Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT) 1993 NO. 231

Statutory Rules 1993 No. 231

Issued by the Authority of the Minister for Industrial Relations

Remuneration Tribunal Act 1973

Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)

Section 13 of the Remuneration Tribunal Act 1973 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

Subsection 7(12) of the Act provides in part that, except as prescribed, a person who holds a judicial office of a country other than Australia is not entitled to be paid remuneration in relation to a public office which is also held by the person.

Regulation 7 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) provides for remuneration of certain persons holding more than one office.

Subsection 6(5) of the Commonwealth Electoral Act 1918 (the CE Act) provides that the Chairperson of the Australian Electoral Commission (the Commission) is to be an eligible Judge. 'Eligible Judge' is defined in part in section 5 of the CE Act to mean a former Judge of the Federal Court.

The office of Chairperson of the Commission is held by Justice Morling, a retired Judge of the Federal Court. Justice Morling retired from the Federal Court on 2 April 1993 but continues to hold unpaid judicial offices with the Courts of Appeal of Tonga, Western Samoa and Vanuatu.

The Regulations provide that Justice Morling is entitled to receive remuneration in respect of the office of Chairperson of the Commission, while he receives no salary in relation to the judicial offices which he holds in the service of a country other than Australia. The entitlement commences from the time of his retirement from the Federal Court on 2 April 1993.

Amending subregulation 3.1 provides that a person holding the office of Chairperson of the Commission, who also holds judicial office in the service of a country other than Australia, is entitled to be paid remuneration in relation to the office of Chairperson of the Commission, while not in receipt of remuneration for the judicial offices which have been prescribed.

The Regulations commenced on 3 April 1993.

The retrospective commencement of the Regulations has been beneficial to Justice Morling and for this reason complies with the requirements of subsection 48(2) of the Acts Interpretation Act 1901.