EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 138
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
NATIONAL CRIME AUTHORITY REGULATIONS (AMENDMENT)
The purpose of these amendments to the National Crime Authority Regulations (‘the NCA Regulations’) is to prescribe:
(a) the remuneration of the Chairman of the National Crime Authority;
(b) the travelling allowance and an annual expenses of offices allowance for the Chairman; and
(c) an annual displacement allowance for the Chairman and members of the National Crime Authority other than an additional member.
Notes on individual clauses are set out below.
Regulation 1: Commencement
This regulation provides that the National Crime Authority Regulations (Amendment) commences on 1 July 1989.
Regulation 2: Principal Regulations
This regulation defines ‘Principal Regulations’ to mean the NCA Regulations.
Regulation 3
This regulation repeals regulation 9 of the NCA Regulations which prescribes the travelling allowance for the Chairman and substitutes new regulations 9, 10 and 11.
New regulation 9 prescribes an annual salary equal to the annual salary payable from time to time to a Judge of the Federal Court for the Chairman for the purposes of subsection 38(1) of the National Crime Authority Act 1984 (‘the Act’).
New Regulation 10 provides that the travelling allowance payable to a Judge of the Federal Court and an annual expenses of office allowance equal to the annual expenses of office allowance payable from time to time to a Judge of the Federal Court are prescribed for the Chairman for the purposes of subsection 38(2) of the Act.
New regulation 11 prescribes an annual displacement allowance of $30,000 for the Chairman and members of the National Crime Authority, other than an additional member (i.e. a member holding an office created under subsection 7(8AA) of the Act). The displacement allowance is limited compensation for, for example, highly qualified and experienced members of the Bar disrupting their practices for short term appointments to the National Crime Authority and then having to re-establish themselves at the Bar at the end of their appointments.
Regulation 4: Schedule 1
This regulation amends Schedule 1 to the NCA Regulations by omitting from Form 3 the words or acting member.
Overview
The National Crime Authority Regulations (Amendment) 1989 were introduced to address the need for clearer and more equitable remuneration and allowances for the Chairman and members of the National Crime Authority (NCA). Enacted by the authority of the Attorney-General, these amendments to the National Crime Authority Regulations (the "NCA Regulations") were issued to provide specific provisions regarding the financial compensation for the Chairman and other members of the NCA. This legislative amendment was designed to ensure that the compensation packages are in line with those of similarly positioned judicial officers, thereby attracting and retaining suitably qualified and experienced individuals. The amendments also introduce a displacement allowance, aimed at compensating members for the disruption to their professional practices when they take up short-term appointments with the NCA. These changes reflect a policy objective to maintain the integrity and effectiveness of the NCA by ensuring its leadership and members are appropriately incentivized and supported.
Scope and Application
The National Crime Authority Regulations (Amendment) Statutory Rules 1989 No. 138, issued under the authority of the Attorney-General, amends the National Crime Authority Regulations to prescribe remuneration and allowances for the Chairman and other members of the National Crime Authority. This amendment applies to the Chairman and members of the National Crime Authority, a body established under the National Crime Authority Act 1984, with the primary objective of enhancing the remuneration and allowances for these positions to reflect the responsibilities and sacrifices involved. The amendments commence on 1 July 1989 and apply nationally as per the jurisdictional reach of the Commonwealth of Australia. The regulations specifically repeal and replace the existing provisions related to the travelling allowance for the Chairman with new provisions that align the Chairman's salary, travelling allowance, and annual expenses of office with those of a Judge of the Federal Court. Furthermore, an annual displacement allowance of $30,000 is prescribed for the Chairman and other members, excluding additional members, to compensate for professional disruptions and re-establishment costs.
Key Provisions
The National Crime Authority Regulations (Amendment) introduce key changes to the remuneration and allowances for the Chairman of the National Crime Authority (NCA). Regulation 9 stipulates that the Chairman’s annual salary will be equivalent to that of a Judge of the Federal Court, as set out in subsection 38(1) of the National Crime Authority Act 1984. Regulation 10 further specifies that the Chairman’s travelling allowance and annual expenses of office allowance will be set at the same levels as those for a Judge of the Federal Court, pursuant to subsection 38(2) of the Act. Regulation 11 introduces an annual displacement allowance of $30,000 for the Chairman and other members of the NCA, excluding additional members, intended to compensate for the disruption and re-establishment costs incurred by highly qualified professionals who temporarily leave their practices to serve on the NCA.
These regulations impose specific obligations on the NCA to ensure that the remuneration and allowances are aligned with those of Federal Court Judges. The NCA must also provide for the annual displacement allowance for the Chairman and other members. The amendment to Schedule 1 removes the term “or acting member” from Form 3, indicating that this displacement allowance is specifically for permanent members of the NCA, excluding those who act in a capacity temporarily.
Failure to comply with the provisions of these regulations may result in legal consequences, although the specific offences, penalties, or consequences are not detailed in the explanatory statement. Typically, such non-compliance could lead to civil or administrative penalties under the National Crime Authority Act 1984, depending on the nature and severity of the breach. For example, if the NCA fails to pay the prescribed allowances or remuneration, it may face legal action or penalties as prescribed under the Act. Additionally, if the NCA does not adhere to the terms of these regulations, it may be subject to review or enforcement actions by the relevant authorities.