Salaries and Allowances Amendment Regulations 2018 (WA)

2538 GOVERNMENT GAZETTE, WA 6 July 2018

PUBLIC SERVICE SECTOR

PS301

Salaries and Allowances Act 1975

Salaries and Allowances Amendment

Regulations 2018

Made by the Governor in Executive Council.

1.       Citation

These regulations are the Salaries and Allowances Amendment Regulations 2018.
2.	Commencement These regulations come into operation as follows —

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.      Regulations amended

These regulations amend the Salaries and Allowances Regulations 1975.
4.	Regulation 2 replaced Delete regulation 2 and insert:

2. Terms used
In these regulations —
commencement day means the day on which the
Salaries and Allowances Amendment Regulations 2018
regulation 3 comes into operation;
section means section of the Act;
taxation ruling means a public ruling, made by the
Commissioner of Taxation of the Commonwealth
under the Taxation Administration Act 1953
(Commonwealth), determining reasonable amounts for
daily travel allowance expenses for a financial year.

In regulation 3 delete "section 6 of the Act.- and insert:

section 6. 

5.      Regulation 3 amended

6 July 2018 GOVERNMENT GAZETTE, WA 2539

6.            Regulations 4, 5 and 6 inserted

After regulation 3 insert:

4.            Remuneration prescribed for s. 1OC(5)

For the purposes of section 10C(5), motor vehicle benefits are prescribed, to the extent that a determination made by the Tribunal under section 5A on or after commencement day provides for the notional value of a motor vehicle benefit to be determined by reference to a formula that includes -

(a)	an amount of a tax imposed under a law of the Commonwealth, the rate of which may vary from time to time under that law; or
(b)	any other amount that may vary from time to time by reason of factors other than a determination by the Tribunal.

5.            Remuneration prescribed for s. 10D(9)

(1)	In this regulation - post-commencement determination means a determination made by the Tribunal under section 6 on or after commencement day; pre-commencement determination means a determination made by the Tribunal under section 6 and in force immediately before commencement day.
(2)	For the purposes of section 101)(9), the following kinds of remuneration are prescribed -

(a) total daily amounts for accommodation
allowances that -

(i)     under a pre-commencement

determination, were determined by

reference to the taxation ruling
applicable at the date of the relevant
travel; and

(ii)     under a post-commencement determination, continue to be determined in that manner;

(b) conditions of service affecting remuneration that -

(i) under a pre-commencement
determination, were determined by
reference to the Public Service
Award 1992 and the Public Service and
Government Officers General
Agreement 2014; and

2540 GOVERNMENT GAZETTE, WA 6 July 2018

(ii) under a post-commencement

reference to the Public Service
Award 1992 and the Public Service and
Government Officers CSA General
Agreement 2017 or any instruments
made under the Industrial Relations determination, are determined by instruments;

(c) motor vehicle benefits, to the extent that a
post-commencement determination provides for
the notional value of a motor vehicle benefit to
be determined by reference to a formula that
includes -

(i)     an amount of a tax imposed under a law of the Commonwealth, the rate of which may vary from time to time under that

law; or

(ii)     any other amount that may vary from time to time by reason of factors other than a determination by the Tribunal;

(d) district allowances that -

(i) under a pre-commencement
determination, were determined by
reference to the Public Service
Award 1992 and the District Allowance
(Government Officers) General
Agreement 2010; and

(ii)     under a post-commencement determination, continue to be determined by reference to those

instruments or any instruments made
under the Industrial Relations Act 1979

in substitution for those instruments;

(e) travel allowances that -

(i)     are described as Annual Leave Travel Concessions; and

(ii) under a pre-commencement
determination, were determined by
reference to the Public Service
Award 1992 clause 23(10); and

(iii)     under a post-commencement determination, continue to be determined by reference to that award or

any instrument made under the
Industrial Relations Act 1979 in
substitution for that award;

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(f) rental subsidies that -

(i) under a pre-commencement
determination, were determined by
reference to the State government's
Government Regional Officers'
Housing Tenant Rent Setting
Framework Policy; and

(ii)     under a post-commencement determination, continue to be determined by reference to that policy

or any policy issued by the State
government in substitution for that
policy;

(g) home ownership subsidies that -

(i) under a pre-commencement
determination, were determined by
reference to the State government's
Home Ownership Subsidy Scheme for
Government Employees in Regional
Western Australia; and

(ii)     under a post-commencement determination, continue to be determined by reference to that scheme

or any scheme implemented by the State
government in substitution for that
scheme;

(h)	employer superannuation contributions, to the extent that a post-commencement determination in respect of an office referred to in section 6(1)(c), (d) or (e) provides for those contributions to be payable in accordance with the State Superannuation Act 2000, another written law or the Superannuation Guarantee
(Administration) Act 1992 (Commonwealth).

6.            Remuneration prescribed for s. 10E(3)

(1)	In this regulation - report means a report made by the Tribunal under section 7.
(2)	For the purposes of section 1OE(3), the following kinds of remuneration are prescribed -

(a) a total daily amount for a travelling and
accommodation allowance that -

(i) before commencement day, was
recommended to be payable in

under a report in force immediately applicable from time to time; and

2542 GOVERNMENT GAZETTE, WA G July 2018

(ii) under a report made on or after

commencement day, continues to be
recommended to be payable in that

manner;

(b) motor vehicle benefits, to the extent that a
report made on or after commencement day
provides for the notional value of a motor
vehicle benefit to be determined by reference to
a formula that includes —

(i)an amount of a tax imposed under a law

of the Commonwealth, the rate of which
may vary from time to time under that
law; or

(ii) any other amount that may vary from

time to time by reason of factors other than a determination by the Tribunal.

N. HAGLEY, Clerk of the Executive Council.