Salaries and Wages Pause Act Repeal Act 1983
No. 55 of 1983
An Act to repeal the Salaries and Wages Pause Act 1982 and for related purposes
[Assented to 7 October 1983]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the Salaries and Wages Pause Act Repeal Act 1983.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Repeal
3. The Salaries and Wages Pause Act 1982 is repealed.
Transitional
4. (1) Notwithstanding sub-section 4 (6) of the Health Insurance Act 1973, the regulations that are in force under section 4 of that Act at the commencement of this Act—
(a) shall continue in force but may be amended by regulations under section 4 of that Act; and
(b) shall, unless sooner repealed, cease to be in force at the expiration of the period of 9 months commencing on the day on which this Act receives the Royal Assent.
(2) Notwithstanding sub-section 98ba (4) of the National Health Act 1953, the Pharmaceutical Benefits Remuneration Tribunal shall ensure that its findings resulting from the first inquiry held by it after the commencement of this Act are issued not later than 6 months after the commencement of this Act.
Overview
The Salaries and Wages Pause Act Repeal Act 1983 was enacted to address the need to repeal the Salaries and Wages Pause Act 1982, which had imposed restrictions on wage increases during a period of economic difficulty. This Act was passed by the Commonwealth Parliament to eliminate the outdated provisions that no longer served their original purpose. The repeal of the 1982 Act was intended to restore flexibility in wage negotiations and align the legislative framework with the evolving economic conditions. The policy objective behind the Act was to facilitate a return to a more normal economic environment by removing the constraints on wage increases that had been deemed unnecessary. This legislative action was aimed at fostering economic recovery and stability by allowing market forces to dictate wage adjustments.
Scope and Application
The Salaries and Wages Pause Act Repeal Act 1983 pertains to the repeal of the Salaries and Wages Pause Act 1982 and its associated regulations, effectively extinguishing the legislative framework that previously imposed restrictions on wage increases in Australia. This Act applies to the entire Commonwealth of Australia and affects all entities and individuals who were subject to the provisions of the Salaries and Wages Pause Act 1982. The repeal signifies the removal of the constraints on wage negotiations and adjustments that were previously in place, thereby restoring the freedom of employers and employees to negotiate salaries and wages without legislative interference. Additionally, the Act includes specific transitional provisions for the continuation and eventual cessation of related regulations under the Health Insurance Act 1973 and the National Health Act 1953, ensuring a smooth transition and compliance with the new legislative environment. The Act does not specify any exclusions or exemptions and applies broadly to the cessation of wage pause regulations as stipulated.
Key Provisions
The Salaries and Wages Pause Act Repeal Act 1983 (the "Act") serves to repeal the Salaries and Wages Pause Act 1982 (the "Pause Act") and address related transitional matters. The primary operative sections of the Act include the repeal of the Pause Act (section 3) and provisions concerning the continuation and eventual cessation of certain regulations under the Health Insurance Act 1973 and the National Health Act 1953 (section 4). The Act also specifies that it comes into operation on the day it receives Royal Assent (section 2).
Under the Act, the regulations in force under section 4 of the Health Insurance Act 1973 at the commencement of the Act will continue to be in effect, but they are subject to amendment by regulations under the same section of the Health Insurance Act. These regulations will cease to be in force unless sooner repealed, and will automatically expire nine months after the Act receives Royal Assent (section 4(1)). Additionally, the Pharmaceutical Benefits Remuneration Tribunal must ensure that its findings from the first inquiry held after the commencement of the Act are issued no later than six months after the Act commences (section 4(2)).
The Act imposes several obligations on entities and individuals. Firstly, it requires the continuation of certain regulations under the Health Insurance Act 1973, with the possibility of amendment, until they expire nine months after the Act receives Royal Assent. Secondly, it mandates that the Pharmaceutical Benefits Remuneration Tribunal must issue findings from its first inquiry within six months of the Act's commencement. These obligations ensure a smooth transition in the regulatory environment and the timely dissemination of information.
There are no explicit provisions in the Act detailing offences, penalties, or civil/criminal consequences for breaches. The Act primarily focuses on the repeal of the Pause Act and the transitional measures for related regulations. Therefore, the Act does not itself impose penalties for non-compliance with its provisions, but entities and individuals affected by the regulations it continues or modifies may face consequences under the Acts they govern.