Governor-General Amendment Act 1995
No. 122 of 1995
An Act to amend the Governor-General Act 1974, and for related purposes
[Assented to 2 November 1995]
The Parliament of Australia enacts:
Short title
1. This Act may be cited as the Governor-General Amendment Act 1995.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
Schedule
3. The Governor-General Act 1974 is amended in accordance with item 1 of the Schedule and item 2 of the Schedule has effect according to its terms.
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SCHEDULE Section 3
AMENDMENT OF THE GOVERNOR-GENERAL ACT 1974
1. Section 3:
Omit “$95,000”, substitute “$58,000”.
2. Transitional
The amendment made by this Act does not have effect during the continuance in office of the person holding office as Governor-General immediately before the commencement of this Act.
[Minister’s second reading speech made in—
House of Representatives on 27 September 1995 Senate on 16 October 1995]
Overview
The Governor-General Amendment Act 1995, enacted by the Parliament of Australia, serves to modify the Governor-General Act 1974, primarily addressing the need to adjust the remuneration of the Governor-General. This amendment was introduced to reflect changes in the economic landscape and ensure that the remuneration remains commensurate with the responsibilities and stature of the office. The Act omits the previously stipulated annual salary of $95,000 and substitutes it with $58,000, a reduction intended to align with contemporary financial standards while considering the transitional period during which the existing Governor-General remains unaffected by this change. The policy objective is to update the remuneration framework in a manner that upholds the dignity of the office while remaining fiscally prudent.
Scope and Application
The Governor-General Amendment Act 1995 serves to amend the Governor-General Act 1974, specifically targeting the remuneration of the Governor-General. This Act applies directly to the person holding the office of Governor-General at the time of its commencement, as well as any successors to this office. It does not extend to the Governor-General who was in office immediately before the Act's commencement, as stipulated in the transitional provisions. The Act operates within the jurisdictional scope of the Commonwealth of Australia, reflecting legislative authority vested in the Parliament of Australia. Notably, the Act does not specify any exclusions or exemptions, but its amendments only apply prospectively to those assuming the office of Governor-General after its enactment. Through its amendments, the Act adjusts the financial allowances for the Governor-General, reducing the annual salary from $95,000 to $58,000, and while the Act itself is the primary legislative instrument, its precise implementation may be further detailed in subordinate regulations or administrative guidelines.
Key Provisions
The Governor-General Amendment Act 1995 primarily amends the remuneration of the Governor-General as stipulated in Section 3 of the Governor-General Act 1974. Specifically, the Act reduces the annual salary of the Governor-General from $95,000 to $58,000, as indicated in item 1 of the Schedule. This amendment is clear and direct, aiming to adjust the financial compensation for the role of the Governor-General to reflect current economic conditions or budgetary considerations.
The Act imposes a direct obligation on the Commonwealth to adjust the salary of the Governor-General in accordance with the amendment, ensuring that the new rate of $58,000 is adhered to from the date of commencement. Additionally, the Act stipulates that this amendment will not take effect during the tenure of the Governor-General who was in office prior to the Act's commencement. This transitional provision ensures that the existing Governor-General is not adversely affected by the salary reduction, maintaining continuity and fairness in the implementation of the amendment.
In terms of legal consequences, the Act itself does not specify any particular offences, penalties, or consequences for non-compliance with its provisions. However, the failure to implement the salary reduction as mandated by the Act could potentially lead to legal challenges or administrative actions. The Act is clear in its directive, and non-compliance would likely be viewed as a breach of statutory duty by the relevant authorities responsible for the payment of the Governor-General's salary. The penalties for such breaches would generally be determined by the applicable administrative and employment laws, which could include financial penalties or disciplinary measures against the responsible officials.