EXPLANATORY STATEMENT
Statutory Rules 1988 No 320
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.”
Mr Henry Bosch was appointed to the part-time position of Deputy Chairman of the Civil Aviation Authority on 17 June 1988. That position is a “public office” as defined in sub-section 3(4) of the Act.
As Mr Bosch is also full-time Chairman of the National Companies and Securities Commission, his appointment has been prescribed for the purposes of subsection 7(11) of the Act to enable him to receive remuneration for the performance of his duties in the office of Deputy Chairman of the Civil Aviation Authority. The duties of his part-time office are unrelated to those of his full-time office. The proposal to remunerate Mr Bosch for both offices is consistent with guidelines issued by the Minister for Administrative Services in June 1978.
Regulation 6 of the Remuneration Tribunals (Miscellaneous Provisions) Regulations has been amended in order to prescribe the appointment of Mr Bosch to the office of Deputy Chairman of the Civil Aviation Authority under subsection 7(11) of the Act. This action will enable Mr Bosch to be remunerated in relation to the duties he will perform in that office.