Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 360
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 360
Issued by the Authority of the Assistant Minister for Industrial Relations
Remuneration Tribunal Act 1973
Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)
Section 13 of the Remuneration Tribunal Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Paragraph 3(4)(v) of the Act provides in part that a reference to a public office does not include a reference to an appointment which has been prescribed for the purposes of the paragraph.
Regulation 5 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) prescribes offices and appointments for the purposes of paragraph 3(4)(v) of the act.
Under the Royal Commissions Act 1902 and other enabling powers, an inquiry has been established into the operations of the Civil Aviation Authority, in connection with the appropriateness of certain actions by officers of the Authority in relation to the operations of Seaview Air and the implications of the findings there from for ensuring total propriety in air safety administration.
The proposed Letters Patent require the inquiry to be undertaken and make a report to be furnished by 27 January 1995.
Remuneration for Commissioners appointed under the Royal Commissions Act 1902 has in the past been established by different processes including determination by the Tribunal, or by the Government based on legal or consultancy fees. In this case remuneration for the Commissioner has been determined by the Government.
Accordingly, the appointment of a person as a Commissioner to inquire into matters relating to the operations of the Civil Aviation Authority in connection with the operations of Seaview Air, has been prescribed for the purposes of paragraph 3(4)(v) of the Act.
The Regulations commenced on gazettal.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 360 amends the Remuneration Tribunal (Miscellaneous Provisions) Regulations to address the remuneration of a Commissioner appointed under the Royal Commissions Act 1902 for an inquiry into the operations of the Civil Aviation Authority, specifically in relation to Seaview Air. Enacted under the authority of the Assistant Minister for Industrial Relations, the amendment aims to ensure that the remuneration of this Commissioner, determined by the Government, aligns with the procedures set out in the Remuneration Tribunal Act 1973. The objective is to maintain propriety and transparency in the administration of air safety while providing clear guidelines for the remuneration of such high-profile appointments. These regulations, which commenced upon gazettal, aim to fill a specific gap by ensuring that the remuneration of this Commissioner is prescribed, thereby excluding it from the purview of the Remuneration Tribunal.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 360 amends the Remuneration Tribunal (Miscellaneous Provisions) Regulations, implementing provisions under the Remuneration Tribunal Act 1973. The Act applies to the establishment of remuneration for persons appointed to public offices and is governed at the Commonwealth level. The amendment prescribes certain appointments, including that of a Commissioner appointed under the Royal Commissions Act 1902, for the purposes of paragraph 3(4)(v) of the Remuneration Tribunal Act 1973, thereby excluding these specific appointments from the general definition of public office for remuneration purposes. This amendment ensures that the remuneration for such a Commissioner is determined by the Government, rather than by the Remuneration Tribunal, in line with the specific requirements of the Royal Commissions Act 1902. The Regulations are effective from the date of their gazette, ensuring timely application to the ongoing inquiry into the Civil Aviation Authority.
Key Provisions
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 360 amends the Remuneration Tribunal (Miscellaneous Provisions) Regulations under the Remuneration Tribunal Act 1973. This amendment prescribes certain appointments for the purposes of paragraph 3(4)(v) of the Act, which excludes specific appointments from being considered public offices. Regulation 5 specifically prescribes the appointment of a Commissioner for the inquiry into the Civil Aviation Authority's operations in relation to Seaview Air. These Regulations came into effect upon gazettal.
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) 1994 No. 360 imposes specific obligations on the parties involved in the Royal Commission inquiry. It mandates that the remuneration for the Commissioner be determined by the Government, diverging from previous processes that involved either the Remuneration Tribunal or calculations based on legal or consultancy fees. This regulation ensures that the financial arrangements for the Commissioner are transparently set by the Government.
Failure to comply with the provisions of the Remuneration Tribunal Act 1973 and the Regulations could result in legal consequences. Although specific offences and penalties are not detailed in the text, breaches of the Act could potentially lead to civil or criminal actions, with penalties depending on the nature and severity of the breach. The exact consequences would be determined by the courts in the event of non-compliance.