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Remuneration and Allowances Act 1990

Authoritative Version
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Act No. 71 of 1990 as made
An Act relating to certain remuneration and allowances
Administered by: Prime Minister and Cabinet
Date of Assent 20 Jun 1990

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”.

___________


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

Office

Rate per annum of Salary

from 1.7.90
$

from 1.1.91
$

Chief Justice of the High Court

170,503

180,733

Justice of the High Court

154,991

164,290


 

SCHEDULE 1—continued

PART 2

Office

Rate per annum of Salary

from 1.7.90
$

from 1.1.91
$

Chief Justice of the Federal Court

143,789

152,416

Chief Justice of the Family Court

143,789

152,416

Chief Justice of the Supreme Court of the Australian Capital Territory

136,031

144,193

Deputy Chief Justice of the Family Court

135,195

143,307

Judge of the Federal Court

131,734

139,638

Judge Administrator of the Family Court

131,734

139,638

Judge assigned to the Appeal Division of the Family Court

131,734

139,638

Senior Judge of the Family Court

131,734

139,638

Any other Judge of the Family Court

131,734

139,638

Judge of the Supreme Court of the Australian Capital Territory

131,734

139,638


 

SCHEDULE 1—continued

PART 3

Office

Rate per annum of Salary

from 1.7.90
$

from 1.1.91
$

President of the Administrative Appeals Tribunal

131,734

139,638

President of the Trade Practices Tribunal

131,734

139,638

President of the Law Reform Commission

131,734

139,638

Solicitor-General

The salary and allowances payable to a Judge of the Federal Court of Australia

 

PART 4

Office

Rate per annum of Salary

from 1.7.90
$

from 1.1.91
$

from 1.7.91
$

Master, Supreme Court of the Australian Capital Territory

97,590

104,421

111,710

Judicial Registrar of the Family Court of Australia

88,988

96,463

104,729

Chief Magistrate, Australian Capital Territory

82,162

88,981

96,349

Magistrate, Australian Capital Territory

75,992

82,299

89,113


 

SCHEDULE 1—continued

PART 5

Office

Rate per annum of Salary

from 1.7.90
$

President, Industrial Relations Commission

143,789

Deputy President, Industrial Relations Commission

131,734

Commissioner, Industrial Relations Commission

92,214

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.

—————

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.

Office

Rate per annum of Salary
$

Chairperson, Industry Commission

98,536

Executive Commissioner, Industry Commission

92,390

Commissioner, Industry Commission

88,533

Associate Commissioner, Industry Commission

82,333

(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

Departments of State

Rate per annum of salary
$

Basic rate

111,004

The Secretary to the Department of Defence

126,848

The Secretary to the Department of the Prime Minister and Cabinet

126,848

The Secretary to the Department of the Treasury

126,848

The Secretary to the Department of Administrative Services

117,258

The Secretary to the Attorney-General’s Department

117,258

The Secretary to the Department of the Arts, Sport, the Environment, Tourism and Territories

117,258

The Secretary to the Department of Community Services and Health

117,258

The Secretary to the Department of Employment, Education and Training

117,258

The Secretary to the Department of Industrial Relations

117,258


 

SCHEDULE 2—continued

Departments of State

Rate per annum of salary
$

The Secretary to the Department of Finance

117,258

The Secretary to the Department of Foreign Affairs and Trade

117,258

The Secretary to the Department of Immigration, Local Government and Ethnic Affairs

117,258

The Secretary to the Department of Industry, Technology and Commerce

117,258

The Secretary to the Department of Primary Industries and Energy

117,258

The Secretary to the Department of Social Security

117,258

The Secretary to the Department of Transport and Communications

117,258

The Secretary to the Department of Veterans’ Affairs

117,258

PART 2

SECRETARIES OF PARLIAMENTARY DEPARTMENTS

Parliamentary Departments

Rate per annum of Salary
$

The Clerk of the Senate

99,949

The Clerk of the House of Representatives

99,949


 

SCHEDULE 2—continued

PART 3

FULL-TIME HOLDERS OF PUBLIC OFFICES

Office

Rate per annum of Salary
$

Chief of the Defence Force

126,848

Managing Director, Australian Broadcasting Corporation

126,848

Managing Director, Australian Trade Commission

126,848

Director of Public Prosecutions

124,367

Royal Commissioner, Royal Commission into Aboriginal Deaths in Custody

120,100

Auditor-General for Australia

117,258

Chairperson, Aboriginal and Torres Strait Islander Commission

117,258

Chairman, Australian Broadcasting Tribunal

117,258

Chairperson, Australian Telecommunications Authority

117,258

Chairman, Australian Wheat Board

117,258

Chairman, Trade Practices Commission

117,258

Chairperson, National Board of Employment, Education and Training

117,258

Chief Executive, Commonwealth Scientific and Industrial Research Organisation

Remuneration as determined in Determination No. 1 of 1990


 

SCHEDULE 2—continued

Office

Rate per annum of Salary
$

Chief Executive Officer, Civil Aviation Authority

117,258

Commissioner, Australian Federal Police

117,258

Commissioner of Taxation

117,258

Commonwealth Ombudsman

117,258

Comptroller-General of Customs

117,258

First Parliamentary Counsel

117,258

General Manager, Health Insurance Commission

117,258

Principal Member, Superannuation Fund Investment Trust

117,258

Public Service Commissioner

117,258

Chairperson, Industry Commission

117,258

Australian Statistician

111,004

Chairman, Commonwealth Grants Commission

111,004

Chief Executive Officer, Aboriginal and Torres Strait Islander Commission

111,004

Chief Executive Officer, Federal Airports Corporation

111,004

Chief of Naval Staff

111,004

Chief of the General Staff

111,004

Chief of the Air Staff

111,004


 

SCHEDULE 2—continued

Office

Rate per annum of Salary
$

Deputy Managing Director, Australian Trade Commission

111,004

Deputy President (non-judicial), Administrative Appeals Tribunal

111,004

Executive Director, Australian Nuclear Science and Technology Organisation

111,004

Director-General, Australian Security Intelligence Organization

111,004

Director-General, Office of National Assessments

111,004

Human Rights Commissioner

111,004

Inspector-General of Intelligence and Security

111,004

Insurance and Superannuation Commissioner

111,004

Second Commissioner of Taxation

111,004

Member, National Crime Authority

111,004

Chairman, Albury-Wodonga Development Corporation

99,949

Commissioner for Community Relations

99,949

Deputy Chairperson, National Board of Employment, Education and Training

99,949

Electoral Commissioner

99,949


 

SCHEDULE 2—continued

Office

Rate per annum of Salary
$

Director, Australian Institute of Criminology

99,949

Executive Member, Pipeline Authority

99,949

Chief Executive, Parliament House Construction Authority

99,949

General Manager, Australia Council

99,949

Executive Commissioner, Industry Commission

99,949

Commissioner, Industry Commission

92,333

Associate Commissioner, Industry Commission

82,333

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.

—————


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:

 

Rate per annum of electorate allowance
$

Senator:

22,685

Member:           electorate of less than 2,000 square kilometres

22,685

electorate of 2,000 square kilometres or more but less than 5,000 square kilometres

26,975

electorate of 5,000 square kilometres or more

32,895

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.

—————

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 4continued

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.

Office

Rate per annum of Additional Salary
$

Leader of the Opposition

48,343

President of the Senate

45,337

Speaker of the House of Representatives

45,337

Deputy Leader of the Opposition

31,817

Leader of the Opposition in the Senate

31,817

Leader of the Third Party in the House of Representatives

25,791

Leader of a recognised non-Government party of at least 5 members not otherwise specified herein

23,348

Chairman of Committees in the Senate

12,440

Chairman of Committees in the House of Representatives

12,440

Deputy Leader of the Opposition in the Senate

11,942

Government Whip in the House of Representatives

11,942

Opposition Whip in the House of Representatives

10,802

Government Whip in the Senate

10,305

Opposition Whip in the Senate

10,305


 

SCHEDULE 4continued

Office

Rate per annum of Additional Salary
$

Third Party Whip in the House of Representatives

5,337

Leader in the Senate of the National Party

5,337

Deputy Government Whip in the House of Representatives

2,669

Whip in the Senate of a recognised non-Government party of at least 5 members not otherwise specified herein

1,279

Deputy Government Whip in the Senate

1,279

Deputy Opposition Whip in the Senate

1,279

Deputy Opposition Whip in the House of Representatives

1,279

Deputy Chairman of Committees in the Senate

1,279

Deputy Chairman of Committees in the House of Representatives

1,279

Chairmen of Parliamentary Committees

 

Chairman, Joint Committee of Public Accounts

9,949

Chairman, Parliamentary Standing Committee on Public Works

9,949


 

SCHEDULE 4—continued

Office

Rate per annum of Additional Salary
$

Chairman, Joint Committee on Foreign Affairs, Defence and Trade

9,949

Chairman, Joint Standing Committee on Electoral Matters

6,310

Chairman, Parliamentary Joint Committee on the National Crime Authority

6,310

Chairman, Parliamentary Joint Committee on the Australian Security Intelligence Organization

6,310

Chairman, Senate Legislative and General Purpose Standing Committee on Community Affairs

6,310

Chairman, Senate Legislative and General Purpose Standing Committee on Employment, Education and Training

6,310

Chairman, Senate Legislative and General Purpose Standing Committee on Environment, Recreation and the Arts

6,310

Chairman, Senate Legislative and General Purpose Standing Committee on Finance and Public Administration

6,310

Chairman, Senate Legislative and General Purpose Standing Committee on Foreign Affairs, Defence and Trade

6,310


 

SCHEDULE 4continued

Office

Rate per annum of Additional Salary
$

Chairman, Senate Legislative and General Purpose Standing Committee on Industry, Science and Technology

6,310

Chairman, Senate Legislative and General Purpose Standing Committee on Infrastructure

6,310

Chairman, Senate Legislative and General Purpose Standing Committee on Legal and Constitutional Affairs

6,310

Chairman, House of Representatives Standing Committee on Aboriginal Affairs

6,310

Chairman, House of Representatives Standing Committee on Community Affairs

6,310

Chairman, House of Representatives Standing Committee on Environment, Recreation and the Arts

6,310

Chairman, House of Representatives Standing Committee on Employment, Education and Training

6,310

Chairman, House of Representatives Standing Committee on Finance and Public Administration

6,310


 

SCHEDULE 4—continued

Office

Rate per annum of Additional Salary
$

Chairman, House of Representatives Standing Committee on Industry, Science and Technology

6,310

Chairman, House of Representatives Standing Committee on Transport, Communications and Infrastructure

6,310

Chairman, House of Representatives Standing Committee on Legal and Constitutional Affairs

6,310

Chairman, House of Representatives Standing Committee on Procedure

6,310

Chairman of a Parliamentary Committee not otherwise specified in this clause

1,738

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]