Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment)

Overview

The Remuneration Tribunals (Miscellaneous Provisions) Regulations 1980 were enacted under the authority of the Remuneration Tribunals Act 1973 to provide for the administration of remuneration for certain public office holders, particularly those in the Australian Capital Territory. The regulations address the need for clarity and consistency in the remuneration of officials who hold dual positions, such as part-time roles in the Australian Capital Territory House of Assembly and full-time roles in Commonwealth or related services. Made by the Governor-General, acting on the advice of the Federal Executive Council, these regulations seek to ensure that remuneration is appropriately determined and updated according to the decisions of the Remuneration Tribunal. This regulatory framework aims to align the remuneration of these officials with the functions and responsibilities of their respective offices, maintaining fairness and transparency in their compensation.

Scope and Application

The Remuneration Tribunals (Miscellaneous Provisions) Regulations, made under the Remuneration Tribunals Act 1973, apply to individuals holding the office of President or other members of the Australian Capital Territory House of Assembly on a part-time basis, provided they also hold a full-time position in the service of the Commonwealth, the Administration of a Territory, a public statutory corporation, or an incorporated company whose stock or shares are beneficially owned by the Commonwealth or a public statutory corporation. These regulations establish the remuneration, including the annual allowance, payable to such individuals until a determination by the Remuneration Tribunal takes effect, after which the Tribunal's determination governs the remuneration. The regulations explicitly clarify that terms used within them have the same meanings as those defined in Part II of the Remuneration Tribunals Act 1973 unless otherwise indicated. The regulations, which came into effect on 12 June 1979, also incorporate amendments to earlier statutory rules from 1976 through 1979.

Key Provisions

The Statutory Rules 1980 No. 139, made under the Remuneration Tribunals Act 1973, introduce specific amendments to the Remuneration Tribunals (Miscellaneous Provisions) Regulations. Primarily, Regulation 3 is amended to clarify that the words and expressions used within these Regulations and Part II of the Act have the same respective meanings, unless otherwise specified (sub-regulation 3(2)). Additionally, Regulation 7 is repealed and replaced with new provisions concerning the remuneration of part-time office holders within the Australian Capital Territory House of Assembly who also hold full-time positions elsewhere (Regulation 7(1)). According to this regulation, until a determination by the Tribunal takes effect, such office holders are entitled to the remuneration outlined in the House of Assembly (Remuneration) Ordinance 1979. Post the Tribunal's determination, the remuneration is set by the Tribunal itself (Regulation 7(1)(c) and (d)). The regulation is deemed to have commenced on 12 June 1979 (Regulation 7(2)). The Regulations impose several obligations on the parties they govern. Firstly, it is mandatory for any person who holds the office of President or another member of the Australian Capital Territory House of Assembly on a part-time basis, while simultaneously holding a full-time position elsewhere, to adhere to the remuneration provisions outlined in the Regulations (Regulation 7(1)). Specifically, until the Tribunal makes a determination, these individuals must receive the remuneration specified under the House of Assembly (Remuneration) Ordinance 1979 (Regulation 7(1)(c)). Upon the Tribunal's determination, the remuneration must align with what the Tribunal sets forth (Regulation 7(1)(d)). Furthermore, the Regulations require that these remuneration provisions apply retroactively from 12 June 1979 (Regulation 7(2)). The Statutory Rules do not explicitly outline offences, penalties, or consequences for non-compliance with the Regulations. However, any breach of the Remuneration Tribunals Act 1973 or its subsidiary legislation could potentially lead to civil or criminal liabilities under the broader legislative framework. In general, non-compliance with legislative requirements can result in legal action, including fines or imprisonment, depending on the severity and nature of the breach. The maximum penalties would be determined by the specific provisions of the primary Act and any related legislation.