Commonwealth Numbered Regulations - Explanatory Statements

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JUDICIAL AND STATUTORY OFFICERS (REMUNERATION AND ALLOWANCES) REGULATIONS(AMENDMENT) 1996 NO. 14

Statutory Rules 1996 No. 14

Issued by the Authority of the Minister for Industrial Relations

Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment)

Subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 (the Act) provides that the Governor-General may make regulations for the purposes of section 8 of the Act.

Subsection 8(1) of the Act, as far as it is relevant, provides that where a person appointed to hold a statutory office in a full-time capacity was, immediately before the appointment, an officer (including an unattached officer) of the Australian Public Service the person shall, if the regulations provide, be paid during the period of the appointment to the first mentioned office, in lieu of the remuneration payable in respect of that office, remuneration at such rate as specified in the regulations.

Regulation 2 of the Judicial and Statutory Officers (Remuneration and Allowances) Regulations (the Regulations) was made on 22 August 1995. It provides for an unattached officer of the Australian Public Service who has been appointed Australian Electoral Commissioner to be paid remuneration at the Basic Rate set out in Clause 1.1 of Part 1 of Remuneration Tribunal Determination No. 8 of 1994, as in force on 16 January 1995 and 1 March 1995. An officer was appointed as Australian Electoral Commissioner an 16 January 1995, for a period of 5 years.

It is necessary to amend Regulation 2 of the Regulations. The amending regulation is required following an increase in the Basic Rate set out in Clause 1.1 of Part 1 of Remuneration Tribunal Determination No. 8 of 1994 made by Remuneration Tribunal Determination No. 19 of 1995 with effect from 23 October 1995.

Subregulation 2.1 omits paragraphs (c) and (d) of Regulation 2 which refer to earlier dates of effect and substitute a reference to the period commencing on 23 October 1995.

The Regulations commenced on the date of Gazettal.