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.
Overview
The Electoral Officers (Remuneration and Allowances) Regulations 1984 were introduced to address the gap in remuneration for electoral officers following amendments to the Commonwealth Electoral Act 1918. Enacted by the Parliament of Australia, these regulations were made in anticipation of the Commonwealth Electoral Legislation Amendment Act 1983, which was passed to modify the existing electoral laws but did not immediately establish a new remuneration framework for electoral officers. The regulations were designed to ensure continuity in the payment of remuneration and allowances to electoral officers until the Remuneration Tribunal could provide a formal determination, thereby maintaining the operational effectiveness of electoral processes. The policy objective was to establish a temporary remuneration and allowance structure to support the functions of electoral officers effectively.
Scope and Application
The Electoral Officers (Remuneration and Allowances) Regulations, made under the Commonwealth Electoral Act 1918 as amended by the Commonwealth Electoral Legislation Amendment Act 1983, apply to all electoral officers as defined within the Act. These officers include individuals who are appointed or employed to carry out duties under the Act, such as those involved in the conduct of elections and referendums within the Commonwealth. The regulations specify the remuneration and allowances to be paid to these officers until such time as the Remuneration Tribunal makes a determination under the Remuneration Tribunals Act 1973. The application of these regulations is confined to the national jurisdiction of Australia, as they are made pursuant to Commonwealth legislation. There are no stated exclusions or exemptions within the text, though the application may be subject to any overarching principles or specific exclusions provided under the Remuneration Tribunals Act 1973. The scope of the regulations can be extended or restricted by subordinate instruments issued under the authority of the Act, such as further regulations or determinations by the Remuneration Tribunal.
Key Provisions
The main operative sections of the Electoral Officers (Remuneration and Allowances) Regulations (1984 No. 16) are sections 4 and 7Q of the Commonwealth Electoral Act 1918, as amended by the Commonwealth Electoral Legislation Amendment Act 1983. Section 7Q(1) of the Act states that an electoral officer is to be paid a remuneration determined by the Remuneration Tribunal, or, if no such determination is in operation, the remuneration prescribed by these regulations. Similarly, section 7Q(2) mandates that electoral officers are to be paid such allowances as prescribed by these regulations, if any. These provisions are subject to the Remuneration Tribunals Act 1973. Given that there was no determination of the Remuneration Tribunal regarding the remuneration of electoral officers at the time the amending Act came into operation, these regulations provide the specific remuneration and allowances for electoral officers.
These regulations impose several obligations and requirements on the parties they govern. Primarily, they mandate that electoral officers receive remuneration and allowances as prescribed by these regulations. This ensures that electoral officers have a clear understanding of their compensation, providing certainty and predictability in their financial arrangements. The regulations also stipulate that these provisions are subject to the Remuneration Tribunals Act 1973, which implies that any future determinations by the Tribunal will supersede these regulations. Additionally, the regulations must be interpreted and applied in accordance with the Acts Interpretation Act 1901, ensuring consistency with other legislative instruments.
In terms of consequences for non-compliance, the regulations themselves do not specify offences, penalties, or other consequences for breach. However, the underlying legislation, namely the Commonwealth Electoral Act 1918 and the Remuneration Tribunals Act 1973, may include provisions that address non-compliance. Given the nature of the regulations, non-compliance could potentially lead to legal disputes regarding the remuneration and allowances of electoral officers, which might be resolved through administrative or judicial processes. It is essential for the relevant authorities to ensure adherence to these regulations to avoid any legal or administrative issues.