Remuneration and Allowances Regulations (Amendment)

Overview

Statutory Rules 1976 No. 179, enacted under the Remuneration and Allowances Act 1973, was introduced to address a specific gap in remuneration provisions for individuals appointed to hold the office of a Commissioner under the Royal Commissions Act 1902. This regulation was made by the Governor-General, John R. Kerr, on the advice of the Federal Executive Council. The objective of this regulation was to ensure that full-time members of the Grants Commission who are appointed as Royal Commissioners receive appropriate remuneration and annual allowances during their term of appointment, aligning their compensation with that of the Permanent Head of the Department of the Capital Territory. This regulation was designed to provide clarity and equity in the payment of allowances and remuneration for such individuals, effective from 1 March 1975.

Scope and Application

Statutory Rules 1976 No. 179, made under the Remuneration and Allowances Act 1973, specifically addresses the remuneration and annual allowance of full-time members of the Grants Commission who are appointed as Royal Commissioners. This regulation applies to individuals who transition from being a full-time member of the Grants Commission to the position of a Commissioner under the Royal Commissions Act 1902. The scope of this Act is narrowly focused on these particular individuals, ensuring they receive remuneration and an annual allowance at rates equivalent to those of a Permanent Head of the Department of the Capital Territory for the duration of their appointment as a Royal Commissioner. This regulation was deemed to have come into effect on 1 March 1975, and its implementation ensures that the affected individuals' financial entitlements are appropriately adjusted during their tenure as Royal Commissioners.

Key Provisions

The Statutory Rules 1976 No. 179, made under the Remuneration and Allowances Act 1973, inserts a new regulation (regulation 2a) to address the remuneration and annual allowance of a full-time member of the Grants Commission who is appointed as a Royal Commissioner. Specifically, section 2a(1) states that such an individual will receive remuneration and an annual allowance at the rates applicable to the office of Permanent Head of the Department of the Capital Territory during their appointment as a Commissioner, in lieu of any other remuneration or annual allowance that might otherwise be payable. The regulation specifies that it is deemed to have come into operation on 1 March 1975, as indicated in section 2a(2). This regulation imposes specific obligations on the parties involved. It requires that the remuneration and annual allowance for a full-time member of the Grants Commission appointed as a Royal Commissioner be calculated and paid at the rates applicable to the office of Permanent Head of the Department of the Capital Territory. This ensures consistency and fairness in the compensation provided to these individuals during their tenure as Royal Commissioners. The regulation aims to streamline the process of remuneration for these specific roles, ensuring that they receive appropriate compensation without any confusion or overlap with other allowances. In terms of compliance and consequences, the regulation does not explicitly outline offences, penalties, or specific consequences for breach. However, failure to adhere to the stipulated remuneration and allowance rates could potentially lead to legal disputes or administrative actions. Given that the regulation is made under the Remuneration and Allowances Act 1973, any non-compliance could be subject to the general provisions and penalties outlined in that Act. This might include administrative penalties, legal proceedings, or other corrective measures to ensure that the stipulated terms are honoured. It is essential for the relevant authorities to ensure that these payments are correctly made as per the regulation to avoid any legal or administrative repercussions.