Remuneration and Allowances Act 1990

No. 71 of 1990

An Act relating to certain remuneration and allowances

[Assented to 20 June 1990]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Remuneration and Allowances Act 1990.

Commencement

2. (1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

(2) Part 3 commences on 1 July 1990.

PART 2—REMUNERATION AND ALLOWANCES

Operation of Part

3. This Part has effect in spite of:

(a) anything in any Determination of the Remuneration Tribunal; or

(b) any provision of an Act, being a provision providing for the remuneration or allowances of the holder of an office to be determined by the Remuneration Tribunal (including section 21 of the Industrial Relations Act 1988 as amended by Part 3); or

(c) any provision in the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 that is inconsistent with this Part.

Remuneration and allowances of holders of judicial offices etc.

4. The holders of the offices specified in Schedule 1 are entitled to remuneration and allowances in accordance with the provisions of that Schedule.

Remuneration and allowances of Secretaries of Departments and holders of public offices

5. The holders of the offices specified in Schedule 2 are entitled to remuneration and allowances in accordance with the provisions of that Schedule.

Remuneration and allowances of Senators and Members of the House of Representatives

6. The holders of the offices specified in Schedule 3 are entitled to remuneration and allowances in accordance with the provisions of that Schedule.

Ministers and office holders of the Parliament

7. The holders of the offices specified in Schedule 4 are entitled to remuneration and allowances in accordance with the provisions of that Schedule.

Appropriation

8. The salaries and allowances payable under this Act are to be paid out of the Consolidated Revenue Fund, and the Fund is accordingly appropriated for that purpose.

PART 3—AMENDMENTS OF INDUSTRIAL RELATIONS ACT 1988

Principal Act

9. In this Part, “Principal Act” means the Industrial Relations Act 19881.

Remuneration and allowances of Presidential Members etc.

10. Section 21 of the Principal Act is amended:

(a) by omitting subsections (1) and (2) and substituting the following subsections:

“(1) The President, and each Deputy President, are to be paid such remuneration as is determined by the Remuneration Tribunal.

“(2) The President is to receive travelling allowance at the same rates, and subject to the same conditions, as are applicable in relation to the Chief Judge of the Court.

“(2a) Each Deputy President is to receive travelling allowance at the same rates, and subject to the same conditions, as are applicable in relation to the Judges of the Court.”;

(b) by omitting from subsection (3) “and expenses of office allowance”.

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SCHEDULE 1 Section 4

HOLDERS OF JUDICIAL AND OTHER OFFICES

1. In respect of the period starting on 1 January 1990 and ending on 30 June 1990, the holders of the offices specified in this Schedule are taken to have been, and to be, entitled to remuneration and allowances at the rates, and subject to the conditions, that would have been applicable to them from 1 January 1990 if Determination No. 11 of the Remuneration Tribunal dated 23 May 1990 had not been made.

2. In respect of periods from or after 1 July 1990, the holders of the offices specified in this Schedule are entitled to salary at the rates set out below with effect from the dates specified.

PART 1

SCHEDULE 1—continued

PART 2

SCHEDULE 1—continued

PART 3

PART 4

SCHEDULE 1—continued

PART 5

3. Additional Remuneration

A Judge who is also Aboriginal Land Commissioner, Chairman of the Australian Electoral Commission, Chief Judge of the Supreme Court of Norfolk Island, President of the Administrative Appeals Tribunal, President of the Law Reform Commission or President of the Trade Practices Tribunal is to receive $750 per annum in addition to the rate per annum of salary of the office of Judge.

4. High Court Canberra Allowance

An allowance at the rate of $16,524 per annum is payable from 5 December 1989 to the Chief Justice and Justices of the High Court of Australia who do not establish their places of residence in Canberra.

5. Travelling Allowance

The rates and conditions of payment of travelling allowance for holders of offices specified in Parts 1 and 2 of clause 2, President of the Administrative Appeals Tribunal, President of the Trade Practices Tribunal, President of the Law Reform Commission, President of the Industrial Relations Commission and Deputy Presidents of the Industrial Relations Commission are as determined in Determination No. 3 of 1990 of the Remuneration Tribunal. The rates of payment of travelling allowance for Commissioners of the Industrial Relations Commission are as determined in Determination No. 18 of 1989 of the Remuneration Tribunal. Other office holders are to have the same rates and conditions of payment of travelling allowance as are determined in clause 4.1 of Part 4 of Determination No. 2 of 1990 of the Remuneration Tribunal.

SCHEDULE 1—continued

6. National Wage Case Adjustments

The rates of salary specified in clause 2 are to be adjusted in accordance with National Wage Case Decisions made by the Australian Industrial Relations Commission after the commencement of this Act.

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SCHEDULE 2 Section 5

SECRETARIES OF DEPARTMENTS AND HOLDERS OF PUBLIC OFFICES

1. Subject to clause 2, in respect of the period starting on 1 January 1990 and ending on 30 June 1990, the holders of the offices specified in this Schedule are taken to have been, and to be, entitled to remuneration and allowances at the rates, and subject to the conditions, that would have been applicable to them from 1 January 1990 if Determination No. 12 of the Remuneration Tribunal dated 23 May 1990 had not been made.

2. (1) In respect of the period:

(a) starting when a holder of an office specified in this clause was appointed to that office; and

(b) ending on 30 June 1990;

the holder of that office is taken to have been, and to be, entitled to salary at the rate set out below.

(2) The rates and conditions of payment of travelling allowance for the Chairperson and Executive Commissioner of the Industry Commission are as determined in clause 4.1 of Part 4 of Determination No. 2 of 1990 of the Remuneration Tribunal.

SCHEDULE 2—continued

(3) The rates and conditions of payment of travelling allowance for a Commissioner or Associate Commissioner of the Industry Commission are as determined in Clause 4.2 of Part 4 of Determination No. 2 of 1990 of the Remuneration Tribunal.

3. With effect from 1 July 1990, the holders of the offices specified in this Schedule are entitled to salary at the rates set out below.

PART 1

SECRETARIES OF DEPARTMENTS OF STATE

Salaries

SCHEDULE 2—continued

PART 2

SECRETARIES OF PARLIAMENTARY DEPARTMENTS

SCHEDULE 2—continued

PART 3

FULL-TIME HOLDERS OF PUBLIC OFFICES

SCHEDULE 2—continued

SCHEDULE 2—continued

SCHEDULE 2—continued

4. The rates of salary specified in clause 3 as applicable from 1 July 1990 are to be adjusted in accordance with National Wage Case Decisions made by the Australian Industrial Relations Commission after the commencement of this Act.

5. An annual leave loading is payable to Secretaries of Departments and holders of full-time Public Offices on the same terms and conditions applying to officers of the Australian Public Service.

6. Where a Secretary of a Department or a holder of a full-time Public Office holds an office located in a region or district which is classified for the purposes of District Allowance, the holder of the office is to be paid a District Allowance at the rates and on the conditions prescribed for officers of the Australian Public Service.

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SCHEDULE 3 Section 6

SENATORS AND MEMBERS OF THE HOUSE OF

REPRESENTATIVES

Salaries

1. (1) For the purposes of section 48 of the Constitution, the annual allowance payable to Senators and Members of the House of Representatives (in this Schedule called “salary”) is as set out in this clause.

(2) In respect of the period starting on 1 January 1990 and ending on 30 June 1990, Senators and Members of the House of Representatives are taken to have been, and to be, entitled to salary and electorate allowance at the rates, and subject to the conditions, that would have been applicable to them from 1 January 1990 if Determination No. 13 of the Remuneration Tribunal dated 23 May 1990 had not been made.

(3) Subject to subclauses (4) to (6), the annual rate of salary payable to Senators and to Members of the House of Representatives (in this clause called the “Members of Parliament annual salary”) is $58,300 with effect from 1 July 1990.

(4) If, after 30 June 1990 but before 1 July 1991, the SES Band 1 annual salary is increased (otherwise than by the second stage increase under the Structural Efficiency Principle), the Members of Parliament annual salary is increased by the same proportion.

(5) On 1 January 1991, the Members of Parliament annual salary is increased by 6%.

(6) Whenever subclause (4) or (5) operates to increase the Members of Parliament annual salary:

(a) the increase has effect from the date, or the date of the event, specified; and

(b) the Members of Parliament annual salary as increased is taken to be the Members of Parliament annual salary for the purposes of any subsequent operation of either of those subclauses.

(7) From 1 July 1991, the Members of Parliament annual salary is equal to the SES Band 1 annual salary.

(8) In this clause:

“SES Band 1 annual salary” means the maximum annual rate of salary (not including any amounts in the nature of performance pay) payable to the holders of offices in the Senior Executive Service of the Australian Public Service having a classification of Band 1.

SCHEDULE 3—continued

Electorate allowance

2. A Senator or Member of the House of Representatives is to receive an electorate allowance as follows:

Other allowances

3. A Senator or Member of the House of Representatives is also entitled to the allowances and entitlements provided for by Determination No. 14 of 1990 of the Remuneration Tribunal dated 23 May 1990, or by any subsequent Determination of the Remuneration Tribunal providing for equivalent allowances or entitlements or for any allowance in the nature of a Social Dislocation Allowance.

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SCHEDULE 4 Section 7

MINISTERS AND OFFICE HOLDERS OF THE PARLIAMENT

1. In respect of the period starting on 1 January 1990 and ending on 30 June 1990, the holders of the offices specified in this Schedule are taken to have been, and to be, entitled to allowances and additional salary at the rates, and subject to the conditions, that would have been applicable to them from 1 January 1990 if Determination No. 15 of the Remuneration Tribunal dated 23 May 1990 had not been made.

2. In respect of periods after 30 June 1990, no expenses of office allowances are payable to Ministers of State or other office holders of the Parliament.

SCHEDULE 4—continued

3. With effect from 1 July 1990, the holders of the offices specified below are entitled to additional salary at the rates set out below.

SCHEDULE 4—continued

SCHEDULE 4—continued

SCHEDULE 4—continued

SCHEDULE 4—continued

4. Whenever the annual rate of salary payable to Senators and Members of the House of Representatives is increased under Schedule 3 (including where it is increased after 1 July 1991 because of an increase in the SES Band 1 annual salary as defined in that Schedule), the rate per annum of additional salary payable to the holders of offices specified in clause 3 is increased by the same proportion.

5. Whenever clause 4 operates to increase the rate of additional salary payable to the holders of offices specified in clause 3:

(a) the increase has effect from the date of the increase in the annual rate of salary payable to Senators and Members of the House of Representatives; and

(b) the rate per annum of additional salary as increased is taken to be the rate of additional salary for the purposes of any subsequent operation of that clause.

6. In this Schedule:

“parliamentary committee” means a committee concerned with public affairs rather than the domestic affairs of Parliament.

NOTE

1. No. 86, 1988, as amended. For previous amendments, see No. 109, 1988; No. 153, 1989; and No. 37, 1990.

[Minister’s second reading speech made in—

House of Representatives on 31 May 1990 Senate on 1 June 1990]