Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1992 NO. 139

EXPLANATORY STATEMENT

Statutory Rules 1992 No. 139

(Issued by the Authority of the Minister for Industrial Relations)

Industrial Relations Act 1988

Industrial Relations Regulations (Amendment)

Section 359 of the Industrial Relations Act 1988 (the IR Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

Subsection 121 (1) of the IR Act provides that the Australian Industrial Relations Commission may make an order in relation to public sector employment which is not consistent with a relevant Commonwealth law.

Subsection 121(2) defines "relevant law" by, inter alia, excluding from the provision that legislation which is prescribed in the Regulations.

Paragraph (a) of regulation 14 of the Industrial Relations Regulations (the Regulations) prescribed the Superannuation (Interim Benefits) Act 1988 (the Superannuation Act 1988) for the purposes of paragraph 121 (2) (b) of the IR Act.

Section 96 of the Superannuation Legislation Amendment Act 1990 (the Superannuation Act 1990) has changed the title of the Superannuation Act 1988 to the Superannuation (Productivity Benefit) Act 1988.

It has been necessary to amend the Regulations as a consequence of the enactment of the Superannuation Act 1990.

Regulation 14 has been amended to replace the Act cited in paragraph (a) of the regulation with a reference to the Superannuation (Productivity Benefit) Act 1988.


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