Statutory Rules 1981 No. 1241
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Remuneration Tribunals (Miscellaneous Provisions) Regulations2(Amendment)
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Remuneration Tribunals Act 1973.
Dated 3 June 1981.
STANLEY BURBURY
Administrator
By His Excellency’s Command,
KEVIN NEWMAN
Minister of State for Administrative Services
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The Remuneration Tribunals (Miscellaneous Provisions) Regulations are amended by adding at the end thereof the following regulation:
Office of part-time member of the Superannuation Fund Investment Trust
“11. (1) A person who—
(a) holds the office of the member of the Superannuation Fund Investment Trust referred to in paragraph 30 (1) (b) of the Superannuation Act 1976; and
(b) holds any office or appointment, or is otherwise employed, on a full-time basis in the service or employment of the Commonwealth, the Administration of a Territory, a public statutory corporation or an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth or by a public statutory corporation,
is entitled to be paid the remuneration that the Tribunal from time to time determines to be the remuneration to be paid to a person holding the office referred to in paragraph (a).
“(2) This regulation shall be deemed to have come into operation on 28 February 1981.”.
1. Notified in the Commonwealth of Australia Gazette on 12 June 1981.
2. Statutory Rules 1976 No. 104 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 39 and see also Statutory Rules 1981 No. 39.
Overview
The Remuneration Tribunals (Miscellaneous Provisions) Regulations 1981, made under the Remuneration Tribunals Act 1973, introduce amendments aimed at ensuring consistent and fair remuneration practices for part-time members of the Superannuation Fund Investment Trust. This legislation seeks to address the gap in remuneration guidelines for individuals holding both a part-time position with the Superannuation Fund Investment Trust and a full-time position within the Commonwealth or related entities. By setting out a specific remuneration framework, the regulations aim to provide clarity and uniformity in the compensation for such dual-role holders, ensuring they are appropriately compensated for their part-time contributions while maintaining full-time employment in other capacities. The regulations were enacted by the Administrator of the Government of the Commonwealth of Australia, following advice from the Federal Executive Council, and were designed to implement the policy objectives of the Remuneration Tribunals Act 1973 by ensuring equitable remuneration practices across various government and statutory roles.
Scope and Application
The Remuneration Tribunals (Miscellaneous Provisions) Regulations, amended by the Statutory Rules 1981 No. 1241, extend to any person who holds the office of a part-time member of the Superannuation Fund Investment Trust as defined in the Superannuation Act 1976, and who is concurrently employed full-time in the service or employment of the Commonwealth, the Administration of a Territory, a public statutory corporation, or an incorporated company fully owned or beneficially controlled by the Commonwealth or a public statutory corporation. This regulation mandates that such individuals are entitled to receive remuneration determined by the Tribunal, effective from 28 February 1981. The scope of this amendment is limited to those specific roles and employment conditions, ensuring that part-time members of the Superannuation Fund Investment Trust who are also engaged in full-time Commonwealth, territorial, statutory, or controlled corporate roles are appropriately remunerated. The amendment does not explicitly exclude any groups or entities, thereby applying broadly to the described circumstances within its jurisdictional reach.
Key Provisions
The Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) (F1996B02426) introduces a new regulation, numbered 11, to determine the remuneration for part-time members of the Superannuation Fund Investment Trust. According to Regulation 11(1), a person holding the office of a member of the Superannuation Fund Investment Trust and also holding any office or appointment, or being employed on a full-time basis in the service or employment of the Commonwealth, the Administration of a Territory, a public statutory corporation, or an incorporated company, is entitled to be paid the remuneration that the Tribunal determines. This remuneration is set by the Tribunal from time to time and is specific to the office of the member of the Superannuation Fund Investment Trust as referenced in paragraph 30(1)(b) of the Superannuation Act 1976.
The Regulations impose specific obligations on the entities involved. Firstly, the Remuneration Tribunal must determine the remuneration for part-time members of the Superannuation Fund Investment Trust. This requires the Tribunal to regularly review and set appropriate remuneration levels based on the duties and responsibilities associated with the office. Additionally, employers of individuals who hold both a part-time position on the Trust and a full-time position within specified entities must ensure that these individuals are paid according to the Tribunal's determinations.
There are no specific offences, penalties, or consequences outlined in the amendment itself for non-compliance with the remuneration determinations. However, any failure to adhere to the remuneration as determined by the Tribunal could potentially lead to legal challenges or disputes regarding the terms of employment and compensation. While the Regulations do not explicitly state penalties, non-compliance with Tribunal determinations could result in civil actions or legal disputes, particularly if the terms of employment are not met as required by law.