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.
Overview
The Inspector of Transport Security Act 2006 was enacted to establish a framework for the Inspector to conduct independent and unbiased inquiries into transport and offshore security matters, with the aim of improving security measures. The Act addresses the need for a specialised role that can provide expert recommendations to enhance transport security and the security of offshore facilities. The Inspector of Transport Security Act 2006 was enacted by the Parliament of Australia. One of the policy objectives of the Act is to ensure that the Inspector of Transport Security is adequately compensated for their role in conducting inquiries and making recommendations, thus enabling them to perform their duties effectively. As such, the Minister for Transport and Regional Services was required to specify the remuneration for the Inspector of Transport Security, given that the Remuneration Tribunal could not make a determination before 31 December 2007. The Minister determined that the Inspector should be paid $375 per hour, up to a maximum of $3,000 per day, for each day on which the Inspector performs their functions under the Act, along with a retention payment of $4,167 per month.
Scope and Application
The Inspector of Transport Security Act 2006 governs the remuneration of the Inspector of Transport Security, who is appointed to conduct independent inquiries into transport and offshore security matters. Section 28 of the Act mandates that the Minister for Transport and Regional Services specify the remuneration if no determination by the Remuneration Tribunal is in effect. Given that the Remuneration Tribunal cannot make such a determination before 31 December 2007, the Minister has specified the remuneration of $375 per hour, up to a maximum of $3,000 per day, for each day the Inspector performs their functions, along with a monthly retention payment of $4,167. This legislative instrument, made under the Legislative Instruments Act 2003, commenced on 8 June 2007, aligning with the commencement of other sections of the Act. While the Act generally requires consultation for legislative instruments, the Minister deemed consultation unnecessary for this particular remuneration specification due to its employment-related nature.
Key Provisions
The Inspector of Transport Security Act 2006 (the Act) includes key provisions regarding the remuneration of the Inspector of Transport Security. Specifically, section 28 (1) of the Act states that the Minister is required to specify the remuneration for the Inspector if no determination of that remuneration by the Remuneration Tribunal is in operation. This is necessary as section 25 of the Act mandates the appointment of an Inspector of Transport Security, who is tasked with conducting independent "no-blame" inquiries into transport and offshore security matters and making recommendations to improve security. The Act designates the Inspector's role to contribute significantly to transport security and the security of offshore facilities.
The obligations under the Act include the appointment of an Inspector as per section 25, and the Minister's responsibility to specify remuneration under section 28, given the unique status of the Inspector's position. Notably, the Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976 (paragraph 5(i)) exclude the office of Inspector of Transport Security from being considered a public office for Remuneration Tribunal purposes until 31 December 2007. Consequently, the Minister specified that the Inspector would be paid $375 per hour to a maximum of $3,000 per day for each day they perform their functions, along with a retention payment of $4,167 per month. This remuneration specification was issued as a legislative instrument under the Legislative Instruments Act 2003 (LI Act), commencing on 8 June 2007, aligning with the commencement of sections 3 to 93 of the Act.
The Legislative Instruments Act 2003 (section 17) generally requires appropriate consultation before making a legislative instrument, but section 18 allows for exceptions where consultation may be unnecessary or inappropriate. In this instance, the Minister concluded that consultation on the remuneration amount was inappropriate due to the nature of the employment-related instrument. The Minister's decision was based on the understanding that the remuneration details pertained to the Inspector's role and compensation, which are typically internal employment matters.
In terms of penalties or consequences for breach, the explanatory statement does not detail specific offences, penalties, or consequences related to the remuneration specification itself. However, any breaches of the terms specified in the remuneration would likely be addressed under general employment or contractual law, rather than specific provisions within the Act or the LI Act. The focus remains on ensuring that the remuneration is appropriately set to compensate the Inspector for their critical role in transport security.