Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2001 (No. 1) 2001 No. 251
EXPLANATORY STATEMENT
Statutory Rules 2001 No. 251
Issued by the Authority of the Minister for Finance and Administration
Remuneration Tribunal Act 1973
Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2001 (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 (the Tribunal) is to be paid such fees as are prescribed.
Regulation 4 of the Remuneration Tribunal (Members' Fees and Allowances) Regulations 1974 (the Regulations) prescribes an annual fee to be paid to the President and Members of the Tribunal.
The purpose of the amending Regulations was to adjust the fees prescribed for the President and Members of the Tribunal.
Schedule 1 amended the previous Regulation 4 of the Regulations by omitting the annual fees previously payable to the President and Members and prescribed new fees of $58,700 for the President and $28,300 for Members of the Tribunal. These new fees are in line with the increases that have been provided to comparable part-time public offices during 2001.
The Regulations commenced on gazettal.
Overview
The Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2001 (No. 1) were enacted to amend the fees paid to the President and Members of the Remuneration Tribunal, under the authority of the Remuneration Tribunal Act 1973. This was achieved by adjusting the annual fees prescribed for the President and Members to align with increases provided to comparable part-time public offices during 2001. The primary purpose of these regulations was to ensure that the remuneration of the Tribunal's members remained competitive and reflective of the broader changes in part-time public office remuneration. The new fees set forth in the amendment were $58,700 for the President and $28,300 for Members, which were implemented to maintain consistency with the remuneration standards of other part-time public roles. The Regulations took effect immediately upon gazettal, ensuring that the adjustments to fees were promptly applied.
Scope and Application
The Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2001 (No. 1) applies to the President and Members of the Remuneration Tribunal who are appointed under the Remuneration Tribunal Act 1973. These Regulations adjust the fees prescribed for the President and Members of the Tribunal, providing new fees of $58,700 for the President and $28,300 for Members, aligning with the increases provided to comparable part-time public offices during 2001. The Regulations are made under the authority of the Minister for Finance and Administration and have a national reach in Australia as they pertain to Commonwealth legislation. The amending Regulations are subordinate instruments that extend the application of the primary Act by specifically adjusting the remuneration of the Tribunal's members, which was previously prescribed in the Remuneration Tribunal (Members' Fees and Allowances) Regulations 1974. The changes are effective from the date of gazettal and do not include any stated exclusions, exemptions, or thresholds beyond the scope of the Tribunal members' fees and allowances.
Key Provisions
The main operative sections of the Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2001 (No. 1) involve amending the existing fees for the President and Members of the Remuneration Tribunal. Specifically, Regulation 4, as amended by Schedule 1, replaces the previously prescribed annual fees with new fees of $58,700 for the President and $28,300 for Members. This amendment aligns the fees with those of comparable part-time public offices for the year 2001. These fees are to be paid as per Section 12 of the Remuneration Tribunal Act 1973, which stipulates that members of the Tribunal are to receive prescribed fees.
The obligations and requirements imposed by these Regulations are primarily concerned with the financial compensation for the President and Members of the Remuneration Tribunal. The Regulations necessitate the payment of the newly prescribed fees, ensuring that the compensation is adjusted to reflect the increases provided to similar public offices. Given that the Remuneration Tribunal Act 1973 authorises the Governor-General to make such regulations, compliance with these amended fees is mandatory for the parties involved.
The Remuneration Tribunal (Members' Fees and Allowances) Amendment Regulations 2001 (No. 1) do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with the prescribed fees set by the Regulations could potentially result in legal repercussions. Under the Remuneration Tribunal Act 1973, failure to adhere to the financial obligations stipulated by the Act and its regulations could be subject to legal action. The penalties for such breaches are not detailed within the amending Regulations themselves but would be governed by the broader legislative framework provided by the Act.