Northern Territory Explanatory Statements

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ASSEMBLY MEMBERS AND STATUTORY OFFICERS (REMUNERATION AND OTHER ENTITLEMENTS) AMENDMENT BILL 2009

2.


Att C - Expl Statement AMSO Amendment 2009
11-6-09
2009

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY

CHIEF MINISTER

ASSEMBLY MEMBERS AND STATUTORY OFFICERS
(REMUNERATION AND OTHER ENTITLEMENTS)
AMENDMENT BILL 2009
Serial No. 45
EXPLANATORY STATEMENT

GENERAL OUTLINE

The Bill proposes to reinstate the power of the Northern Territory Remuneration Tribunal to determine “capacity” entitlements for Members of the Legislative Assembly, following receipt of legal advice that the Tribunal did not have the power under the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act, as previously understood, to determine this particular type of entitlement.

These entitlements relate to the provision of facilities which enable performance of the functions of a Member. This includes matters such as provision for electorate offices, staff, office equipment, motor vehicle, communications, postage, child care and travel entitlements (other than travel allowance).

The Bill also clarifies the Remuneration Tribunal’s power to set entitlements in specific, limited circumstances for Members who have not been successful when standing for re-election.

NOTES ON CLAUSES

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2009.

Clause 2. Commencement

Provides that the Act will commence on the date fixed by the Administrator by Gazette notice.

Clause 3. Act amended

Notes that the Act being amended is the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006.

Clause 4. Amendment of section 2 (Definitions)

(1) Drafting style change. Omits the introductory phrase “In this Act, unless the contrary intention appears – “ and replaces it with more contemporary phrasing “In this Act:”. (2) Amended definition of entitlement which now becomes: “a salary, an allowance and any other remuneration or benefit (including, for example, a reimbursement of expenses incurred, and the provision of goods, services, facilities and any other assistance).” This is intended to make it clear that capacity (or non-personal) types of entitlements are included in this definition.

Clause 5. Amendment of section 4 (Other entitlements)

(1) The heading for section 4 “Other entitlements” is deleted and replaced with the heading “Tribunal’s powers”. This is a more accurate description of the content of this section. (2) New sections (1A), (1B). and (1C).


Clause 6. Repeal and substitution of section 24 (Regulations)

Drafting style change. Omits the current wording in section 24 and replaces it with the contemporary phrasing: “The Administrator may make regulations under this Act.”


Clause 7. New Part 6

This clause inserts a new Part into the Principal Act, being Part 6 – Transitional and savings matters for Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2009.

This consists of a new section 30(1) and (2). This section provides that the existing administrative arrangements (for MLA capacity entitlements) as made by the Chief Minister and tabled in the Legislative Assembly on 21 February 2007 and 29 November 2007 continue to have effect until a determination by the Tribunal under section 4 of the Act takes effect i.e. a determination by the Tribunal of one or more capacity entitlements for MLAs.


 


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