Remuneration Tribunals Amendment Act (No. 2) 1978 (Cth)

REMUNERATION TRIBUNALS AMENDMENT ACT (No. 2) 1978

No. 178 of 1978

An Act to amend the Remuneration Tribunals Act 1973.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Remuneration Tribunals Amendment Act (No. 2) 1978.

(2) The Remuneration Tribunals Act 1973 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Establishment of Remuneration Tribunal

3. Section 4 of the Principal Act is amended by omitting from sub-section (6) all the words after “State” (second occurring).

Establishment of Academic Salaries Tribunal

4. Section 12b of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:

“(2) Subject to sub-section (8), the Tribunal shall be constituted by a person appointed by the Governor-General on a part-time basis.

“(3) Subject to this section, the person constituting the Tribunal holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

“(4) A person shall not be appointed under sub-section (2) if he is, or has been during the immediately preceding period of 7 years, a member of the full-time staff of an institution of tertiary education.

“(5) The person constituting the Tribunal may resign his office by writing signed by him and delivered to the Governor-General.

“(6) The Governor-General may remove the person constituting the Tribunal from office for misbehaviour or physical or mental incapacity.

“(7) The person constituting the Tribunal ceases to hold office if he becomes a person who is ineligible for appointment by virtue of sub-section (4).

“(8) If the person constituting the Tribunal is unavailable to hold a particular inquiry, the Tribunal shall be constituted for the purposes of that inquiry, and of any determination or report resulting from that inquiry, by a person appointed by the Minister.”.

Minor amendments

5. The Principal Act is amended as set out in the Schedule.

Savings

6. A determination made by the Academic Salaries Tribunal, being that Tribunal as constituted by section 12b of the Principal Act before the date of commencement of this Act, being a determination that was in operation immediately before that date, has effect on and after that date as if it had been made by the Academic Salaries Tribunal as constituted under section 12b of the Principal Act as amended by this Act.

 

SCHEDULE Section 5

MINOR AMENDMENTS

Provision	Amendment
Sub-section 3(1) (definition of “public statutory corporation”), paragraphs 3(4)(a), (c) and (e), sub-sections 6(1) and 7(1), (2), (9) and (11), paragraph 12c(a), sub-paragraph 12d(2)(c)(i) and sub-section 12d(7)	Omit “Australia” (wherever occurring), substitute “the Commonwealth”.
Paragraph 3(4)(n)................................................	Omit the paragraph.