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.
Overview
The Telecommunications Regulations (Amendment) Statutory Rules 1989 were enacted to address the need for specific allowances for members of the Australian Telecommunications Authority (AUSTEL). These regulations were introduced as an amendment to the Telecommunications Act 1989 and were issued under the authority of the Minister for Telecommunications and Aviation Support. The policy objective behind these regulations is to establish the allowances payable to the Chairperson and full-time members of AUSTEL, ensuring that these allowances are comparable to those received by equivalent officials in the Department of Transport and Communications and the Senior Executive Service of the Australian Public Service, with certain exceptions. By doing so, the regulations aim to provide clarity and consistency in the remuneration of key personnel within AUSTEL, facilitating the effective functioning of the authority.
Scope and Application
The Telecommunications Regulations (Amendment) Statutory Rules 1989 No. 418, issued under the authority of the Minister for Telecommunications and Aviation Support, pertain specifically to the allowances payable to the Chairperson and full-time members of the Australian Telecommunications Authority (AUSTEL). These regulations are made under subsection 185(1) of the Telecommunications Act 1989, which allows the Governor-General to prescribe matters necessary for carrying out the Act. Regulation 10 of the amended regulations sets out the allowances for the Chairperson of AUSTEL and the two full-time members appointed under the Act, ensuring these individuals receive remuneration comparable to that of the Secretary to the Department of Transport and Communications and a level 5 officer in the Senior Executive Service of the Australian Public Service, respectively. Notably, the prescribed allowances do not include expenses of office allowance, district allowance, or any travelling allowance, as these are already covered under a separate determination by the Remuneration Tribunal. These regulations apply to the Chairperson and full-time members of AUSTEL and came into effect from the dates their appointments commenced, with the Chairperson starting on 21 June 1989, and the full-time members on 30 October 1989.
Key Provisions
The main operative sections of the Statutory Rules 1989 No. 418 are regulation 10(a) and 10(b). Regulation 10(a) provides that the Chairperson of the Australian Telecommunications Authority (AUSTEL) appointed under subsection 158(2) of the Telecommunications Act 1989 is entitled to receive, from the commencement of their appointment, the same allowances, with certain exceptions, as are payable to the Secretary to the Department of Transport and Communications. Regulation 10(b) states that a full-time member, other than the Chairperson, appointed under subsection 158(3) of the Act, is entitled to receive 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 Act imposes specific obligations on the parties involved, particularly the Chairperson and the full-time members of AUSTEL. These obligations include receiving the allowances prescribed by regulation 10, which are to be the same as those paid to the Secretary to the Department of Transport and Communications for the Chairperson and to a level 5 officer in the SES for the full-time members. Additionally, the allowances do not include expenses of office allowance, district allowance, or any travelling allowance, as these are already part of their remuneration package under Determination No. 5 of 1989.
There are no explicit offences, penalties, or civil/criminal consequences for breach outlined in the Explanatory Statement or the Statutory Rules. However, the regulation ensures that the allowances are prescribed correctly and that the Chairperson and full-time members receive their entitlements as per the law. The regulation is made under the authority of the Minister for Telecommunications and Aviation Support, and it is expected that compliance with these provisions is mandatory for the proper functioning of AUSTEL. The regulation commenced on the date of its notification in the Gazette, and the Chairperson and full-time members have been receiving their allowances from the commencement of their appointments.