Remuneration and Allowances Legislation Amendment Act 1992 (Cth)
Remuneration and Allowances Legislation Amendment Act 1992
PART 1—PRELIMINARY
Section | |
| Short title |
| Commencement |
PART 2—AMENDMENT OF THE INDUSTRIAL RELATIONS ACT 1988 | |
| Principal Act |
| Performance of duties on part-time basis |
| Remuneration and allowances of Presidential Members etc. |
| Repeal of section 23 and substitution of new section: |
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| Appropriation for payment of certain salaries and allowances |
| Transitional—salaries for Presidential Members |
| Transitional—allowances for members of Commission |
10. | Transitional—payments attributable to subsection 7(5E) of the |
| Transitional—part-time members of Commission |
| Appropriation for payment of transitional amounts |
PART 3—AMENDMENT OF THE INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT 1991 | |
| Principal Act |
| Interpretation |
TABLE OF PROVISIONS—
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PART 4—AMENDMENT OF THE REMUNERATION AND ALLOWANCES ACT 1990 | |
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PART 5—AMENDMENT OF THE REMUNERATION TRIBUNAL ACT 1973 | |
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PART 6—SALARIES OF EXECUTIVE EDUCATION OFFICERS—DEEMED DETERMINATION OF THE REMUNERATION TRIBUNAL | |
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Remuneration and Allowances Legislation Amendment Act 1992
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The Parliament of Australia enacts:
(2) Part 3 is taken to have commenced on 27 June 1991.
Section 16 and subsection 17(1) are taken to have commenced on 20 June 1990.
(4) Subsection 17(2) is taken to have commenced on 1 July 1990.
Subsection 19(1) is taken to have commenced on 1 January 1990.
“(2) If the President consents to a member performing his or her duties on a part-time basis, the President and the member are to enter into an agreement specifying the proportion of full-time duties to be worked by the member from and including a specified date.
“(2A) The proportion may be varied by an agreement entered into between the President and the member.
“(2B) The proportion in force in relation to a particular period is in this section called the
“(2C) If the President consents to a member performing his or her duties on a part-time basis, the member is to be paid:
(a) salary at an annual rate equal to the agreed proportion of the annual rate of salary that would be payable to the member if the member were performing his or her duties on a full-time basis instead of on a part-time basis; and
(b) such allowances as are prescribed.
“(2D) If the annual rate of salary of a member mentioned in subsection (2C) is not an amount of whole dollars, it is to be rounded to the nearest dollar (with 50 cents being rounded up).
“(2E) If, assuming that a member or former member mentioned in subsection (2C) had performed his or her duties on a full-time basis instead of on a part-time basis, the member or former member would be entitled to a payment under subsection 21(2E), (2F) or (2G) or 23(3), the member or former member is to be paid an amount equal to the agreed proportion of that payment.
“(2F) If there are different agreed proportions applicable to different periods, paragraph (2C)(a) and subsection (2E) apply separately to each of those periods.”.
5. Section 21 of the Principal Act is amended:
(a) by omitting subsections (1), (2) and (2A) and substituting the following subsections:“(1) The President is to be paid:
(a) salary at an annual rate equal to the annual rate of salary payable to the Chief Justice of the Court; and
(b) such allowances as are prescribed.
“(2) The Vice President is to be paid:
(a) salary at an annual rate equal to 103% of the annual rate of salary payable to a Judge of the Court; and
(b) such allowances as are prescribed.
“(2A) A Senior Deputy President is to be paid:
(a) salary at an annual rate equal to the annual rate of salary payable to a Judge of the Court; and
(b) such allowances as are prescribed.
“(2B) A Deputy President is to be paid:
(a) salary at an annual rate equal to 95% of the annual rate of salary payable to a Judge of the Court; and
(b) such allowances as are prescribed.
“(2C) If the annual rate of salary of a Presidential Member is not an amount of whole dollars, it is to be rounded to the nearest dollar (with 50 cents being rounded up).
“(2D) If, assuming that the President or a former President had held the office of Chief Justice of the Court instead of the office of President, the President or former President would be entitled to a payment under subsection 7(5E) of the
Remuneration Tribunal Act 1973 , the President or former President is to be paid an amount equal to that payment.“(2E) If, assuming that the Vice President or a former Vice President had held an office of Judge of the Court instead of the office of Vice President, the Vice President or former Vice President would be entitled to a payment under subsection 7(5E) of the
Remuneration Tribunal Act 1973 , the Vice President or former Vice President is to be paid an amount equal to 103% of that payment.“(2F) If, assuming that a Senior Deputy President or former
Senior Deputy President had held an office of Judge of the Court instead of the office of Senior Deputy President, the Senior Deputy President or former Senior Deputy President would be entitled to a payment under subsection 7(5E) of the
Remuneration Tribunal Act 1973, the Senior Deputy President or former Senior Deputy President is to be paid an amount equal to that payment.“(2G) If, assuming that a Deputy President or former Deputy President had held an office of Judge of the Court instead of the office of Deputy President, the Deputy President or former Deputy President would be entitled to a payment under subsection 7(5E) of the
Remuneration Tribunal Act 1973, the Deputy President or former Deputy President is to be paid an amount equal to 95% of that payment.”;
(b) by adding at the end the following subsection:“(7) In this section:
‘Judge’ does not include the Chief Justice of the Court.”.
“23.(1) A Commissioner is to be paid:
(a) salary at an annual rate equal to 70% of the annual rate of salary payable to a Deputy President; and
(b) such allowances as are prescribed.
“(2) If the annual rate of salary of a Commissioner is not an amount of whole dollars, it is to be rounded to the nearest dollar (with 50 cents being rounded up).
“(3) If, assuming that a Commissioner or former Commissioner had held an office of Deputy President instead of the office of Commissioner, the Commissioner or former Commissioner would be entitled to a payment under subsection 21(2G), the Commissioner or former Commissioner is to be paid an amount equal to 70% of that payment.
“(4) This section has effect subject to section 12.”.
(a) the salary that would have been payable to the Presidential Member or former Presidential Member in that capacity in respect of the interim period if the retrospectivity assumption set out in subsection (3) was made; and
(b) amounts that would have been payable to the Presidential Member or former Presidential Member in that capacity under subsection 7(5E) of the
Remuneration Tribunal Act 1973 (whether before or after the commencement of this section) if:(i) the period of deferral mentioned in that subsection did not include any day outside the interim period; and
(ii) the retrospectivity assumption set out in subsection (3) was made; and
(iii) section 21 of this Act had not been enacted.
(a) the full-time annual salary of the President were equal to the annual rate of salary that was payable from time to time to the Chief Justice of the Court; and
(b) the full-time annual salary of a Deputy President were equal to 95% of the annual rate of salary that was payable from time to time to a Judge of the Court (other than the Chief Justice of the Court).
(a) the salary payable to the Presidential Member or former Presidential Member in that capacity in respect of the interim period; and
(b) amounts that would have been payable to the Presidential Member or former Presidential Member in that capacity under subsection 7(5E) of the
Remuneration Tribunal Act 1973 if the period of deferral mentioned in that subsection did not include any day outside the interim period.
(5) In this section:
(a) commencing on 1 January 1991; and
(b) ending immediately before the commencement of this section.
(a) commencing on the date of commencement of this section; and
(b) ending immediately before the first relevant regulations made for the purposes of paragraph 12(2C)(b) or 21(1)(b), (2)(b), (2A)(b) or (2B)(b) or 23(1)(b) of the Principal Act as amended by this Act take effect.
(a) only if the determination of the Remuneration Tribunal to which the payment is attributable took effect after the commencement of this section; and
(b) only to the extent to which the period of deferral mentioned in subsection 7(5E) of the
Remuneration Tribunal Act 1973 does not include any day before the date of commencement of this section.
11. If:(a) before the commencement of this section, the President
consented to a member of the Commission performing his or her duties on a part-time basis; and
(b) immediately before the commencement of this section, there was in force an agreement entered into between the President and the member specifying the proportion of full-time duties to be worked by the member;
the agreement continues in force as if it had been entered into under subsection 12(2) of the Principal Act as amended by this Act.
“7.
Annual Leave Loading An annual leave loading is payable to:
(a) the holder of an office specified in Part 4 of clause 2; and
(b) the holder of an office of Commissioner, Australian Industrial Relations Commission;
on the same terms and conditions applying to officers of the Australian Public Service.”.
“(j) an office of member of the Australian Industrial Relations Commission;”.
set out in the following table with effect from the date of commencement of this section:
| Rate per annum of salary $ |
Vice-Chancellor Deputy Vice-Chancellor |
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Vice-Chancellor Deputy Vice-Chancellor |
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1. No. 86, 1988, as amended. For previous amendments, see No. 109, 1988; No. 153, 1989; Nos. 37, 71 and 108, 1990; and Nos. 19, 62 and 122, 1991.
No. 122, 1991.
3. No. 71, 1990, as amended. For previous amendments, see Nos. 72 and 108, 1990.
4. No. 215, 1973, as amended. For previous amendments, see No. 80, 1974; No. 96, 1975; Nos. 60 and 178, 1978; Nos. 26, 108, 136 and 155, 1979; No. 160, 1980; Nos. 61, 74 and 176, 1981; Nos. 78 and 111, 1982; Nos. 39 and 128, 1983; Nos. 63, 73 and 164, 1984; Nos. 65 and 187, 1985; Nos. 87, 109 and 123, 1988; Nos. 95, 149, 152 and 179, 1989; No. 28, 1990; and No. 122, 1991.
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House of Representatives on 2 April 1992
Senate on 7 May 1992
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