EXPLANATORY STATEMENT
Statutory Rule 1988 No. 225 Issued by the Authority of the Minister for Transport and Communications
Subsection 134(1) of the Broadcasting Act 1942 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 79Q(2) of the Act provides that the Executive Director of the Special Broadcasting Service (the SBS) shall be appointed by the Governor-General and holds office on such terms and conditions (if any) in respect of matters not provided for by the Act as are determined by the Governor-General.
Subsection 125F(2) of the Act provides that the Executive Director 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.
Under Remuneration Tribunal Determination No. 12 of 1986 the Executive Director receives the salary payable from time to time to the holder of a Level 5 office in the Senior Executive Service of the Australian Public Service and is entitled to an expenses of office allowance at the current rate of $2,167 per annum. Subsection 125F(3) of the Act provides that the Executive Director shall be paid such allowances as are prescribed. Such allowances are in addition to the expenses of office allowance determined by the Tribunal and would include such matters as travelling allowance. Currently there is no regulation prescribing allowances to be paid to the Executive Director.
The Minister for Transport and Communications decided that it is appropriate that the Executive Director be paid such allowances as are payable to a Level 5 officer in the Senior Executive Service of the Australian Public Service.
The Broadcasting and Television (Special Broadcasting Service) Regulations (Amendment) provide a change in the title of the Regulations to reflect the transition from the Broadcasting and Television Act 1942 to the Broadcasting Act 1942 as the relevant enabling legislation, and also provide that for the purpose of subsection 125F(3) of the Act the prescribed allowances payable to the Exectuive Director are those payable to a Level 5 Senior Executive Service Officer in the Australian Public Service.
Details of the Regulations amendments are:
Clause 1: Principal Regulations
Provides that in the Regulations, “Principal Regulations” means the Broadcasting and Television (Special Broadcasting Service) Regulations.
Clause 2: Interpretation
Provides that regulation 2 of the Principal Regulations is amended by omitting “and Television”. This is to reflect the transition from the Broadcasting and Television Act 1942 to the Broadcating Act 1942 as the relevant enabling legislation.
Clause 3: Allowances prescribed for the purpose of subsection 125F(3) of the Act
Inserts a new regulation 4 to provide that for the purpose of subsection 125F(3) of the Act, the prescribed allowances are those payable to an officer of the Australian Public Service holding an office having a classification of Senior Executive Level 5.
Overview
The Broadcasting and Television (Special Broadcasting Service) Regulations (Amendment) Statutory Rule 1988 No. 225 was enacted to address the lack of specific regulations regarding the allowances payable to the Executive Director of the Special Broadcasting Service (SBS). This amendment was introduced to align with the transition from the Broadcasting and Television Act 1942 to the Broadcasting Act 1942, and to ensure that the allowances provided to the Executive Director are consistent with those offered to a Level 5 Senior Executive Service Officer in the Australian Public Service. The amendments were issued under the authority of the Minister for Transport and Communications and aim to provide clarity and consistency in the remuneration and allowances for the Executive Director, in accordance with the Remuneration Tribunal Determination No. 12 of 1986.
The changes made by this Statutory Rule include amending the title of the regulations to reflect the new enabling legislation, the Broadcasting Act 1942, and inserting a new regulation 4 to specify that the prescribed allowances for the Executive Director are those payable to a Senior Executive Level 5 officer in the Australian Public Service. This ensures that the Executive Director's remuneration and allowances are in line with those of equivalent senior executive positions within the public service, thus maintaining a fair and standardised approach to executive compensation within the SBS.
Scope and Application
The Broadcasting and Television (Special Broadcasting Service) Regulations (Amendment) pertain to the allowances payable to the Executive Director of the Special Broadcasting Service, aligning these allowances with those of a Level 5 Senior Executive Service Officer in the Australian Public Service. These regulations stem from the Broadcasting Act 1942 and are enacted under the authority granted by the Governor-General, ensuring consistency and convenience in the application of the Act. The amendment to the Regulations includes changes to reflect the transition from the Broadcasting and Television Act 1942 to the Broadcasting Act 1942, ensuring the Regulations remain relevant under the new legislative framework. By specifying that the allowances for the Executive Director are those applicable to a Level 5 Senior Executive Service Officer, the amendment aims to provide a clear and consistent remuneration structure for the role, supplementing the salary determined by the Remuneration Tribunal and the expenses of office allowance set at $2,167 per annum. These regulations apply to the Executive Director of the Special Broadcasting Service, a key figure in the governance of the SBS, ensuring the individual's remuneration aligns with their senior executive status within the public service.
Key Provisions
The main operative sections of these regulations involve amendments to the Broadcasting and Television (Special Broadcasting Service) Regulations, reflecting changes in the relevant enabling legislation. Section 1 of the Regulations renames the existing regulations to reflect the transition from the Broadcasting and Television Act 1942 to the Broadcasting Act 1942. Section 2 provides an interpretation clause to clarify the scope and application of the regulations. The most significant change, introduced in Section 3, is the insertion of a new regulation 4, which specifies that the prescribed allowances for the Executive Director of the Special Broadcasting Service are those payable to an officer of the Australian Public Service holding a Senior Executive Level 5 position. This amendment ensures consistency in the allowances paid to the Executive Director, aligning them with those of comparable public service roles.
The regulations impose specific obligations on the Special Broadcasting Service (SBS) and the Executive Director. The SBS is required to ensure that the Executive Director's remuneration and allowances comply with the provisions of the Broadcasting Act 1942 and the newly amended regulations. The Executive Director, in turn, must accept the remuneration and allowances as determined by the Remuneration Tribunal or as prescribed by the regulations. Additionally, the Minister for Transport and Communications retains the authority to determine the terms and conditions of the Executive Director's appointment, including any allowances, as per the Broadcasting Act 1942.
Breaches of the regulations or non-compliance with the specified allowances for the Executive Director may have legal consequences. While the regulations do not explicitly detail specific offences or penalties for non-compliance, breaches of the Broadcasting Act 1942 or related regulations could lead to enforcement actions under the general provisions of the Act. This may include civil or criminal penalties, depending on the nature and severity of the breach. The Act provides for various sanctions, including fines and potential criminal charges for serious violations. However, the exact penalties would be determined in the context of the specific breach and the provisions of the Broadcasting Act 1942.