EXPLANATORY STATEMENT
Statutory Rules 1988 No. 387
Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Subsection 5(2) of the Remuneration Tribunals Act 1973 (the Act) provides the Remuneration Tribunal with the additional function of providing advice to public statutory corporations, government business enterprises and other employing bodies in relation to terms and conditions (including remuneration and allowances) on which principal executive offices are to be held. Subsection 3(1) of the Act defines principal executive office as an office or appointment declared by regulations made for the purposes of paragraph 3(4 )(ra) to be a principal executive office.
Paragraph 3(4)(ra) of the Act excludes an office or appointment declared by regulation made for the purposes of this paragraph from the meaning of “public office” and consequently from the determination making jurisdiction of the Remuneration Tribunal. The effect of declaring an office to be a principal executive office in a regulation made for the purposes of paragraph 3(4)(ra) of the Act, therefore, is to bring the office into the advisory jurisdiction of the Remuneration Tribunal and to simultaneously exclude the office from the determination making jurisdiction.
Under section 13 of the Act the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The offices of:
• Chief Executive of the Australian Industry Development Corporation;
• Managing Director of the Australian Shipping Commission;
• Governor of the Reserve Bank;
• Deputy Governor of the Reserve Bank; and
• Managing Director of the Snowy Mountains Engineering Corporation
have been declared in a new Schedule 1 (Regulation 4) of the Remuneration Tribunals (Miscellaneous Provisions) Regulations (the Regulations) prospectively from the date of gazettal of the Statutory Rule. The following offices:
• Managing Director of the Australian National Railways Commission; and
• Managing Director of the Australian Postal Corporation
have been declared in a new Schedule 1 (Regulation 4) of the Regulations from the dates of proclamation of the relevant parts of the enabling legislation creating those offices (probably 1 January 1989).