Overview

The Independent National Security Legislation Monitor Repeal Regulation 2015 was issued under the authority of the Prime Minister in compliance with section 26 of the Legislative Instruments Act 2003. This regulation repeals the Independent National Security Legislation Monitor Regulations 2011, which were established to set the remuneration and allowances for the inaugural Independent National Security Legislation Monitor. The Independent National Security Legislation Monitor Act 2010, enacted by the Parliament of Australia, created the Office of the Independent National Security Legislation Monitor to review the operation, effectiveness, and implications of Australia’s national security and counter-terrorism legislation. With the Remuneration Tribunal making a determination on the Monitor’s remuneration and travel allowance in 2014, the Monitor Regulations have become redundant, prompting the need for their repeal. The policy objective of this repeal is to streamline and update the regulatory framework in accordance with the current remuneration structure determined by the Remuneration Tribunal.

Scope and Application

The Independent National Security Legislation Monitor Repeal Regulation 2015 is a legislative instrument issued under the authority of the Prime Minister, in compliance with section 26 of the Legislative Instruments Act 2003. This regulation aims to repeal the Independent National Security Legislation Monitor Regulations 2011, which were initially established to determine the remuneration and allowances for the inaugural Independent National Security Legislation Monitor. Given that the Remuneration Tribunal has since made a determination regarding the Monitor’s remuneration and travel allowance, the Monitor Regulations are no longer required. The repeal regulation applies to the Independent National Security Legislation Monitor and the Office of the Independent National Security Legislation Monitor, ensuring that the remuneration and allowances are now governed by the Remuneration Tribunal’s determination rather than the Monitor Regulations. This repeal regulation has a national jurisdictional reach, applying across Australia as it pertains to a Commonwealth office. The regulation does not introduce any exclusions, exemptions, or thresholds beyond those already specified by the Independent National Security Legislation Monitor Act 2010 and the Remuneration Tribunal’s determination. The commencement of the regulation is set for the day after its registration on the Federal Register of Legislative Instruments, in accordance with the Legislative Instruments Act 2003.

Key Provisions

The Independent National Security Legislation Monitor Repeal Regulation 2015 (F2015L01314) (the Regulation) serves to repeal the Independent National Security Legislation Monitor Regulations 2011 (the Monitor Regulations) (Schedule 1). This repeal occurs because the Monitor Regulations are no longer required, as per the purpose outlined in the explanatory statement (Section 1). The regulation repeals the Monitor Regulations entirely, reflecting the new arrangements where the Remuneration Tribunal has determined the remuneration and allowances for the Monitor. The regulation, named the Independent National Security Legislation Monitor Repeal Regulation 2015, is cited by that name (Section 1). It comes into effect the day after its registration on the Federal Register of Legislative Instruments, in accordance with subsection 12(1) of the Legislative Instruments Act 2003 (Section 2). The authority for making this regulation is identified as stemming from the Independent National Security Legislation Monitor Act 2010 (Section 3). The Monitor Regulations, which were previously in place to set the remuneration and allowances for the inaugural Monitor, are now redundant due to the Remuneration Tribunal's determination on 16 December 2014, which covers the Monitor’s remuneration and travel allowance (Determination 2014/22). Consequently, the Monitor Regulations have no practical effect. The regulation amends the Monitor Regulations by repealing them entirely, as detailed in the Schedule. This amendment ensures that the regulatory framework aligns with current remuneration arrangements, reflecting the changes made by the Remuneration Tribunal. The Independent National Security Legislation Monitor Act 2010 mandates that the Monitor be paid remuneration determined by the Remuneration Tribunal, with regulations prescribing the remuneration if no such determination is in place (Section 13(1) and (2)). Given that a determination has now been made by the Remuneration Tribunal, the regulation's repeal of the Monitor Regulations effectively removes the need for the regulations to set the remuneration and allowances. The regulation's amendments are intended to streamline the regulatory framework, ensuring that it remains relevant and effective. The regulation does not impose any new obligations on the parties or entities it governs, as it primarily serves to repeal existing regulations that are no longer necessary. However, the Monitor and related entities must now adhere to the remuneration and allowances determined by the Remuneration Tribunal, as set out in Determination 2014/22. There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulation for its breach, as it is a repeal regulation aimed at updating the regulatory framework. The repeal itself does not introduce new compliance requirements but ensures that the regulatory framework is current and aligned with recent determinations.