EXPLANATORY STATEMENT
Statutory Rules 1982, No. 309
AUSTRALIAN TOURIST COMMISSION (ALLOWANCES) REGULATIONS
Issued by the Authority of the Minister for the Capital Territory acting for and on behalf of the Minister for Industry and Commerce.
The purpose of these Regulations is to repeal the Australian Tourist Commission Regulations and introduce new regulations under which the General Manager of the Commission shall, subject to the Remuneration Tribunal Act 1973, be paid such allowances as are determined by the Australian Tourist Commission with the approval of the Public Service Board.
The Australian Tourist Commission Regulations, which were introduced in 1976, prescribed the allowances payable to the Chairman and other Commission members as well as for the General Manager.
The allowances payable to the Chairman and other Commission members are now set by the Remuneration Tribunal.
Regulation 2
Repeals the Australian Tourist Commission
Regulations (Statutory Rules 1976, No. 208)
Regulation 3
Prescribes the allowances payable to the General Manager of the Commission. Such allowances will now be determined by the Commission with the approval of the Public Service Board.
Overview
The Australian Tourist Commission (Allowances) Regulations 1982 were enacted to address the need for updated provisions regarding the allowances payable to the General Manager of the Australian Tourist Commission, following the repeal of the outdated Australian Tourist Commission Regulations 1976. This legislative instrument was issued by the Authority of the Minister for the Capital Territory, acting on behalf of the Minister for Industry and Commerce, and aims to ensure that the General Manager's remuneration remains aligned with the current remuneration framework. The policy objective behind these regulations is to provide a modernised and streamlined system for determining allowances, which is now subject to the approval of the Public Service Board rather than being prescribed directly by statutory rules. This change ensures that the General Manager's allowances are determined in a manner that reflects contemporary remuneration standards and practices.
Scope and Application
The Australian Tourist Commission (Allowances) Regulations 1982, as issued under the authority of the Minister for the Capital Territory acting on behalf of the Minister for Industry and Commerce, serve to modify and update the allowances payable to the General Manager of the Australian Tourist Commission. These regulations repeal the previous Australian Tourist Commission Regulations from 1976, which had prescribed allowances for the Chairman and other Commission members as well as the General Manager. The updated regulations now stipulate that the allowances payable to the General Manager are to be determined by the Australian Tourist Commission, subject to the approval of the Public Service Board, while the allowances for the Chairman and other Commission members are set by the Remuneration Tribunal in accordance with the Remuneration Tribunal Act 1973. These changes streamline the process for setting allowances, ensuring they are determined through appropriate channels while maintaining the integrity and oversight of the remuneration process.
Key Provisions
The Australian Tourist Commission (Allowances) Regulations 2004 (No. 309) are designed to update and replace the previous Australian Tourist Commission Regulations from 1976 (No. 208). Regulation 2 repeals these earlier regulations, and Regulation 3 introduces new provisions for the allowances payable to the General Manager of the Commission (section 3). These allowances will now be determined by the Australian Tourist Commission, subject to the Remuneration Tribunal Act 1973, with the approval of the Public Service Board. This means that while the allowances for the Chairman and other Commission members are now set by the Remuneration Tribunal, the General Manager's allowances will be a matter for the Commission itself, provided that the Public Service Board concurs.
Under these Regulations, the obligations of the Australian Tourist Commission include determining the allowances for the General Manager and ensuring that these are approved by the Public Service Board. This process is intended to maintain transparency and accountability in the remuneration of senior positions within the Commission. The Public Service Board, on its part, must review and approve the allowances proposed by the Commission, ensuring they are fair and in line with public service standards. Both entities must adhere to the conditions set out in the Remuneration Tribunal Act 1973 when performing these duties.
Breach of these Regulations could lead to various consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is likely that failure to comply with the stipulated processes for determining and approving allowances could result in administrative penalties or other repercussions as prescribed by relevant legislation. For example, non-compliance with the Remuneration Tribunal Act 1973 could attract penalties under that Act. Such penalties could include fines or other sanctions, depending on the severity and nature of the breach. The exact penalties would need to be referred to in the primary legislation or related statutes.