EXPLANATORY STATEMENT

Statutory Rule 1988 No. 225 Issued by the Authority of the Minister for Transport and Communications

Subsection 134(1) of the Broadcasting Act 1942 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 79Q(2) of the Act provides that the Executive Director of the Special Broadcasting Service (the SBS) shall be appointed by the Governor-General and holds office on such terms and conditions (if any) in respect of matters not provided for by the Act as are determined by the Governor-General.

Subsection 125F(2) of the Act provides that the Executive Director shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

Under Remuneration Tribunal Determination No. 12 of 1986 the Executive Director receives the salary payable from time to time to the holder of a Level 5 office in the Senior Executive Service of the Australian Public Service and is entitled to an expenses of office allowance at the current rate of $2,167 per annum. Subsection 125F(3) of the Act provides that the Executive Director shall be paid such allowances as are prescribed. Such allowances are in addition to the expenses of office allowance determined by the Tribunal and would include such matters as travelling allowance. Currently there is no regulation prescribing allowances to be paid to the Executive Director.

The Minister for Transport and Communications decided that it is appropriate that the Executive Director be paid such allowances as are payable to a Level 5 officer in the Senior Executive Service of the Australian Public Service.

The Broadcasting and Television (Special Broadcasting Service) Regulations (Amendment) provide a change in the title of the Regulations to reflect the transition from the Broadcasting and Television Act 1942 to the Broadcasting Act 1942 as the relevant enabling legislation, and also provide that for the purpose of subsection 125F(3) of the Act the prescribed allowances payable to the Exectuive Director are those payable to a Level 5 Senior Executive Service Officer in the Australian Public Service.

Details of the Regulations amendments are:

Clause 1: Principal Regulations

Provides that in the Regulations, “Principal Regulations” means the Broadcasting and Television (Special Broadcasting Service) Regulations.

Clause 2: Interpretation

Provides that regulation 2 of the Principal Regulations is amended by omitting “and Television”. This is to reflect the transition from the Broadcasting and Television Act 1942 to the Broadcating Act 1942 as the relevant enabling legislation.

Clause 3: Allowances prescribed for the purpose of subsection 125F(3) of the Act

Inserts a new regulation 4 to provide that for the purpose of subsection 125F(3) of the Act, the prescribed allowances are those payable to an officer of the Australian Public Service holding an office having a classification of Senior Executive Level 5.