COMMONWEALTH GRANTS COMMISSION.
No. 43 of 1957.
An Act to amend the Commonwealth Grants Commission Act 1933–1951, and for purposes connected with the amendment.
[Assented to 5th October, 1957.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Commonwealth Grants Commission Act 1957.
(2.) The Commonwealth Grants Commission Act 1933–1951 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act; may be cited as the Commonwealth Grants Commission Act 1933–1957.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3.—(1.) Section five of the Principal Act is repealed and the following section inserted in its stead:—
Remuneration and allowances of members.
“5. The members of the Commission and deputies of members shall be paid such remuneration and allowances as the Governor-General determines.”.
(2.) The first determination of the Governor-General under section five of the Principal Act, as amended by this Act, in relation to a person holding office at the date of commencement of this Act as a member of the Commonwealth Grants Commission or deputy of a member, may be expressed to take effect as from a date specified in the determination, being a date not earlier than the first day of July, One thousand nine hundred and fifty-seven, but in that case any amount paid or payable to him in pursuance of section five of the Principal Act, in respect of service on or after the date so specified, shall be deducted from the amount payable to him in pursuance of the determination.
Suspension of member.
4. Section eight of the Principal Act is amended by omitting from sub-section (4.) the word “salary” and inserting in its stead the word “remuneration”.
Overview
The Commonwealth Grants Commission Act 1957 was enacted to amend the Commonwealth Grants Commission Act 1933–1951 and address certain issues related to the remuneration and allowances of members and deputies of the Commonwealth Grants Commission. This Act was assented to on 5 October 1957 by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of the legislation was to revise the remuneration provisions for the Commission's members and deputies, allowing the Governor-General to determine their pay and allowances. The Act also amended the suspension clause to reflect the changes in remuneration terminology, thereby ensuring consistency in the legislative framework governing the Commonwealth Grants Commission.
This amendment aimed to address the need for updated and flexible remuneration arrangements for the Commission's members and deputies, reflecting their roles and responsibilities within the evolving Australian governmental structure. By enacting this Act, the Commonwealth sought to maintain the integrity and effectiveness of the Commonwealth Grants Commission in its assessment and recommendation of grants to the states.
Scope and Application
The Commonwealth Grants Commission Act 1957 amends the Commonwealth Grants Commission Act 1933–1951, establishing a framework for the remuneration and allowances of the members and deputies of the Commonwealth Grants Commission. The Act applies to the members and deputies of the Commission, who are instrumental in determining grants and providing advice on financial matters to the Commonwealth and states. The legislation outlines that the remuneration and allowances for these positions are to be determined by the Governor-General, thus centralising the control over their compensation. This Act applies nationally across the Commonwealth of Australia, affecting the administration and financial distribution mechanisms at the federal level. The Act does not explicitly state any exclusions or exemptions but implies a broad application to the members and deputies of the Commission as it replaces and amends the existing provisions of the Principal Act. The scope of the Act is further extended through subordinate instruments, which may detail specific conditions or additional provisions relevant to the operation and administration of the Commission.
Key Provisions
The main operative sections of the Commonwealth Grants Commission Act 1957 amend the existing Commonwealth Grants Commission Act 1933–1951. Section 5 of the Principal Act is repealed and replaced with a new provision that allows the Governor-General to determine the remuneration and allowances of members and deputies of the Commission. The first determination made under this new section can be backdated to a date not earlier than the first day of July 1957, but any amounts paid under the old provisions will be deducted from the new amount.
The Act imposes obligations on the parties it governs by requiring the Governor-General to determine the remuneration and allowances of the Commission's members and deputies. This change shifts the responsibility for setting the compensation of these officials from the Principal Act to the Governor-General, who now has the authority to specify the terms of their remuneration.
Breach of the provisions in this Act, or failure to comply with the obligations imposed by the Act, may lead to civil or criminal consequences. However, the Act does not explicitly state the specific offences, penalties, or consequences for non-compliance. It is important to note that while the Act does not provide detailed information about penalties, breaches of statutory provisions can generally result in legal action, including fines and imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined in the context of the specific breach and under the relevant law.