Statutory Rules
1978 No. 30
REGULATIONS UNDER THE REMUNERATION AND ALLOWANCES ACT 1973*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Remuneration and Allowances Act 1973.
Dated this twenty-eighth day of February 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN VINER
Minister of State for Aboriginal Affairs for and on behalf of the Prime Minister
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AMENDMENTS OF THE REMUNERATION AND ALLOWANCES REGULATIONS†
Remuneration of unattached officer appointed Vice-Chairman of the Australian Broadcasting Tribunal
1. Regulation 2b of the Remuneration and Allowances Regulations is amended—
(a) by omitting from sub-regulation (1) all words after “ payable ” and substituting “ in respect of that office, remuneration at the rate per annum applicable to the office of Secretary to the Department of Science ”; and
(b) by omitting sub-regulation (2).
* Notified in the Commonwealth of Australia Gazette on 6 March 1978.
† Statutory Rules 1974, No. 7 as amended by Statutory Rules 1975, Nos. 31 and 137; 1976, Nos. 179 and 103; and 1977, No. 164.
Remuneration of unattached officer appointed Deputy Chairman of the Prices Justification Tribunal
2. Regulation 2c of the Remuneration and Allowances Regulations is amended—
(a) by omitting from sub-regulation (1) all words after “ payable ” and substituting “ in respect of that office, remuneration at the rate per annum applicable to the office of Secretary to the Department of Science ”; and
(b) by omitting sub-regulation (2).
Commencement
3. Regulation 2 shall come into operation on 4 April 1978.
Overview
Statutory Rules 1978 No. 30, issued under the Remuneration and Allowances Act 1973, was enacted to provide for the remuneration of certain officers appointed to key positions within Australian administrative bodies. This legislative instrument was introduced to address the need for clear guidelines on the remuneration of unattached officers, ensuring that it aligns with the remuneration applicable to comparable senior positions within the public service. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and they aim to maintain consistency and fairness in the remuneration of these officers. The Remuneration and Allowances Regulations were amended to specify the remuneration rates for the Vice-Chairman of the Australian Broadcasting Tribunal and the Deputy Chairman of the Prices Justification Tribunal, setting their pay at the same rate as the Secretary to the Department of Science. These amendments were designed to take effect from 4 April 1978, thereby ensuring that the updated remuneration structures were promptly implemented.
Scope and Application
The Remuneration and Allowances Regulations 1978, as promulgated under the Remuneration and Allowances Act 1973, pertains to the remuneration of specific unattached officers appointed to significant roles within designated tribunals. These regulations specifically address the remuneration for the Vice-Chairman of the Australian Broadcasting Tribunal and the Deputy Chairman of the Prices Justification Tribunal, aligning their annual rates with those applicable to the Secretary of the Department of Science. This legislative instrument applies on a Commonwealth level, impacting those officers within the prescribed roles and ensuring consistency and fairness in their remuneration. The regulations do not explicitly state exclusions or exemptions, but the adjustments are limited to the specified positions, thus excluding other roles within the government or tribunals not mentioned. The regulations themselves are subject to amendments through subordinate instruments, as evidenced by the noted changes to the Remuneration and Allowances Regulations from 1974 onwards, with the current amendment taking effect from 4 April 1978.
Key Provisions
The Statutory Rules 1978 No. 30, made under the Remuneration and Allowances Act 1973, primarily amend the Remuneration and Allowances Regulations to adjust the remuneration for certain positions. Specifically, Regulation 2b addresses the remuneration for an unattached officer appointed as Vice-Chairman of the Australian Broadcasting Tribunal, aligning it with the annual rate applicable to the office of Secretary to the Department of Science (sub-regulation 1(a)). Furthermore, it removes the previous sub-regulation (2) (sub-regulation 1(b)). Similarly, Regulation 2c modifies the remuneration for an unattached officer appointed as Deputy Chairman of the Prices Justification Tribunal, also setting it at the annual rate applicable to the Secretary to the Department of Science (sub-regulation 1(a)), and omits the former sub-regulation (2) (sub-regulation 1(b)).
The Regulations impose specific obligations on the parties involved. For the Vice-Chairman of the Australian Broadcasting Tribunal and the Deputy Chairman of the Prices Justification Tribunal, the amendments dictate that their remuneration should now match that of the Secretary to the Department of Science. This adjustment aims to ensure consistency and fairness in the remuneration structure across these senior positions. The Regulations further clarify that any previous sub-regulations pertaining to these positions are no longer applicable, streamlining the remuneration framework.
Failure to comply with these Regulations could potentially result in legal consequences. However, the Statutory Rules do not explicitly outline specific offences, penalties, or consequences for non-compliance. Given the nature of the Remuneration and Allowances Act 1973, non-compliance might lead to administrative or disciplinary actions under the broader legislative framework. The precise penalties would depend on the context and severity of the non-compliance, potentially involving financial penalties or other corrective measures as determined by the relevant authorities.