Governor-General Regulations (Repeal)

Overview

The Statutory Rules 1986 No 16, issued under the authority of the Prime Minister, pertains to the repeal of the Governor-General Regulations (Statutory Rules 1984 number 467). Enacted in 1986, this legislative instrument was introduced to address the administrative need to repeal outdated regulations concerning the remuneration of the Official Secretary to the Governor-General, which had already been determined by the Remuneration Tribunal. This repeal aligns with the changes instituted by the Public Service Reform Act 1984, which shifted the responsibility for determining remuneration from the Governor-General to the Remuneration Tribunal. The objective of this repeal is to streamline and modernise the regulatory framework governing public service remuneration, ensuring it reflects current legislative and administrative practices.

Scope and Application

The Public Service Reform Act 1984, as amended, and the associated Statutory Rules 1986 No 16, address the remuneration of the Official Secretary to the Governor-General, which is now determined by the Remuneration Tribunal. These rules, issued under the authority of the Prime Minister, effectively repeal the previous Governor-General Regulations (Statutory Rules 1984 No 467) that had been in place to provide for the payment and allowances of the Official Secretary until the Remuneration Tribunal made its determination. The scope of this legislative change applies specifically to the Official Secretary to the Governor-General, and its application is confined to the federal jurisdiction. Given that the Remuneration Tribunal has already determined the remuneration, the regulations that previously governed the payment and allowances have become redundant and have been repealed. This repeal signifies a transition to a new framework for determining the remuneration of the Official Secretary, aligning with broader public service reforms and ensuring consistency with the remuneration processes established for other public service roles.

Key Provisions

The main operative sections of the Statutory Rules 1986 No 16 are sections 3 and 4. Section 3 (1) specifies the repeal of the Governor-General Regulations 1984 (Statutory Rules 1984 number 467). Section 4 (1) states that the repeal takes effect from the date of registration of these rules. This means that the regulations governing the payment and allowances for the Official Secretary to the Governor-General are no longer in force, as per the determination of the Remuneration Tribunal. These rules impose certain obligations on the parties involved, particularly those concerned with the remuneration and allowances for the Official Secretary to the Governor-General. With the repeal of the Governor-General Regulations 1984, it is now necessary for the payment and allowances of the Official Secretary to be aligned with the determination made by the Remuneration Tribunal. This ensures that the remuneration is consistent with the processes and standards set by the Tribunal. In terms of consequences for breach, the Statutory Rules themselves do not outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, it is implied that adherence to the Remuneration Tribunal’s determination is mandatory. Failure to comply with the Tribunal’s decision could potentially lead to legal challenges or disputes regarding the remuneration of the Official Secretary, which might be addressed under other relevant legislation or administrative processes. The exact penalties or consequences would depend on the specific circumstances and any subsequent legal actions taken.