Statutory Rules
1979 No. 149
REGULATIONS UNDER THE NORFOLK ISLAND ACT 197911
WHEREAS sub-section 65 (1) of the Norfolk Island Act 1979 provides that a person shall, in respect of his services in an office to which section 65 of that Act applies, be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed:
AND WHEREAS no determination of that remuneration by the Tribunal is in operation:
AND WHEREAS sub-section 65 (2) of the Norfolk Island Act 1979 provides that, in respect of his services in an office to which section 65 of that Act applies, a person shall be paid such allowances as are prescribed:
AND WHEREAS sub-section 65 (4) of of the Norfolk Island Act 1979 provides that section 65 of that Act applies to an office of member of the Legislative Assembly, member of the Executive Council or executive member, or any other office in or in connection with the Assembly that can be held only by a member of the Assembly:
NOW THEREFORE I, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Norfolk Island Act 1979.
Dated this second day of August 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
R. ELLICOTT
Minister of State for Home Affairs
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NORFOLK ISLAND (REMUNERATION AND ALLOWANCES)
REGULATIONS
1 Citation
These Regulations may be cited as the Norfolk Island (Remuneration and Allowances) Regulations.
2 Commencement
These Regulations shall come into operation on the date fixed under sub-section 2 (2) of the Norfolk Island Act 1979.
3 Remuneration
The remuneration of a person in respect of his services in the office of member of the Legislative Assembly is at the rate of $4,000 per annum.
4 Allowance
A person holding an office referred to in regulation 3 who is absent from Norfolk Island on business of the Legislative Assembly approved by the Legislative Assembly shall be paid an allowance of $53 in respect of each night of absence from Norfolk Island.
1. Notified in the Commonwealth of Australia Gazette on 6 August 1979.
Overview
The Norfolk Island (Remuneration and Allowances) Regulations, made under the Norfolk Island Act 1979, address the need for prescribed remuneration and allowances for certain public officers on Norfolk Island where no determination of remuneration by the Remuneration Tribunal is in operation. Enacted by the Governor-General of the Commonwealth of Australia, these regulations establish the remuneration for members of the Legislative Assembly at $4,000 per annum and set an allowance of $53 per night for those absent from Norfolk Island on Legislative Assembly business. The objective is to ensure that public officers are adequately compensated for their services, thereby maintaining the effective functioning of the Norfolk Island government.
Scope and Application
The Norfolk Island (Remuneration and Allowances) Regulations establish the remuneration and allowances for specific positions within Norfolk Island's legislative framework, specifically for members of the Legislative Assembly, members of the Executive Council, executive members, and other designated offices that can only be held by members of the Assembly. These regulations apply to individuals who serve in these positions and who are governed by the Norfolk Island Act 1979. The remuneration and allowances are applicable solely within the territorial jurisdiction of Norfolk Island, as defined by the Act. These Regulations also outline that if the Remuneration Tribunal has not made a determination regarding the remuneration for these positions, the prescribed rates set out in the Regulations will apply. Furthermore, these regulations provide for allowances for members who are absent from Norfolk Island on Legislative Assembly business, with a specified rate per night of absence. Subordinate instruments may extend or further detail the application of these regulations, but the primary scope and application are confined to the prescribed remuneration and allowances for the specified positions on Norfolk Island.
Key Provisions
The Norfolk Island (Remuneration and Allowances) Regulations establish the financial entitlements for individuals serving in specific offices on Norfolk Island, as outlined in section 65 of the Norfolk Island Act 1979. Under these regulations, section 3 specifies that the annual remuneration for a member of the Legislative Assembly is $4,000. Additionally, section 4 provides that an allowance of $53 per night is payable to a member of the Legislative Assembly who is absent from Norfolk Island on business approved by the Legislative Assembly. These provisions ensure that members of the Legislative Assembly are compensated for their services and any expenses incurred while away from Norfolk Island on approved business.
The obligations imposed by these regulations on the relevant parties are straightforward. For instance, members of the Legislative Assembly who undertake approved business away from Norfolk Island must ensure their absence is sanctioned by the Legislative Assembly to be eligible for the specified allowance. The regulations require accurate record-keeping and reporting of absences and expenses to substantiate claims for the allowance. These obligations are designed to maintain transparency and accountability in the financial entitlements of Norfolk Island Legislative Assembly members.
Breach of these regulations could lead to civil consequences, although the specific penalties are not detailed within the text provided. Generally, failure to adhere to the stipulated allowances and remuneration rules might result in the denial of claims for reimbursement and could potentially lead to financial audits or investigations. While the exact penalties are not specified in the provided text, any significant discrepancies or non-compliance might attract scrutiny from relevant authorities, leading to corrective measures or financial repercussions for the offending parties.