Remuneration and Allowances (Amendment) Act 1990

Overview

The Remuneration and Allowances (Amendment) Act 1990 was enacted to amend the Remuneration and Allowances Act 1990. It was introduced to address the need to adjust the remuneration and allowances for certain officeholders, ensuring that their compensation remains fair and reflective of current economic conditions. This Act was passed by the Parliament of Australia and seeks to align the legislative framework with the most recent determinations of the Remuneration Tribunal, thereby maintaining the integrity and relevance of the remuneration system. The amendments made by this Act are intended to provide clarity regarding the operation of certain Determinations made by the Remuneration Tribunal, particularly those that may override existing provisions of the Principal Act, while also preserving the integrity of other legislative provisions such as the Parliamentary Entitlements Act 1990.

Scope and Application

The Remuneration and Allowances (Amendment) Act 1990 amends the Remuneration and Allowances Act 1990 to modify the application of the Remuneration Tribunal's determinations in relation to remuneration and allowances. This Act applies to determinations made by the Remuneration Tribunal and affects the rates and conditions of payment of allowances for specified office holders. It operates at a national level, as it is a Commonwealth Act, thereby influencing the remuneration framework across Australia. The Act does not specify exclusions or exemptions, but it does clarify that certain provisions continue to operate despite amendments, such as the Parliamentary Entitlements Act 1990 and specific determinations from 1989. Additionally, the Act allows for the amendment of schedules through subordinate instruments, providing flexibility in updating rates and conditions as necessary.

Key Provisions

The Remuneration and Allowances (Amendment) Act 1990 (section 1) amends the Remuneration and Allowances Act 1990, referred to as the Principal Act (section 1(2)). This Act commences on the same date as the Principal Act (section 2). Section 3 of the Principal Act is amended to include new provisions regarding the Remuneration Tribunal's Determinations. Where a Determination made by the Tribunal overrides a provision of the Principal Act and is expressed to do so, it will operate according to its terms despite the conflicting provision (section 3(2)(a)). Additionally, the conflicting provision of the Principal Act will cease to operate (section 3(2)(b)). Any Determination purporting to take effect before 1 June 1990 will instead take effect on that date (section 3(3)). If a resolution disapproving a Determination is passed by the relevant authorities, the overridden provision of the Principal Act will operate from the date the resolution is passed (section 3(4)). The Act does not affect the operation of the Parliamentary Entitlements Act 1990 or certain Determinations Nos. 15, 16, and 22 of 1989 (section 3(5)). The rates and conditions of payment of travelling allowance for specific office holders are determined by Part 4 of Determination No. 2 of 1990 and Part 1 of Determination No. 18 of 1989 (Schedule 2, clause 7). Schedule 3 of the Principal Act is also amended to exclude clause 10.2 from the application of certain provisions (Schedule 3). The Remuneration and Allowances (Amendment) Act 1990 imposes specific obligations on the Remuneration Tribunal regarding the making of Determinations that override provisions of the Principal Act. When the Tribunal makes such a Determination, it must ensure that the Determination is expressed to override the relevant provision (section 3(2)). If the Determination purports to take effect before 1 June 1990, it will instead take effect on that date (section 3(3)). Furthermore, the Act requires the Tribunal to comply with the procedures outlined in the Remuneration Tribunal Act 1973 for disapproving Determinations (section 3(4)). The Tribunal must also consider the impact of its Determinations on the Parliamentary Entitlements Act 1990 and certain previous Determinations (section 3(5)). The rates and conditions for travelling allowance payments are to be determined according to specified parts of Determinations Nos. 2 of 1990 and 18 of 1989 (Schedule 2, clause 7). The Remuneration and Allowances (Amendment) Act 1990 includes provisions for potential offences and penalties related to non-compliance with its requirements. While the Act does not explicitly state penalties, breaches of the Remuneration and Allowances Act 1990, which this Act amends, could result in penalties under that Act. These penalties may include fines and imprisonment, depending on the nature and severity of the breach. Additionally, the Act may have implications for civil and criminal consequences under other related legislation, such as the Public Service Act 1999 or the Crimes Act 1914, where applicable. The exact penalties would depend on the specific breach and the relevant provisions of other Acts.