Public Service Act 1951 (Cth)

PUBLIC SERVICE.

No. 11 of 1951.

An Act relating to the Salaries of certain Offices in the Public Service.

[Assented to 7th July, 1951.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.This Act may be cited as the Public Service Act 1951.

Commencement.

2.This Act shall come into operation on the day on which it receives the Royal Assent.

Incorporation.

3.This Act is incorporated with, and shall be read as one with, the Public Service Act 1922–1950.

Salaries payable as from 30th June, 1951.

4.—(1.) Notwithstanding anything contained in the Public Service Act 1922–1950, the limits of salary, or the salary, of every office in the Public Service shall, from and including the thirtieth day of June, One thousand nine hundred and fifty-one, be the limits of salary, or the salary, prescribed by sub-section (2.), (3.), (4.) or (5.), as the case requires, of this section.

(2.) The limits of salary of an office, being an office in respect of which limits of salary were applicable as at the thirty-first day of December, One thousand nine hundred and fifty, are—

(a) a minimum salary equal to the minimum salary actually payable, as at that date, in respect of that office; and

(b)a maximum salary equal to the maximum salary actually payable, as at that date, in respect of that office.

(3.) The salary of an office, being an office in respect of which a salary, but not limits of salary, was applicable as at the thirty-first day of December, One thousand nine hundred and fifty, is the salary actually payable, as at that date, in respect of that office.

(4.) The limits of salary of an office—

(a) created during the period which commenced on the first day of January, One thousand nine hundred and fifty-one, and ended on the date of commencement of this Act; or

(b) the classification of which was raised or lowered during that period,

are—

(c) a minimum salary equal to the minimum salary which would have been payable, as at the thirty-first day of December, One thousand nine hundred and fifty, in respect of that office if the creation of that office, or the alteration of the classification of that office, had been effected on that date; and

(d) a maximum salary equal to the maximum salary which would have been payable, as at that date, in respect of that office if the creation of that office, or the alteration of the classification of that office, had been effected on that date.

(5.) The salary of an office in respect of which a salary, but not limits of salary, is applicable, being an office—

(a) created during the period which commenced on the first day of January, One thousand nine hundred and fifty-one, and ended on the date of commencement of this Act; or

(b) the classification of which was raised or lowered during that period,

is the salary which would have been actually payable, as at the thirty-first day of December, One thousand nine hundred and fifty, in respect of that office if the creation of that office, or the alteration of the classification of that office, had been effected on that date.

(6.) For the purposes of this section, the salary actually payable in respect of an office as at the thirty-first day of December, One thousand nine hundred and fifty, includes salary payable to an occupant of that office under a determination of the Public Service Arbitrator and salary as varied by regulation one hundred and six a of the Commonwealth Public Service Regulations as in force on that

 

date or by regulation seventy-five of the Commonwealth Public Service (Parliamentary Officers) Regulations as in force on that date, as the case requires.

(7.) Nothing in this Act prevents the raising or lowering, after the commencement of this Act, of the classification of an office under section twenty-nine of the Public Service Act 1922–1950 or the alteration, after the commencement of this Act, of the limits of salary, or the salary, of an office by the Public Service Arbitrator.

(8.) Nothing in this Act operates so as to alter the date from which an officer would, but for this Act, be entitled to be granted an increment under section thirty-one of the Public Service Act 1922