Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2000 (No. 1)

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Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2000 (No. 1) 2000 No. 329

EXPLANATORY STATEMENT

Statutory Rules 2000 No. 329

Issued by the Authority of the Minister for Finance and Administration

Remuneration Tribunal Act 1973

Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2000 (No. 1)

Section 13 of the Remuneration Tribunal Act 1973 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

Section 12 of the Act provides in part that a member of the Remuneration Tribunal is to be paid such fees as are prescribed.

Regulation 4 of the Remuneration Tribunal (Members' Fees and Allowances) Regulations prescribes an annual fee to be paid to the President and Members of the Tribunal.

Proposed Schedule 1 amends current Regulation 4 of the Regulations by omitting the annual fees payable to the President and Members and prescribing new fees for these offices. These new fees are in line with the increases that have occurred across the board for other Commonwealth Committees and Boards.

The Regulations are taken to have commenced on 18 September 2000.

The Tribunal's remuneration was last adjusted on 12 November 1998, and since that time, the fees of part-time holders of public office have increased on two occasions (March 1999 and June 2000). The commencement date is the date the Minister for Finance and Administration agreed to take forward his recommendation to the Governor-General.

The Regulations do not remove the rights of any person (other than the Commonwealth) nor impose liabilities on any person (other than the Commonwealth) and are therefore not in breach of Section 48 of the Acts Interpretation Act 1901.

 

Overview

The Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2000 (No. 1) were enacted to align the fees paid to the President and Members of the Remuneration Tribunal with the increases in fees for part-time holders of other Commonwealth Committees and Boards. The Remuneration Tribunal Act 1973, under which these regulations were made, empowers the Governor-General to make regulations for the purposes of the Act, including those pertaining to the fees and allowances of its members. The policy objective of these amendments is to ensure that the remuneration of Remuneration Tribunal members remains competitive and reflective of current market rates for similar roles within the Commonwealth. The enacting body is the Minister for Finance and Administration, who recommended these changes to the Governor-General, and the regulations took effect on 18 September 2000.

Scope and Application

The Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2000 (No. 1) primarily concern the fees and allowances payable to the President and Members of the Remuneration Tribunal, operating under the authority of the Remuneration Tribunal Act 1973. These regulations apply to the members of the Remuneration Tribunal and are specifically concerned with adjusting their annual fees in line with broader increases for other Commonwealth Committees and Boards. This adjustment ensures consistency in remuneration across similar public offices. The scope of the regulations is limited to the financial aspects of the Tribunal members' compensation and does not extend to other forms of remuneration or allowances, nor does it impose any new rights or liabilities on individuals or entities outside of the Commonwealth. The regulations are a direct implementation of the powers granted under the Act and do not affect the rights of any person other than the Commonwealth.

Key Provisions

The Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2000 (No. 1) modify the Remuneration Tribunal (Members' Fees and Allowances) Regulations by updating the fees prescribed for the President and Members of the Remuneration Tribunal. This amendment is authorised under Section 13 of the Remuneration Tribunal Act 1973, which allows the Governor-General to make regulations for the purposes of the Act. Regulation 4 of the original Regulations, which prescribed the annual fees payable to the President and Members of the Tribunal, is amended to reflect updated fees. The new fees are aligned with the increases in fees for part-time holders of public office that have occurred since the last adjustment on 12 November 1998. The Regulations impose no new obligations on individuals or entities outside the Commonwealth, and thus do not contravene Section 48 of the Acts Interpretation Act 1901. They simply adjust the fees for the President and Members of the Remuneration Tribunal to be in line with recent changes in fees for other Commonwealth Committees and Boards. The amendments were made to ensure that the remuneration of the Tribunal members remains commensurate with the remuneration of other part-time holders of public office. The Regulations are designed to maintain the integrity and fairness of the remuneration system within the Commonwealth, ensuring that the compensation for the Tribunal members is up to date with current standards. In terms of offences, penalties, or consequences for non-compliance with these Regulations, it is important to note that the Regulations themselves do not explicitly outline specific penalties for breaches. However, under the Remuneration Tribunal Act 1973, non-compliance with the provisions of the Act or the Regulations could potentially lead to legal consequences. The Act generally provides for the enforcement of its provisions through the courts, and breaches may result in legal actions being taken against individuals or entities that fail to comply with the prescribed fees and allowances. The exact nature and severity of any penalties would depend on the specific circumstances of the breach and the applicable laws at the time.

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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.