Remuneration Tribunal (Miscellaneous Provisions) Regulations 2017

Administered by Department of the Prime Minister and Cabinet

Legislation au F2017L01222 Regulations In force Legislative Instrument

Legislation content

Remuneration Tribunal (Miscellaneous Provisions) Regulations 2017

made under the

Remuneration Tribunal Act 1973

Compilation No. 3

Compilation date: 14 October 2024

Includes amendments: F2024L01287

About this compilation

This compilation

This is a compilation of the Remuneration Tribunal (Miscellaneous Provisions) Regulations 2017 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

5 Definitions

6 Offices and appointments that are not public offices

7 Staff‑elected Director of the Australian Broadcasting Corporation Board

8 Remuneration for some holders of a judicial office

9 Application provisions—Remuneration Tribunal (Miscellaneous Provisions) Amendment (Holders of Judicial Office) Regulations 2024

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Remuneration Tribunal (Miscellaneous Provisions) Regulations 2017.

3  Authority

  This instrument is made under the Remuneration Tribunal Act 1973.

5  Definitions

  In this instrument:

Act means the Remuneration Tribunal Act 1973.

6  Offices and appointments that are not public offices

  For the purposes of paragraph 3(4)(v) of the Act, the following offices and appointments are prescribed:

 (a) the appointment, by Letters Patent, of a person as a Commissioner to inquire into and report on matters specified in the Letters Patent;

 (b) the appointment, under subsection 40F(1) of the Fair Work Act 2009, of a person as a member of the Road Transport Advisory Group;

 (c) the appointment, under subsection 40F(6) of the Fair Work Act 2009, of a person to chair the Road Transport Advisory Group;

 (d) the office of member of a subcommittee established under section 40G of the Fair Work Act 2009;

 (e) the office of chair of a subcommittee established under section 40G of the Fair Work Act 2009.

7  Staff‑elected Director of the Australian Broadcasting Corporation Board

  Subsection 7(11) of the Act does not apply to a person elected as the staff‑elected Director in accordance with section 13A of the Australian Broadcasting Corporation Act 1983.

8  Remuneration for some holders of a judicial office

  Subsection 7(12) of the Act does not apply to a person who:

 (a) holds, or performs the duties of, the office of a member of the Administrative Review Tribunal; and

 (b) holds a judicial office in the service of the Government of a State or of a country other than Australia, other than on a full‑time basis.

9  Application provisions—Remuneration Tribunal (Miscellaneous Provisions) Amendment (Holders of Judicial Office) Regulations 2024

 (1) Section 8 applies in relation to working out whether a person is entitled to be paid remuneration for the day on which that section commenced or for any later day.

 (2) Section 8 applies in relation to a person who holds, or performs the duties of, the office of a member of the Administrative Appeals Tribunal, whether the person became the holder of the office before, on or after the day on which that section commenced.

 (3) Section 8 applies in relation to a person who holds a judicial office, whether the person became the holder of the office before, on or after the day on which that section commenced.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Remuneration Tribunal (Miscellaneous Provisions) Regulations 2017

20 Sept 2017 (F2017L01222)

21 Sept 2017 (s 2(1) item 1)

 

Remuneration Tribunal (Miscellaneous Provisions) Amendment (Road Transport Advisory Group) Regulations 2024

16 Aug 2024 (F2024L01021)

17 Aug 2024 (s 2(1) item 1)

—

Remuneration Tribunal (Miscellaneous Provisions) Amendment (Holders of Judicial Office) Regulations 2024

10 Oct 2024 (F2024L01287)

Sch 1 (item 1): 11 Oct 2024 (s 2(1) item 2)
Sch 1 (item 2): 14 Oct 2024 (s 2(1) item 3)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

s 6.....................

rs F2024L01021

s 8.....................

ad F2024L01287

 

am F2024L01287

s 9.....................

ad F2024L01287

Schedule 1................

rep LA s 48C

 

 

Overview

The Remuneration Tribunal (Miscellaneous Provisions) Regulations 2017, enacted under the Remuneration Tribunal Act 1973, address various issues concerning the scope and application of the Remuneration Tribunal's jurisdiction over remuneration of certain public office holders. These regulations were introduced to clarify the types of offices and appointments that are considered public offices for the purposes of determining remuneration, and to exclude certain categories of office holders from specific provisions of the Act. The Australian Parliament enacted these regulations to ensure that the Remuneration Tribunal's authority is correctly applied and that remuneration is determined fairly and consistently across different public offices. The primary objective of these regulations is to provide precise definitions and applications of what constitutes a public office and to delineate which individuals are subject to the Remuneration Tribunal's determinations. For example, the regulations specify certain appointments and offices that do not qualify as public offices for remuneration purposes, and they exclude certain judicial office holders from particular remuneration provisions. This helps to avoid any ambiguity or inconsistency in the application of the Remuneration Tribunal Act.

Scope and Application

The Remuneration Tribunal (Miscellaneous Provisions) Regulations 2017, made under the Remuneration Tribunal Act 1973, applies to various offices, appointments, and holders of judicial offices in Australia. These regulations specifically define certain offices and appointments that are not considered public offices for the purposes of the Act, including appointments under the Fair Work Act 2009 and the office of a member of the Administrative Review Tribunal. Notably, the regulations exclude certain staff-elected Directors of the Australian Broadcasting Corporation Board and holders of judicial offices who perform their duties on a part-time basis outside Australia from the scope of certain sections of the Act. The regulations also address the remuneration of holders of judicial offices, applying to those who hold or perform duties of such offices before, on, or after the commencement date of specific sections. The regulations have a Commonwealth reach, impacting federal entities and offices, and are subject to modifications and amendments as per the legislative history and amendment history detailed in the endnotes. The effect of uncommenced amendments is not shown in the text of the compiled law, but can be accessed on the Register.

Key Provisions

The Remuneration Tribunal (Miscellaneous Provisions) Regulations 2017, as amended, outline several key provisions under the Remuneration Tribunal Act 1973. Section 6 specifies certain offices and appointments that do not qualify as public offices for the purposes of the Act, including roles such as a Commissioner appointed by Letters Patent, members and chairs of the Road Transport Advisory Group, and members and chairs of subcommittees established under the Fair Work Act 2009. Section 7 clarifies that the remuneration provisions do not apply to the staff-elected Director of the Australian Broadcasting Corporation Board, as per section 13A of the Australian Broadcasting Corporation Act 1983. Furthermore, Section 8 excludes holders of certain judicial offices, specifically those who are members of the Administrative Review Tribunal and hold a judicial office outside Australia on a part-time basis, from the remuneration provisions under section 7 of the Act. The Regulations impose several obligations on the parties they govern. For example, they require that the specified offices and appointments, listed in section 6, are recognised as not qualifying as public offices for the purposes of determining remuneration. They also mandate that certain roles, such as the staff-elected Director of the Australian Broadcasting Corporation Board, are exempt from the general remuneration provisions outlined in section 7. Additionally, section 8 ensures that holders of specific judicial offices are excluded from the remuneration provisions if they hold such offices on a part-time basis outside Australia. In terms of consequences for non-compliance, the Regulations do not explicitly state offences, penalties, or specific consequences for breach. However, any breach of the Remuneration Tribunal Act 1973 or its Regulations could potentially lead to legal action, as governed by the general provisions of the Act and other relevant legislation. Parties found to be in breach of these provisions might face legal consequences, including the need to rectify their remuneration arrangements to comply with the Act. It is essential for affected parties to adhere to the Regulations to avoid any legal repercussions.

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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.