Remuneration and Allowances Amendment Act 1983

Administered by Department of Finance

Legislation au C2004A02845 Not in force Act

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Remuneration and Allowances Amendment Act 1983

No. 128 of 1983

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

5. Travelling allowances payable to holders of certain offices

6. Schedule 3

PART III—AMENDMENT OF THE MINISTERS OF STATE ACT 1952

7. Principal Act

8. Salaries of Ministers

PART IV—AMENDMENTS OF THE REMUNERATION TRIBUNALS ACT 1973

9. Principal Act

10. Time of making reports and determinations


Remuneration and Allowances Amendment Act 1983

No. 128 of 1983

 

 

An Act relating to certain remuneration and allowances

[Assented to 22 December 1983]

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 1983.

Commencement

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

(2) Sub-section 5 (2) shall come into operation on the day on which section 15 of the Public Service Acts Amendment Act 1982 comes into operation.

(3) The amendments made by Part II shall be deemed to have taken effect on 6 October 1983.


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.

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

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

(a) by omitting from sub-paragraph (4) (a) (i) “$120” and “$85” and substituting “$130” and “$95”, respectively; and

(b) by omitting from sub-paragraph (4) (a) (ii) and from paragraph (4) (b) “$27” and substituting “$29”.

Travelling allowances payable to holders of certain offices

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

(a) by omitting from sub-paragraph (4) (a) (i) “$110” and “$80” and substituting “$120” and “$90”, respectively; and

(b) by omitting from sub-paragraph (4) (a) (ii) and from paragraph (4) (b) “$27” and substituting “$29”.

(2) Section 13c of the Principal Act is amended by omitting from sub-section (5) “officers of the First Division of the Australian Public Service” and substituting “the holders of offices referred to in paragraph (a) of the definition of ‘office of Permanent Head’ in sub-section 7 (1) of the Public Service Act 1922”.

Schedule 3

6. 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 1

$

$

Chief Justice of the High Court.....................

96,999

5,000

Justice (other than the Chief Justice) of the High Court.....

88,134

4,500

PART II

 

 

Chief Judge of the Federal Court of Australia...........

81,354

4,500

Chief Justice of the Supreme Court of the Australian Capital Territory 

 76,661

4,500

Chief Judge of the Family Court of Australia............

74,575

4,500

Chairman of the Commonwealth Grants Commission......

74,575

4,500

Judge (other than the Chief Judge) of the Federal Court of Australia 

 74,575

4,000


Column 1

Column 2

Column 3

Office

Rate per annum of salary

Rate per annum of annual allowance

 

$

$

Judge (other than the Chief Justice) of the Supreme Court of the Australian Capital Territory             

74,575

4,000

Senior Judge of the Family Court of Australia

67,274

3,500

Judge (other than the Chief Judge or a Senior Judge) of the Family Court of 

63,102

3,500

PART III—AMENDMENT OF THE MINISTERS OF STATE ACT 1952

Principal Act

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

Salaries of Ministers

8. Section 5 of the Principal Act is amended by omitting “$575,000” and substituting “$590,000”.

PART IV—AMENDMENTS OF THE REMUNERATION TRIBUNALS ACT 1973

Principal Act

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

Time of making reports and determinations

10. Section 8 of the Principal Act is amended—

(a) by omitting paragraph (2) (a) and substituting the following paragraphs:

“(a) an office came into existence before the commencement of the Remuneration and Allowances Amendment Act 1983 and the Tribunal has not determined the remuneration to be paid in respect of that office;

(aa) an office comes into existence after that commencement; or”;

(b) by omitting from sub-section (2) “to the holder of that office” and substituting “in respect of that office”; and

(c) by omitting from sub-section (3) “to the holder of an office” and substituting “in respect of an office”.


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 Nos. 26 and 78, 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; No. 121, 1981; and No. 78, 1982.

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; Nos. 61, 74 and 176, 1981; No. 78, 1982; and No. 39, 1983.

Overview

The Remuneration and Allowances Amendment Act 1983 (No. 128 of 1983) was enacted to address the need for updating the remuneration and allowances of various public officials, including judges, ministers, and other high-ranking officials, in alignment with prevailing economic conditions and the responsibilities of their respective roles. This Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, as evidenced by its formal assent on 22 December 1983. The primary objective of this legislation is to ensure that the remuneration and allowances of public officials are reviewed and adjusted periodically to reflect changes in the cost of living, the increasing responsibilities of the offices, and to maintain the integrity and effectiveness of the public service.

Scope and Application

The Remuneration and Allowances Amendment Act 1983 is an Act of the Commonwealth of Australia that primarily serves to amend the remuneration and allowances provisions for certain high-ranking public officials. This Act applies to the Chief Justice and Justices of the High Court, holders of specific offices, and Ministers of State, as defined by the Remuneration and Allowances Act 1973, the Ministers of State Act 1952, and the Remuneration Tribunals Act 1973. The geographic reach of this legislation is national, impacting public officials throughout Australia. The Act adjusts the rates of travelling allowances for the Chief Justice and Justices of the High Court, as well as for holders of certain offices, by amending the Remuneration and Allowances Act 1973. It also increases the maximum salary for Ministers of State by amending the Ministers of State Act 1952 and modifies the timing of reports and determinations for remuneration by the Remuneration Tribunals as outlined in the Remuneration Tribunals Act 1973. The Act provides specific exclusions and amendments to the principal acts mentioned, ensuring precise changes to remuneration and allowances without further speculative interpretation.

Key Provisions

The Remuneration and Allowances Amendment Act 1983 amends several existing Acts by adjusting the remuneration and allowances for various high-ranking officials and positions. This Act modifies the Remuneration and Allowances Act 1973, the Ministers of State Act 1952, and the Remuneration Tribunals Act 1973. Section 4 of the Act updates the travelling allowances payable to the Chief Justice and Justices of the High Court, while Section 5 revises the travelling allowances for holders of certain offices. Additionally, Section 8 increases the salary of Ministers from $575,000 to $590,000, and Section 10 amends the Remuneration Tribunals Act 1973 to adjust the timing for making reports and determinations regarding remuneration and allowances. The Act imposes specific obligations on the officials and positions it governs. For instance, the Chief Justice and Justices of the High Court, along with holders of certain offices, are entitled to updated travelling allowances as outlined in the Act. The holders of these offices must comply with the new rates specified in Section 4 and Section 5. Similarly, the salary of Ministers is adjusted to $590,000 as per Section 8. Furthermore, the Remuneration Tribunals Act 1973 is amended to ensure timely determinations of remuneration and allowances for offices that come into existence before or after the Act's commencement. The Act does not explicitly outline specific offences, penalties, or consequences for breach. However, non-compliance with the remuneration and allowance provisions could potentially lead to legal repercussions under the respective Acts being amended. The Remuneration and Allowances Act 1973, the Ministers of State Act 1952, and the Remuneration Tribunals Act 1973 would likely contain provisions for penalties or consequences for non-compliance with their requirements. As the Remuneration and Allowances Amendment Act 1983 primarily serves to update the remuneration and allowances, any breach of these updated provisions could lead to civil or administrative consequences as stipulated in the original Acts.

Legal classification tags

Area of Law
Public Sector Remuneration Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Salaries of Ministers
Travelling Allowances

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