Statutory and Other Offices Remuneration (Amendment) Act 1984 (NSW)

STATUTORY AND OTHER OFFICES REMUNERATION

(AMENDMENT) ACT, 1984, No. 62

ANNO TRICESIMO TERTIO

ELIZABETHS H BEGINS

Act No. 62, 1984.

An Act to amend the Statutory and Other Offices Remuneration Act, 1975, so as to provide for the remuneration of office holders under that Act to be determined in line with decisions of the Industrial Commission of New South Wales in State Wage Cases, and for other purposes. [Assented to, 19th June, 1984.]

2  Act No. 62, 1984.

Statutory and Other Offices Remuneration {Amendment).

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wale.s in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.          This Act may be cited as the “Statutory and Other Offices

Remuneration (Amendment) Act, 1984”.

Principal Act,

2. The Statutory and Other Offices Remuneration Act, 1975. is referred

to in this Act as the Principal Act,

Schedules.

3.      This Act contains the following Schedules:—

SCHEDULE 1.—-Amendments to the Principal Act,

SCHEDULE 2.— Amendments to the Principal Act by Way of

Statute Law Revision.

Amendment of Act No. 4, 1976.

4, The Principal Act is amended in the manner set forth in Schedules

1 and 2,

Saving.

S. The amendment made by this Act to section 6 of the Principal Act

applies to a term of office of the Statutory and Other Offices Remuneration Tribunal commencing on or after, but not before, the date of assent to this Act.

Act No. 62, 1984. 3

Staiutory and Other Offices Remuneration (Amendment).

SCHEDULE I.

(Sec. 4.)

Amendments to the Principal Act.

( 1) Section 4 ( 1 ) , definition of ‘‘detennination”—

Omit “or 15", insert instead 15 or 15a".

(2) Section 6 ( 5 ) ~

Omit “a period of 3 years", insert instead “such period, not exceeding 3 years, as is specified in the instrument of appointment of the Tribunal”.

(3) Section 15a—

After section 15, insert;—

Special determinations: wages decisions (on or after 4th April, 1984).

15a, (1) While this section has effect, sections 13, 15, 16 (2), 18 (2) and 20 (2) do not have effect.

(2) The Tribunal shall, as soon as practicable after the making of a wages decision, make a determination of the remunera­ tion to be paid to office holders as on and from a day to be specified in the determination.

(3) The reference in this section to a wages decision is a reference to a wages decision made on or after 4th April, 1984, but does not include a reference to a decision prescribed by the regulations as a decision to which this section does not apply.

(4) Section 18 (4) —

After “ 15”, insert “or 15a”.

4  Act No. 62, 1984.

Statutory and Other Offices Remuneration (Amendment).

SCHEDULE \— continued.

Amendments to hie Principal Ac i—continued.

(5) Section 19 (2) (a) —

Omit “12 or 13". insert instead “ 13 or L5a".

(6) (a) Section 20 (1) (c) —

Omit “or 15", insert instead 15 or 15a".

(b) Section 20 (2a ) - ( 2 c ) —

After section 20 (2), insert: —

(2a ) Subject to this Act, a determination made under

section 15a shall continue in force until another determination

made under section 13 or 15a comes into force.

(2 b) a determination made under section 13 or 15a has effect subject to any subscc|uent alteration that was made under section 14 or 15 and that is in force.

(2c) A determination made under section 13 shall not come

into force if, after it was made and before it would, but for this subsection, have come into force, a determination made under section 15a comes into force.

(c) Section 20 (4) (a) —

Omit “or".

(d) Section 20 (4) ( a l ) — After section 20 (4) (a), insert:—

(al ) a determination is made under section I5a in

consequence of the making of a wages decision: or

Act No. 62. 1984. 5

Statutory and Other Offices Remuneration (Amendment).

SCHEDULE \ — continued.

A mh nomkn ts to TH1-: P rincipal A ct—continued.

(7) Sections 23a, 23 b—

After section 23. insert: —

Application of quantum and principles determined in State Wage

Cases.

23a. The Tribunal in making a determination under section 14 or 15a, and the Minister in fixing remuneration under section 23,

shall—^

(a) have regard to the most recent determination of the Industrial Commission of New South Wales under section 57 of the Industrial Arbitration Act, 1940, of—

( i) the amount; or

(ii) the method by which an amount may be determined,

by which rates of wages in awards made under that Act shall

be varied; and

(b) adopt, as far as practicable, the principles of wage fixation for the time being adopted as a general ruling or declaration of principle, by that Commission, in connection with awards made under that Act.

Suspension of sections 15a and 23a.

23b . ( 1 ) The Governor may, hy order published in the Gazette, declare that sections 15a and 23a are suspended either until a specified date or until further notice is given by order published in the Gazette.

(2) While a declaration under this section is in force,

sections 15a and 23a do not have effect.

6  Act No. 62, 1984.

Statutory and Other Offices Remuneration (Amendment).

SCHEDULE 2.

(Sec. 4.)

Amendments to the Principal Act by Way oi- Statute Law Revision.

(1) Section 4 ( 1 ) , definition of “determination”—

Omit “12,”.

(2) Section 12—

Omit the section.

(3) Section 13—

Omit “after 1975".

(4) (a) Section 18 (1)—

Omit the subsection.

(b) Section 18 (2) —

Omit “after 1975".

(5) Section 20 (1) (a ) — Omit the paragraph.