Remuneration Tribunal Amendment Act 2001

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004A00791 In force Act

Legislation content

 

 

 

 

Remuneration Tribunal Amendment Act 2001

 

No. 27, 2001

 

 

 

 

An Act to amend the Remuneration Tribunal Act 1973, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

4 Exercise of certain powers before commencement of provision conferring the powers

Schedule 1—Amendment of the Remuneration Tribunal Act 1973

Remuneration Tribunal Amendment Act 2001

No. 27, 2001

 

 

 

An Act to amend the Remuneration Tribunal Act 1973, and for related purposes

[Assented to 6 April 2001]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Remuneration Tribunal Amendment Act 2001.

2  Commencement

 (1) Sections 1 to 4 commence on the day on which this Act receives the Royal Assent.

 (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

 (3) If a provision of this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4  Exercise of certain powers before commencement of provision conferring the powers

  The Minister may, before the commencement of item 6 of Schedule 1, exercise any of the powers conferred by the sections inserted in the Remuneration Tribunal Act 1973 by that item as if that item had commenced. However, any declaration made or notice given in the exercise of those powers before that commencement does not have any effect until that commencement.


Schedule 1—Amendment of the Remuneration Tribunal Act 1973

 

1  Subsection 3(1) (definition of employing body)

Repeal the definition, substitute:

employing body, in relation to a principal executive office for which the Minister has, under section 3B, declared a person, authority or body to be the employing body, means that person, authority or body.

2  Subsection 3(1) (definition of principal executive office)

Repeal the definition, substitute:

principal executive office means any of the following offices or appointments:

 (a) Managing Director of the Australian Postal Corporation;

 (b) Chief Executive of the Australian Industry Development Corporation;

 (c) Chief Executive Officer of Australian Rail Track Corporation Limited;

 (d) Chief Executive Officer of the Commonwealth Services Delivery Agency;

 (e) Director of Aviation Safety of the Civil Aviation Safety Authority;

 (f) Chief Executive Officer of Employment National Limited;

 (g) Managing Director of the Export Finance and Insurance Corporation;

 (h) Managing Director of Health Services Australia Limited;

 (i) Managing Director of Medibank Private Limited;

 (j) Governor of the Reserve Bank of Australia;

 (k) Deputy Governor of the Reserve Bank of Australia;

 (l) Chief Executive Officer of Sydney Airports Corporation Limited;

 (m) any other office or appointment declared by the Minister under subsection 3A(1) to be a principal executive office.

3  Subsection 3(4)

After “does not include a reference to”, insert “any of the following offices or appointments”.

4  Paragraph 3(4)(ra)

Repeal the paragraph, substitute:

 (ra) a principal executive office;

5  Paragraph 3(4)(u)

Omit “Australia; or”, substitute “Australia;”.

6  At the end of Division 1 of Part II

Add:

3A  Principal executive offices

 (1) The Minister may, by writing, declare that a specified office or appointment is a principal executive office.

 (2) The Minister may, by writing, declare that a specified principal executive office is assigned to a specified classification within the classification structure determined by the Tribunal under subsection 5(2A).

 (3) A declaration made under subsection (2) as to the classification to which a principal executive office is assigned may state that the assignment of the office to the classification is a temporary assignment. If the declaration so states, the assignment ceases to be an assignment of the office to the classification at the end of the term of appointment of the person who held the office when the assignment was made.

 (4) If the Minister makes a declaration under subsection (2) as to the classification to which a principal executive office is assigned, the Minister may give a notice in writing to the employing body for the office fixing the remuneration within that classification that is to be the commencing remuneration for the office.

 (5) A notice given under subsection (4) fixing a commencing remuneration for a principal executive office may state that the remuneration so fixed is a temporary commencing remuneration. If the notice so states, that remuneration ceases to be the commencing remuneration for the office at the end of the term of appointment of the person who held the office when the notice was given.

 (6) For each declaration under this section, the Minister must seek the advice of the Tribunal and take that advice into account.

3B  Employing body

  The Minister may, by writing, declare that a specified person, authority or body is the employing body for a specified principal executive office.

3C  Provisions relating to declarations under sections 3A and 3B

 (1) This section applies to the following declarations:

 (a) declarations under subsection 3A(1);

 (b) declarations under subsection 3A(2);

 (c) declarations under section 3B.

 (2) Two or more declarations may be contained in the same instrument, whether they relate to the same principal executive office or to different principal executive offices.

 (3) A copy of every instrument containing a declaration or declarations is to be published in the Gazette.

7  Subsection 5(1)

After “section 7”, insert “(other than subsection 7(3D))”.

8  Paragraph 5(2A)(b)

Repeal the paragraph, substitute:

 (b) in connection with determinations made under paragraph (a), exercise the powers referred to in subsections 7(3D), (3E) and (3F).

9  After subsection 7(3C)

Insert:

 (3D) The Tribunal may, from time to time as provided by this Part:

 (a) hold inquiries for the purpose of performing its function under subsection 5(2A); and

 (b) in determining under that subsection a classification structure for principal executive offices, determine the terms and conditions (including remuneration and allowances, or bands of remuneration and allowances) applicable to each classification within the classification structure.

 (3E) The Tribunal may, from time to time, make recommendations as to any matters relating to principal executive offices, either generally or in respect of a particular principal executive office or particular principal executive offices.

 (3F) In determining under subsection (3D) the terms and conditions as to the remuneration or band of remuneration that is to be applicable to a classification within a classification structure, the Tribunal must have regard to the superannuation entitlements of the holders of principal executive offices assigned to the classification.

10  Subsection 7(4)

Omit “or (3AA)”, substitute “, (3AA) or (3D)”.

11  Subsection 12C(1)

Omit “The employing body”, substitute “Subject to subsection (2), the employing body”.

12  Subsection 12C(2)

Repeal the subsection, substitute:

 (2) Except with the written consent of the Tribunal, an employing body must not determine terms and conditions in respect of a principal executive office that are inconsistent with terms and conditions determined by the Tribunal under subsection 7(3D) in respect of the classification to which the office is assigned.

13  Saving and transitional

(1) If:

 (a) at the commencement of this item, a person holds a principal executive office referred to any of paragraphs (a) to (l) of the definition of principal executive office in subsection 3(1) of the Remuneration Tribunal Act 1973; and

 (b) under subsection 7(3D) of that Act, the Remuneration Tribunal determines any terms and conditions applicable to the classification to which the office is assigned; and

 (c) any of the terms and conditions (the existing terms and conditions) applicable at the commencement of this item in respect of the office under subsection 12C(1) of that Act are inconsistent with terms and conditions so determined by the Tribunal;

the validity of the existing terms and conditions is not affected by the amendment made by item 12.

(2) However, at the end of the period for which the person was appointed to the office, the employing body must (whether the person is re‑appointed, or another person is appointed, to the office) make a new determination of the terms and conditions applicable in respect of the office in compliance with section 12C of the Remuneration Tribunal Act 1973.

 

 

[Minister’s second reading speech made in—

House of Representatives on 29 November 2000

Senate on 8 March 2001]

 

 

(187/00)


 

Overview

The Remuneration Tribunal Amendment Act 2001 was enacted by the Parliament of Australia to amend the Remuneration Tribunal Act 1973, thereby addressing gaps and updating the legislation to better align with the needs of various executive offices and their remuneration structures. The Act aims to refine the definitions of key terms such as "principal executive office" and "employing body," and it grants the Minister additional powers to declare specific offices as principal executive offices and assign them to certain classifications. It also empowers the Minister to specify employing bodies for these offices, subject to seeking advice from the Remuneration Tribunal. This amendment was designed to ensure that the remuneration for these offices is appropriately determined and aligned with the roles and responsibilities of the respective positions. The Act sets out clear procedures for the exercise of these powers, including the requirement for the Minister to publish any declarations in the Gazette. Furthermore, it outlines the functions of the Tribunal, enabling it to hold inquiries, make recommendations, and determine terms and conditions for principal executive offices, including remuneration and allowances, taking into account the superannuation entitlements of the office holders. The legislation also includes transitional provisions to ensure a smooth implementation of the amendments without disrupting existing terms and conditions for incumbent office holders.

Scope and Application

The Remuneration Tribunal Amendment Act 2001, which amends the Remuneration Tribunal Act 1973, applies to specified offices within Commonwealth authorities and agencies, particularly those designated as principal executive offices. These offices include roles such as the Managing Director of the Australian Postal Corporation, Chief Executive of the Australian Industry Development Corporation, Chief Executive Officer of the Commonwealth Services Delivery Agency, and others as declared by the Minister. The Act provides the Minister with the authority to declare certain offices or appointments as principal executive offices and to assign these offices to specific classifications within a structure determined by the Remuneration Tribunal. Additionally, the Minister can declare a particular person, authority, or body as the employing body for a specified principal executive office. The Act outlines procedures for making these declarations and requires the Minister to consider the advice of the Tribunal when doing so. The geographic and jurisdictional reach of this Act is limited to the Commonwealth level, impacting federal authorities and agencies. The Act does not extend to state or territory entities, nor does it apply to private sector employment or other non-Commonwealth offices. The Act’s provisions are subject to commencement either on the day of Royal Assent for certain sections or on a later date to be fixed by Proclamation for others. The Act allows for the exercise of certain powers before the commencement of specific provisions, though any declarations or notices issued before such commencement do not take effect until the provisions come into force. The Act also includes transitional provisions to ensure the continuity of existing terms and conditions for certain offices during the period of amendment.

Key Provisions

The Remuneration Tribunal Amendment Act 2001 primarily focuses on amending the Remuneration Tribunal Act 1973 to refine the definition and classification of principal executive offices and their remuneration. The Act introduces new definitions of "principal executive office" (section 1) and "employing body" (section 3) by repealing and substituting existing definitions. These definitions are crucial as they lay the groundwork for the classification and remuneration of specified offices within Commonwealth entities. Additionally, section 3A allows the Minister to declare certain offices as principal executive offices and assign them to specific classifications within the remuneration structure determined by the Tribunal. This flexibility enables the Minister to respond to changes in organisational structures and responsibilities. The Act imposes several obligations on the Minister and employing bodies. The Minister is required to seek the advice of the Remuneration Tribunal before making any declarations regarding principal executive offices or employing bodies (section 3C). Furthermore, employing bodies must not set terms and conditions for principal executive offices that conflict with those determined by the Tribunal unless they have the Tribunal's written consent (section 12C(2)). This ensures a standardised approach to remuneration and conditions across specified offices, aligning them with the Tribunal's determinations. Breaches of the Act's provisions can lead to significant consequences. For example, employing bodies that fail to comply with the Tribunal's determined terms and conditions may face enforcement actions. Although the Act does not explicitly outline criminal or civil penalties, non-compliance could result in legal challenges or administrative penalties as per other relevant laws. The overarching aim is to maintain consistency and fairness in the remuneration and conditions for principal executive offices, ensuring they are appropriately aligned with their roles and responsibilities within the Commonwealth.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.