EXPLANATORY STATEMENT
Issued by Authority of the Minister for Transport and Regional Services
Subject Inspector of Transport Security Act 2006
Remuneration for the Inspector of Transport Security
Section 28 of the Inspector of Transport Security Act 2006 (the Act) provides that the Minister is to specify the remuneration for the Inspector of Transport Security if no determination of that remuneration by the Remuneration Tribunal is in operation.
Section 25 of the Act provides for the appointment of an Inspector of Transport Security. The Act provides a framework for the Inspector to conduct independent “no-blame” inquiries into matters as directed by the Minister and make recommendations in relation to transport and offshore security matters, in order to contribute to the improvement of transport security and the security of offshore facilities.
Under paragraph 5(i) the Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976 the office of Inspector of Transport Security will not be a public office for the purpose of the Remuneration Tribunal Act 1973 for the period from the commencement of section 25 of the Act to 31 December 2007. As there cannot be a Remuneration Tribunal determination for the remuneration of the Inspector before 31 December 2007 it is necessary for the Minister to specify the remuneration to be paid during that period. The Minister has specified that the Inspector be paid $375 per hour to a maximum of $3,000 per day, for each day on which the Inspector performs his functions under the Act. In addition, the Inspector is to be paid a retention payment of $4,167 per month.
The instrument specifying the remuneration is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LI Act).
While section 17 of the LI Act provides that appropriate consultation should be undertaken before a legislative instrument is made section 18 of the LI Act provides that the nature of some instruments may be such that consultation may be unnecessary or inappropriate. In this case as the nature of the instrument relates to employment, the Minister was satisfied that consultation on the amount of remuneration was inappropriate.
The instrument commences on 8 June 2007, to coincide with the commencement of sections 3 to 93 of the Act.