Overseas Telecommunications Commission Regulations (Amendment)

Legislation au C2004L05696 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

   STATUTORY RULES 1982 NO 93

Issued by the Authority of the Minister for Communications

It is provided in Sub-Section 7 of Section 18 of the Overseas Telecommunications Act 1946, that the rate of salary of an officer of the Overseas Telecommunications Commission (Australia) (other than the General Manager) shall if it exceeds the prescribed rate, be subject to the approval of the Minister for Communications.

Regulation 8A of the Overseas Telecommunications Commission Regulations provides that the prescribed rate is the higher of the following rates:

(a) the rate of $31,381 per annum;

(b) the highest rate per annum in the scale of rates specified in respect of the office of Engineer, Class 5, in the Third Division of the Australian Public Service (Salaries) Regulations as in force at the time the Commission makes its salary determination.

The purpose of this Statutory Rule is to amend the existing rate prescribed in paragraph (a) of Regulation 8A to $35,300 per annum.

Overview

The Statutory Rules 1982 No. 93, issued under the authority of the Minister for Communications, amends the Overseas Telecommunications Commission Regulations to update the prescribed salary rate for officers of the Overseas Telecommunications Commission (Australia). Enacted to address the need for periodic adjustments to salary thresholds in line with economic changes and to ensure competitiveness within the public service, this amendment specifically adjusts the prescribed rate from $31,381 to $35,300 per annum, aligning it with current remuneration standards. The purpose of this statutory rule is to reflect contemporary salary benchmarks, thereby facilitating the retention and attraction of qualified personnel within the Commission. This adjustment is intended to support the effective administration of overseas telecommunications services in alignment with broader public service salary structures.

Scope and Application

The statutory rule issued under the authority of the Minister for Communications amends the Overseas Telecommunications Act 1946, specifically addressing the salary rate for officers of the Overseas Telecommunications Commission (Australia), excluding the General Manager. The rule modifies the prescribed rate of salary as outlined in Regulation 8A of the Overseas Telecommunications Commission Regulations, raising it from $31,381 to $35,300 per annum. This amendment ensures that the salary of such officers, if it exceeds this newly set rate, requires the Minister for Communications' approval. The rule applies nationally across Australia, encompassing all officers of the Commission who fall under the specified criteria. It does not explicitly exclude any particular persons, entities, or industries, but rather it is directed at the salary determinations within the Commission. The rule does not provide any specific exclusions or thresholds beyond the specified salary rate and the requirement for ministerial approval when this rate is exceeded.

Key Provisions

The Statutory Rules 1982 No 93, issued under the authority of the Minister for Communications, amend the Overseas Telecommunications Act 1946. Specifically, Section 7 of Section 18 of the Act is modified to adjust the prescribed salary rate for officers of the Overseas Telecommunications Commission (OTC), excluding the General Manager. This adjustment is detailed in Regulation 8A of the Overseas Telecommunications Commission Regulations, which sets the prescribed salary rate as the higher of two amounts: $31,381 per annum or the highest rate for an Engineer, Class 5, in the Third Division of the Australian Public Service (Salaries) Regulations. The amendment increases this rate to $35,300 per annum. The Act imposes specific obligations on the Overseas Telecommunications Commission (OTC) regarding the salary determination for its officers. The OTC must ensure that any salary exceeding the prescribed rate is approved by the Minister for Communications, as mandated by Section 7 of Section 18 of the Act. This approval process ensures that any salary adjustments comply with the statutory framework and are subject to ministerial oversight. Regulation 8A further clarifies that the OTC must base its salary determinations on the highest applicable rate between the fixed amount and the scale of rates for Engineers, Class 5, in the Australian Public Service. The Statutory Rules also establish consequences for non-compliance with the amended salary provisions. While the text does not explicitly outline specific offences or penalties, it is reasonable to infer that failure to adhere to the new prescribed salary rate or the approval process for salaries exceeding this rate could lead to legal ramifications. Typically, such breaches might result in administrative penalties or other corrective actions as deemed appropriate by the Minister for Communications. The exact nature of these penalties or consequences would depend on further legislative provisions or administrative guidelines issued under the authority of the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.