EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 84
Remuneration and Allowances Act 1973
REMUNERATION AND ALLOWANCES REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Section 17 of the Remuneration and Allowances Act 1973 provides (inter alia) that the Governor-General may make regulations prescribing the remuneration and annual allowance of an Australian Public Service officer who is appointed to hold a statutory office in a full-time capacity.
The statutory rules add regulation 20 to the Remuneration and Allowances Regulations. The regulation provides that a person who, immediately before his appointment as Director of the Museum of Australia, was the Secretary to the Department of Home Affairs and Environment, shall, during his period as Director, be paid remuneration and annual allowance at the respective rates applicable to the office of Secretary.
The level of remuneration for the office of Director that has been fixed by the Remuneration Tribunal is less than that applying to the office of Secretary to the Department.
Maintenance of salary has been agreed to by the Government in respect of Dr D.F. McMichael, CBE, who commenced as Director of the Museum on 1 February 1984. The regulation is deemed to come into operation on that date.
Overview
The Remuneration and Allowances Regulations (Amendment) Statutory Rules 1984, enacted by the Public Service Board under Section 17 of the Remuneration and Allowances Act 1973, aim to address the specific issue of maintaining the remuneration and annual allowance for Dr D.F. McMichael, CBE, as he transitioned from his role as Secretary to the Department of Home Affairs and Environment to his new role as Director of the Museum of Australia. The problem this amendment seeks to resolve is the discrepancy between the remuneration levels applicable to these two positions, with the remuneration for the Directorship being less than that for the Secretary role. The policy objective, as stated in the explanatory statement, is to ensure Dr McMichael's salary remains consistent with his previous position during his tenure as Director, reflecting the Government's commitment to maintaining his salary levels. This regulation is deemed to come into effect from 1 February 1984, the date Dr McMichael assumed his new role.
Scope and Application
The Remuneration and Allowances Regulations (Amendment) Statutory Rules 1984 No. 84, issued under the authority of the Public Service Board and pursuant to section 17 of the Remuneration and Allowances Act 1973, pertain specifically to the remuneration and annual allowance of an Australian Public Service officer appointed to a statutory office on a full-time basis. This particular amendment introduces regulation 20, which addresses the remuneration and annual allowance for an individual transitioning from the role of Secretary to the Department of Home Affairs and Environment to the Director of the Museum of Australia. The amendment ensures that the person in question, Dr. D.F. McMichael, CBE, will receive remuneration and annual allowance at the rates applicable to the Secretary's office during his tenure as Director, despite the Remuneration Tribunal having set a lower rate for the Director's office. The regulation is designed to maintain Dr. McMichael's salary level as agreed by the Government, effective from his commencement date as Director on 1 February 1984. This regulation is deemed to come into operation on that specified date, ensuring that Dr. McMichael's remuneration and allowances are appropriately maintained during his transition to the new role.
Key Provisions
The primary operative section of this statutory rule is section 17 of the Remuneration and Allowances Act 1973, which allows the Governor-General to establish regulations concerning the remuneration and annual allowance of Australian Public Service officers holding statutory offices on a full-time basis. Regulation 20, added by the Remuneration and Allowances Regulations (Amendment), specifies the remuneration and annual allowance for Dr D.F. McMichael, CBE, who was appointed as the Director of the Museum of Australia, effective from 1 February 1984. This regulation mandates that Dr McMichael, who previously served as the Secretary to the Department of Home Affairs and Environment, will receive the same remuneration and annual allowance applicable to the office of Secretary during his tenure as Director.
The obligations imposed by this regulation on Dr McMichael and the relevant government departments are primarily centred around ensuring that his remuneration and allowances are maintained at the levels specified. This requires the government to adhere to the agreed terms of his appointment, ensuring that the financial conditions are consistent with those of a Secretary to a department. The government departments involved must also ensure accurate record-keeping and timely payment of the specified remuneration and allowance to Dr McMichael.
Should there be any breach of the terms set out in Regulation 20, the consequences could include legal disputes or financial discrepancies. While the explanatory statement does not detail specific penalties, breaches of statutory rules in Australia can typically result in civil or criminal liabilities depending on the nature and severity of the breach. The penalties could range from fines to more serious criminal charges, depending on whether the breach is deemed to be a minor administrative error or a deliberate violation of the law. In such cases, the maximum penalties would be determined by the specific legislation under which the prosecution is brought.