applying to new offices. [Assented to, 27th
November, 1 9 8 0 . ]
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
This Act may be cited as the "Parliamentary Remuneration
| Tribunal (Amendment) Act, | 1 9 8 0 " . |
2. The Parliamentary Remuneration Tribunal Act, 1 9 7 5 , is
referred to in this Act as the Principal Act.
This Act contains the following Schedules :—
SCHEDULE 1 . — A M E N D M E N T S TO THE PRINCIPAL A C T . SCHEDULE 2 . — A M E N D M E N T S TO THE PRINCIPAL A C T BY
WAY OF STATUTE L A W REVISION.
SCHEDULE 3.—TRANSITIONAL PROVISIONS.
4 . The Principal Act is amended in the manner set forth in
Schedules 1 and 2 .
Schedule 3 has effect.
SCHEDULE 1.
A M E N D M E N T S TO THE PRINCIPAL A C T .
(1) Section 3 ( 1 ) , definition of "determination"—
After " 5 " , insert ", 5A".
(2) Section 5A—
After section 5, insert :—
5A. ( 1 ) Where Schedule 1 is amended by the insertion of a reference to an office, the Tribunal, after such inquiry as he thinks necessary, may, and if so directed by the Minis ter shall, make a determination with respect to the remuneration that should be paid to the holder of the office during the time any determination already made under section 5 is in force.
(2) A determination under this section may con tain only provisions of a kind that may be included in a determination under section 5.
(3) The Tribunal shall, as soon as practicable after making a determination under subsection ( 1 ) , make a report to the Chief Justice of his determination.
(3) Section 7 A — After "5 (3 ) " , insert ", 5A ( 3 ) " .
(4) Section 8 ( 1 ) —
After "5 ( 3 ) " , insert ", 5A ( 3 ) " . S C H E D U L E 1—continued.
A M E N D M E N T S TO THE PRINCIPAL ACT—continued.
| (5) | Section 9 ( 2 A ) — |
After section 9 ( 2 ) , insert : —
(2A) A determination made under section 5A with respect to an office shall, subject to any alteration made by a determination made under section 7—
(a)
come into force or be deemed to have come into force on the date of commencement of the amendment inserting the reference to the office into Schedule 1, or such later day as the Tri bunal specifies in the determination; and
(b)
continue in force while any determination already made under section 5 continues in force.
(6) Section 10A—
After section 10. insert : —
10A. (1 ) The Chief Justice may, because of the illness of the person holding office as the Tribunal or for any other reason which seems proper to the Chief Justice, from time to time by order published in the Gazette, direct that—
(a) a reference in section 5 to 30th November in any specified year shall be construed as a reference to such later date (whether in that year or in the following year) as the Chief Justice specifies in the order; or
SCHEDULE 1—continued.
A M E N D M E N T S TO THE PRINCIPAL ACT—continued.
(b) the reference in section 7 to any particular period of 2 months shall be construed as a reference to such longer period as the Chief Justice speci fies in the order,
and sections 5 and 7 shall be construed and have effect
accordingly.(2) Where a determination that should, apart from this section, have been made in a particular year is made in the following year pursuant to a direction under this section—
fa) the determination shall, for the purposes of sec
tion 9 ( 1 ) , be deemed to have been made in the
firstmentioned year; and
(b)
Parliamentary remuneration shall continue to be payable during that following year, at the rates at which it was payable at the conclusion of the firstmentioned year, until payment can be effected at the rates provided by the determina tion so made, but any adjustments necessary as a result of the coming into force of the deter mination on 1st January in that following year consequent on the making of the determination
shall be made. (3) The fact that a determination made under section 5 in a particular year is not reported to the Chief Justice, or forwarded to the Minister, until the following year does not affect the operation of section 9 in relation to the determination.
SCHEDULE 2.
| A M E N D M E N T S TO THE PRINCIPAL | A C T BY WAY OF | STATUTE |
L A W REVISION.
(1) Section 4 ( 3 ) —
Omit "three", insert instead " 3 " .
(2) (a) Section 5 —
Omit "the first day of" wherever occurring, insert instead "1st".
(b) Section 5—•
Omit "the thirtieth day of" wherever occurring, insert instead "30th".
(c) Section 5 ( 1 ) — Omit "year" where firstly occurring, insert instead
"year,".
(d) Section 5 (1) —
Omit "that first day of", insert instead "that 1st".
(3) Section 7 ( 1 ) —
Omit "two", insert instead "2".
| (4) | Section | 9 ( 1 ) | ( a ) — |
Omit "the first day of", insert instead "1st".
(5) Section 11 (2) —
Omit "the first day of", insert instead "1st".
(6) Section 12 ( 2 ) —
Omit "twenty-eight", insert instead "28".
SCHEDULE 2—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE
L A W REVISION—continued.
(7) Section 13 (1) ( d ) —
Omit "twelve", insert instead "12".
S C H E D U L E 3. TRANSITIONAL PROVISIONS.
1. A reference in sections 5A and 9 (2A) of the Principal Act, as amended by this Act, to an amendment to Schedule 1 to that Act includes a reference to the amendment m a d e by the regulation under that Act published in Gazet te N o . 57 of 3rd April , 1980, and any subsequent amendment , but does not include a reference to an amendment m a d e before that date.
2. The reference in section 10A of the Principal Act, as amended by this
Act, to a year shall be construed as including a reference to 1980.
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