EXPLANATORY STATEMENT
Statutory Rules 1990 No. 471
Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Under section 13 of the Remuneration Tribunal Act 1973 (the Act) the Governor-General may make regulations for the purposes of the Act.
Subsection 7 (11) of the Act provides that except as prescribed, or authorised or approved by legislation, a person employed on a full-time basis (a full-time employee) of the Commonwealth or the Administration of a Territory, or by certain other bodies, is not entitled to be paid remuneration for performing the duties of a public office held on a part-time basis.
Regulation 6 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) prescribes, for the purposes of subsection 7(11) of the Act, those part-time offices the holders of which are entitled to be paid remuneration, as determined by the Remuneration Tribunal.
It is proposed to prescribe that the person who is employed on a full-time basis as Special Adviser to the Minister for Land Transport and who also holds a part-time office with the Civil Aviation Authority is entitled to be paid remuneration for the part-time office.
Under the relevant instrument of appointment to the full-time position as Special Adviser the remuneration received by the person holding that position is to be reduced by the amount of remuneration received in relation to any part-time office also held by that person.
The effect of the proposed Regulation will be to ensure that remuneration is divided between the two offices held by the person, and will reflect the relative time spent on performance of duties of each of the offices.