Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MEMBERS' FEES AND ALLOWANCES) REGULATIONS 2004 2004 NO. 321

EXPLANATORY STATEMENT

Statutory Rules 2004 No. 321

Issued by the authority of the Minister for Employment and Workplace Relations

Remuneration Tribunal Act 1973

Remuneration Tribunal (Members' Fees and Allowances) Regulations 2004

The Remuneration Tribunal Act 1973 (the Act) establishes the Remuneration Tribunal (the Tribunal) as the body responsible for reporting on or determining the remuneration, including allowances and entitlements, of members of the Federal Parliament, the additional salary for Ministers and Parliamentary office holders and the remuneration of Judges of federal courts, most full-time and part-time holders of public offices and Principal Executive Offices.

The Tribunal advises boards and Ministers on the remuneration of Chief Executive Officers of certain Government Business Enterprises. It also advises Ministers on the remuneration of Heads of Executive Agencies and the Prime Minister on the remuneration of Secretaries of Departments.

Section 13 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 12 of the Act provides that a member of the Tribunal shall be paid such fees and allowances as prescribed. Under section 4 of the Act, the Governor-General appoints the three part-time members of the Tribunal, one of whom is also appointed as President of the Tribunal by the Governor-General.

The new Regulations provide for an increase in the fees payable to the President and other members of the Tribunal. The increases are in line with salary movements for other part-time public office holders. The fee adjustment is from $60,700 to $63,700 for the President and $29,300 to $30,800 for other members.

The Regulations also prescribe travelling allowances payable to members when travelling on official business by reference to determinations made under section 61 of the Public Service Act 1999. This Regulation does not affect allowances currently paid to a member of the Tribunal; rather it clarifies the exact allowances payable and identifies a single point of reference.

In anticipation of the commencement of the Legislative Instruments Act 2003 (LI Act), the Regulations also consolidate the Remuneration Tribunal (Members' Fees and Allowances) Regulations 1974 and associated amending regulations. Unless specifically exempted, the LI Act will require all legislative instruments, including regulations, to be placed on a central register. The Department of Employment and Workplace Relations is preparing for the commencement of the LI Act by taking the opportunity to consolidate regulations to minimise the number which must be placed on the register.

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations commenced on the date of their notification in the Gazette.


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