REMUNERATION AND OTHER LEGISLATION AMENDMENT BILL 2011

i Remuneration and Other Legislation Amendment Bill 2011 No. , 2011

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Australian Public Service offices

Part 1--Main amendments

Remuneration Tribunal Act 1973

Part 2--Related amendments

Public Service Act 1999

Remuneration Tribunal Act 1973

Part 3--Transitional

Schedule 2--Members of Parliament

Parliamentary Contributory Superannuation Act 1948

Parliamentary Superannuation Act 2004

Remuneration and Allowances Act 1990

Remuneration Tribunal Act 1973

Remuneration and Other Legislation Amendment Bill 2011 No. , 2011 1

A Bill for an Act to amend the law relating to the

remuneration of certain Australian Public Service

offices and of Members of Parliament, and for

related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Remuneration and Other Legislation

Amendment Act 2011.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Remuneration and Other Legislation Amendment Bill 2011 No. , 2011

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

3. Schedule 2

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Australian Public Service offices Schedule 1

Main amendments Part 1

Remuneration and Other Legislation Amendment Bill 2011 No. , 2011 3

Schedule 1--Australian Public Service offices

Part 1--Main amendments

Remuneration Tribunal Act 1973

1 Subsection 3(1)

Insert:

Departmental Secretary means a Secretary of a Department

appointed under the Public Service Act 1999.

2 Subsection 3(1)

Insert:

Public Service Commissioner means the Public Service

Commissioner appointed under the Public Service Act 1999.

3 Paragraph 3(4)(k)

Repeal the paragraph, substitute:

(k) an office of Departmental Secretary;

4 Subsection 5(2B)

Repeal the subsection, substitute:

(2B) An additional function of the Tribunal is:

(a) to inquire into, and determine, matters referred to in

Division 4; and

(b) in connection with determinations made under that Division,

to perform such other functions and exercise such other

powers as are conferred on the Tribunal by that Division.

5 Subsection 7(7)

After "ACT office", insert "or that is made under Division 4".

6 At the end of Part II

Add:

Schedule 1 Australian Public Service offices

Part 1 Main amendments

4 Remuneration and Other Legislation Amendment Bill 2011 No. , 2011

Division 4--Remuneration etc. for Departmental

Secretaries

13 Determination of classification structure etc.

(1) The Tribunal must determine a classification structure for offices

of Departmental Secretary.

(2) The Tribunal may also determine any matter that is, or is

considered by it to be, significantly related to the classification

structure determined under subsection (1).

(3) The Tribunal must, from time to time, determine the classification

to which each office of Departmental Secretary is assigned.

(4) The Tribunal may hold inquiries for the purpose of performing its

functions under subsections (1), (2) and (3).

(5) The Secretary of the Department that is administered by the Prime

Minister may, from time to time after the Tribunal has made its

first determination under subsection (3), make recommendations to

the Tribunal about matters relating to the assignment of a particular

office of Departmental Secretary to a particular classification.

14 Amount of remuneration

Remuneration for certain Secretaries

(1) The Tribunal must, from time to time, determine the amount of

remuneration that is to be paid to:

(a) the Secretary of the Department that is administered by the

Prime Minister; and

(b) the Secretary of the Department that is administered by the

Treasurer.

(2) The amount of remuneration determined under subsection (1) must

be consistent with the classification structure determined by the

Tribunal under section 13.

Note:

Determinations made by the Tribunal under subsection (1) must be

published in accordance with section 16.

Australian Public Service offices Schedule 1

Main amendments Part 1

Remuneration and Other Legislation Amendment Bill 2011 No. , 2011 5

Remuneration for other Secretaries

(3) The Secretary of the Department that is administered by the Prime

Minister, in consultation with the President of the Tribunal and the

Public Service Commissioner, must, from time to time, assign each

Departmental Secretary (other than a Departmental Secretary

referred to in subsection (1)) to an amount of remuneration.

(4) The amount of remuneration to which a Departmental Secretary is

assigned under subsection (3) must be consistent with the

classification structure determined by the Tribunal under

section 13.

(5) An assignment made under subsection (3):

(a) must be in writing; and

(b) comes into operation on the date specified in the instrument

of assignment.

(6) The Secretary of the Department that is administered by the Prime

Minister must give the Minister a copy of each instrument of

assignment made under subsection (3).

(7) For the purposes of subsection 5(3AB) of the Superannuation Act

1976, an assignment under subsection (3) of this section of a

Departmental Secretary to an amount of remuneration is taken to

be a determination made under the Remuneration Tribunal Act

1973 in respect of the remuneration of the Departmental Secretary.

15 Determination of other terms and conditions

The Tribunal must, from time to time, inquire into, and determine,

the terms and conditions (other than remuneration) that are to apply

to the offices of Departmental Secretary.

16 Publication of determinations made by the Tribunal under this

Division

The Tribunal must ensure that a determination made by the

Tribunal under this Division is published in the Gazette, and on the

Tribunal's website, within 14 days after it is made.

Note 1:

A determination made by the Tribunal under this Division must be in

writing and comes into operation on the date specified in the

determination: see subsection 7(5).

Australian Public Service offices Schedule 1

Related amendments Part 2

Remuneration and Other Legislation Amendment Bill 2011 No. , 2011 7

Part 2--Related amendments

Public Service Act 1999

7 Section 46

Repeal the section, substitute:

46 Remuneration and other terms and conditions of appointment

Remuneration and allowances

(1) The Commissioner is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, the

Commissioner is to be paid the remuneration that is prescribed by

the regulations.

(2) The Commissioner is to be paid the allowances that are prescribed

by the regulations.

(3) Subsections (1) and (2) have effect subject to the Remuneration

Tribunal Act 1973.

Leave of absence

(4) The Commissioner has the recreation leave entitlements that are

determined by the Remuneration Tribunal.

(5) The Agency Minister may grant the Commissioner leave of

absence, other than recreation leave, on the terms and conditions as

to remuneration or otherwise that the Agency Minister determines.

Other terms and conditions

(6) The Commissioner holds office on the terms and conditions (if

any) in relation to matters not covered by this Act that are

determined by the Agency Minister.

8 Section 53

Repeal the section, substitute:

Schedule 1 Australian Public Service offices

Part 2 Related amendments

8 Remuneration and Other Legislation Amendment Bill 2011 No. , 2011

53 Remuneration and other terms and conditions of appointment

Remuneration and allowances

(1) The Merit Protection Commissioner is to be paid the remuneration

that is determined by the Remuneration Tribunal. If no

determination of that remuneration by the Tribunal is in operation,

the Merit Protection Commissioner is to be paid the remuneration

that is prescribed by the regulations.

(2) The Merit Protection Commissioner is to be paid the allowances

that are prescribed by the regulations.

(3) Subsections (1) and (2) have effect subject to the Remuneration

Tribunal Act 1973.

Leave of absence

(4) The Merit Protection Commissioner has the recreation leave

entitlements that are determined by the Remuneration Tribunal.

(5) The Public Service Minister may grant the Merit Protection

Commissioner leave of absence, other than recreation leave, on the

terms and conditions as to remuneration or otherwise that the

Public Service Minister determines.

Other terms and conditions

(6) The Merit Protection Commissioner holds office on the terms and

conditions (if any) in relation to matters not covered by this Act

that are determined by the Public Service Minister.

9 Section 61

Repeal the section, substitute:

61 Remuneration and other terms and conditions of appointment

Remuneration and allowances

(1) The remuneration of a Secretary is as provided by Division 4 of

Part II of the Remuneration Tribunal Act 1973.

Australian Public Service offices Schedule 1

Related amendments Part 2

Remuneration and Other Legislation Amendment Bill 2011 No. , 2011 9

Other terms and conditions

(2) The other terms and conditions applying to the appointment of a

Secretary are as determined by the Remuneration Tribunal under

Division 4 of Part II of the Remuneration Tribunal Act 1973.

10 Section 68

Repeal the section, substitute:

68 Remuneration and other terms and conditions of appointment

Remuneration and allowances

(1) The Head of an Executive Agency is to be paid the remuneration

that is determined by the Remuneration Tribunal. If no

determination of that remuneration by the Tribunal is in operation,

the Head of the Executive Agency is to be paid the remuneration

that is prescribed by the regulations.

(2) The Head of an Executive Agency is to be paid the allowances that

are prescribed by the regulations.

(3) Subsections (1) and (2) have effect subject to the Remuneration

Tribunal Act 1973.

Leave of absence

(4) The Head of an Executive Agency has the recreation leave

entitlements that are determined by the Remuneration Tribunal.

(5) The Agency Minister may grant the Head of an Executive Agency

leave of absence, other than recreation leave, on the terms and

conditions as to remuneration or otherwise that the Agency

Minister determines.

Other terms and conditions

(6) The Head of an Executive Agency holds office on the terms and

conditions (if any) in relation to matters not covered by this Act

that are determined by the Agency Minister.

Australian Public Service offices Schedule 1

Transitional Part 3

Remuneration and Other Legislation Amendment Bill 2011 No. , 2011 11

Part 3--Transitional

12 Continuation of existing remuneration determination for

Public Service Commissioner

(1)

This item applies to a determination (the existing determination) that

was in operation in relation to the Public Service Commissioner under

section 46 of the Public Service Act 1999 immediately before the

commencement of the repeals and amendments made by this Schedule.

(2)

Despite those repeals and amendments, the existing determination

continues in operation until such time as a determination of the

Remuneration Tribunal, made in accordance with the Remuneration

Tribunal Act 1973 (as amended by this Schedule), relating to the

remuneration that is to be paid to the Public Service Commissioner

comes into operation in substitution for the existing determination.

13 Continuation of existing remuneration determination for

Merit Protection Commissioner

(1)

This item applies to a determination (the existing determination) that

was in operation in relation to the Merit Protection Commissioner under

section 53 of the Public Service Act 1999 immediately before the

commencement of the repeals and amendments made by this Schedule.

(2)

Despite those repeals and amendments, the existing determination

continues in operation until such time as a determination of the

Remuneration Tribunal, made in accordance with the Remuneration

Tribunal Act 1973 (as amended by this Schedule), relating to the

remuneration that is to be paid to the Merit Protection Commissioner

comes into operation in substitution for the existing determination.

14 Continuation of existing remuneration determination for

Departmental Secretaries

(1)

This item applies to a determination (the existing determination) that

was in operation in relation to a Departmental Secretary under

section 61 of the Public Service Act 1999 immediately before the

commencement of the repeals and amendments made by this Schedule.

(2)

Despite those repeals and amendments, the existing determination

continues in operation until such time as:

Schedule 1 Australian Public Service offices

Part 3 Transitional

12 Remuneration and Other Legislation Amendment Bill 2011 No. , 2011

(a) in the case of a Departmental Secretary to whom subitem (3)

applies--determinations made under sections 14 and 15 of

the Remuneration Tribunal Act 1973 (as inserted by this

Schedule) in relation to that Departmental Secretary come

into operation in substitution for the existing determination;

and

(b) in the case of any other Departmental Secretary--the

following instruments come into operation in substitution for

the existing determination:

(i) an assignment made under subsection 14(3) of the

Remuneration Tribunal Act 1973 (as inserted by this

Schedule) in relation to that Departmental Secretary;

(ii) a determination made under section 15 of the

Remuneration Tribunal Act 1973 (as inserted by this

Schedule) in relation to that Departmental Secretary.

(3)

This subitem applies to the following Departmental Secretaries:

(a) the Secretary of the Department that is administered by the

Prime Minister;

(b) the Secretary of the Department that is administered by the

Treasurer.

15 Continuation of existing remuneration determinations for

Heads of Executive Agencies

(1)

This item applies to a determination (the existing determination) that

was in operation in relation to the Head of an Executive Agency under

section 68 of the Public Service Act 1999 immediately before the

commencement of the repeals and amendments made by this Schedule.

(2)

Despite those repeals and amendments, the existing determination

continues in operation until such time as a determination of the

Remuneration Tribunal, made in accordance with the Remuneration

Tribunal Act 1973 (as amended by this Schedule), relating to the

remuneration that is to be paid to the Head of the Executive Agency

comes into operation in substitution for the existing determination.

16 Regulations under the Remuneration Tribunal Act 1973

(1)

This item applies to regulations if:

(a) the regulations were made under former section 13 of the

Remuneration Tribunal Act 1973; and

Schedule 2 Members of Parliament

14 Remuneration and Other Legislation Amendment Bill 2011 No. , 2011

Schedule 2--Members of Parliament

Parliamentary Contributory Superannuation Act 1948

1 Subsection 4(1) (paragraph (c) of the definition of

parliamentary allowance)

Repeal the paragraph, substitute:

to the Remuneration and Allowances Act 1990:

(i) as in force before the commencement of Schedule 2 (the

amending Schedule) to the Remuneration and Other

Legislation Amendment Act 2011; or

(ii) as continued in force by item 21 of the amending

Schedule; or

(d) an allowance by way of salary determined under subsection

7(1) of the Remuneration Tribunal Act 1973.

2 Subsection 18(12)

Repeal the subsection, substitute:

(12) For the purpose of references in this section to the rate of

parliamentary allowance for the time being payable to a member,

any reductions under Part 1 of Schedule 3 to the Remuneration and

Allowances Act 1990 (about salary sacrifice) of a particular

member's entitlement to parliamentary allowance are to be

disregarded.

3 Subsection 21B(3B)

Repeal the subsection, substitute:

(3B) For the purpose of the reference in the formula in subsection (3A)

to the annual rate of parliamentary allowance, any reductions under

Part 1 of Schedule 3 to the Remuneration and Allowances Act 1990

(about salary sacrifice) of a particular member's entitlement to

parliamentary allowance are to be disregarded.

4 Subsection 22T(1A)

Repeal the subsection, substitute:

Members of Parliament Schedule 2

Remuneration and Other Legislation Amendment Bill 2011 No. , 2011 15

(1A) For the purpose of paragraph (1)(a), any reductions under Part 1 of

Schedule 3 to the Remuneration and Allowances Act 1990 (about

salary sacrifice) of a particular member's entitlement to

parliamentary allowance are to be disregarded.

5 Subclause 4(3) of Schedule 1

Repeal the subclause, substitute:

(3) For the purpose of the reference in subclause (2) to the rate of

parliamentary allowance for the time being payable to a member,

any reductions under Part 1 of Schedule 3 to the Remuneration and

Allowances Act 1990 (about salary sacrifice) of a particular

member's entitlement to parliamentary allowance are to be

disregarded.

Parliamentary Superannuation Act 2004

6 Section 3 (definition of parliamentary allowance)

Repeal the definition, substitute:

parliamentary allowance means:

(a) an allowance by way of salary under clause 1 of Schedule 3

to the Remuneration and Allowances Act 1990:

(i) as in force before the commencement of Schedule 2 (the

amending Schedule) to the Remuneration and Other

Legislation Amendment Act 2011; or

(ii) as continued in force by item 21 of the amending

Schedule; or

(b) an allowance by way of salary determined under subsection

7(1) of the Remuneration Tribunal Act 1973.

7 Subsection 8(3)

Repeal the subsection, substitute:

(3) For the purpose of paragraph (2)(a), any reduction under Part 1 of

Schedule 3 to the Remuneration and Allowances Act 1990 (about

salary sacrifice) of the member's entitlement to parliamentary

allowance is to be disregarded.

Schedule 2 Members of Parliament

16 Remuneration and Other Legislation Amendment Bill 2011 No. , 2011

Remuneration and Allowances Act 1990

8 Subsection 3(2)

Omit "(other than clause 1 of Schedule 3)".

9 Section 6

Repeal the section, substitute:

6 Senators and Members of the House of Representatives

Schedule 3 has effect.

10 Part 1 of Schedule 3 (heading)

Repeal the heading, substitute:

Part 1--Salary sacrifice

11 Division 1 of Part 1 of Schedule 3

Repeal the Division.

12 Division 2 of Part 1 of Schedule 3 (heading)

Repeal the heading.

13 Clause 1A of Schedule 3

Omit "this Division", substitute "this Part".

14 Clause 1A of Schedule 3 (definition of parliamentary

allowance)

Repeal the definition, substitute:

parliamentary allowance means so much of the allowances

determined under subsection 7(1) of the Remuneration Tribunal

Act 1973 as represents the annual allowance payable for the

purposes of section 48 of the Constitution.

15 Subclause 1B(1) of Schedule 3

Omit "this Division", substitute "this Part".

16 Paragraph 1F(a) of Schedule 3

Members of Parliament Schedule 2

Remuneration and Other Legislation Amendment Bill 2011 No. , 2011 17

Omit "this Division", substitute "this Part".

Remuneration Tribunal Act 1973

17 Subsection 5(2C)

Repeal the subsection.

18 Subsection 7(7)

After "other than a determination", insert "that is referred to in

subsection (8AA) or".

19 After subsection 7(8)

Insert:

(8AA) Each of the following determinations is a legislative instrument,

but neither subsection (8) of this section, nor section 42

(disallowance) of the Legislative Instruments Act 2003, applies to

the determination:

(a) a determination under subsection (1) or (2) of this section;

(b) a determination under subsection (4) of this section on a

matter that is, or is considered by the Tribunal or the Minister

to be, significantly related to a matter referred to in

subsection (1) or (2) of this section.

20 After section 7

Insert:

7A Reasons for determinations about members of parliament

The Tribunal must ensure that its reasons for each of the following

determinations are published on its website and notified to the

Minister:

(a) a determination under subsection 7(1) or (2);

(b) a determination under subsection 7(4) on a matter that is, or

is considered by the Tribunal or the Minister to be,

significantly related to a matter referred to in subsection 7(1)

or (2).

21 Transitional--temporary saving of old law allowances

Schedule 2 Members of Parliament

18 Remuneration and Other Legislation Amendment Bill 2011 No. , 2011

(1)

This item applies to the following provisions as in force immediately

before the commencement of this Schedule:

(a) clause 1 of Schedule 3 to the Remuneration and Allowances

Act 1990;

(b) regulations made for the purposes of paragraph 1(2)(b) of

that Schedule;

(d) subsection 5(2C) of the Remuneration Tribunal Act 1973.

(2)

Despite the repeals and amendments made by this Schedule, those

provisions continue in force until the coming into force of the first

determination:

(a) that is made under subsection 7(1) of the Remuneration

Tribunal Act 1973 at or after the commencement of this

Schedule; and

(b) that determines the annual allowance payable for the

purposes of section 48 of the Constitution.

Commonwealth of Australia Bills

REMUNERATION AND OTHER LEGISLATION AMENDMENT BILL 2011