Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Regulations 2019 (Vic)

Version No. 002

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Regulations 2019

S.R. No. 26/2019

Version incorporating amendments as at

16 September 2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

4AAdditional work-related parliamentary allowances

5Remuneration

6Criteria to vary a work-related parliamentary allowance

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 002

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Regulations 2019

S.R. No. 26/2019

Version incorporating amendments as at

16 September 2019

1Objective

The objective of these Regulations is to prescribe for the purposes of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019—

(a)the remuneration payable to Tribunal members and Compliance Officers; and

(b)the commercial transport allowance and international travel allowance as additional work-related parliamentary allowances; and

(c)other criteria according to which the value of a work-related parliamentary allowance may vary in a Determination.

2Authorising provision

These Regulations are made under section 44 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.

3Commencement

These Regulations come into operation on 3 April 2019.

4Definitions

In these Regulations—

the Act means the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;

Tribunal member has the same meaning as it has in section 3 of the Act and includes an acting Tribunal member appointed under section 11 of the Act.

4AAdditional work-related parliamentary allowances

For the purposes of the definition of work‑related parliamentary allowances in section 3 of the Act, the other prescribed allowances are—

(a)a commercial transport allowance; and

(b)an international travel allowance.

5Remuneration

(1)For the purposes of sections 9(2)(c) and 11(6)(b) of the Act, the prescribed remuneration is—

(a)  for the Chair or Acting Chair of the Tribunal, the daily sessional rate payable to a non-judicial ordinary member (Presiding) of the Victorian Civil and Administrative Tribunal; and

(b)for a Tribunal member, the daily sessional rate payable to a non-judicial ordinary member (Non‑Presiding) of the Victorian Civil and Administrative Tribunal.

(2)For the purpose of section 31(2)(c) of the Act, the prescribed remuneration for a primary Compliance Officer and a secondary Compliance Officer is the daily sessional rate for the time being payable to a reserve Judge of the Supreme Court (who is engaged to perform duties of a Judge of the Trial Division and was not previously a Judge of Appeal or the Chief Justice).

6Criteria to vary a work-related parliamentary allowance

For the purposes of section 17(2)(c)(iv) of the Act, the other prescribed criteria is the specified parliamentary office held by the Member (if any).

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\

The Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Regulations 2019, S.R. No. 26/2019 were made on 2 April 2019 by the Governor in Council under section 44 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019 and came into operation on 3 April 2019: regulation 3.

The Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Regulations 2019 will sunset 10 years after the day of making on 2 April 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Regulations 2019 by statutory rules, subordinate instruments and Acts.

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Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Amendment Regulations 2019, S.R. No. 83/2019

Date of Making:	16.9.19
Date of Commencement:	16.9.19: reg. 3

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3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.