EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 418
Issued by Authority of the Minister for Telecommunications and Aviation Support
Telecommunications Act 1989
Telecommunications Regulations (Amendment)
Subsection 185(1) of the Telecommunications Act 1989 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 171(3) provides for the prescribing of allowances for a member of the Australian Telecommunications Authority (AUSTEL). The purpose of new regulation 10 is to prescribe the allowances payable to the Chairperson of AUSTEL appointed under subsection 158(2) of the Act and the two full time members appointed under subsection 158(3) of the Act.
Paragraph 10(a) provides that the Chairperson is entitled to receive, from the commencement of his or her appointment, the same allowances, with certain exceptions, as are payable to the Secretary to the Department of Transport and Communications.
Paragraph 10(b) provides that a full time member, other than the Chairperson, appointed under section 158 is entitled to receive, from the commencement of his or her appointment, the same allowances, with certain exceptions, as are payable to a level 5 officer in the Senior Executive Service (SES) of the Australian Public Service.
The allowances prescribed in regulation 10 do not include expenses of office allowance, district allowance or any travelling allowance. These allowances already form part of the remuneration package for the Chairperson and the full time members of AUSTEL under Determination No.5 of 1989 determined by the Remuneration Tribunal pursuant to subsection 171(1) of the Act.
The allowances for the Chairperson and full time members of AUSTEL are established by regulation 10 and take effect from the date of commencement by the Chairperson and full time members of their respective appointments. The Chairperson, Mr Robin Davey, commenced his appointment on 21 June 1989, and each of the full time members, Ms Johanna Plante and Mr Alex Arena, commenced appointment on 30 October 1989.
The Regulation commenced on the date of its notification in the Gazette.