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.
Overview
The Remuneration Tribunal Act 1973 was enacted to establish the Remuneration Tribunal, which is responsible for inquiring into and reporting on matters related to the remuneration of public office holders, excluding those who are members or candidates for election to either House of the Parliament. The Act allows the Minister to prescribe a non-corporate Commonwealth entity for the purposes of recoverable payments, facilitating the recovery of certain payments made by the National Competition Commission. This legislative instrument, introduced by the Assistant Minister to the Prime Minister and Cabinet, aims to prescribe the Treasury as the relevant Commonwealth entity for the purposes of recoverable payments. It was developed following consultations with relevant entities, including the Australian Competition and Consumer Commission and the Department of the Prime Minister and Cabinet, and has been reviewed to ensure compatibility with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Remuneration Tribunal Act 1973 – Prescription of a non-corporate Commonwealth entity for the purposes of Recoverable Payments applies to the Treasury, which is designated as a relevant Commonwealth entity for the purposes of recovering payments related to amounts paid by the National Competition Commission. This Act enables the Minister, pursuant to section 16A(8) of the Remuneration Tribunal Act 1973, to prescribe the Treasury as a non-corporate Commonwealth entity for recoverable payments. The Act's jurisdictional reach is limited to the Commonwealth, and it specifically excludes members or candidates for election to either House of Parliament from its purview regarding the determination of remuneration for public office holders. The Act extends its application through the legislative instrument, which becomes effective on the day after registration. Although the amendments are minor, consultations with relevant entities such as 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 were conducted to ensure the instrument's compatibility with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Remuneration Tribunal Act 1973 – Prescription of a non-corporate Commonwealth entity for the purposes of Recoverable Payments (F2020L00749) primarily serves to amend the Remuneration Tribunal Act 1973. It allows the Minister to prescribe the Treasury, a non-corporate Commonwealth entity, as the relevant entity for recoverable payments (s 16A(8)). This amendment is critical for facilitating the recovery of amounts paid by the National Competition Commission under section 16A(1) of the Act (s 16A(6)(b)). The Act prescribes the Treasury as the entity responsible for recoverable payments, ensuring that the process of recovering payments is streamlined and clearly defined.
The Act imposes specific obligations on the Minister and the Treasury. The Minister must utilise their power under section 16A(8) to prescribe the Treasury as the relevant Commonwealth entity for recoverable payments (s 16A(8)). This ensures that the process for recovering payments made by the National Competition Commission is legally sound and that there is a clear entity responsible for handling these payments. The Treasury, as the prescribed entity, must comply with any instructions or requirements laid down by the Minister under the Act to facilitate these recoverable payments. This includes maintaining accurate records and reporting as necessary to ensure transparency and accountability.
Breaching the obligations outlined in the Act may have significant legal consequences. While the explanatory statement does not explicitly detail specific offences or penalties, the seriousness of the Act’s purpose implies that any failure to comply with the prescribed procedures could result in legal repercussions. The implications of non-compliance might include administrative penalties or legal challenges that could affect the recovery of payments. The precise penalties, however, would be determined based on the specific nature of the breach and the applicable laws governing administrative compliance and financial recovery processes.