EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 16
ELECTORAL OFFICERS (REMUNERATION AND ALLOWANCES) REGULATIONS
Sub-section 4(1) of the Acts Interpretation Act 1901 provides that where an Act, being an Act that is not to come into operation immediately upon its enactment, is expressed to confer power, or to amend another Act in such a manner that the other Act, as amended, will confer power, to make an instrument of a legislative or administrative character (including rules, regulations or by-laws) then the power may be exercised for the purpose of bringing the instrument into effect before the Act concerned comes into operation as if it had come into operation.
The Commonwealth Electoral Act 1918 will be amended by the Commonwealth Electoral Legislation Amendment Act 1983. The amending Act received the Royal Assent on 22 December 1983 but a Proclamation fixing a date of commencement had not been made at the date on which the Electoral Officers (Remuneration and Allowances) Regulations were made.
Sub-section 7Q(1) of the Act, as amended, provides that an electoral officer shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no such determination is in operation he shall be paid such remuneration as is prescribed. Sub-section 7Q(2) provides that an electoral officer shall be paid such allowances (if any) as are prescribed. Section 7Q has effect subject to the Remuneration Tribunals Act 1973.
At the date the amending Act came in operation there was no determination of the Remuneration Tribunal in respect of the remuneration of electoral officers (as defined in the Act as amended). These regulations therefore prescribe the remuneration and allowances for the respective electoral officers.