Ministers of State Regulation 2012

Overview

The Ministers of State Regulation 2012 was enacted to address the need for specific regulation under the Ministers of State Act 1952. This legislative instrument was developed by the Australian government to establish particular rules and guidelines for the administration and management of ministers of state. The regulation was formulated and approved by the relevant authority, with the aim of providing clarity and direction in the execution of ministerial duties and responsibilities. The policy objective of the regulation is to ensure that the operations and activities of ministers of state are carried out in accordance with the law and within the confines of their respective roles and responsibilities. The regulation applies to all ministers of state within the Australian government and aims to facilitate effective governance and administration in the country. The regulation was made under the authority of the Ministers of State Act 1952 and was registered as Select Legislative Instrument No. 34, 2012. It was subsequently amended in 2017, with the updated version registered as F2017L00678. The regulation is designed to complement the overarching provisions of the Act and to provide specific guidelines for the administration of ministers of state. The regulation has been compiled to show the text of the law as amended and in force as of 17 June 2017, with details of uncommenced amendments, application, saving, and transitional provisions, editorial changes, modifications, and self-repealing provisions included in the endnotes.

Scope and Application

The Ministers of State Regulation 2012 applies to the financial entitlements of Ministers of State in Australia, as prescribed under the Ministers of State Act 1952. The regulation specifically sets out the amount of $5,500,000 for the salaries of Ministers, as referenced in paragraph 5(b) of the Act. This regulation applies nationally across Australia, encompassing federal ministers, and its provisions are enforceable throughout the Commonwealth. The regulation does not explicitly state any exclusions or exemptions, but the scope of its application is inherently tied to the roles and remuneration of Ministers of State. The regulation can be extended or restricted through subordinate instruments, such as amendments to the Act or further legislative instruments that might modify the financial entitlements of ministers. It is important to note that any uncommenced amendments are not reflected in this compilation but can be accessed on the Legislation Register. The regulation is part of a compilation that includes amendments up to a specific date, with editorial changes authorised by the Legislation Act 2003 to ensure clarity and presentation without altering the law's effect. The endnotes provide detailed information about the legislative history, amendment history, and any application, saving, or transitional provisions that might affect the operation of the regulation. The compiled law operates as modified by any other laws, although such modifications are not reflected in the text of this compilation. This regulatory framework ensures that the financial entitlements of Ministers of State are clearly defined and consistently applied across the Commonwealth.

Key Provisions

The Ministers of State Regulation 2012 (the Regulation) prescribes the amount of the maximum salary of Ministers under the Ministers of State Act 1952 (the Act) (reg 4). The Act provides that the salary of a Minister is to be the amount prescribed by the Regulation for paragraph 5(b) of the Act (s 5(b), Act). The Regulation prescribes the amount of $5,500,000 as the maximum salary of a Minister (reg 4). This means that no Minister can be paid a salary higher than $5,500,000. The Regulation imposes obligations on the Commonwealth to ensure that the salary of any Minister does not exceed the prescribed amount. This is to maintain the integrity of the salary structure for Ministers and to ensure that the remuneration is consistent with the responsibilities and duties of the position. The Regulation also requires the Commonwealth to comply with the Act and any other relevant legislation in relation to the remuneration of Ministers. There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulation for breach of its provisions. However, breaches of the Act or other relevant legislation in relation to the remuneration of Ministers may result in civil or criminal penalties. For example, under the Public Service Act 1999, a person who is guilty of an offence against the Act may be subject to a penalty of up to $21,000 for an individual or $105,000 for a body corporate. Additionally, under the Criminal Code, a person who is found guilty of an offence against the Act may be subject to imprisonment for up to five years or a fine of up to $210,000 for an individual or $1,050,000 for a body corporate. It is important for the Commonwealth to ensure compliance with the Regulation and the Act to avoid any potential legal or financial consequences. Failure to do so may result in legal action being taken against the Commonwealth or its officers, which may result in financial penalties or other consequences.