Ministers of State Amendment Act 1980
No. 165 of 1980
An Act to amend the Ministers of State Act 1952
[Assented to 10 December 1980]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Ministers of State Amendment Act 1980.
(2) The Ministers of State Act 1952 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Salaries of Ministers
3. Section 5 of the Principal Act is amended by omitting “$350,000” and substituting “$400,000”.
Overview
The Ministers of State Amendment Act 1980 (C2004A02366) was enacted to amend the existing Ministers of State Act 1952, addressing the need to update the financial provisions related to the salaries of Ministers of State in response to inflation and changes in the economic environment. This Act was passed by the Queen, with the concurrence of the Senate and the House of Representatives of the Commonwealth of Australia, and it received Royal Assent on 10 December 1980. The policy objective of this amendment was to ensure that the remuneration of Ministers remained appropriate and reflective of their roles and responsibilities within the government, thus maintaining their ability to effectively carry out their duties. The Act specifically increases the maximum salary for Ministers from $350,000 to $400,000, reflecting the economic adjustments over the intervening years.
Scope and Application
The Ministers of State Amendment Act 1980 applies to the Commonwealth of Australia, specifically targeting the salary provisions for Ministers of State as outlined in the Ministers of State Act 1952. This amendment is limited to altering the monetary amount of the salaries for Ministers, thus affecting the persons holding the office of Minister of State within the Australian government. The Act does not extend to any other entities, industries, or specific conduct or transactions beyond the scope of ministerial salaries. It is a federal Act and its application is restricted to the Commonwealth jurisdiction. The Act does not include any specific exclusions, exemptions, or thresholds beyond what is defined within the amendment itself. The amendment is direct and does not rely on subordinate instruments to extend or restrict its application, focusing solely on the increase of the salary cap for Ministers of State.
Key Provisions
The Ministers of State Amendment Act 1980 (Act) primarily amends the Ministers of State Act 1952, particularly in relation to the salaries of Ministers of State. Under section 3 of the Act, it revises the remuneration payable to Ministers, specifically by amending section 5 of the Principal Act to increase the salary cap from $350,000 to $400,000. This adjustment reflects the updated compensation rates for members of the government.
The Act imposes obligations on the government to ensure that the revised salary provisions are implemented correctly and that Ministers are compensated in accordance with the new rates. It mandates that any payment made to a Minister of State must adhere to the updated salary cap, ensuring that the remuneration aligns with the legislative changes introduced by this Act.
In the event of non-compliance with the amended salary provisions, the Act does not explicitly outline specific offences or penalties for breach. However, it is implied that any failure to adhere to the new salary rates could potentially lead to legal repercussions under the broader administrative and financial governance frameworks of the Commonwealth. Typically, non-compliance with legislative mandates regarding financial obligations could result in civil or administrative penalties, depending on the severity and intent behind the breach. It is essential for the government to ensure that all financial obligations are met as per the legislative requirements to avoid any legal consequences.