Remuneration and Allowances Alteration Act 1986
No. 105 of 1986
An Act relating to certain remuneration and allowances
Contents
Part I—Preliminary
1 Short title
2 Commencement
Part II—Modifications of determinations of the Remuneration Tribunal
3 Allowances to be paid to office holders of the Parliament
4 Allowances to be paid to members of the Parliament
5 Entitlements of members of the Parliament
Part III—Amendments of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
6 Principal Act
7 Salaries and expenses of office allowances
8 Travelling allowances payable to Justices of the High Court
9 Additional allowance payable to certain Justices of the High Court
10 Travelling allowances payable to holders of certain offices
11 Travelling allowances payable to members of the Inter-State Commission
12 Allowance payable to Solicitor-General
13 Schedule
Part IV—Miscellaneous
14 Exclusion of subsection 7(8) of the Remuneration Tribunals Act 1973
Remuneration and Allowances Alteration Act 1986
No. 105 of 1986
An Act relating to certain remuneration and allowances
[Assented to 23 October 1986]
The Parliament of Australia enacts:
Part I—Preliminary
1 Short title
This Act may be cited as the Remuneration and Allowances Alteration Act 1986.
2 Commencement
(1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Parts II and III and section 14 shall be deemed to have come into operation on 1 July 1986.
Part II—Modifications of determinations of the Remuneration Tribunal
3 Allowances to be paid to office holders of the Parliament
(1) Determination No. 7 of 1986 of the Remuneration Tribunal dated 6 June 1986 is modified by omitting paragraph 1 and substituting the following paragraph:
1. Additional Salary and Expenses of Office Allowance.
Office
|
Rate per annum of Additional Salary
| Rate per annum of Expenses of Office Allowance |
| $ | $ |
Leader of the Opposition ............... | 26,261 | 12,068 |
President of the Senate ................ | 26,261 | 9,901 |
Speaker of the House of Representatives ..... | 26,261 | 9,901 |
Deputy Leader of the Opposition .......... | 15,024 | 9,901 |
Leader of the Opposition in the Senate ...... | 15,024 | 9,901 |
Leader of the Third Party in the House of Representatives |
10,015
|
9,901
|
Leader of a recognised non-Government party of at least 5 members not otherwise specified herein |
7,986
|
9,901
|
Chairman of Committees in the Senate ...... | 7,986 | 2,041 |
Chairman of Committees in the House of Representatives |
7,986
|
2,041
|
Deputy Leader of the Opposition in the Senate . | 7,571 | 2,041 |
Government Whip in the House of Representatives |
7,571
|
2,041
|
Opposition Whip in the House of Representatives |
6,624
|
2,041
|
Government Whip in the Senate .......... | 6,211 | 2,041 |
Opposition Whip in the Senate ........... | 6,211 | 2,041 |
Chairman, Joint Committee of Public Accounts | 5,915 | 2,041 |
Chairman, Parliamentary Standing Committee on Public Works |
5,915
|
2,041
|
Chairman, Joint Committee on Foreign Affairs and Defence |
5,915
|
2,041
|
Third Party Whip in the House of Representatives |
4,436
|
Nil
|
Leader in the Senate of the National Party .... | 4,436 | Nil |
Chairman, Joint Committee on the Australian Capital Territory |
2,218
|
2,041
|
Chairman, Parliamentary… |
Overview
The Remuneration and Allowances Alteration Act 1986 was enacted by the Parliament of Australia to address the need for modifications to certain remuneration and allowances paid to office holders and members of the Parliament, as well as to judicial and statutory officers. The Act amends previous determinations of the Remuneration Tribunal, specifically modifying the allowances for various parliamentary positions and updating the salaries and allowances for judicial officers. It also includes provisions for the recovery of overpayments made prior to the Act's enactment, ensuring that any excess payments are repaid to the Commonwealth. The primary objective of the Act is to ensure that remuneration and allowances are appropriately adjusted in line with prevailing economic conditions and legislative requirements, thereby maintaining fairness and consistency in the compensation of public officials.
Scope and Application
The Remuneration and Allowances Alteration Act 1986 applies to various office holders within the Australian Parliament and certain judicial officers, modifying their remuneration and allowances as specified. It affects Members of Parliament, including the Leader of the Opposition, President of the Senate, Speaker of the House of Representatives, and various other parliamentary roles, as well as Justices of the High Court and other judicial officers. The Act operates at the Commonwealth level and amends the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984, as well as modifying determinations of the Remuneration Tribunal. Specific exclusions include certain subsections of the Remuneration Tribunals Act 1973. The Act also provides for the recovery of overpayments of parliamentary salaries and superannuation benefits, with provisions for deductions from future payments. The Act came into operation on the day of Royal Assent, with specific provisions for certain parts and sections deemed to have commenced on 1 July 1986.
Key Provisions
- The Remuneration and Allowances Alteration Act 1986 (Cth) modifies certain determinations of the Remuneration Tribunal, primarily affecting the remuneration of office holders and members of the Parliament of Australia. Under sections 3, 4, and 5, it alters allowances for office holders such as the Leader of the Opposition, President of the Senate, and Speaker of the House of Representatives, among others. It also adjusts the basic salary for Senators and members of the House of Representatives (section 4), and modifies entitlements for members of the Parliament (section 5).
- This Act imposes specific financial obligations on the Commonwealth to pay adjusted salaries and allowances as outlined in the modified determinations. It mandates that these changes are to be applied retroactively as if they were original determinations of the Remuneration Tribunal. Additionally, the Act amends the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 (section 6), adjusting salaries and allowances for various judicial officers, including Justices of the High Court and members of the Inter-State Commission. Furthermore, it changes the method of determining the allowance payable to the Solicitor-General, replacing a fixed rate with a rate determined by the Remuneration Tribunal (section 12).
- Failure to comply with the financial obligations and allowances specified by the Act may lead to recovery of overpayments as outlined in section 15. If a person has been overpaid parliamentary salary or superannuation benefits due to the Act, they are liable to repay the excess amount to the Commonwealth. This recovery can be pursued as a debt in a court of competent jurisdiction or deducted from future payments of parliamentary salary or superannuation benefits. No specific criminal penalties are stated in the Act for breaches of its provisions; however, the financial recovery process serves as a deterrent to non-compliance.
- Area of Law
- Remuneration Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Offence Provisions
- Regulatory Standards
- Reporting & Disclosure Obligations
- Repeal & Amendment