FINANCIAL RELIEF (No. 3).
No. 73 of 1936.
An Act to amend the Financial Relief Act (No. 2) 1936 in relation to Adjustments of salaries, wages, pay and allowances by reason of Variations in the Cost of Living.
[Assented to 7th December, 1936.]
BE it enacted by the King’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 Financial Relief Act (No. 3) 1936.
(2.) The Financial Relief Act (No. 2) 1936, as amended by this Act, may be cited as the Financial Relief Acts 1936.
2. After section sixteen of the Financial Relief Act (No. 2) 1936 the following section is inserted:—
Cost of living adjustments.
“16a. Any variation of any salary, wages, pay or allowance which would, but for the operation of the Principal Act, have been made under or in pursuance of any regulation, contract or agreement, or of any award, determination, order or decision of any authority, during the financial year commencing on the first day of July, One thousand nine hundred and thirty-six, by reason of a variation in the cost of living, as disclosed by index-numbers published by the Commonwealth Statistician, shall be made as from the commencement of the period in respect of which the first periodical payment is made after the commencement of this Part and up to the end of that financial year.”.
Commencement of variation of salaries, &c
3. Section seventeen of the Financial Relief Act (No. 2) 1936 is amended by omitting from sub-section (3.) the word “section” and inserting in its stead the word “Part”.
Overview
The Financial Relief Act (No. 3) 1936 was enacted by the Commonwealth Parliament to address the need for adjustments to salaries, wages, pay, and allowances due to variations in the cost of living, specifically during the financial year commencing on the first day of July 1936. This Act sought to amend the Financial Relief Act (No. 2) 1936, thereby expanding its scope to include the automatic adjustment of payments based on cost of living index numbers published by the Commonwealth Statistician. The policy objective of this amendment was to ensure that changes in the cost of living would be reflected in employee compensations in a timely and systematic manner. The insertion of a new section, 16a, into the amended Act provided a clear framework for these adjustments, specifying that any cost-of-living-related variations in payments should take effect from the beginning of the relevant payment period until the end of the specified financial year.
Scope and Application
The Financial Relief (No. 3) Act 1936 amends the Financial Relief Act (No. 2) 1936 to address adjustments in salaries, wages, pay, and allowances due to variations in the cost of living. This Act applies to any entities or individuals whose compensation is regulated by a contract, agreement, award, or order, and who would otherwise have their remuneration adjusted in response to changes in the cost of living as indicated by index numbers published by the Commonwealth Statistician. The Act has a national jurisdictional reach, applying across the Commonwealth of Australia, and it is intended to take effect during the financial year beginning on the first day of July 1936. Any variations in compensation due to cost of living changes must be implemented from the start of the period for which the first payment is made following the Act's commencement and up until the end of that financial year. The Act does not explicitly state exclusions or exemptions but implies that it applies broadly to all relevant compensation adjustments within the specified timeframe.
Key Provisions
The Financial Relief (No. 3) Act 1936 amends the Financial Relief Act (No. 2) 1936 to address adjustments in salaries, wages, pay, and allowances due to variations in the cost of living. According to section 16a, any variation in these payments, which would have otherwise occurred under regulations, contracts, or agreements, or due to awards or decisions, will be adjusted as of the commencement of the first payment period after the Act's commencement and will continue until the end of the financial year starting July 1, 1936. This adjustment is based on index numbers published by the Commonwealth Statistician, reflecting changes in the cost of living. Section 17 has been amended to refer to "Part" instead of "section", likely indicating that the adjustments apply to a specific section or part of the original Act.
The Act imposes specific obligations on employers and employees, ensuring that any adjustments to salaries, wages, pay, and allowances are made in accordance with the cost of living index. Employers must ensure that the adjustments are calculated and implemented as stipulated in section 16a. Employees, on the other hand, must understand that any changes to their remuneration will be based on the prescribed index numbers, and these changes will be effective from a specific period determined by the Act. Both parties are required to comply with the terms set forth in the amended sections of the Financial Relief Act (No. 2) 1936.
In terms of consequences for non-compliance, the Act does not explicitly state penalties for breaches of its provisions. However, any failure to adjust salaries, wages, pay, or allowances in accordance with section 16a could lead to legal disputes or claims from employees regarding unpaid or incorrect adjustments. While the Act does not outline specific penalties, the implications of non-compliance could potentially involve civil actions for breach of contract or award, or even legal action under relevant employment laws. The lack of explicit penalties in the text suggests that the focus is more on ensuring compliance through the stipulated adjustments rather than punitive measures.