EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 135
ABORIGINAL DEVELOPMENT COMMISSION (REMUNERATION AND ALLOWANCES) REGULATIONS (REPEAL)
Issued by the authority of the Minister for Aboriginal Affairs
Paragraph 13(6) of the Aboriginal Development Commission Act 1980 provides that a member of the Aboriginal Development Commission shall hold office on such terms and conditions, if any, in respect of matters not provided for in the Act as are determined by the Governor-General.
Section 49 of the Act provides that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters required or necessary or convenient to be prescribed.
Section 46 of the Act provides for remuneration of members to be determined by the Remuneration Tribunal, but if no determination by the Tribunal is in operation, the member shall be paid such remuneration and allowances as are prescribed.
On 21 October 1981, the Governor-General approved the Aboriginal Development Commission (Remuneration and Allowances) Regulations prescribing remuneration and allowances applicable to the Chairman of the Commission holding office on a full time basis. Such Regulations were necessary because the Remuneration Tribunal had made a determination in relation only to a part-time holder of the office of Chairman.
A new Chairman is to be appointed with effect from 1 July 1984 and it is proposed that this appointment be on a part-time basis. To enable a part time appointment to be made it is necessary to repeal the Aboriginal Development Commission (Remuneration and Allowances) Regulations.
Overview
The Aboriginal Development Commission (Remuneration and Allowances) Regulations (Repeal) Statutory Rules 1984 No. 135 were enacted in response to the need to adjust the terms of remuneration and allowances for the Chairman of the Aboriginal Development Commission. The Aboriginal Development Commission Act 1980 originally established the framework for the remuneration of the Commission’s members, with specific regulations needed to address the remuneration and allowances for the Chairman. The existing regulations, approved in 1981, were based on the Remuneration Tribunal's determination for a full-time Chairman. However, with the appointment of a new Chairman on a part-time basis from 1 July 1984, these regulations became obsolete, necessitating their repeal to align with the new appointment structure. This legislative change was authorised by the Governor-General under the powers granted by the Aboriginal Development Commission Act 1980, ensuring the remuneration and allowances are appropriately prescribed for the part-time role.
Scope and Application
The Aboriginal Development Commission (Remuneration and Allowances) Regulations (Repeal) applies specifically to the members of the Aboriginal Development Commission, particularly focusing on the remuneration and allowances for the Chairman of the Commission. Under the Aboriginal Development Commission Act 1980, the Governor-General has the authority to determine the terms and conditions of office for the Commission's members, including matters of remuneration, where such terms are not explicitly provided for in the Act. This repeal of the existing regulations, which were initially made to cater to a full-time Chairman, is necessitated by the forthcoming appointment of a new Chairman on a part-time basis, effective from 1 July 1984. The geographic reach of this Act is federal, as it pertains to the operations and governance of a Commonwealth entity, the Aboriginal Development Commission. There are no stated exclusions or exemptions within the regulations themselves; however, the scope of application can be further extended or restricted through subordinate instruments made under the authority of the Act.
Key Provisions
The main operative sections of the Aboriginal Development Commission (Remuneration and Allowances) Regulations (Repeal) are contained within the Aboriginal Development Commission Act 1980. Section 13(6) of the Act allows for the Governor-General to determine the terms and conditions of office for members of the Aboriginal Development Commission, including matters of remuneration and allowances, when these are not provided for in the Act. Section 49 further empowers the Governor-General to make regulations that are necessary and not inconsistent with the Act, while Section 46 stipulates that the Remuneration Tribunal should determine the remuneration of members, with prescribed payments applying if no such determination is in force.
The Act imposes specific obligations on the Governor-General to ensure that members of the Aboriginal Development Commission are compensated appropriately for their services. Given that the Commission's Chairman is transitioning from a full-time to a part-time role, the existing regulations prescribing remuneration and allowances for a full-time Chairman must be repealed to accommodate this change. The regulations previously approved on 21 October 1981 specified remuneration and allowances for a full-time Chairman, but these are no longer applicable as the new appointment will be part-time. The repeal of these regulations is necessary to align with the new employment conditions and to allow for a seamless transition to the part-time role.
Failure to repeal the existing regulations could result in the new part-time Chairman being subject to inappropriate or outdated remuneration terms, which would not reflect the altered nature of their role. Although the document does not explicitly state any offences, penalties, or consequences for non-compliance, it is implied that adhering to the correct regulations is crucial to ensure fair and lawful remuneration practices. The regulations' repeal is a formal process intended to address and rectify any discrepancies that could arise from maintaining outdated provisions. This ensures that the Commission operates within the legal framework designed to support its objectives effectively.