EXPLANATORY STATEMENT
Statutory Rules 1988 No 355
Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Section 13 of the Remuneration Tribunals Act 1973 (the Act) provides that:
“The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.”
Subsection 7(11) of the Act provides that:
“ … (11) Except as prescribed, or as authorized or approved by or under any other law of the Commonwealth or any law of a Territory, a person is not entitled to be paid any remuneration in respect of his holding, or performing the duties of, a public office on a part-time basis if the person holds any office or appointments, 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, an incorporated company referred to in paragraph 3(4)(da) 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.”
Ms Rosemary Follett was appointed to the part-time position of member of the ACT Milk Authority from 18 November 1986. That position is a “public office” as defined in subsection 3(4) of the Act.
As Ms Follett is also a full-time officer of the Australian Public Service, an exemption from the provisions of subsection 7(11) of the Act has been made so that she might receive remuneration for the performance of her duties as a member of the ACT Milk Authority. The duties of her part-time office are unrelated to those of her full-time office. The exemption is consistent with guidelines issued by the Minister for Administrative Services in June 1978.
The exemption operates prospectively from the date of gazettal of the Statutory Rule.
A regulation has been made to amend regulation 6 of the Remuneration Tribunals (Miscellaneous Provisions) Regulations to exempt the appointment of Ms Follett from the operation of subsection 7(11) of the Act.