Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT) 1998 NO. 10

EXPLANATORY STATEMENT

Statutory Rules 1998 No. 10

(Issued by authority of the Minister for Workplace Relations and Small Business)

Remuneration Tribunal Act 1973

Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)

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

Subsection 5(2) of the Act provides that one of the functions of the Remuneration Tribunal is to provide advice to public statutory corporations, government business enterprises and other employing bodies, in relation to the terms and conditions (including remuneration and allowances) on which 'principal executive offices' are held.

Paragraph 3(4)(ra) of the Act enables an office to be declared by the regulations to be a 'principal executive office'. These offices are declared by the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) in Schedule 1 to the Regulations.

The purpose of the regulations was to prescribe the position of Managing Director of Medibank Limited as a 'principal executive office' for the purposes of paragraph 3(4)(ra) of the Act, so the remuneration package of that office can be determined by the Board in consultation with the Tribunal.

Medibank United, a company wholly owned by the Health Insurance Commission, has been established in accordance with the Health Insurance Commission (Reform and Separation of Functions) Act 199 7 as a body similar to a government business enterprise.

Medibank Limited operates in a highly competitive and complex commercial environment, and its placement within the same regulatory framework as its competitors makes it appropriate that the Board of the company determine the remuneration of its Managing Director.

The regulation amended Schedule 1 to the Remuneration Tribunal (Miscellaneous Provisions) Regulations to include the office of 'Managing Director, Medibank Limited' as a 'principal executive office', for the purpose of enabling the Remuneration Tribunal to advise on the remuneration package for the office.

The regulation commenced on the date of gazettal.


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