Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The functions of the Tribunal are to inquire into and determine, in accordance with this section, the matters referred to in subsection ( 2).
(2) The Tribunal shall, as provided for by this section:
(a) inquire into and determine the salaries and relevant allowances to be paid to members; and
(b) inquire into and make determinations in respect of prescribed matters that have been referred to the Tribunal.
(3) The Minister or, subject to subsection ( 4), the Secretary or the Chief of the Defence Force may, by notice in writing given to the President, refer a prescribed matter to the Tribunal.
(4) The Secretary or the Chief of the Defence Force shall not, without the approval in writing of the Minister, refer a prescribed matter to the Tribunal pursuant to subsection ( 3) if:
(a) at any time during the preceding 12 months, the Minister has made a determination under section 58B that relates, in whole or in part, to that matter; or
(b) the Secretary or the Chief of the Defence Force is aware that, at any time during the preceding 12 months, submissions have been made to the Minister requesting the Minister to make a determination that relates, in whole or in part, to that matter and the Minister has not made such a determination.
(5) The Tribunal shall, within 2 years of the commencement of this section or within such shorter period as the Minister, by notice in writing given to the President, determines, inquire into and make a determination in respect of the salaries and relevant allowances to be paid to members.
(6) Where a determination of the Tribunal in respect of the salaries and relevant allowances to be paid to members is in force, the Tribunal shall inquire into and make a further determination in respect of those salaries and allowances:
(a) within 2 years of the first - mentioned determination taking effect; or
(b) if the Minister, by notice in writing given to the President, requests the Tribunal to make a further determination in respect of those salaries and allowances within a shorter period of the first - mentioned determination taking effect--within that shorter period.
(7) A determination of the Tribunal shall be in writing and shall take effect, or shall be deemed to have taken effect, on such day as the Tribunal specifies for the purpose in the determination.
(8) The Tribunal shall not specify as the day on which a determination of the Tribunal takes effect a day earlier than the day on which the determination is made in any case where, if the determination so took effect:
(a) the rights of a person (other than the Commonwealth) which existed immediately before the last - mentioned day would be affected in a manner prejudicial to that person; or
(b) liabilities would be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before that last - mentioned day;
and where, in a determination of the Tribunal, any provision is made in contravention of this subsection, that provision shall be of no effect.
(9) The President shall give a copy of each determination made by the Tribunal to the Minister, to the Secretary and to the Chief of the Defence Force.
(10) Where the Tribunal has made a determination (not being a determination made pursuant to subsection ( 12)), the Minister, the Secretary or the Chief of the Defence Force may, by notice in writing given to the President within 28 days of the determination being made, request the Tribunal to reconsider the determination.
(11) A notice of request under subsection ( 10) shall set out the grounds on which the reconsideration is being sought.
(12) As soon as practicable after a request is made under subsection ( 10) for reconsideration of a determination, the Tribunal shall reconsider the determination and shall make a further determination affirming, varying or replacing the first - mentioned determination.
(13) The Minister shall cause a copy of each determination of the Tribunal to be laid before each House of the Parliament within 15 sitting days of that House after the determination is received by the Minister.
(14) Any regulation made under this Act, and any determination made under section 58B of this Act, has no effect to the extent that it is inconsistent with any determination of the Tribunal.
(15) In this section, prescribed matter means a matter in
relation to which the Minister may make determinations under section
58B, not being a matter referred to in paragraph ( 2)(a).