GRANTS COMMISSION ACT 1975
No. 59 of 1975
An Act to amend the Grants Commission Acts 1973.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Grants Commission Act 1975.
(2) The Grants Commission Acts 1973 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Grants Commission Act 1973-1975.
Commencement.
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) The amendment effected by paragraph 3(b) shall be deemed to have come into operation on 1 October 1974.
Membership of Commission.
3. Section 8 of the Principal Act is amended—
(a) by omitting from sub-section (1) the word “six” and substituting the word “seven”; and
(b) by inserting after sub-section (6) the following sub-section: —
“(6a) If the Chairman was, immediately before his appointment, a Judge of a Federal Court or of the Supreme Court of a State or Territory, he shall have the same designation, rank, status and precedence as a Judge of the Supreme Court of the Australian Capital Territory.”.
4. (1) Section 9 of the Principal Act is repealed and the following sections substituted:—
Remuneration of member who has status of Judge.
“9. (1) If sub-section 8(6a) applies to the Chairman, he shall be paid salary at such rate, and an annual allowance at such rate, if any, as the Parliament fixes, but, until the Parliament fixes the rate of that salary, he shall be paid salary and an annual allowance at the rates that were applicable immediately before the commencement of this section.
“(2) If sub-section 8(6a) applies to the Chairman, he shall be paid such allowances (other than an annual allowance) as are prescribed.
Remuneration of other members.
“9a. (1) A member, other than a member to whom sub-section 8(6a) applies, shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in operation, he shall be paid remuneration at the rate that was applicable immediately before the commencement of this section.
“(2) A member, other than a member to whom sub-section 8(6a) applies, shall be paid such allowances as are prescribed.
“(3) This section has effect subject to the Remuneration Tribunals Act 1973-1974.”.
(2) Regulations in force at the commencement of this Act for the purposes of sub-section 9(3) of the Principal Act continue in force as if made for the purposes of sub-sections 9(2) and 9a(2) of the Principal Act as amended by this Act.
Overview
The Grants Commission Act 1975, enacted by the Parliament of Australia, serves to amend the Grants Commission Acts 1973. This Act increases the number of members on the Grants Commission from six to seven and provides specific remuneration provisions for the Chairman if he holds a judicial position immediately prior to his appointment. The Act was designed to ensure that the Commission has adequate representation and to appropriately compensate its members, particularly those with prior judicial experience. The policy objective is to maintain an effective and fair process for determining grants to the states and territories of Australia.
Scope and Application
The Grants Commission Act 1975 applies to the members of the Grants Commission and amends the Grants Commission Acts 1973, thereby impacting the administrative and financial arrangements within this body. The Act affects the membership, remuneration, and status of the Chairman of the Grants Commission, particularly if the Chairman was previously a Judge of a Federal Court or of the Supreme Court of a State or Territory. The Act provides for adjustments in the number of members from six to seven and sets out specific remuneration and allowances for the Chairman and other members, with provisions subject to determinations by the Remuneration Tribunal. Geographically, the Act operates within the Commonwealth of Australia, influencing federal-state fiscal relations and distribution of grants. Subordinate instruments may further define details such as the specific remuneration and allowances for the members of the Commission. The Act does not explicitly state exclusions or exemptions, but its application is inherently limited to the context of the Grants Commission and its members.
Key Provisions
The Grants Commission Act 1975 primarily serves to amend the Grants Commission Acts 1973, focusing on the membership and remuneration of the Grants Commission. Firstly, Section 3 of the Act increases the number of Commission members from six to seven. This change is intended to provide a broader range of expertise and perspectives within the Commission. Secondly, Section 4 introduces new provisions regarding the remuneration of the Commission's members, particularly the Chairman. If the Chairman was previously a Judge of a Federal Court or a Supreme Court of a State or Territory, he retains the same designation, rank, status, and precedence as a Judge of the Supreme Court of the Australian Capital Territory (subsection 8(6a)). Additionally, the remuneration for the Chairman, if he holds this judicial status, is to be set by Parliament, with interim rates applying until Parliament makes a formal decision (subsection 9(1)). Other members of the Commission, not covered under the judicial status, have their remuneration determined by the Remuneration Tribunal, with interim rates applying if no formal determination has been made (subsection 9a(1)).
The obligations imposed by the Act on the parties it governs include ensuring that the remuneration of the Chairman and other members is appropriately managed and determined. For the Chairman, who holds judicial status, the obligation falls on Parliament to set his salary and allowances. For other members, the Remuneration Tribunal must determine their remuneration, while the Act also provides for interim rates until such determination is made. These obligations are clearly outlined in the Act to ensure transparency and consistency in how the Commission members are compensated.
In terms of legal consequences, the Act does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance with its provisions. However, the nature of the Act suggests that any failure to properly remunerate the Commission members, particularly the Chairman, could lead to legal challenges or disputes. Given that the remuneration is either to be set by Parliament or determined by the Remuneration Tribunal, any breach of these processes could potentially result in legal actions to enforce the correct procedures. The Act does not specify maximum penalties, implying that any enforcement would rely on the judicial system to determine appropriate remedies or sanctions.