Remuneration and Allowances Amendment Act 1982

Administered by Department of Finance

Legislation au C2004A02637 Not in force Act

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No. 78 of 1982

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—AMENDMENTS OF THE REMUNERATION AND ALLOWANCES ACT 1973

3. Principal Act

4. Salaries and allowances of certain office holders

5. Travelling allowance payable to the Chief Justice and Justices of the High Court

6. Additional allowance payable to certain Justices of the High Court

7. Travelling allowances payable to holders of certain offices

8. Schedule 3

PART III—SALARIES OF MINISTERS OF STATE

9. Principal Act

10. Salaries of Ministers

PART IV—AMENDMENTS OF THE REMUNERATION TRIBUNALS ACT 1973

11. Principal Act

12. Interpretation

13. Inquiries and determinations by Tribunal

14. Insertion of new section—

7a. Determinations relating to certain Norfolk Island public office holders

Remuneration and Allowances Amendment Act 1982

No. 78 of 1982

An Act relating to certain remuneration and allowances

[Assented to 19 September 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Remuneration and Allowances Amendment Act 1982.

Commencement

2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) The amendments made by Part II shall be deemed to have taken effect on 1 July 1982.

PART II—AMENDMENTS OF THE REMUNERATION AND ALLOWANCES ACT 1973

Principal Act

3. The Remuneration and Allowances Act 19731 is in this Part referred to as the Principal Act.

Salaries and allowances of certain office holders

4. Section 13 of the Principal Act is amended by omitting sub-sections (4), (5) and (7) and substituting the following sub-section:

“(4) If the person who holds the office of Chief Judge of the Supreme Court of Norfolk Island also holds the office of a Judge (other than the Chief Judge) of the Federal Court of Australia, he shall, while he continues to hold both those offices, receive, in respect of his office of Chief Judge of the Supreme Court of Norfolk Island, in addition to the salary and annual allowance by which he is remunerated in respect of the other office held by him, an annual allowance at the rate of $500 per annum.”.

Travelling allowance payable to the Chief Justice and Justices of the High Court

5. Section 13a of the Principal Act is amended—

(a) by omitting from sub-paragraph (4) (a) (i) “$98” and “$75” and substituting “$120” and “$85”, respectively;

(b) by omitting from sub-paragraph (4) (a) (ii) and from paragraph (4) (b) “$25” and substituting “$27”; and

Additional allowance payable to certain Justices of the High Court

6. Section 13b of the Principal Act is amended—

(a) by adding at the end of paragraph (1) (a) “and”;

(b) by omitting paragraphs (1) (b) and (c) and substituting the following paragraph:

“(b) whose sole or principal place of residence was at the time when his appointment, or his first appointment, as the case may be, to any such judicial office took effect, and has at all subsequent times been, at a place outside, but not in a part of New South Wales that is adjacent to or in the vicinity of, the Australian Capital Territory,”; and

Travelling allowances payable to holders of certain offices

7. Section 13c of the Principal Act is amended—

(a) by inserting after “duties” in sub-section (3) “(including duties of any other office held by him)”;

(b) by omitting from paragraph (4) (a) (i) “$90” and “$70” and substituting “$110” and “$80”, respectively;

(d) by inserting after “duties” first occurring in sub-section (5) “(including duties of any other office held by him)”; and

(e) by omitting sub-section (7).

Schedule 3

8. Schedule 3 to the Principal Act is repealed and the following Schedule is substituted:

SCHEDULE 3 Section 13

Column 1	Column 2	Column 3
Office	Rate per annum of salary	Rate per annum of annual allowance
	$	$
PART I
Chief Justice of the High Court..........................	93,000	5,000
Justice (other than the Chief Justice) of the High Court..........	84,500	4,500
PART II
Chief Judge of the Federal Court of Australia................	78,000	4,500
Chief Justice of the Supreme Court of the Australian Capital Territory	73,500	4,500
Chief Judge of the Family Court of Australia.................	71,500	4,000
Chairman of the Commonwealth Grants Commission...........	71,500	4,000
Judge (other than the Chief Judge) of the Federal Court of Australia..	71,500	4,000
Judge (other than the Chief Justice) of the Supreme Court of the Australian Capital Territory	71,500	4,000
Senior Judge of the Family Court of Australia................	64,500	3,500
Judge (other than the Chief Judge or a Senior Judge) of the Family Court of Australia	60,500	3,500
Judge (other than the Chief Judge) of the Australian Industrial Court.	60,000	3,500

PART III—SALARIES OF MINISTERS OF STATE

Principal Act

9. The Ministers of State Act 19522 is in this Part referred to as the Principal Act.

Salaries of Ministers

10. Section 5 of the Principal Act is amended by omitting “$452,000” and substituting “$575,000”.

PART IV—AMENDMENTS OF THE REMUNERATION TRIBUNALS ACT 1973

Principal Act

11. The Remuneration Tribunals Act 19733 is in this Part referred to as the Principal Act.

Interpretation

12. Section 3 of the Principal Act is amended—

(a) by inserting before the definition of “Chairman” in sub-section (1) the following definition:

“‘Aboriginal Corporation of the National Aboriginal Conference’ means the corporation of that name established under the Aboriginal Councils and Associations Act 1976;”;

(b) by inserting after paragraph (4) (d) the following paragraph:

“(da) an appointment as a director of an incorporated company limited by guarantee where the interests and rights of the members in or in relation to the company are beneficially owned by the Commonwealth, being an appointment that is specified by the Minister, by a notice in writing given to the Chairman, to be an appointment to which this Part is to apply;”;

(d) by omitting from paragraph (4) (f) “or” (last occurring); and

(e) by inserting after paragraph (4) (f) the following paragraph:

“(fa) an office of member of the Aboriginal Corporation of the National Aboriginal Conference; or”.

Inquiries and determinations by Tribunal

13. (1) Section 7 of the Principal Act is amended—

(a) by inserting in sub-section (7) “(other than a determination referred to in section 7a)” after “determination” (first occurring);

(b) by omitting from paragraph (9) (a) “and” (last occurring);

“(aa) in the case of remuneration or allowances payable to a person who holds an office of Magistrate within the meaning of the law of the Northern Territory known as the Justices Act as in force from time to time—be paid in accordance with the determination out of public moneys of the Territory within the meaning of Part V of the Northern Territory (Self-Government) Act 1978;

“(ab) in the case of remuneration or allowances payable to a person who holds—

(i) an office that, within the meaning of the Norfolk Island Act 1979, is an office of member of the Legislative Assembly, member of the Executive Council or executive member; or

(ii) an office in or in connection with the Legislative Assembly of Norfolk Island that can be held only by a member of that Assembly,

be paid in accordance with the determination out of the Public Account of Norfolk Island established under section 47 of the Norfolk Island Act 1979;

“(ac) in the case of remuneration or allowances payable to a person who holds an office of member of the Aboriginal

Corporation of the National Aboriginal Conference—be paid in accordance with the determination out of funds under the control of the Corporation that are lawfully available to pay the remuneration or allowances; and”;

(d) by inserting in sub-section (11) “, an incorporated company referred to in paragraph 3 (4) (da)” after “corporation” (first occurring); and

(e) by inserting after sub-section (11) the following sub-section:

“(11a) For the purposes of sub-section (11), an office of member of the Aboriginal Corporation of the National Aboriginal Conference shall be deemed to be an office in the service of the Commonwealth.”.

(2) Where the remuneration or allowances payable to a person holding an office referred to in paragraph 7 (9) (aa) of the Principal Act as amended by this Act in respect of any period before the commencement of this section has or have been paid out of public moneys of the Northern Territory within the meaning of Part V of the Northern Territory (Self-Government) Act 1978, then, notwithstanding anything to the contrary in the Principal Act or the Northern Territory (Self Government) Act 1978—

(a) that payment shall be deemed to have been as valid and effectual as it would have been if the amendment made by paragraph (1) (c) had been in force at the time when the payment was made; and

(b) payment of remuneration or allowances in respect of that period, or any part of that period, is not required to be made out of the Consolidated Revenue Fund.

(3) Where the remuneration or allowances payable to a person holding an office referred to in paragraph 7 (9) (ab) of the Principal Act as amended by this Act in respect of any period before the commencement of this section has or have been paid out of the Public Account of Norfolk Island established under section 47 of the Norfolk Island Act 1979, then, notwithstanding anything to the contrary in the Principal Act or the Norfolk Island Act 1979—

(a) that payment shall be deemed to have been as valid and effectual as it would have been if the amendment made by paragraph (1) (c) had been in force at the time when the payment was made; and

(b) payment of remuneration or allowances in respect of that period, or any part of that period, is not required to be made out of the Consolidated Revenue Fund.

(4) Where the remuneration or allowances payable to a person holding an office referred to in paragraph 7 (9) (ac) of the Principal Act as amended by this Act in respect of any period before the commencement of this section has or have been paid out of funds under the control of the Aboriginal Corporation of the National Aboriginal Conference, then, notwithstanding anything to the contrary in the Principal Act or in a law of the Commonwealth appropriating amounts for the purposes of the Corporation—

(a) that payment shall be deemed to have been as valid and effectual as it would have been if the amendment made by paragraph (1) (c) had been in force at the time when the payment was made; and

(b) payment of remuneration or allowances in respect of that period, or any part of that period, is not required to be made out of the Consolidated Revenue Fund.

14. After section 7 of the Principal Act the following section is inserted:

Determinations relating to certain Norfolk Island public office holders

“7a. (1) In this section—

‘Deputy President’ means the Deputy President of the Legislative Assembly;

‘Legislative Assembly’ means the Legislative Assembly of Norfolk Island;

‘Minister’ means the Minister for the time being administering the Norfolk Island Act 1979;

‘President’ means the President of the Legislative Assembly.

“(2) Where the Tribunal makes a determination under sub-section 7 (3) relating to remuneration or allowances payable to a person who holds—

(a) an office that, within the meaning of the Norfolk Island Act 1979, is an office of member of the Legislative Assembly, member of the Executive Council or executive member; or

(b) an office in or in connection with the Legislative Assembly that can be held only by a member of that Assembly,

the Tribunal shall furnish a copy of the determination to the Minister.

“(3) The Minister shall furnish a copy of a determination furnished to him under sub-section (2) to the President or, if there is no President or the President is absent from Norfolk Island, the Deputy President.

“(4) The President or the Deputy President, as the case may be, shall cause a copy of a determination furnished to him under sub-section (3) to be laid before the Legislative Assembly within the period of 2 months after the determination is received by him.

“(5) If the Legislative Assembly, within the period of 2 months after a copy of a determination has been laid before that Assembly, passes a resolution disapproving of the determination, then—

(a) if the determination has not come into operation—the determination shall not come into operation; or

(b) if the determination has come into operation—the determination shall not have any force or effect in respect of the day on which the resolution was passed or any period after that day.

“(6) If, before the expiration of the period of 2 months after a copy of a determination has been laid before the Legislative Assembly—

(a) the Assembly holds its last meeting before a general election; and

(b) at the expiration of that meeting the Assembly has not passed a resolution disapproving of the determination,

the copy of the determination shall, for the purposes of sub-section (5), be deemed to have been laid before the Assembly at the first meeting of the Assembly held after the general election.”.

NOTES

1. No. 14, 1973, as amended. For previous amendments, see Nos. 203 and 216, 1973; No. 8, 1975; Nos. 83, 170 and 182, 1976; Nos. 81 and 111, 1977; No. 166, 1978; No. 140, 1979; No. 164, 1980; No. 121, 1981; and No. 26, 1982.

2. No. 1, 1952, as amended. For previous amendments, see No. 1, 1956; No. 18, 1959; Nos. 1 and 71, 1964; No. 93, 1966; No. 1, 1967; No. 102, 1968; No. 43, 1971; Nos. 14 and 216, 1973; No. 82, 1978; No. 141, 1979; No. 165, 1980; and No. 121, 1981.

3. No. 215, 1973, as amended. For previous amendments, see No. 80, 1974; No. 96, 1975; Nos. 60 and 178, 1978; Nos. 26, 108, 136 and 155, 1979; No. 160, 1980; and Nos. 61, 74 and 176, 1981.

Overview

The Remuneration and Allowances Amendment Act 1982 (No. 78 of 1982) was enacted by the Commonwealth Parliament to address the need for adjustments in the remuneration and allowances for various public office holders, including judges and ministers. The Act amends the Remuneration and Allowances Act 1973, the Remuneration Tribunals Act 1973, and the Ministers of State Act 1952, with the primary objective of updating the financial compensation for public servants to reflect changes in economic conditions and the cost of living. The Act also introduces specific amendments to the remuneration of certain judicial officers, such as the Chief Justice and Justices of the High Court, and adjusts the salaries of Ministers of State. Furthermore, the Act refines the scope of the Remuneration Tribunals Act 1973 by expanding the definition of certain appointments and offices to which the Act applies, ensuring that remuneration and allowances are determined and paid from appropriate public funds.

Scope and Application

The Remuneration and Allowances Amendment Act 1982 applies to various office holders within the Commonwealth of Australia, including the Chief Justice and Justices of the High Court, Chief Judge and Judges of the Federal Court of Australia, Chief Justice and Judges of the Supreme Court of the Australian Capital Territory, Chief Judge and Judges of the Family Court of Australia, Chairman of the Commonwealth Grants Commission, and Judges of the Australian Industrial Court. The Act amends the Remuneration and Allowances Act 1973, increasing certain allowances and salaries. It also modifies the Remuneration Tribunals Act 1973 by altering the interpretation of terms and expanding the scope of appointments subject to the Act, specifically including appointments to incorporated companies with members' interests and rights beneficially owned by the Commonwealth. The Act's amendments extend to Norfolk Island and the Northern Territory, determining the sources of funds for the payment of allowances and remunerations to public office holders in these regions. The Act operates on a Commonwealth level, with its provisions applying nationally, including to Norfolk Island and the Northern Territory, as specified within the Act. There are no stated exclusions or exemptions within the text provided, and the Act may extend or restrict its application through subordinate instruments not detailed in the excerpt.

Key Provisions

The Remuneration and Allowances Amendment Act 1982 amends the Remuneration and Allowances Act 1973 by adjusting the allowances for various high-ranking judicial officers. Under Section 4, the Chief Judge of the Supreme Court of Norfolk Island now receives an additional annual allowance of $500 if they also hold the office of a Judge of the Federal Court of Australia. Section 5 revises the travelling allowances for the Chief Justice and Justices of the High Court, increasing them to $120 and $85 respectively, and adjusts related provisions accordingly. Section 6 modifies the additional allowance for certain Justices of the High Court, updating the criteria and increasing the allowance to $9,125. Section 7 amends the travelling allowances for holders of certain offices, enhancing them to $110 and $80 respectively, and includes duties of any other office held by them. The Act also revises the salaries of Ministers of State under Section 10, increasing the maximum annual salary from $452,000 to $575,000. The Act imposes specific obligations on the parties it governs. For example, it requires the Chief Judge of the Supreme Court of Norfolk Island to receive the specified allowances if they hold dual offices, and mandates the Chief Justice and Justices of the High Court to be compensated at the revised rates for their travelling expenses. Additionally, certain Justices of the High Court must meet the updated criteria to be eligible for the additional allowance. The amendments also impact the remuneration and allowances of other judicial officers by updating their salary rates and allowances as per the new provisions. For breaches of the provisions outlined in this Act, the specific penalties or consequences are not detailed within the text provided. However, given the nature of the Act, non-compliance with the remuneration and allowances provisions could lead to legal challenges or disputes regarding the rightful compensation of the affected office holders. Typically, such breaches may result in civil actions for unpaid allowances or legal proceedings to enforce the correct remuneration as mandated by the Act. The precise legal consequences would depend on the specific circumstances of the breach and the applicable laws governing employment and public office remuneration.

Area of Law: Civil Litigation & Procedure; Administrative Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Compliance Obligations; Reporting & Disclosure Obligations

Interactions

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.

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