Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976 (Cth)

Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976

Statutory Rules 1976 No. 104 as amended

made under the

Remuneration Tribunal Act 1973

This compilation was prepared on 12 December 2012

taking into account amendments up to SLI 2012 No. 285

Prepared by the Office of Parliamentary Counsel, Canberra

Contents

    1Name of Regulations [see Note 1]

 These Regulations are the Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976.

3Interpretation

• (1)

  In these Regulations, the Act means the Remuneration Tribunals Act 1973.

• (2)

  Words and expressions used in these Regulations and in Part II of the Act have in these Regulations, unless the contrary intention appears, the same respective meanings as they have in that Part.

4Offices declared for the purposes of paragraph 3 (4) (ra) of the Act to be principal executive offices

 For the purposes of paragraph 3 (4) (ra) of the Act, each of the offices specified in Schedule 1 is declared to be a principal executive office.

4APrincipal executive offices and corresponding employing bodies (Act s 3)

• (1)

  An office specified in an item of Schedule 1A as a principal executive office is declared, for paragraph 3 (4) (ra) of the Act, to be a principal executive office.

• (2)

  The person or body specified in an item of that Schedule as an employing body is declared, for the definition of employing body in subsection 3 (1) of the Act, to be the employing body for the principal executive office mentioned in that item.

5Prescribed offices and appointments for the purposes of paragraph 3 (4) (v) of the Act

 Each of the following offices and appointments is prescribed for the purposes of paragraph 3 (4) (v) of the Act:

• (b)

  the office of member of the Australian Statistics Advisory Council established under the Australian Bureau of Statistics Act 1975, being the office of a member referred to in paragraph 19 (1) (c) of that Act;

• (c)

  the appointment of a person under regulation 3 of the Statistics Regulations to assist in the carrying out of the functions conferred by the Census and Statistics Act 1905 on the Australian Statistician for the purposes of the taking of the Census;

• (g)

  the office of Deputy Managing Director of the Export Finance and Insurance Corporation, being the office referred to in subsection 71 (3) of the Export Finance and Insurance Corporation Act 1991;

• (h)

  the appointment, by Letters Patent, of a person as a Commissioner to inquire into and report on matters specified in the Letters Patent;

• (i)

  the appointment, under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, of a person:

  • (i)

    to conduct a Commission of inquiry into matters relating to either or both of the following:

    • (A)

      a significant offshore petroleum incident;

    • (B)

      a significant offshore greenhouse gas incident; and

  • (ii)

    to report to the Minister for Resources and Energy on the matters (including any recommendations relating to the matters).

6Part‑time offices held by full‑time officers

• (1)

  A person who:

  • (a)

    holds any office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of the Commonwealth, the Administration of a Territory, a public statutory corporation, an incorporated company referred to in paragraph 3 (4) (da) of the Act or an incorporated company all the stock or shares in the

    capital of which is or are beneficially owned by the Commonwealth or by a public statutory corporation; and

  • (b)

    holds, or performs the duties of, an office specified in Schedule 2;

  is entitled to be paid, in respect of the last‑mentioned office, the remuneration for the time being determined by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis or, where

  the remuneration for the time being determined by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office is so determined without distinction between a person holding that office on a full‑time basis and a person holding it on a part‑time basis, the remuneration so determined.

• (6)

  The person who, on the day of commencement of this subregulation, holds on a full‑time basis the office of Senior Adviser, position number 1386, in the Consultation and Information Branch of the Office of the Status of Women

  in the Department of the Prime Minister and Cabinet and

  holds on a part‑time basis the office of member of the Merit Protection and Review Agency is, while holding the second‑mentioned office, entitled to be paid in respect of that office

  the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that second‑mentioned office on a part‑time basis.

• (7)

  Subregulation (6) shall be deemed to have come into operation on 1 July 1985.

• (10)

  The person who, on the day of commencement of this subregulation, holds on a full‑time basis the office of Chairman of the National Companies and Securities Commission and holds on a part‑time basis the office of Deputy Chairperson of the Civil Aviation Authority is, while holding the second‑mentioned office, entitled to be paid in respect of that office

  the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis.

• (11)

  Subregulation (10) shall be taken to have commenced on

  17 June 1988.

• (13)

  The person who, on the commencement of this subregulation, holds:

  • (a)

    the office of Special Adviser to the Minister for Land Transport on a full‑time basis; and

  • (b)

    the office of member of the Civil Aviation Authority on a part‑time basis;

  is, while holding the second‑mentioned office, entitled to be paid in respect of that office the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis.

• (14)

  The person who, on the commencement of this subregulation:

  • (a)

    is employed by the Trade Union Training Authority in the full‑time position of National Industrial Training Officer; and

  • (b)

    holds the office of member of the Superannuation Fund Investment Trust on a part‑time basis;

  is, while holding the second‑mentioned office, entitled to

  be paid in respect of that office the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis.

• (15)

  Subregulation (14) is taken to have commenced on 1 July 1990.

• (16)

  A person who:

  • (a)

    holds any office or appointment or is otherwise employed, on a full‑time basis in the service or employment of the Commonwealth, the Administration of a Territory, a public statutory corporation, an incorporated company referred to in paragraph 3 (4) (da) of the Act or

    an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth or a public statutory corporation; and

  • (b)

    holds and performs, on a part‑time basis, the duties of an office specified in Schedule 3;

  is entitled to be paid in respect of the last mentioned office, the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to

  a person holding that office on a part‑time basis.

• (17)

  Subregulation (16) is taken to have commenced on 1 January 1991.

• (18)

  The person who, on the commencement of this subregulation:

  • (a)

    is an unattached officer of the Australian Public Service; and

  • (b)

    holds office as a member of the Council of the National Museum of Australia on a part‑time basis;

  is, while holding the office mentioned in paragraph (b), entitled to be paid in respect of that office the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis.

• (19)

  Subregulation (18) is taken to have commenced on 23 August 1991.

• (20)

  The person who, on the commencement of this regulation holds:

  • (a)

    an office in the Australian International Development Assistance Bureau on a full‑time basis; and

  • (b)

    an office as a member of the Commonwealth‑State Council on Non‑English Speaking Background Women’s Issues on a part‑time basis;

  is entitled to be paid, in respect of the office mentioned

  in paragraph (b), for the period commencing on the commencement of this regulation and ending on 30 June 1994, the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis.

• (21)

  Subregulation (20) is taken to have commenced on

  25 November 1993.

• (22)

  A person who, on the commencement of this subregulation holds:

  • (a)

    an office in the Strategic Development Division of the Department of Social Security on a full‑time basis; and

  • (b)

    an office as a member of the Commonwealth Advisory Committee on Homelessness on a part‑time basis;

  is, while holding the office mentioned in paragraph (b), entitled to be paid in respect of that office the remuneration determined under the Act to be the remuneration to be paid to a person holding that office on a part‑time basis.

• (23)

  Subregulation (22) is taken to have commenced on 25 October 1995.

7Remuneration of certain persons holding more than one office

• (1)

  For the purposes of subsection 7 (12) of the Act, a person who:

  • (a)

    holds office as a Judge of the Family Court of Australia within the meaning of Part IV of the Family Law Act 1975; and

  • (b)

    also holds office as a Judge of the Family Court of the State of Western Australia;

  is entitled to be paid remuneration determined under the Act in respect of the office of Judge of the Family Court of Australia.

• (2)

  For the purposes of subsection 7 (12) of the Act, a person who holds:

  • (a)

    the office of Chairperson of the Australian Electoral Commission; and

  • (b)

    judicial office in the service of a country other than Australia;

  is entitled to be paid remuneration determined under the Act in respect of the office mentioned in paragraph (a) if the person receives no salary for service in an office mentioned in paragraph (b).

Schedule 1Principal executive offices

(regulation 4)

  

Column 1 Item	Column 2 Body or agency		Column 3 Principal executive office
1A	Australia Post		Managing Director
1	Australian Industry Development Corporation		Managing Director
2	ANL Limited		Chief Executive Officer
3	Australian National Railways Commission		Managing Director
3A	Australian Rail Track Corporation		Chief Executive Officer
4	Civil Aviation Safety Authority		Director of Aviation Safety
5	Commonwealth Funds Management Limited		Chief Executive Officer
7	Export Finance and Insurance Corporation		Managing Director
8	Federal Airports Corporation		Chief Executive Officer
9	Health Services Australia Limited		Chief Executive Officer
10	Housing Loans Insurance Commission		Managing Director
11	Medibank Private Limited		Managing Director
12	Public Employment Placement Enterprise Limited	Managing Director
13	Reserve Bank		Governor
14	Reserve Bank		Deputy Governor
15	Sydney Airports Corporation Ltd		Chief Executive Officer

Schedule 1APrincipal executive offices and corresponding employing bodies

(regulation 4A)

Item	Principal executive office	Employing body
1	Director, Australian Centre for International Agricultural Research	Board of Australian Centre for International Agricultural Research
2	Director, Australian Institute of Family Studies	Minister for Family and Community Services
3	Deputy Managing Director, Austrade	Board of Austrade
4	Director of Equal Employment Opportunity for Women in the Workforce	Minister for Employment, Workplace Relations and Small Business
5	Chief Executive Officer, Comcare	Minister for Employment, Workplace Relations and Small Business
6	Chief Executive Officer, National Occupational Health and Safety Commission	Minister for Employment, Workplace Relations and Small Business
7	Director, National Industrial Chemicals Notification and Assessment Scheme	Minister for Employment, Workplace Relations and Small Business
8	Australian Industrial Registrar	Minister for Employment, Workplace Relations and Small Business
9	Employment Advocate	Minister for Employment, Workplace Relations and Small Business
10	Deputy Electoral Commissioner	Australian Electoral Commission
11	Australian Electoral Officer for New South Wales	Australian Electoral Commission
12	Australian Electoral Officer for Victoria	Australian Electoral Commission
13	Australian Electoral Officer for Queensland	Australian Electoral Commission
14	Australian Electoral Officer for South Australia	Australian Electoral Commission
15	Australian Electoral Officer for Western Australia	Australian Electoral Commission
16	Australian Electoral Officer for Tasmania	Australian Electoral Commission
17	Australian Electoral Officer for the Northern Territory	Australian Electoral Commission
18	Commissioner for Superannuation	Minister for Finance and Administration
19	Deputy Chair, Productivity Commission	Chair, Productivity Commission
20	Full‑time Commissioner, Productivity Commission	Chair, Productivity Commission
21	Part‑time Commissioner, Productivity Commission	Chair, Productivity Commission
22	Full‑time Associate Commissioner, Productivity Commission	Chair, Productivity Commission
23	Second Commissioner of Taxation	Commissioner of Taxation
24	Director of the Australian War Memorial	Minister for Veterans’ Affairs
25	Director, Office of Australian War Graves	Minister for Veterans’ Affairs
26	Executive Officer, National Environment Protection Council Service Corporation	Minister for the Environment and Heritage on behalf of the National Environment Protection Council
27	Chair, Great Barrier Reef Marine Park Authority	Minister for the Environment and Heritage
28	Director, National Parks	Minister for the Environment and Heritage
29	Chief Executive Officer, National Registration Authority	National Registration Authority

Schedule 2Part‑time offices

(subregulation 6 (1))

  

1.	Port Conciliator under section 168 of the Industrial Relations Act 1988.
2.	Staff‑elected Director of the Australian Broadcasting Corporation referred to in paragraph 12 (1) (ba) of the Australian Broadcasting Corporation Act 1983.
3.	Trustees of the Commonwealth Superannuation Board of Trustees No. 1 referred to in paragraph (b) of subclause 4 (1) of the Trust Deed set out in the Schedule to the Superannuation Act 1990.
4.	Member of the Commonwealth Superannuation Board referred to in subsection 27F (3) of the Superannuation Act 1976.
5.	Trustee of the Military Superannuation and Benefits Board of Trustees No. 1 referred to in paragraph 4 (1) (b) of the Trust Deed set out in the Schedule to the Military Superannuation and Benefits Act 1991 who is a member of the Defence Force but is not an officer.

Schedule 3Part‑time offices under the Aboriginal and Torres Strait Islander Commission Act 1989

(subregulation 6 (16))

  

1.	Member of the Aboriginal and Torres Strait Islander Commission.
2.	Member of the Torres Strait Islander Advisory Board.
3.	Member of an Advisory Committee established under section 13 of the Aboriginal and Torres Strait Islander Commission Act 1989.
4.	Member of a Regional Council established under section 92 of the Aboriginal and Torres Strait Islander Commission Act1989.

Notes to the Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976

Note 1

The Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976 (in force under the Remuneration Tribunal Act 1973) as shown in this compilation comprise Statutory Rules 1976 No. 104 amended as indicated in the Tables below.

Table of Instruments

Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1976 No. 104	6 June 1976	R. 6: 1 Mar 1975 Remainder: 6 June 1976
1976 No. 285	20 Dec 1976	20 Dec 1976	—
1977 No. 1	14 Jan 1977	14 Jan 1977	—
1977 No. 229	28 Nov 1977	28 Nov 1977	—
1978 No. 57	2 May 1978	2 May 1978	—
1979 No. 60	11 Apr 1979	11 Apr 1979	—
1980 No. 139	12 June 1980	12 June 1980	—
1980 No. 270	17 Sept 1980	R. 1: 1 Oct 1980 Remainder: 17 Sept 1980	—
1981 No. 39	20 Mar 1981	R. 3: 12 June 1979 Remainder: 20 Mar 1981	—
1981 No. 124	12 June 1981	12 June 1981	—
1981 No. 140	16 June 1981	16 June 1981	—
1981 No. 214	7 Aug 1981	7 Aug 1981	—
1982 No. 101	7 May 1982	7 May 1982	—
1982 No. 187	11 Aug 1982	R. 1 (1): 2 Feb 1982 Remainder: 11 Aug 1982	—
1982 No. 207	3 Sept 1982	3 Sept 1982	—
1984 No. 204	27 Aug 1984	27 Aug 1984	R. 3 (2)
1984 No. 475	11 Jan 1985	11 Jan 1985	R. 2
1985 No. 188	6 Aug 1985	6 Aug 1985	—
1985 No. 239	27 Sept 1985	27 Sept 1985	—
1986 No. 138	13 June 1986	13 June 1986	—
1986 No. 158	30 June 1986	30 June 1986	—
1988 No. 319	2 Dec 1988	2 Dec 1988	—
1988 No. 320	2 Dec 1988	2 Dec 1988	—
1988 No. 355	21 Dec 1988	21 Dec 1988	—
1988 No. 387	21 Dec 1988	R. 6 (2): 14 Dec 1988 (see r. 1 (1)) R. 6 (3): 1 Jan 1989 (see r. 1 (2) and Gazette 1988, No. S402) R. 6 (4): 1 July 1989 (see r. 1 (3) and Gazette 1989, No. S210) Remainder: 21 Dec 1988	—
as amended by
1989 No. 91	15 May 1989	(see 1989 No. 91 below)	—
1989 No. 91	15 May 1989	R. 4 (2): 1 July 1989 (see r. 1 and Gazette 1989, No. S210) Remainder: 15 May 1989	—
1989 No. 146	30 June 1989	30 June 1989	—
1989 No. 224	23 Aug 1989	R. 4: 15 May 1989 Remainder: 23 Aug 1989	—
1989 No. 335	30 Nov 1989	R. 2: 5 Dec 1989 (see  r. 1) Remainder: 30 Nov 1989	—
1989 No. 342	7 Dec 1989	7 Dec 1989	—
1990 No. 230	12 July 1990	R. 2(a): 20 June 1990 (see r. 1 (1) and Gazette 1990, No. S154) R. 2 (b): 1 July 1990 (see r. 1 (2) and Gazette 1990, No. S154) Remainder: 12 July 1990	—
1990 No. 439	21 Dec 1990	1 Jan 1991	—
1990 No. 471	9 Jan 1991	9 Jan 1991	—
1991 No. 44	28 Mar 1991	R. 4: 1 July 1990 Remainder: 28 Mar 1991	—
1991 No. 164	28 June 1991	28 June 1991	—
1991 No. 324	29 Oct 1991	1 Oct 1991	—
1992 No. 28	7 Feb 1992	7 Feb 1992	—
1992 No. 98	14 Apr 1992	14 Apr 1992	—
1993 No. 62	4 May 1993	10 Mar 1993 (see r. 1.1 and Gazette 1993, No. GN17)	R. 2
1993 No. 231	25 Aug 1993	3 Apr 1993	—
1993 No. 331	10 Dec 1993	9 Nov 1993 (see r. 1 and Gazette 1993, No. S334)	R. 3
1994 No. 67	22 Mar 1994	22 Mar 1994	—
1994 No. 118	3 May 1994	3 May 1994	—
1994 No. 134	17 May 1994	17 May 1994	—
1994 No. 184	16 June 1994	3 June 1994	Rr. 1.2 and 1.3
1994 No. 360	26 Oct 1994	26 Oct 1994	—
1994 No. 466	30 Dec 1994	3 Jan 1995	—
1996 No. 36	4 Apr 1996	4 Apr 1996	—
1997 No. 291	8 Oct 1997	1 July 1997	—
1997 No. 418	24 Dec 1997	24 Dec 1997	—
1998 No. 10	11 Feb 1998	11 Feb 1998	—
1998 No. 307	19 Nov 1998	19 Nov 1998	—
2000 No. 334	13 Dec 2000	13 Dec 2000	—
2001 No. 59	5 Apr 2001	5 Apr 2001	—
2005 No. 290	5 Dec 2005 (see F2005L03864)	6 Dec 2005	—
2007 No. 31	6 Mar 2007 (see F2007L00554)	7 June 2007 (see r. 2)	—
2007 No. 277	19 Sept 2007 (see F2007L03751)	20 Sept 2007	—
2009 No. 339	26 Nov 2009 (see F2009L04347)	27 Nov 2007	—
2011 No. 120	30 June 2011 (see F2011L01364)	1 July 2011	—
2012 No. 285	11 Dec 2012 (see F2012L02400)	12 Dec 2012	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	am. 1989 No. 91
rs. 2000 No. 334
R. 2.........................................	rep. 1984 No. 204
R. 3.........................................	rs. 1977 No. 229
am. 1980 No. 139
R. 4.........................................	rs. 1977 No. 229
am. 1981 No. 39
rep. 1984 No. 204
ad. 1988 No. 387
R. 4A.......................................	ad. 2000 No. 334
R. 5.........................................	rs. 1977 No. 1; 1980 No. 270
am. 1981 No. 39; 1985 No. 188; 1988 No. 319; 1989 No. 146; 1990 No. 439; 1992 No. 28; 1994 Nos. 67, 134, 360 and 466; 2005 No. 290; 2007 Nos. 31 and 277; 2009 No. 339
R. 6.........................................	rs. 1984 No. 204
am. 1985 Nos. 188 and 239; 1986 Nos. 138 and 158; 1988 Nos. 320, 355 and 387; 1989 No. 224; 1990 No. 471; 1991 No. 44; 1992 No. 98; 1994 No. 118; 1996 No. 36
R. 7.........................................	ad. 1976 No. 285
rs. 1980 No. 139
am. 1982 No. 207
rep. 1984 No. 204
ad. 1989 No. 335
am. 1993 No. 231
R. 8.........................................	ad. 1976 No. 285
rep. 1984 No. 204
R. 9.........................................	ad. 1978 No. 57

am. 1981 No. 39
rep. 1984 No. 204
R. 10.......................................	ad. 1979 No. 60
rs. 1982 No. 101
rep. 1984 No. 204
R. 11.......................................	ad. 1981 No. 124
rep. 1984 No. 204
R. 12.......................................	ad. 1981 No. 140
rep. 1984 No. 204
R. 13.......................................	ad. 1981 No. 214
am. 1982 No. 187
rep. 1984 No. 204
R. 15.......................................	am. 1988 No. 319
Schedule 1
Schedule 1.............................	ad. 1988 No. 387
am. 1988 No. 387; 1989 No. 91
rs. 1989 No. 342
am. 1990 No. 230; 1991 No. 164; 1992 No. 28; 1993 Nos. 62 and 331; 1994 Nos. 118 and 184
rs. 1997 No. 291
am. 1997 No. 418; 1998 Nos. 10 and 307; 2011 No. 120
Schedule 1A
Schedule 1A..........................	ad. 2000 No. 334
am. 2001 No. 59
Heading to Schedule............	rep. 1988 No. 387
Schedule 2
Heading to Schedule 2........	ad. 1988 No. 387
Schedule................................	ad. 1984 No. 204
am. 1984 No. 475; 1986 No. 138
Schedule 2.............................	am. 1989 No. 224
rs. 1991 No. 44
am. 1991 No. 324; 2012 No. 285
Schedule 3
Schedule 3.............................	ad. 1991 No. 44