Ministers of State Amendment Act 1990
No. 109 of 1990
An Act to amend the Ministers of State Act 1952
[Assented to 18 December 1990]
[Date of commencement 17 January 1991]
The Parliament of Australia enacts:
Short title etc.
1. (1) This Act may be cited as the Ministers of State Amendment Act 1990.
(2) In this Act, “Principal Act” means the Ministers of State Act 19521.
Salaries of Ministers
2. Section 5 of the Principal Act is amended by omitting “shall not exceed $820,000” and substituting:
“must not exceed:
(a) in the financial year that commenced on 1 July 1990—$1,376,000; or
(b) in a subsequent financial year—$1,477,000”.
NOTE
1. No. 1, 1952, as amended. For previous amendments, see No. 1, 1956; No. 18, 1959; Nos. 1 and 71, 1964; No. 93, 1966 (as amended by No. 3, 1967); No. 1, 1967; No. 102, 1968; No. 43, 1971; No. 14, 1973 (as amended by No. 216, 1973); No. 216, 1973 (as amended by No. 20, 1974); No. 82, 1978; No. 141, 1979; No. 165, 1980; No. 121, 1981; No. 78, 1982; No. 128, 1983; No. 73, 1984; No. 56, 1985; No. 26, 1986; Nos. 71 and 91, 1987; No. 19, 1988; and No. 20, 1989.
[Minister’s second reading speech made in—
House of Representatives on 7 November 1990
Senate on 14 November 1990]
Overview
The Ministers of State Amendment Act 1990 was enacted by the Parliament of Australia to amend the existing Ministers of State Act 1952, specifically addressing the issue of ministerial salaries. The Act was introduced to adjust the salary caps for Ministers of State in response to economic conditions and the cost of living. This legislative amendment aimed to ensure that the remuneration of Ministers remained competitive and reflective of the prevailing financial circumstances. The new salary limits were set to commence from the financial year beginning on 1 July 1990, with subsequent adjustments for the following years.
Scope and Application
The Ministers of State Amendment Act 1990 serves as a legislative instrument to amend the existing provisions of the Ministers of State Act 1952. It specifically targets the financial compensation of ministers within the Australian Commonwealth government, adjusting their salary caps to reflect changes in the financial year starting from 1 July 1990. The Act applies to all ministers of the Crown in the Commonwealth of Australia and modifies their remuneration structure as outlined in the Principal Act. The geographic and jurisdictional reach of this Act is limited to the federal level, thus it applies across the Commonwealth of Australia. The Act does not provide for any specific exclusions, exemptions, or thresholds other than those stipulated in the amended salary caps. While the Act itself provides for direct amendments to the salary of ministers, it does not explicitly extend or restrict its application through subordinate instruments. The Act came into effect on 17 January 1991, following its assent on 18 December 1990.
Key Provisions
The Ministers of State Amendment Act 1990 amends the existing Ministers of State Act 1952, primarily by adjusting the salary caps for ministers of state. Section 2 of the Act specifically modifies the salary limits outlined in Section 5 of the Principal Act, which originally capped the salary at $820,000. The amendment now stipulates that the salary must not exceed $1,376,000 for the financial year commencing on 1 July 1990 and $1,477,000 for subsequent financial years.
This Act imposes clear financial limits on the salaries of ministers, ensuring that compensation remains within specified parameters. The updated salary caps reflect the economic context and changes in remuneration standards since the original Act was enacted. The amendment applies retroactively to the financial year that began on 1 July 1990, as well as prospectively for future years.
The Act does not explicitly outline penalties for non-compliance with the salary provisions. However, failure to adhere to the stipulated salary caps could result in legal scrutiny and potential consequences under general employment law and ministerial conduct regulations. The precise repercussions would depend on the specific circumstances and the applicable laws at the time of any alleged breach.
In summary, the Ministers of State Amendment Act 1990 serves to update the salary limits for ministers of state, ensuring that their remuneration remains aligned with contemporary economic standards. This adjustment is both retrospective and prospective, applying to the financial year starting on 1 July 1990 and to all subsequent years. While the Act itself does not specify penalties for non-compliance, any breaches could still be subject to legal consequences under broader employment and ministerial conduct laws.