Remuneration Tribunal Determination 2009/10 - Official Travel by Office Holders

Overview

The Remuneration Tribunal Determination 2009/10, issued under the Remuneration Tribunal Act 1973, addresses the issue of updating travel and motor vehicle allowance rates for office holders. Enacted by the Remuneration Tribunal, this determination aims to ensure that the allowances provided to office holders are in line with current standards and reflect any necessary adjustments. The determination was made in consultation with established practices and does not retrospectively affect the rights of individuals adversely, as per subsection 12(2) of the Legislative Instruments Act 2003. Clause 1.2 and 1.3 specifically update the travel and motor vehicle allowance rates effective from 30 August 2009, while Clause 1.4 and 1.5 make minor adjustments to the Principal Determination to maintain consistency with current definitions and standards.

Scope and Application

The Remuneration Tribunal, pursuant to its powers under the Remuneration Tribunal Act 1973, has made a determination concerning the remuneration of office holders, which includes the official travel allowances for such individuals. This determination applies to various office holders, ensuring they receive appropriate allowances for travel expenses incurred in the execution of their duties. It specifically updates the rates for travel allowances and motor vehicle allowances, effective from 30 August 2009, and reorganises certain clauses for clarity and consistency. The Tribunal has consulted according to established practices and has ensured that any retrospective application of this determination does not adversely affect the rights of any person, nor does it impose any liability on them. The application of this Determination is within the Commonwealth jurisdiction, and it extends to all office holders as defined under the Act, with no specific exclusions mentioned in this document. Any further specifications or extensions are likely to be detailed in subordinate instruments or other relevant legislation.

Key Provisions

The Remuneration Tribunal has established specific provisions for the remuneration of office holders, including travel allowances, as outlined in the Determination 2009/10 (clauses 1.1 to 1.5). Clause 1.1 references the Principal Determination (Number 4 of 2003 as amended) for the purposes of updating travel allowance rates. Clause 1.2 updates these rates in Schedule A – Remuneration Tribunal Travelling Allowance Rates, effective from 30 August 2009. Clause 1.3 similarly updates motor vehicle allowance rates in Table 4A – Motor Vehicle Allowance, also effective from 30 August 2009. Clause 1.4 rearranges certain clauses (3.5 to 3.8) of the Principal Determination to reflect a new sequential order. Clause 1.5 amends the definition of 'partner' in the Principal Determination to align with current standards. The Determination imposes specific obligations on office holders regarding the acceptance and use of travel and motor vehicle allowances. Office holders must adhere to the updated rates and definitions set forth in the Determination. Additionally, they are required to ensure that any claims for allowances are consistent with the reorganised clauses and updated definitions. The Determination also mandates that any retrospective application does not adversely affect the rights of any person, other than the Commonwealth or an authority of the Commonwealth, and does not impose any new liabilities. Failure to comply with the provisions of the Determination may result in legal consequences. The Determination does not explicitly state offences or penalties but implies that breaches of the updated allowances or definitions could lead to legal scrutiny or disputes. Given the authority cited in the Determination (subsections 5(2A), 7(3), 7(3D), and 7(4) of the Remuneration Tribunal Act 1973), any significant non-compliance could potentially lead to enforcement actions or reviews by the Tribunal. The specific penalties for such breaches are not detailed within the Determination itself but would likely be addressed under the broader provisions of the Remuneration Tribunal Act 1973.