EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 270
Issued by the Authority of the Attorney-General
National Crime Authority Act 1984
National Crime Authority Regulations (Amendment)
The purpose of the amendment is to allow a displacement allowance to be paid to the next Chairman of the National Crime Authority, who was appointed both as Chairman and as a Federal Court Judge by the Executive Council on 14 August 1990.
The details of the amendments are as follows:
Regulation 1 provides that the Regulations are taken to have commenced on 14 August 1990, the date of the appointment of the Chairman. This is consistent with section 48 (2) of the Acts Interpretation Act 1901 in that no person (other than the Commonwealth) is disadvantaged by the amendments.
Regulation 2 provides that the National Crime Authority Regulations (“the principal Regulations”) will be amended by these Regulations*
Regulation 3 will amend regulation 9 of the principal Regulations which prescribe the remuneration for the Chairman as being equal to the annual salary payable from time to time to a Judge of the Federal Court. This will now only apply where the Chairman does not receive a salary as a Judge.
Regulation 4 will replace regulation 10 of the principal Regulations with a provision which provides that where a Chairman is not receiving a salary or annual allowance as a Judge then he or she receives a travelling allowance and annual expenses of office equal to those received from time to time by a Federal Court Judge together with a $50/000 annual displacement allowance. It will also provide that where a Chairman is receiving a salary or annual allowances as a Federal Court Judge, then he or she is to receive a $50,000 annual displacement allowance. The next Chairman will fit this latter category.
Regulation 5 will replace regulation 11 of the principal Regulations with a provision which provides that a member who is not the Chairman will receive an annual displacement allowance of $30,000.00. This allowance currently applies to all members including the Chairman.
| Authority: | Section 38 (2) of the National Crime Authority Act 1984 |
Overview
The National Crime Authority Act 1984 was enacted to address the need for a robust body to investigate and combat serious and complex criminal activities, particularly those involving organised crime. This legislation established the National Crime Authority (NCA) to function as an independent statutory body, empowered to conduct investigations and coordinate efforts to combat national crime. The Act was introduced to fill the legislative gap by providing a centralised and empowered authority capable of addressing multifaceted criminal activities that spanned multiple jurisdictions. The enacting body for this Act is the Parliament of Australia, with the policy objective being to enhance the capability of law enforcement agencies to tackle organised crime effectively. The legislative framework was designed to ensure that the NCA could operate with sufficient autonomy and resources to conduct thorough investigations and prosecutions.
The National Crime Authority Regulations (Amendment) Statutory Rules 1990 No 270, issued under the authority of the Attorney-General, provide amendments to the remuneration and allowances for the Chairman of the NCA. These amendments were necessitated by the dual appointment of the Chairman as both a Federal Court Judge and the head of the NCA. The Regulations ensure that the Chairman receives appropriate compensation, including a displacement allowance, to account for the additional responsibilities and potential conflicts arising from the dual role. This amendment ensures that the Chairman's remuneration remains competitive and reflective of the unique demands of the position, thereby maintaining the integrity and effectiveness of the NCA.
Scope and Application
The National Crime Authority Regulations (Amendment) Statutory Rules 1990 No 270 pertains specifically to the remuneration and allowances for the Chairman of the National Crime Authority, as well as other members of the Authority, under the National Crime Authority Act 1984. This amendment addresses the financial compensation for the Chairman who holds a dual appointment as a Federal Court Judge, ensuring that the displacement allowance is appropriately structured. The Regulations apply to the Chairman and other members of the National Crime Authority, modifying their allowances based on their judicial status. The amendment also ensures compliance with section 48(2) of the Acts Interpretation Act 1901, ensuring no person is disadvantaged by these changes. The Regulations amend the principal National Crime Authority Regulations to adjust the Chairman's remuneration to account for their dual role, providing a specific allowance if they are receiving a salary as a Federal Court Judge. Additionally, it sets out a $50,000 annual displacement allowance for the Chairman and a $30,000 allowance for other members, contingent on their judicial status. These changes apply nationally, given the scope of the National Crime Authority Act and its jurisdictional reach.
Key Provisions
The National Crime Authority Regulations (Amendment) Statutory Rules 1990 No. 270 primarily focus on amending the remuneration provisions for the Chairman of the National Crime Authority. Regulation 2 of the amending rules specifies that the National Crime Authority Regulations, hereinafter referred to as the principal Regulations, will be altered by these amendments. Regulation 3 modifies regulation 9 of the principal Regulations to state that the Chairman's remuneration will be equal to the annual salary of a Federal Court Judge, but only if the Chairman is not receiving a salary as a Judge (Reg. 3). Regulation 4 replaces regulation 10 to stipulate that if the Chairman is not receiving a salary or annual allowance as a Federal Court Judge, they will receive a travelling allowance and annual expenses of office equal to those received by a Federal Court Judge, plus an annual displacement allowance of $50,000. However, if the Chairman is receiving a salary or annual allowances as a Federal Court Judge, they will only receive the $50,000 annual displacement allowance (Reg. 4). This amendment particularly benefits the next Chairman, who fits the latter category. Regulation 5 replaces regulation 11 to ensure that members who are not the Chairman will receive an annual displacement allowance of $30,000 (Reg. 5).
These amendments impose specific obligations on the parties governed by the Act. The Chairman of the National Crime Authority, in the context of these regulations, must ensure that their remuneration is appropriately aligned with either the salary of a Federal Court Judge or the stipulated allowances, depending on their judicial status. Additionally, the Authority must ensure that the financial provisions outlined in the regulations are adhered to, particularly regarding the displacement allowances for the Chairman and other members. These obligations ensure that the remuneration and allowances are clearly defined and that the Authority remains compliant with the statutory requirements.
Failure to adhere to the provisions set out in these regulations may result in legal repercussions. Although the explanatory statement does not explicitly outline offences or penalties for non-compliance, breaches of statutory provisions in Australian law can lead to civil or criminal consequences depending on the severity and intent of the breach. For the National Crime Authority and its members, non-compliance with these remuneration and allowance regulations could potentially result in financial penalties, legal action, or other administrative consequences as determined by the relevant authorities. It is essential for the Authority to ensure strict adherence to these provisions to avoid any legal ramifications.