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Remuneration and Allowances Act 1973

Act No. 14 of 1973 as amended, taking into account amendments up to Act No. 140 of 1979
An Act Relating to the Remuneration and Allowances payable to Members of the Parliament, Ministers of State, Justices of the High Court, Judges of Courts created by the Parliament, Permanent Heads of Departments of the Public Service and the Holders of certain Offices or Appointments.
Registered 07 Dec 2009
Start Date 01 Jul 1979
End Date 16 Dec 1985
Date of repeal 16 Dec 1985
Repealed by Statute Law (Miscellaneous Provisions) Act (No. 2) 1985

REMUNERATION AND ALLOWANCES ACT 1973 [Note: This Act is "repealed" by Act No. 193 of 1985]
(#DATE 30:09:1980)

- Incorporating all amendments by legislation made to 30 September 1980
- Reprinted as at 30 September 1980
*1* The Remuneration and Allowances Act 1973 (a) as shown in this reprint
comprises Act No. 14, 1973 as amended by the other Acts specified in the
following table:
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
----------------------------------------------------------------------------
Remuneration and
Allowances Act 1973 14, 1973 1 Apr 1973 1 Apr 1973
Remuneration and
Allowances Act (No.
2) 1973 203, 1973 18 Dec 1973 1 Jan 1974 -
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Remuneration and
Allowances Act 1975 8, 1975 7 Mar 1975 1 Mar 1975 -
Remuneration and
Allowances Act 1976 83, 1976 10 June 1976 5 Jan 1976 -
Remuneration and
Allowances
Amendment Act (No.
2) 1976 170, 1976 13 Dec 1976
Ss. 4 and 6: Royal
Assent
Remainder: 1 June
1976 -
Prices
Justification
Amendment Act 1976 182, 1976 13 Dec 1976 13 Dec 1976 -
Trade Practices
Amendment Act
1977(b) 81, 1977 16 June 1977 1 July 1977 -
Remuneration and
Allowances
Amendment Act 1977 111, 1977 28 Oct 1977 Ss. 1, 2, 5, 9
(2), 13, 16, 18
and 19 (2): Royal
Assent
Remainder: 1 June
1977 -
Remuneration and
Allowances
Amendment Act 1978 166, 1978 28 Nov 1978 Ss. 3 and 5: 1
July 1978
S. 4: 1 Jan 1974
Remainder:
Royal Assent -
Remuneration and
Allowances Act 1979 140, 1979 23 Nov 1979 Ss. 9 and 10: 1
July 1979
Remainder: Royal
Assent -
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

(b) Section 81 of the Trade Practices Amendment Act 1977 (which commenced on
1 July 1977) omitted sub-sections 13 (2) and 13 (3) of the Remuneration and
Allowances Act 1973. Section 3 of the Remuneration and Allowances Amendment Act
1977 repealed section 13 of the Remuneration and Allowances Act 1973 and
substituted a new section 13. The Remuneration and Allowances Amendment Act 1977 received the Royal Assent on 28 October 1977 and section 3 of that Act is deemed to have commenced on 1 June 1977.

REMUNERATION AND ALLOWANCES ACT 1973 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


PART I-PRELIMINARY


Section

1. Short title

2. Commencement


PART II-MEMBERS OF THE PARLIAMENT


3. Principal Act amended by Part II

4-7. Amendments of the Parliamentary Allowances Act 1952-1973


PART III-MINISTERS OF STATE


8. Principal Act amended by Part III

9-12. Amendments of the Ministers of State Act 1952-1973


PART IV-HOLDERS OF JUDICIAL AND OTHER OFFICES


13. Salaries and allowances of holders of certain offices

14-16. (Repealed)


PART V-(Repealed)


PART VI-HOLDERS OF CERTAIN OFFICES OR APPOINTMENTS


17. Remuneration of office-holder who is appointed to another office


SCHEDULE 1


Amendments of the Parliamentary Allowances Act 1952-1973


SCHEDULE 2


Amendments of the Ministers of State Act 1952-1973


SCHEDULE 3


Salaries and allowances of holders of certain offices

REMUNERATION AND ALLOWANCES ACT 1973 - LONG TITLE

SECT

An Act relating to the Remuneration and Allowances payable to Members of the Parliament, Ministers of State, Justices of the High Court, Judges of Courts created by the Parliament, Permanent Heads of Departments of the Public Service and the Holders of certain Offices or Appointments

REMUNERATION AND ALLOWANCES ACT 1973 - SECT. 1.
Short title

SECT

PART I-PRELIMINARY

1. This Act may be cited as the Remuneration and Allowances Act 1973.*1*


See notes to first article of this Chapter.

REMUNERATION AND ALLOWANCES ACT 1973 - SECT. 2.
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*


See notes to first article of this Chapter.

REMUNERATION AND ALLOWANCES ACT 1973 - SECT. 3.

Principal Act amended by Part II

SECT

PART II-MEMBERS OF THE PARLIAMENT

3. (1) In this Part, the Parliamentary Allowances Act 1952-1970 is referred to as the Principal Act.


Sub-section (2) omitted by No. 216, 1973, s. 3
* * * * * * * *

REMUNERATION AND ALLOWANCES ACT 1973 - SECT. 4-7.

* * * * * * * *

SECT

4-7.*2*

REMUNERATION AND ALLOWANCES ACT 1973 - SECT. 8.

Principal Act amended by Part III

SECT

PART III-MINISTERS OF STATE

8. (1) In this Part, the Ministers of State Act 1952-1971 is referred to as the Principal Act.


Sub-section (2) omitted by No. 216, 1973, s. 3
* * * * * * * *

REMUNERATION AND ALLOWANCES ACT 1973 - SECT. 9-12.

* * * * * * * *

REMUNERATION AND ALLOWANCES ACT 1973 - SECT. 13.
Salaries and allowances of holders of certain offices

SECT

PART IV-HOLDERS OF JUDICIAL AND OTHER OFFICES

Part IV substituted by No. 111, 1977, s. 3 Substituted by No. 111, 1977, s. 3 Sub-section (1) amended by No. 140, 1979, s. 9

SECT

13. (1) Subject to this section, in respect of a judicial or other office specified in column 1 of Schedule 3-

(a) the rate per annum of the salary applicable to the office is the rate per annum specified in column 2 of that Schedule in relation to the office;

(b) the rate per annum of the annual allowance applicable to the office is the rate per annum specified in column 3 of that Schedule in relation to the office; and

(c) the rate per day of the travelling allowance applicable to the office is the rate per day specified in column 4 of that Schedule in relation to the office.


(2) Subject to sub-sections (3) and (4), a Judge of the Federal Court of Australia who holds office by virtue of an appointment that took effect while he was a Judge (including the Chief Judge) of any other court or courts created by the Parliament shall, while he continues to hold office both as a Judge of the Federal Court of Australia and as a Judge (including the Chief Judge) of that other court or of any of those other courts, be remunerated with the salary and annual allowance to which he is from time to time entitled as a Judge of the other court or courts, and, if he continues to be a Judge of the Federal Court of Australia after he no longer holds any other judicial office referred to in this sub-section, other than an office as an additional Judge of the Supreme Court of a Territory or as a Judge of the Supreme Court of an external Territory, he shall receive such salary and annual allowances as are applicable to the office held by him as a Judge of the Federal Court of Australia.


(3) In the case of a Judge of the Federal Court of Australia to whom sub-section (2) applies, if the salary or annual allowance to which he would be entitled as a Judge of that Court if that sub-section were not applicable exceeds the salary or annual allowance, as the case may be, by which he is remunerated in accordance with that sub-section, he shall receive, in respect of his office as a Judge of that Court, an additional amount by way of salary or annual allowance, as the case may be, equal to the excess.


Substituted by No. 140, 1979, s. 9

SECT

(4) If the person who holds the office of Chairman of the Law Reform Commission also holds the office of-

(a) Judge (other than Chief Judge) of the Federal Court of Australia;

(b) Judge (other than Chief Judge) of the Supreme Court of the Australian Capital Territory;

(c) Judge (other than Chief Judge) of the Supreme Court of the Northern Territory; or

(d) Deputy President of the Australian Conciliation and Arbitration Commission,

he shall, while he continues to hold both those offices, receive, in respect of his office as Chairman of the Law Reform Commission, in addition to the salary and annual allowance by which he is remunerated in respect of the other office held by him, an annual allowance at the rate of $275 per annum.


Amended by No. 166, 1978, s. 3; No. 140, 1979, s. 9

SECT

(5) Where a person who holds two or more judicial or other offices specified in column 1 of Part II of Schedule 3 travels in the course of his duties as the holder of any one or more of those offices, nothing in this Act or any other Act entitles him to be paid travelling allowance in respect of that travel at a rate exceeding $60 per day.


(6) Sub-section (5) applies in relation to the offices of President or Deputy President of the Australian Conciliation and Arbitration Commission as if those offices were specified in column 1 of Part II of Schedule 3.


(7) Sub-section (1) does not apply in respect of the office of President of the Administrative Appeals Tribunal or in respect of the office of Director-General of Security unless the President or the Director-General, as the case may be, is a Judge of a court created by the Parliament.


(8) Sub-section (1) does not apply in respect of the office of Chairman of the Commonwealth Grants Commission unless sub-section 8 (6A) of the Commonwealth Grants Commission Act 1973 applies to the holder of the office.


Sections 14-16 repealed by No. 111, 1977, s. 3; Part V repealed by No. 8, 1975, s. 3
* * * * * * * *

REMUNERATION AND ALLOWANCES ACT 1973 - SECT. 17.
Remuneration of office-holder who is appointed to another office

SECT

PART VI-HOLDERS OF CERTAIN OFFICES OR APPOINTMENTS

Inserted by No. 203, 1973, s. 3

SECT

17. (1) Where a person appointed to hold a statutory office in a full-time capacity was, immediately before his appointment, the holder in a full-time capacity of another statutory office or an officer (including an unattached officer) of the Public Service or an officer in the service of a body corporate established for a public purpose by or under an Act, he shall, if the regulations so provide, be paid, during the period of his appointment (including any period of re-appointment) to the first-mentioned statutory office, in lieu of the remuneration and annual allowance (if any) payable in respect of that office, remuneration at such rate and an annual allowance at such rate (if any) as are specified in, or ascertained in accordance with, the regulations.


Inserted by No. 166, 1978, s. 4

SECT

(1A) Where a regulation made for the purposes of sub-section (1) provides for the payment to the holder of a statutory office in respect of that office-

(a) of remuneration at a rate specified in, or ascertainable in accordance with, the regulation; or

(b) of remuneration at a rate, and annual allowance at a rate, specified in or ascertainable in accordance with, the regulation,

the regulation has effect only if, and so long as-

(c) in a case to which paragraph (a) applies, the rate of remuneration payable in accordance with the regulation exceeds-

(i) if remuneration, but no annual allowance, would, but for this section, be payable in respect of the office-the rate of that remuneration; or

(ii) if both remuneration and an annual allowance would, but for this section, be payable in respect of the office-the sum of the rate of that remuneration and the rate of that annual allowance; and

(d) in a case to which paragraph (b) applies, the sum of the rate of remuneration and the rate of annual allowance payable in accordance with the regulation exceeds-

(i) if remuneration, but no annual allowance, would, but for this section, be payable in respect of the office-the rate of that remuneration; or

(ii) if both remuneration and an annual allowance would, but for this section, be payable in respect of the office-the sum of the rate of that remuneration and the rate of that annual allowance.


(2) The Governor-General may make regulations prescribing all matters permitted to be prescribed by this section.


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REMUNERATION AND ALLOWANCES ACT 1973 - SCHEDULE 1

SCH

SCHEDULE 1*2*


* * * * * * * *

*2* Sections 4-7 and Schedule 1 amended the Parliamentary Allowances Act 1952
and the amendments have been incorporated in the reprint of that Act.

REMUNERATION AND ALLOWANCES ACT 1973 - SCHEDULE 2

SCH

SCHEDULE 2*3*


* * * * * * * *

*3* Sections 9-12 and Schedule 2 amended the Ministers of State Act 1952 and
the amendments have been incorporated in the reprint of that Act.

REMUNERATION AND ALLOWANCES ACT 1973 - SCHEDULE 3 s

Substituted by No. 140, 1979, s. 10

SCH


SCHEDULE 3
Section 13
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Column 1 Column 2 Column 3 Column 4
Rate per Rate per Rate per
annum of day of annum of
Annual Travelling Salary
Allowance Allowance
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$ $ $ PART I
Chief Justice of the High Court . . . . . . . 65,000 3,900 67
Justice (other than the Chief Justice) of the
High Court . . . . . . . . . . . . . . . . . 59,000 3,250 67
PART II
Chief Judge of the Federal Court of Australia 55,000 2,975 60
Chief Judge of the Supreme Court of the
Australian Capital Territory . . . . . . . . 51,500 2,975 60
Chief Judge of the Supreme Court of the
Northern Territory . . . . . . . . . . . . . 51,500 2,975 60
Chief Judge of the Family Court of Australia 50,000 2,975 60
President of the Administrative Appeals
Tribunal . . . . . . . . . . . . . . . . . . 50,000 2,975 60
President of the Trade Practices Tribunal . . 50,000 2,975 60
Director-General of Security . . . . . . . . 50,000 2,975 60
Chairman of the Commonwealth Grants
Commission 50,000 2,975 60
Judge (other than the Chief Judge) of the
Federal Court of Australia . . . . . . . . . 50,000 2,700 60
Judge (other than the Chief Judge) of the
Supreme Court of the Australian Capital
Territory . . . . . . . . . . . . . . . . . . 50,000 2,700 60
Judge (other than the Chief Judge) of the
Supreme Court of the Northern Territory . . . 50,000 2,700 60
Chief Judge of the Australian Industrial
Court . . . . . . . . . . . . . . . . . . . . 48,000 2,700 60
Judge (other than the Chief Judge) of the
Australian Industrial Court . . . . . . . . . 46,000 2,700 60
Judge of the Federal Court of Bankruptcy . . 46,000 2,700 60
Senior Judge of the Family Court of Australia 44,000 2,700 60
Judge (other than the Chief Judge or a Senior
Judge) of the Family Court of Australia . . . 40,500 2,700 60
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Schedule 4 repealed by No. 111, 1977, s. 4
* * * * * * * *

SCH

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