Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT) 1998 NO. 307

Statutory Rules 1998 No. 307

(Issued by the authority of the Minister for Finance and Administration)

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 make regulations for the purposes of this Act.

Subsection 5(2) provides that one of the functions of the Remuneration Tribunal is to provide advice to government business enterprises in relation to 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 proposed regulations amend Schedule 1 of the Regulations to include 'Chief Executive Officer, Australian Rail Track Corporation' and 'Chief Executive Officer, Sydney Airports Corporation Ltd' for the purpose of determining the remuneration package of these offices.

The Australian Rail Track Corporation (ARTC) is a fully Commonwealth owned company, established under the Corporations Law to manage access and infrastructure development on the interstate rail network. The ARTC will operate on a fully commercial basis. It is appropriate therefore that the Board of the ARTC be ultimately responsible for determining the remuneration package for the Chief Executive Officer of the ARTC. In order to achieve this outcome, it is necessary to prescribe the position of Chief Executive Officer, ARTC as a principal executive office, so that the remuneration package of that office can be determined by the ARTC Board, in consultation with the Tribunal.

The Sydney Airports Corporation Ltd was recently established as an incorporated company. The assets associated with the Sydney Basin airports will be transferred from the Federal Airports Corporation to the company, The Board of the Sydney Airports Corporation Ltd will be responsible for managing Australia's major aviation gateway in the lead up to the 2000 Olympic Games, during a period of increased competition and capacity constraints. It is appropriate therefore that that the Board be ultimately responsible for determining the remuneration package for the Chief Executive Officer of the Sydney Airports Corporation Ltd. In order to achieve this outcome, it is necessary to prescribe the position of Chief Executive Officer, Sydney Airports Corporation Ltd as a principal executive office, so that the remuneration package of that office can be determined by the Board, in consultation with the Tribunal.

It is also proposed that Item 1 of Schedule 1 of the Regulations be amended to include the office of Managing Director Australia Post, to correct an earlier omission to the Regulations. The office of Managing Director, Medibank Limited will also be amended to read Managing Director, Medibank Private Limited to reflect the name change of the company from 1 March 1998. The amendments will also provide for the renumbering of items post Item 10.

The regulation will commence on the date of gazettal.