Remuneration Tribunal Amendment Determination (No. 4) 2020
We, the members of the Remuneration Tribunal, make the following determination.
Dated 24 June 2020
Signed | | Signed |
John Conde AO | | Heather Zampatti |
President | | Member |
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2020
Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2020
1 Name
This instrument is the Remuneration Tribunal Amendment Determination (No. 4) 2020.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | 30 June 2020 |
2. Schedule 1, item 1 | Immediately after the commencement of the Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2020. | 1 July 2020 |
3. Schedule 1, items 2 to 4 | Immediately after the commencement of the Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2020. | 1 July 2020 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsections 7(3) and (4) of the Remuneration Tribunal Act 1973.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2020
1 Section 10 (Table 2A, table item dealing with Chief Executive Officer, Innovation and Science Australia)
Repeal the item.
Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2020
2 Section 16 (Table 3A, table item dealing with Australian Broadcasting Corporation, column 5)
Insert “Table 3B, item 26”.
3 Section 17 (Table 3B, item 8, column 2)
Omit “or 6A”, substitute “or 7”.
4 Section 17 (Table 3B, at the end of the table)
Add:
26 | Australian Broadcasting Corporation | During the period beginning on 1 July 2020 and ending on 31 December 2020, an annual fee payable to the Chair, the Deputy Chair or another member of the Australian Broadcasting Corporation is reduced by 10%. |
Overview
The Remuneration Tribunal Amendment Determination (No. 4) 2020 was made under the authority of the Remuneration Tribunal Act 1973 and is intended to amend the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2020 and the Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2020. The primary purpose of this determination is to address specific remuneration adjustments for certain public office holders, particularly for the Chief Executive Officer of Innovation and Science Australia and for members of the Australian Broadcasting Corporation. It came into effect on 30 June 2020, with certain provisions taking effect immediately after the commencement of the referenced determinations on 1 July 2020. The amendments include the repeal of certain remuneration items and the introduction of new provisions aimed at adjusting the annual fees for certain roles within the Australian Broadcasting Corporation for a specified period.
Scope and Application
The Remuneration Tribunal Amendment Determination (No. 4) 2020 amends the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2020 and the Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2020. This determination applies to the remuneration and allowances of individuals who hold full-time and part-time public offices as defined by the Remuneration Tribunal Act 1973. Specifically, it affects the remuneration for the Chief Executive Officer of Innovation and Science Australia and the fees payable to the Chair, Deputy Chair, and other members of the Australian Broadcasting Corporation. The changes outlined in the determination commenced on the day after the instrument was registered, which was 30 June 2020, and on 1 July 2020 for specific amendments related to full-time and part-time public office remuneration. This legislation does not specify any exclusions or exemptions beyond the scope of the named determinations, and any further application or restriction would be detailed in subordinate instruments made under the authority of the Remuneration Tribunal Act 1973.
Key Provisions
The Remuneration Tribunal Amendment Determination (No. 4) 2020 primarily concerns amendments to two other determinations: the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2020 and the Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2020. Section 1 of the Amendment Determination establishes the name of the instrument. The commencement provisions, outlined in Section 2, specify that certain sections of the instrument (Sections 1 to 4 and unspecified provisions) will commence the day after registration, which is 30 June 2020. Other provisions will come into effect on dates specified in the Schedule, such as 1 July 2020. The Authority for this Amendment Determination is found under subsections 7(3) and (4) of the Remuneration Tribunal Act 1973, as mentioned in Section 3.
The obligations and requirements imposed by this Amendment Determination are detailed in the Schedule. For instance, Section 10 of the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2020 will be repealed as it pertains to the Chief Executive Officer of Innovation and Science Australia. Meanwhile, Section 16 of the Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2020 will be amended to insert “Table 3B, item 26” in the specified table item. Section 17 will see the omission of “or 6A” and the substitution of “or 7,” along with the addition of a new table entry for the Australian Broadcasting Corporation. These amendments are designed to adjust the remuneration and allowances for specific public office holders as per the new stipulations.
The Remuneration Tribunal Amendment Determination (No. 4) 2020 does not explicitly state any offences, penalties, or consequences for breaches. However, any non-compliance with the remuneration and allowances adjustments stipulated by this Amendment Determination could potentially lead to legal disputes or administrative actions under the Remuneration Tribunal Act 1973. Given that the maximum penalties are not detailed in this particular instrument, it would be prudent for affected parties to consult the primary Act for more comprehensive information regarding penalties and enforcement mechanisms.