EXPLANATORY STATEMENT
Issued by the Authority of the Assistant Minister to the Prime Minister and Cabinet
Remuneration Tribunal Act 1973
Remuneration Tribunal Act 1973 – Prescription of a non-corporate Commonwealth entity for the purposes of Recoverable Payments
Outline
The Remuneration Tribunal Act 1973 establishes the Remuneration Tribunal (s 4(1)) to inquire into, and report to the Minister on, matters outlined in the Act (s 5(1)). The Act confers certain powers on the Remuneration Tribunal to inquire into, and determine, the remuneration to be paid to the holders of public offices other than holders of those offices who are members of, or candidates for election to either House of the Parliament (s 7(3)).
Pursuant to s 16A(8) of the Act the Minister may, by legislative instrument, prescribe a non-corporate Commonwealth entity for the purposes of paragraph (b) of the definition of ‘relevant Commonwealth entity’ in s 16A(6).
The purpose of the Remuneration Tribunal Act 1973 – Prescription of a non-corporate Commonwealth entity for the purposes of Recoverable Payments is to prescribe the Treasury, a non-corporate Commonwealth entity, as the relevant Commonwealth entity for the purposes of recoverable payments in relation to the recovery under s 16A(1) of the Act of an amount paid by the National Competition Commission.
The Remuneration Tribunal Act 1973 – Prescription of a non-corporate Commonwealth entity for the purposes of Recoverable Payments commences on the start of the day after the instrument is registered.
Consultation was undertaken with the Australian Competition and Consumer Commission, the National Competition Commission, the Department of the Prime Minister and Cabinet, the Department of Finance, the Treasury and the Australian Government Solicitor. The amendments are of minor nature and public consultations were not undertaken.
Authority: Section 16A(8) of the Remuneration Tribunal Act 1973
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Remuneration Tribunal Act 1973 – Prescription of a non-corporate Commonwealth entity for the purposes of Recoverable Payments
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Disallowable Legislative Instrument
The Remuneration Tribunal Act 1973 establishes the Remuneration Tribunal (s 4(1)) to inquire into, and report to the Minister on, matters outlined in the Act (s 5(1)). The Act confers certain powers on the Remuneration Tribunal to inquire into, and determine, the remuneration to be paid to the holders of public offices other than holders of those offices who are members of, or candidates for election to either House of the Parliament (s 7(3)).
Pursuant to s 16A(8) of the Act the Minister may, by legislative instrument, prescribe a non-corporate Commonwealth entity for the purposes of paragraph (b) of the definition of ‘relevant Commonwealth entity’ in s 16A(6).
The purpose of the Remuneration Tribunal Act 1973 – Prescription of a non-corporate Commonwealth entity for the purposes of Recoverable Payments is to prescribe the Treasury, a non-corporate Commonwealth entity, as the relevant Commonwealth entity for the purposes of recoverable payments in relation to the recovery under s 16A(1) of the Act of an amount paid by the National Competition Commission.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.