Statutory Rules
1980 No. 182
REGULATIONS UNDER THE AUSTRALIAN WAR MEMORIAL ACT 19801
WHEREAS section 22 of the Australian War Memorial Act 1980 provides that the Director of the Australian War Memorial shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed, that the Director shall be paid such allowances as are prescribed, and that that section has effect subject to the Remuneration Tribunals Act 1973:
AND WHEREAS no determination of that remuneration by the Remuneration Tribunal is in operation:
NOW THEREFORE I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian War Memorial Act 1980.
Dated this twenty-eighth day of June 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
A. A. STALEY
Minister of State for Post and Telecommunications for
and on behalf of the Minister of State for Home Affairs
Australian War Memorial Regulations
Citation
1. These Regulations may be cited as the Australian War Memorial Regulations.
Remuneration of Director
2. Subject to the Remuneration Tribunals Act 1973, the Director of the Australian War Memorial shall be paid such remuneration and allowances as he would be entitled to be paid if he occupied a Level 2 office in the Second Division of the Australian Public Service.
1. Notified in the Commonwealth of Australia Gazette on 30 June 1980.
Overview
The Australian War Memorial Regulations, enacted in 1980, were created under the authority of the Australian War Memorial Act 1980 to address the need for a clear framework governing the remuneration and allowances of the Director of the Australian War Memorial. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council. The primary objective was to ensure that the Director's compensation is aligned with that of a Level 2 office in the Second Division of the Australian Public Service, thereby providing clarity and consistency in the remuneration process as stipulated by the Remuneration Tribunals Act 1973. This legislative instrument was designed to avoid ambiguity and ensure the Director's pay is both fair and in line with public service standards.
Scope and Application
The Australian War Memorial Regulations 1980, enacted under the Australian War Memorial Act 1980, provide specific provisions for the remuneration and allowances of the Director of the Australian War Memorial. These regulations apply to the Director of the Australian War Memorial and govern their compensation in accordance with the Remuneration Tribunals Act 1973. The regulations stipulate that the Director shall be paid remuneration and allowances equivalent to those for a Level 2 office in the Second Division of the Australian Public Service, reflecting the Director's position within the federal government structure. These regulations operate on a national level, governing the Director's compensation across Australia. The Act and its regulations are limited to the specific context of remuneration for the Director and do not extend to other personnel or operational aspects of the Australian War Memorial.
Key Provisions
The Australian War Memorial Regulations, under the Australian War Memorial Act 1980, establish the remuneration and allowances for the Director of the Australian War Memorial (section 2). Specifically, the Director shall receive remuneration and allowances equivalent to those for a Level 2 office in the Second Division of the Australian Public Service. This provision ensures that the Director's compensation aligns with public service standards, providing clarity and consistency in their financial entitlements.
These Regulations impose certain obligations on the Director of the Australian War Memorial and the entities responsible for implementing these provisions. Under section 2, the Director is entitled to remuneration and allowances as prescribed, subject to the Remuneration Tribunals Act 1973. This means that the Director’s pay and entitlements must be administered in accordance with these stipulated standards, ensuring compliance with public service remuneration frameworks.
Failure to adhere to the provisions outlined in these Regulations may result in legal consequences. Although the specific penalties are not detailed within the Regulations themselves, breaches of the Australian War Memorial Act 1980 or the Remuneration Tribunals Act 1973 could potentially lead to civil or criminal liabilities. The severity of such consequences would depend on the nature of the breach and relevant laws governing public service remuneration and compliance.