Remuneration Tribunal Determination 2007/03 - Remuneration and Allowances for Holders of Public Office and Members of Parliament

Overview

The Remuneration Tribunal Determination 2007/03, issued under the authority of the Remuneration Tribunal Act 1973, was enacted to address the need for updated and accurate remuneration and allowances for holders of public office and Members of Parliament. This determination was made by the Remuneration Tribunal, a body established to ensure fair and appropriate remuneration for public office holders. The objective of this legislation is to reflect changes in the structure and functions of various public offices and authorities, and to provide for the payment of allowances and fees in accordance with the roles and responsibilities of the office holders. The determination ensures that any retrospective application does not adversely affect the rights of individuals or impose new liabilities on them, as stipulated in subsection 12(2) of the Legislative Instruments Act 2003. The changes include adjustments to remuneration for new and existing offices, deletion of obsolete references, and clarification of allowances and entitlements for Members of Parliament.

Scope and Application

The Remuneration Tribunal Determination 2007/03 under the Remuneration Tribunal Act 1973 applies to various office holders and members of parliament within Australia. This legislation encompasses both full-time and part-time office holders, adjusting their remuneration and allowances as required. It includes setting new remuneration for certain roles such as Chairs of the Research Quality Framework Assessment Panels, increasing or decreasing allowances for other positions, and clarifying the conditions under which allowances for Members of Parliament are payable. The amendments in the determination do not affect any rights of persons other than the Commonwealth or its authorities, as stipulated in the Legislative Instruments Act 2003. The Tribunal’s decisions are informed by consultations in line with established practices and take effect from specified dates, with retrospective applications made in compliance with legal provisions.

Key Provisions

The Remuneration Tribunal has established specific provisions for remuneration and allowances for holders of public office and members of Parliament under the Remuneration and Allowances for Holders of Public Office and Members of Parliament Determination 2007/03. This determination reflects changes in remuneration for various public office holders, including part-time and full-time offices, as well as members of Parliament. For instance, Clauses 1.8 and 1.9 introduce remuneration for the Chairs of the Research Quality Framework Assessment Panels, effective from 17 April 2007. Similarly, Clauses 1.10 to 1.12 increase the remuneration for the Chairmen and Members of Tax Agents' Boards, with effect from 15 May 2007, and allow these office holders to record individual periods of business of a minimum of six minutes for the purpose of the payment of a daily fee for non-meeting days. The Act imposes various obligations and requirements on the parties it governs. For example, Clause 1.13 provides for Members of Tourism Australia's Audit Committee to receive additional audit committee fees, while Clauses 1.14 to 1.15 increase the remuneration for the Members of the National Water Commission, effective from 1 July 2006. Clauses 1.16 to 1.17 decrease the remuneration for the Chairman and Members of the Australian Industry Development Commission, effective from 7 May 2007. Additionally, Clauses 2.3 to 2.5 delete all references to the Accommodation Allowance and Reunion Travel provided to the former Chairman of the Australian Securities and Investment Commission, Mr. Jeffrey Lucy, with effect from 13 May 2007. Furthermore, Clause 3.2 amends the provisions in clauses 8.7 and 8.8 of the Principal Determination to clarify the conditions under which the Resettlement Allowance becomes operational and payable. The determination ensures that any retrospective application does not affect the rights of a person to their disadvantage and does not impose any liability on such a person, as per subsection 12(2) of the Legislative Instruments Act 2003. There are no explicit offences, penalties, or civil/criminal consequences mentioned for breach within the explanatory statement. However, non-compliance with the provisions of the Remuneration Tribunal Act 1973 could potentially lead to legal repercussions, as the Act empowers the Tribunal to determine remuneration and allowances for office holders. The determination ensures that the provisions are in line with the established practice and consultation process.