Remuneration and Allowances Regulations (Amendment)

Overview

Statutory Rules 1977 No. 164, made under the Remuneration and Allowances Act 1973, was enacted to address the remuneration of specific officers within the Australian Public Service. The Remuneration and Allowances Act 1973, established by the Parliament of Australia, aims to ensure appropriate remuneration and allowances for officers in the public service. The regulation, dated 22 September 1977, inserted new rules concerning the remuneration and annual allowance for unattached officers appointed as Vice-Chairman of the Australian Broadcasting Tribunal and Deputy Chairman of the Prices Justification Tribunal. This amendment was introduced to align the remuneration of these officers with the applicable rates for the office of Secretary to the Department of Science, effective from 1 January 1977 and 4 April 1977, respectively.

Scope and Application

The Remuneration and Allowances Regulations 1977, as made under the Remuneration and Allowances Act 1973, apply to specific individuals who are appointed to hold certain offices within the Commonwealth of Australia. These regulations particularly pertain to individuals who were unattached officers in the First Division of the Australian Public Service prior to their appointment as Vice-Chairman of the Australian Broadcasting Tribunal or as Deputy Chairman of the Prices Justification Tribunal. The Regulations set out the remuneration and annual allowance these individuals are to receive during their term of appointment, replacing any other remuneration and allowances that might have been payable for those offices. The regulations are designed to ensure that appointees receive a fair and consistent remuneration package reflective of their previous status and responsibilities within the public service. The scope of these regulations is limited to the specified roles and does not extend to other public service positions or roles outside the First Division.

Key Provisions

The Statutory Rules 1977 No. 164, made under the Remuneration and Allowances Act 1973, introduces amendments to the Remuneration and Allowances Regulations, specifically addressing the remuneration and annual allowances for certain officers appointed to the Australian Broadcasting Tribunal and the Prices Justification Tribunal. Regulation 2b (1) provides that an unattached officer who is appointed as Vice-Chairman of the Australian Broadcasting Tribunal, and was previously in the First Division of the Australian Public Service, will receive remuneration at the annual rate applicable to the Secretary to the Department of Science, along with an annual allowance of $1,136.30. This regulation is retroactive to 1 January 1977. Regulation 2c (1) similarly stipulates that an unattached officer appointed as Deputy Chairman of the Prices Justification Tribunal, who was previously in the First Division of the Australian Public Service, will receive remuneration at the annual rate for the Secretary to the Department of Science, and an annual allowance of $583.56. This amendment is effective from 4 April 1977. The obligations imposed by these regulations are primarily on the appointing authorities, including the Australian Broadcasting Tribunal and the Prices Justification Tribunal, to ensure that the specified remuneration and allowances are paid to the eligible officers in accordance with the terms outlined in the regulations. The First Division of the Australian Public Service is also implicated, as it determines the eligibility of officers for these special remuneration provisions. The regulations require these bodies to verify that the appointee was an unattached officer in the First Division prior to their appointment and to calculate the remuneration and allowance based on the rates specified in the regulations. In terms of consequences for non-compliance, the regulations themselves do not specify any particular offences, penalties, or consequences for breaches. However, failure to comply with these provisions could potentially lead to legal challenges or disputes regarding the remuneration and allowances of the affected officers. Such disputes could be addressed under the general provisions of the Remuneration and Allowances Act 1973 or through the relevant tribunals' internal procedures for resolving disputes related to remuneration and allowances. While the regulations do not detail specific penalties, the overarching legislation and administrative law principles would apply to ensure that compliance is enforced.