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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Remuneration
Tribunal Amendment Bill 2000
No. ,
2000
(Prime
Minister)
A Bill for an Act to amend the
Remuneration Tribunal Act 1973, and for related purposes
ISBN: 0642 454477
Contents
A Bill for an Act to amend the Remuneration Tribunal
Act 1973, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Remuneration Tribunal Amendment Act
2000.
(1) Sections 1 to 4 commence on the day on which this Act receives
the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act
commence on a day or days to be fixed by Proclamation.
(3) If a provision of this Act does not commence under subsection (2)
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Subject to section 2, 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this Act is amended or repealed as set out in the applicable items in the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.
The Minister may, before the commencement of item 6 of
Schedule 1, exercise any of the powers conferred by the sections inserted
in the Remuneration Tribunal Act 1973 by that item as if that item had
commenced. However, any declaration made or notice given in the exercise of
those powers before that commencement does not have any effect until that
commencement.
1 Subsection 3(1) (definition of employing
body)
Repeal the definition, substitute:
employing body, in relation to a principal executive office
for which the Minister has, under section 3B, declared a person, authority
or body to be the employing body, means that person, authority or
body.
2 Subsection 3(1) (definition of principal
executive office)
Repeal the definition, substitute:
principal executive office means any of the following offices
or appointments:
(a) Managing Director of the Australian Postal Corporation;
(b) Chief Executive of the Australian Industry Development
Corporation;
(c) Chief Executive Officer of Australian Rail Track Corporation
Limited;
(d) Chief Executive Officer of the Commonwealth Services Delivery
Agency;
(e) Director of Aviation Safety of the Civil Aviation Safety
Authority;
(f) Chief Executive Officer of Employment National Limited;
(g) Managing Director of the Export Finance and Insurance
Corporation;
(h) Managing Director of Health Services Australia Limited;
(i) Managing Director of Medibank Private Limited;
(j) Governor of the Reserve Bank of Australia;
(k) Deputy Governor of the Reserve Bank of Australia;
(l) Chief Executive Officer of Sydney Airports Corporation
Limited;
(m) any other office or appointment declared by the Minister under
subsection 3A(1) to be a principal executive office.
3 Subsection 3(4)
After “does not include a reference to”, insert “any of
the following offices or appointments”.
4 Paragraph 3(4)(ra)
Repeal the paragraph, substitute:
(ra) a principal executive office;
5 Paragraph 3(4)(u)
Omit “Australia; or”, substitute
“Australia;”.
6 At the end of Division 1 of
Part II
Add:
(1) The Minister may, by writing, declare that a specified office or
appointment is a principal executive office.
(2) The Minister may, by writing, declare that a specified principal
executive office is assigned to a specified classification within the
classification structure determined by the Tribunal under subsection
5(2A).
(3) A declaration made under subsection (2) as to the classification
to which a principal executive office is assigned may state that the assignment
of the office to the classification is a temporary assignment. If the
declaration so states, the assignment ceases to be an assignment of the office
to the classification at the end of the term of appointment of the person who
held the office when the assignment was made.
(4) If the Minister makes a declaration under subsection (2) as to
the classification to which a principal executive office is assigned, the
Minister may give a notice in writing to the employing body for the office
fixing the remuneration within that classification that is to be the commencing
remuneration for the office.
(5) A notice given under subsection (4) fixing a commencing
remuneration for a principal executive office may state that the remuneration so
fixed is a temporary commencing remuneration. If the notice so states, that
remuneration ceases to be the commencing remuneration for the office at the end
of the term of appointment of the person who held the office when the notice was
given.
(6) For each declaration under this section, the Minister must seek the
advice of the Tribunal and take that advice into account.
The Minister may, by writing, declare that a specified person, authority
or body is the employing body for a specified principal executive
office.
(1) This section applies to the following declarations:
(a) declarations under subsection 3A(1);
(b) declarations under subsection 3A(2);
(c) declarations under section 3B.
(2) Two or more declarations may be contained in the same instrument,
whether they relate to the same principal executive office or to different
principal executive offices.
(3) A copy of every instrument containing a declaration or declarations is
to be published in the Gazette.
7 Subsection 5(1)
After “section 7”, insert “(other than subsection
7(3D))”.
8 Paragraph 5(2A)(b)
Repeal the paragraph, substitute:
(b) in connection with determinations made under paragraph (a),
exercise the powers referred to in subsections 7(3D), (3E) and (3F).
9 After subsection 7(3C)
Insert:
(3D) The Tribunal may, from time to time as provided by this
Part:
(a) hold inquiries for the purpose of performing its function under
subsection 5(2A); and
(b) in determining under that subsection a classification structure for
principal executive offices, determine the terms and conditions (including
remuneration and allowances, or bands of remuneration and allowances) applicable
to each classification within the classification structure.
(3E) The Tribunal may, from time to time, make recommendations as to any
matters relating to principal executive offices, either generally or in respect
of a particular principal executive office or particular principal executive
offices.
(3F) In determining under subsection (3D) the terms and conditions as
to the remuneration or band of remuneration that is to be applicable to a
classification within a classification structure, the Tribunal must have regard
to the superannuation entitlements of the holders of principal executive offices
assigned to the classification.
10 Subsection 7(4)
Omit “or (3AA)”, substitute “, (3AA) or
(3D)”.
11 Subsection 12C(1)
Omit “The employing body”, substitute “Subject to
subsection (2), the employing body”.
12 Subsection 12C(2)
Repeal the subsection, substitute:
(2) Except with the written consent of the Tribunal, an employing body
must not determine terms and conditions in respect of a principal executive
office that are inconsistent with terms and conditions determined by the
Tribunal under subsection 7(3D) in respect of the classification to which the
office is assigned.
13 Saving and transitional
(1) If:
(a) at the commencement of this item, a person holds a principal executive
office referred to any of paragraphs (a) to (l) of the definition of
principal executive office in subsection 3(1) of the
Remuneration Tribunal Act 1973; and
(b) under subsection 7(3D) of that Act, the Remuneration Tribunal
determines any terms and conditions applicable to the classification to which
the office is assigned; and
(c) any of the terms and conditions (the existing terms and
conditions) applicable at the commencement of this item in respect of
the office under subsection 12C(1) of that Act are inconsistent with terms and
conditions so determined by the Tribunal;
the validity of the existing terms and conditions is not affected by the
amendment made by item 12.
(2) However, at the end of the period for which the person was appointed to
the office, the employing body must (whether the person is re-appointed, or
another person is appointed, to the office) make a new determination of the
terms and conditions applicable in respect of the office in compliance with
section 12C of the Remuneration Tribunal Act 1973.