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Remuneration Tribunal Act 1973

  • - C2013C00250
  • In force - Superseded Version
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Act No. 215 of 1973 as amended, taking into account amendments up to Financial Framework Legislation Amendment Act (No. 2) 2013
An Act to establish a tribunal in relation to the remuneration and allowances, and recreation leave entitlements, of the holders of certain public and other offices, and for related purposes
Administered by: Prime Minister and Cabinet
Registered 11 Jun 2013
Start Date 29 May 2013
End Date 30 Jun 2013

Commonwealth Coat of Arms

Remuneration Tribunal Act 1973

No. 215, 1973 as amended

Compilation start date:                     29 May 2013

Includes amendments up to:            Act No. 53, 2013

 

About this compilation

The compiled Act

This is a compilation of the Remuneration Tribunal Act 1973 as amended and in force on 29 May 2013. It includes any amendment affecting the compiled Act to that date.

This compilation was prepared on 5 June 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.

  

  

  


Contents

Part I—Preliminary                                                                                                              1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

Part II—Remuneration etc. for certain offices and appointments          2

Division 1—Preliminary                                                                                              2

3............ Interpretation....................................................................................... 2

3A......... Principal executive offices................................................................... 7

3B......... Employing body.................................................................................. 8

3C......... Provisions relating to declarations under sections 3A and 3B............. 8

Division 2—Determinations and reports by the Remuneration Tribunal             9

4............ Establishment of Remuneration Tribunal............................................ 9

4A......... Acting President.................................................................................. 9

4B......... Disclosure of interest by Tribunal members...................................... 10

5............ Functions of Tribunal........................................................................ 10

6............ Inquiries and reports by Tribunal...................................................... 12

7............ Inquiries and determinations by Tribunal.......................................... 12

7A......... Reasons for determinations about members of parliament................ 21

8............ Time of making reports and determinations...................................... 21

8A......... Time of making recreation leave determinations................................ 22

8B......... Hearings in relation to discriminatory determinations....................... 23

8C......... Review of discriminatory determinations.......................................... 23

9............ Resignation and removal from office................................................ 24

10.......... Meetings of the Tribunal................................................................... 24

11.......... Method of inquiry by Tribunal.......................................................... 25

12.......... Fees and allowances.......................................................................... 25

12AA.... Annual report.................................................................................... 25

Division 3—Determinations by employing bodies for principal executive offices            26

12C....... Terms and conditions determined by employing body...................... 26

Division 4—Remuneration etc. for Departmental Secretaries             27

13.......... Determination of classification structure etc...................................... 27

14.......... Amount of remuneration................................................................... 27

15.......... Determination of other terms and conditions..................................... 28

16.......... Publication of determinations made by the Tribunal under this Division  28

Part IV—Miscellaneous                                                                                                    30

16A....... Recoverable payments....................................................................... 30

16B....... Recoverable death payments............................................................. 31

16C....... Reports about recoverable payments and recoverable death payments 33

17.......... Regulations....................................................................................... 36

Endnotes                                                                                                                                    37

Endnote 1—Legislation history                                                                             37

Endnote 2—Amendment history                                                                           51

Endnote 3—Uncommenced amendments                                                         55

Endnote 4—Misdescribed amendments [none]                                             56

Endnote 5—Modifications                                                                                        57


An Act to establish a tribunal in relation to the remuneration and allowances, and recreation leave entitlements, of the holders of certain public and other offices, and for related purposes

Part IPreliminary

  

1  Short title

                   This Act may be cited as the Remuneration Tribunal Act 1973.

2  Commencement

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

Part IIRemuneration etc. for certain offices and appointments

Division 1Preliminary

3  Interpretation

             (1)  In this Part, unless the contrary intention appears:

Aboriginal Corporation of the National Aboriginal Conference means the corporation of that name registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

ACT office means:

                     (a)  an office or appointment specified in any of paragraphs (fc) to (fh) of subsection 3(4), as modified by regulations in force under the A.C.T. Self‑Government (Consequential Provisions) Act 1988; or

                     (b)  an office or appointment specified in subsection 73(1) of the Australian Capital Territory (Self‑Government) Act 1988.

additional Parliamentary office holder salary means so much of the allowances determined under subsection 7(1) as:

                     (a)  is to be paid to members of Parliament by reason of their holding particular offices, or performing particular functions, in, or in relation to, the Parliament or either House of the Parliament; and

                     (b)  is identified in the determination as additional salary.

allowance includes, but is not limited to, an annual allowance and a travelling allowance.

Commonwealth higher education institution means a higher education institution established by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory or the Northern Territory).

Departmental Secretary means a Secretary of a Department appointed under the Public Service Act 1999.

employing body, in relation to a principal executive office for which the Minister has, under section 3B, declared a person, authority or body to be the employing body, means that person, authority or body.

executive education office means an office of the Vice‑Chancellor, or Deputy Vice‑Chancellor, of the Australian National University.

higher education institution means an institution that is a higher education institution within the meaning of the Employment, Education and Training Act 1988 (other than an institution declared by the regulations not to be a higher education institution for the purposes of this Act), and includes any other institution declared by the regulations to be a higher education institution for the purposes of this Act.

member means a member of the Tribunal and includes a person appointed temporarily in the place of a member under subsection 33(4) of the Acts Interpretation Act 1901‑1973.

office includes position.

parliamentary base salary means so much of the allowances determined under subsection 7(1) as:

                     (a)  represents the annual allowance payable for the purposes of section 48 of the Constitution; and

                     (b)  is identified in the determination as base salary.

President means President of the Tribunal and includes a member appointed under section 4A.

principal executive office means any of the following offices or appointments:

                     (a)  Managing Director of the Australian Postal Corporation;

                     (b)  Chief Executive of the Australian Industry Development Corporation;

                     (c)  Chief Executive Officer of Australian Rail Track Corporation Limited;

                     (e)  Director of Aviation Safety of the Civil Aviation Safety Authority;

                      (f)  Chief Executive Officer of Employment National Limited;

                     (g)  Managing Director of the Export Finance and Insurance Corporation;

                     (h)  Managing Director of Health Services Australia Limited;

                      (i)  Managing Director of Medibank Private Limited;

                      (j)  Governor of the Reserve Bank of Australia;

                     (k)  Deputy Governor of the Reserve Bank of Australia;

                      (l)  Chief Executive Officer of Sydney Airports Corporation Limited;

                    (m)  any other office or appointment declared by the Minister under subsection 3A(1) to be a principal executive office.

public office has the meaning given by subsection (4).

Public Service Commissioner means the Public Service Commissioner appointed under the Public Service Act 1999.

public statutory corporation means a corporation established for a public purpose by a law of the Commonwealth or a law of a Territory but does not include an institution of tertiary education.

Tribunal means the Tribunal established by subsection 4(1).

             (2)  A reference in this Part to remuneration shall be read as including a reference to annual allowances.

             (3)  A reference in this Part to an office includes a reference to an office that, within the meaning of the Australian Capital Territory (Self‑Government) Act 1988, is an office of member of the Assembly or Minister and any office in or in connection with that Assembly that can be held only by a member of that Assembly.

             (4)  In this Part, a reference to a public office is a reference to:

                     (a)  an office established by, or an appointment made under, a law of the Commonwealth (other than this Act);

                     (b)  an office established by, or an appointment made under, a law of a Territory, being an office or appointment, or an office or appointment included in a class of offices or appointments, specified by the Minister, by a notice in writing given to the President, to be an office or appointment or a class of offices or appointments to which this Part is to apply;

                     (c)  an appointment made by the Governor‑General or a Minister of State otherwise than under a law of the Commonwealth or a law of a Territory, being an appointment, or an appointment included in a class of appointments, specified by the Minister, by a notice in writing given to the President, to be an appointment or a class of appointments to which this Part is to apply;

                     (d)  an office or appointment in the service or employment of a public statutory corporation, being an office or appointment that is specified by the Minister, by a notice in writing given to the President, to be a senior office or senior appointment, as the case may be, in the service or employment of the corporation to which this Part is to apply;

                   (da)  an appointment as a director of an incorporated company limited by guarantee where the interests and rights of the members in or in relation to the company are beneficially owned by the Commonwealth, being an appointment that is specified by the Minister, by a notice in writing given to the President, to be an appointment to which this Part is to apply;

                     (e)  an appointment as a director of an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth;

                      (f)  an office or appointment in the service or employment of an incorporated company referred to in paragraph (da) or (e), being an office or appointment that is specified by the Minister, by a notice in writing given to the President, to be a senior office or senior appointment, as the case may be, in the service or employment of the company to which this Part is to apply;

                    (fa)  an office of member of the Aboriginal Corporation of the National Aboriginal Conference;

                     (g)  an office or appointment, or an office or appointment included in a class of offices or appointments, prescribed by the regulations for the purposes of this paragraph;

but does not include a reference to any of the following offices or appointments:

                      (j)  the office of President of the Fair Work Commission;

                    (ja)  an office of member of the Legislative Assembly, of member of the Council, or of Minister of the Territory, within the meaning of the Northern Territory (Self‑Government) Act 1978;

                   (jaa)  an office of member of the Legislative Assembly, of member of the Executive Council, or of Minister, within the meaning of the Norfolk Island Act 1979;

                     (k)  an office of Departmental Secretary;

                      (l)  an office or appointment the terms and conditions of which are fixed under the Trade Representatives Act 1933;

                    (m)  an office or appointment (other than the office of Director‑General of Security) in the Australian Security Intelligence Organisation;

                     (n)  the Chief Executive Centrelink (within the meaning of the Human Services (Centrelink) Act 1997);

                     (o)  the Chief Executive Medicare (within the meaning of the Human Services (Medicare) Act 1973);

                   (oa)  the Child Support Registrar;

                     (p)  persons who are employed under section 42 of the Naval Defence Act 1910;

                     (q)  an office or appointment in the service or employment of a higher education institution;

                      (r)  an office or appointment in the Defence Force other than an appointment as:

                              (i)  Chief of the Defence Force; or

                             (ii)  Vice Chief of the Defence Force; or

                            (iii)  Chief of Navy; or

                            (iv)  Chief of Army; or

                             (v)  Chief of Air Force;

                    (ra)  a principal executive office;

                      (s)  an office or appointment in the Australian Federal Police other than an office or appointment that is specified by the Minister, by a notice in writing given to the President, to be a senior office or senior appointment, as the case may be, in the Australian Federal Police to which this Part is to apply;

                      (t)  except as provided by paragraph (d) or (f), an office or appointment in the service or employment of a public statutory corporation or of an incorporated company;

                     (u)  an office or appointment the remuneration in respect of which is required by law to be fixed by or in consultation with, or in accordance with arrangements made with, the Government of a State or of a country other than Australia;

                     (v)  an office or appointment, or an office or appointment included in a class of offices or appointments, prescribed by the regulations for the purposes of this paragraph.

             (5)  A reference in this Part to the making of an appointment includes, unless the contrary intention appears, a reference to:

                     (a)  the making of a contract with a person for the performance of services by the person; and

                     (b)  the issuing of a Commission, or of another instrument (whether of a formal or informal nature), to a person appointing, authorizing or requesting him or her, either alone or together with another person or other persons, to hold an inquiry or perform other functions, duties or services;

and the person with whom such a contract is made or to whom such a Commission or other instrument is issued shall be deemed for the purposes of this Part to be the holder of an appointment.

3A  Principal executive offices

             (1)  The Minister may, by writing, declare that a specified office or appointment is a principal executive office.

             (2)  The Minister may, by writing, declare that a specified principal executive office is assigned to a specified classification within the classification structure determined by the Tribunal under subsection 5(2A).

             (3)  A declaration made under subsection (2) as to the classification to which a principal executive office is assigned may state that the assignment of the office to the classification is a temporary assignment. If the declaration so states, the assignment ceases to be an assignment of the office to the classification at the end of the term of appointment of the person who held the office when the assignment was made.

             (4)  If the Minister makes a declaration under subsection (2) as to the classification to which a principal executive office is assigned, the Minister may give a notice in writing to the employing body for the office fixing the remuneration within that classification that is to be the commencing remuneration for the office.

             (5)  A notice given under subsection (4) fixing a commencing remuneration for a principal executive office may state that the remuneration so fixed is a temporary commencing remuneration. If the notice so states, that remuneration ceases to be the commencing remuneration for the office at the end of the term of appointment of the person who held the office when the notice was given.

             (6)  For each declaration under this section, the Minister must seek the advice of the Tribunal and take that advice into account.

3B  Employing body

                   The Minister may, by writing, declare that a specified person, authority or body is the employing body for a specified principal executive office.

3C  Provisions relating to declarations under sections 3A and 3B

             (1)  This section applies to the following declarations:

                     (a)  declarations under subsection 3A(1);

                     (b)  declarations under subsection 3A(2);

                     (c)  declarations under section 3B.

             (2)  Two or more declarations may be contained in the same instrument, whether they relate to the same principal executive office or to different principal executive offices.

             (3)  A copy of every instrument containing a declaration or declarations is to be published in the Gazette.

Division 2Determinations and reports by the Remuneration Tribunal

4  Establishment of Remuneration Tribunal

             (1)  For the purposes of this Part, there is hereby established a Tribunal to be known as the Remuneration Tribunal.

             (2)  The Tribunal shall consist of three members appointed by the Governor‑General on a part‑time basis.

             (3)  Subject to this Part, a member holds office for a period not exceeding 5 years, but is eligible for re‑appointment.

             (4)  A person shall not be appointed as a member if he or she is:

                     (a)  a member of the Parliament;

                     (b)  a person appointed or engaged under the Public Service Act 1999;

                     (c)  the holder of a public office;

                     (d)  a Justice or Judge of a federal court or of the Supreme Court of a Territory; or

                     (e)  a person who, by virtue of an Act, has the same status as a Justice or Judge of a court referred to in paragraph (d).

             (5)  The Governor‑General shall appoint one of the members to be the President of the Tribunal.

             (7)  The exercise of the powers, and the performance of the functions, of the Tribunal are not affected by a vacancy in the membership of the Tribunal.

             (8)  In this section, President does not include an acting President.

4A  Acting President

                   The Minister may appoint a member to act as President:

                     (a)  during a vacancy in the office of President; or

                     (b)  during any period, or during all periods, when the President is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his or her office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

4B  Disclosure of interest by Tribunal members

             (1)  Where the President is taking part, or is to take part, in the consideration of a matter by the Tribunal and the President has or acquires any interest, pecuniary or otherwise, that could conflict with the proper performance of his or her functions in relation to the matter:

                     (a)  the President must, in writing, disclose the interest to the Minister; and

                     (b)  the President must not take part, or continue to take part, in the consideration of the matter, unless the Minister consents in writing.

             (2)  Where a member other than the President is taking part, or is to take part, in the consideration of a matter by the Tribunal and the member has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the member’s functions in relation to the matter:

                     (a)  the member must, in writing, disclose the interest to the President; and

                     (b)  the member must not take part, or continue to take part, in the consideration of the matter, if the President gives a direction under subsection (3).

             (3)  Where the President becomes aware:

                     (a)  that a member is taking part, or is to take part, in the consideration of a matter by the Tribunal; and

                     (b)  that the member has, in relation to the consideration of the matter, an interest referred to in subsection (2);

then, if the President considers that the member should not take part, or continue to take part, in the consideration of the matter, the President is to give a direction in writing to the member accordingly.

5  Functions of Tribunal

             (1)  The functions of the Tribunal are to inquire into, and report to the Minister on, matters referred to in section 6 and to inquire into, and determine, matters referred to in section 7 (other than subsection 7(3D)), having regard to national minimum wage orders made by the Fair Work Commission.

             (2)  An additional function of the Tribunal is to provide advice to the Australian National University and the University of Canberra in relation to terms and conditions (including remuneration and allowances) on which executive education offices in those bodies are to be held.

          (2A)  An additional function of the Tribunal is to:

                     (a)  determine a classification structure for principal executive offices; and

                     (b)  in connection with determinations made under paragraph (a), exercise the powers referred to in subsections 7(3D), (3E) and (3F).

          (2B)  An additional function of the Tribunal is:

                     (a)  to inquire into, and determine, matters referred to in Division 4; and

                     (b)  in connection with determinations made under that Division, to perform such other functions and exercise such other powers as are conferred on the Tribunal by that Division.

          (2D)  An additional function of the Tribunal is to provide advice, for the purposes of the Parliamentary Service Act 1999, in relation to terms and conditions (including remuneration and allowances) for the following offices:

                     (a)  the office of Parliamentary Service Commissioner;

                     (b)  the office of Parliamentary Service Merit Protection Commissioner;

                     (c)  offices of Secretary (other than the Parliamentary Budget Officer);

                     (d)  the office of Parliamentary Librarian.

             (3)  In providing advice under this section in relation to the terms and conditions as to remuneration on which principal executive offices or executive education offices are to be held, the Tribunal must have regard to the superannuation entitlements of the holders of those offices.

6  Inquiries and reports by Tribunal

             (1)  The Tribunal shall, from time to time as provided by this Part, inquire into, and report to the Minister on, the question whether any alterations are desirable in the salaries payable to Ministers of State out of public moneys of the Commonwealth.

          (2A)  The Tribunal, from time to time as provided by this Part, is to inquire into, and report to the Minister on, the rates of salaries in relation to:

                     (a)  Vice‑Chancellors, Principals and other chief executive officers of higher education institutions (other than Commonwealth higher education institutions); and

                     (b)  deputies (however described) of officers referred to in paragraph (a);

that should be used as a basis for making grants in relation to recurrent expenditure in connection with those institutions, and the dates as from which those rates of salary should be so used.

             (3)  Where the Tribunal inquires into a matter referred to in subsection (1) or (2A):

                     (a)  the Tribunal may also inquire into, and report on, any matter that is, or is considered by it to be, significantly related to the first‑mentioned matter; and

                     (b)  if the Minister, by a notice in writing given to the President, requests the Tribunal to inquire into, and report on, a matter specified in the notice, being a matter that is, or is considered by the Minister to be, significantly related to the first‑mentioned matter, the Tribunal shall inquire into, and report on, the matter specified in the notice.

             (4)  If the Tribunal reports that alterations are desirable in respect of a matter, it shall, in its report, recommend the nature and extent of the alterations that should be made.

             (5)  The Minister shall cause a copy of a report to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by him or her.

7  Inquiries and determinations by Tribunal

             (1)  The Tribunal shall, from time to time as provided by this Part, inquire into, and determine, the allowances (including allowances in accordance with section 48 of the Constitution) to be paid out of the public moneys of the Commonwealth to members of the Parliament by reason of their membership of the Parliament or by reason of their holding particular offices, or performing particular functions, in, or in relation to, the Parliament or either House of the Parliament.

          (1A)  The Tribunal may determine that a portion of parliamentary base salary is not parliamentary allowance for the purposes of the Parliamentary Contributory Superannuation Act 1948.

          (1B)  The Tribunal may determine that a portion of additional Parliamentary office holder salary is not allowance by way of salary for the purposes of the Parliamentary Contributory Superannuation Act 1948.

          (1C)  Without limiting subsection (1B), the Tribunal may determine under that subsection that, in the circumstances specified in the determination, a different portion (which may be a portion equal to 100%) of additional Parliamentary office holder salary is not allowance by way of salary for the purposes of that Act in those circumstances.

             (2)  The Tribunal shall, from time to time as provided by this Part, inquire into, and determine, the allowances to be paid to Ministers of State out of the public moneys of the Commonwealth.

          (2A)  The Tribunal may determine that a portion of a salary referred to in subsection 6(1) is not salary for the purposes of the Parliamentary Contributory Superannuation Act 1948.

             (3)  The Tribunal shall, from time to time as provided by this Part, inquire into, and determine, the remuneration to be paid to the holders of public offices other than holders of those offices who are members of, or candidates for election to, either House of the Parliament.

       (3AA)  The Tribunal, as provided by this Part, is to inquire into, and determine, the recreation leave entitlements of the full‑time holders of relevant offices other than holders of those offices who are members of, or candidates for election to, either House of the Parliament.

       (3AB)  For the purposes of subsection (3AA), a relevant office is a public office in relation to which a law of the Commonwealth provides that the holder of the office has such recreation leave entitlements as are determined by the Tribunal.

       (3AC)  The holder of a public office that is a relevant office within the meaning of subsection (3AA) may take recreation leave only with the approval of the person, authority or body, or a delegate of the person, authority or body, who may, under a law of the Commonwealth, grant leave of absence other than recreation leave to the holder of that office.

       (3AD)  Where a law of the Commonwealth does not specify a person, authority or body who may grant leave of absence other than recreation leave to the holder of such an office, the Tribunal may specify a person, authority or body whose approval is required in relation to the taking of recreation leave by the holder of that office.

          (3A)  The Tribunal may make a determination under subsection (3) or (3AA) in relation to persons included in a class of persons specified in the determination without specifying in the determination every person who is included in that class.

          (3B)  The Tribunal may determine that the remuneration to be paid to the holder of an office is the same as that of the holder of another office referred to in the determination, including another office the remuneration payable to the holder of which is determined by some other Commonwealth tribunal or authority.

          (3C)  The Tribunal may determine that the recreation leave entitlements of the full‑time holder of a public office are the same as those of the holder of another office referred to in the determination, including another office the entitlements of the holder of which are determined by some other Commonwealth tribunal or authority.

          (3D)  The Tribunal may, from time to time as provided by this Part:

                     (a)  hold inquiries for the purpose of performing its function under subsection 5(2A); and

                     (b)  in determining under that subsection a classification structure for principal executive offices, determine the terms and conditions (including remuneration and allowances, or bands of remuneration and allowances) applicable to each classification within the classification structure.

          (3E)  The Tribunal may, from time to time, make recommendations as to any matters relating to principal executive offices, either generally or in respect of a particular principal executive office or particular principal executive offices.

           (3F)  In determining under subsection (3D) the terms and conditions as to the remuneration or band of remuneration that is to be applicable to a classification within a classification structure, the Tribunal must have regard to the superannuation entitlements of the holders of principal executive offices assigned to the classification.

             (4)  Where the Tribunal inquires into a matter referred to in subsection (1), (2), (3), (3AA) or (3D):

                     (a)  the Tribunal may also inquire into, and either determine or report on, any matter that is, or is considered by it to be, significantly related to the first‑mentioned matter; and

                     (b)  if the Minister, by a notice in writing given to the President, requests the Tribunal to inquire into, and either to determine or report on, a matter specified in the notice, being a matter that is, or is considered by the Minister to be, significantly related to the first‑mentioned matter, the Tribunal shall inquire into the matter specified in the notice and either determine or report on that matter, as the case may be, in accordance with the request.

          (4A)  The Tribunal may inquire into and determine the travelling allowances to be paid to members of committees established under section 54, and members of sub‑committees established under subsection 58(1A), of the Fisheries Administration Act 1991 in relation to the performance of their duties as members of the committees or sub‑committees.

          (4B)  The Tribunal may inquire into and determine the travelling allowances to be paid to the President of the Fair Work Commission for travel within Australia.

             (5)  Subject to subsection (5A), a determination of the Tribunal shall be in writing and shall come into operation, or shall be deemed to have come into operation, on such date as the Tribunal specifies in the determination.

          (5A)  A determination to which this subsection applies comes into operation according to subsections (5C) and (5D).

          (5B)  Subsection (5A) applies to a determination that relates to the remuneration to be paid to a holder of:

                     (a)  an office of Justice or Judge of a Federal Court or of the Supreme Court of a Territory; or

                     (b)  the office of a person who, under an Act, has the same status as a Justice or Judge of a court referred to in paragraph (a).

          (5C)  So far as it relates to a holder of an office referred to in subsection (5B), a determination to which subsection (5A) applies takes effect on the latest of the following:

                     (a)  the date specified by the Tribunal in the determination;

                     (b)  the day after the fifteenth sitting day of the House of Representatives after a copy of the determination is laid before that House;

                     (c)  the day after the fifteenth sitting day of the Senate after a copy of the determination is laid before the Senate.

          (5D)  Except to the extent that subsection (5C) applies, a determination to which subsection (5A) applies takes effect according to subsection (5).

          (5E)  Where, under subsection (5C), a determination, so far as it relates to a particular office, comes into operation after the date specified in the determination, a person who held the office at any time during the period of deferral is entitled to receive the difference between:

                     (a)  the remuneration that would have been payable to him or her in respect of that period if the determination had come into operation according to subsection (5); and

                     (b)  the remuneration that was payable to him or her in respect of that period.

           (5F)  For the purposes of subsection (5E), the period of deferral is the period commencing on the date specified in the determination and ending on the day on which the determination comes into operation in relation to the holder of the particular office.

          (5G)  The Tribunal may, in a determination under subsection (2A), specify under subsection (5) that the determination’s date of operation is the day on which an event specified in the determination occurs or occurred.

             (6)  The Tribunal must give the Minister a copy of every determination made by the Tribunal, other than a determination that relates to an ACT office.

          (6A)  The Tribunal must give the Chief Minister of the Australian Capital Territory a copy of every determination made by the Tribunal in relation to an ACT office.

             (7)  The Minister shall cause a copy of a determination, other than a determination that is referred to in subsection (8AA) or that relates to an ACT office or that is made under Division 4, to be laid before each House of the Parliament within 15 sitting days of that House after the determination is received by him or her.

             (8)  If either House of the Parliament, within 15 sitting days of that House after a copy of a determination has been laid before that House, passes a resolution disapproving of the determination, then:

                     (a)  if the determination has not come into operation—the determination shall not come into operation; or

                     (b)  if the determination has come into operation—the determination shall not have any force or effect in respect of a period on or after the day on which the resolution was passed.

       (8AA)  Each of the following determinations is a legislative instrument, but neither subsection (8) of this section, nor section 42 (disallowance) of the Legislative Instruments Act 2003, applies to the determination:

                     (a)  a determination under subsection (1), (1A), (1B), (2) or (2A) of this section;

                     (b)  a determination under subsection (4) of this section on a matter that is, or is considered by the Tribunal or the Minister to be, significantly related to a matter referred to in subsection (1) or (2) of this section.

          (8A)  If the Legislative Assembly for the Australian Capital Territory, within 30 sitting days of the Assembly after a copy of a determination that relates to an ACT office is given to the Chief Minister, passes a resolution disapproving of the determination, then:

                     (a)  if the determination has not come into operation—the determination does not come into operation; or

                     (b)  if the determination has come into operation—the determination does not have any force or effect after the day on which the resolution is passed.

             (9)  Remuneration (including salary) or allowances to which a subsisting determination applies shall, notwithstanding the provisions of any other law of the Commonwealth, of any law of a State or Territory, of any instrument having effect by virtue of such a law or of any contract, but subject to the succeeding provisions of this section:

                     (a)  in the case of remuneration or allowances payable to a person who:

                              (i)  holds an office or appointment as, or as a member of, or in the service or employment of, a public statutory corporation or an office or appointment as a member of a body established to manage, conduct or control the business or affairs of, or otherwise to perform functions in relation to, such a corporation; or

                             (ii)  holds an office or appointment as a director of, or in the service or employment of, an incorporated company;

                            being a corporation or company that has funds under its control that are lawfully available to pay the remuneration or allowances—be paid in accordance with the determination out of those funds; and

                    (aa)  in the case of remuneration or allowances payable to a person who holds an office of Magistrate within the meaning of the law of the Northern Territory known as the Justices Act as in force from time to time—be paid in accordance with the determination out of public moneys of the Territory within the meaning of Part V of the Northern Territory (Self‑Government) Act 1978; and

                (acaa)  in the case of remuneration or allowances payable to a person who holds an office or appointment under Part 3A of the Aboriginal and Torres Strait Islander Act 2005—be paid in accordance with the determination out of money of the Torres Strait Regional Authority that is lawfully available to pay the remuneration or allowances; and

                  (aca)  in the case of remuneration or allowances payable to a person who holds an office or appointment under Part 4 of the Aboriginal and Torres Strait Islander Act 2005—be paid in accordance with the determination out of money of the Aboriginal and Torres Strait Islander Commercial Development Corporation that is lawfully available to pay the remuneration or allowances; and

              (acaaa)  in the case of remuneration or allowances payable to a person who holds an office or appointment under Part 4A of the Aboriginal and Torres Strait Islander Act 2005—be paid in accordance with the determination out of money of the Indigenous Land Corporation that is lawfully available to pay the remuneration or allowances; and

                  (acb)  in the case of remuneration or allowances payable to a person who holds an office or appointment under the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989—be paid in accordance with the determination out of money of the Australian Institute of Aboriginal and Torres Strait Islander Studies that is lawfully available to pay the remuneration or allowances; and

                   (ad)  in the case of remuneration or allowances payable to a person who holds the office of Commissioner of Private Health Insurance Administration, an office of member of the Private Health Insurance Administration Council or the office of Director of that Council—to be paid in accordance with the determination out of funds under the control of that Council; and

                     (b)  in any other case—be paid in accordance with the determination out of the Consolidated Revenue Fund.

           (10)  A member of, or a candidate for election to, either House of the Parliament is not entitled to be paid, and shall not be paid, any remuneration or allowances in respect of his or her holding, or performing the duties of, a public office but he or she shall be reimbursed:

                     (a)  in the case of a public office to which paragraph (9)(a) applies—out of the funds of the corporation or company concerned; or

                     (b)  in any other case—out of the Consolidated Revenue Fund, such expenses as he or she reasonably incurs in respect of his or her holding, or performing the duties of, that office.

           (11)  Except as prescribed, or as authorized or approved by or under any other law of the Commonwealth or any law of a Territory, a person is not entitled to be paid any remuneration in respect of his or her holding, or performing the duties of, a public office on a part‑time basis if the person holds any office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of the Commonwealth, the Administration of a Territory, a public statutory corporation, an incorporated company referred to in paragraph 3(4)(da) or an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth or by a public statutory corporation.

        (11A)  For the purposes of subsection (11), an office of member of the Aboriginal Corporation of the National Aboriginal Conference shall be deemed to be an office in the service of the Commonwealth.

           (12)  Except as prescribed, a person is not entitled to be paid any remuneration in respect of his or her holding, or performing the duties of, a public office if the person holds a judicial office in the service of the Government of a State or of a country other than Australia.

        (12A)  Where the same person holds each of two public offices on a full‑time basis:

                     (a)  if the salary applicable to one of those offices is higher than the salary applicable to the other of those offices—he or she shall be remunerated only by the salary and annual allowance (if any) applicable to the office to which the higher salary is applicable; or

                     (b)  if the same salary is applicable to each of those offices:

                              (i)  where an annual allowance is applicable to one only of those offices—he or she shall be remunerated only by the salary and annual allowance applicable to that office;

                             (ii)  if an annual allowance is applicable to each of those offices but the annual allowance applicable to one of those offices is higher than the annual allowance applicable to the other of those offices—he or she shall be remunerated only by the salary and annual allowance applicable to the office to which the higher annual allowance is applicable; or

                            (iii)  if the same annual allowance is applicable to each of those offices—he or she shall be remunerated only by the salary and annual allowance applicable to one of those offices.

           (13)  The Consolidated Revenue Fund is appropriated for the purposes of subsections (9) and (10).

           (14)  Nothing in a determination affects the operation of section 17 of the Remuneration and Allowances Act 1973.

7A  Reasons for determinations about members of parliament

                   The Tribunal must ensure that its reasons for each of the following determinations are published on its website and notified to the Minister:

                     (a)  a determination under subsection 7(1), (1A), (1B), (2) or (2A);

                     (b)  a determination under subsection 7(4) on a matter that is, or is considered by the Tribunal or the Minister to be, significantly related to a matter referred to in subsection 7(1) or (2).

8  Time of making reports and determinations

             (1)  Subject to this section, the Tribunal shall, as soon as practicable after the commencement of this Act, and at subsequent intervals of not more than 1 year, make:

                     (a)  reports on the matters referred to in subsections 6(1), (2) and (2A); and

                     (b)  determinations in respect of the matters referred to in subsections 7(1), (2) and (3).

             (2)  Where:

                     (a)  an office came into existence before the commencement of the Remuneration and Allowances Amendment Act 1983 and the Tribunal has not determined the remuneration to be paid in respect of that office;

                    (aa)  an office comes into existence after that commencement; or

                     (b)  a substantial change in the functions or duties to be performed by the holder of an office has occurred since the Tribunal last determined the remuneration to be paid in respect of that office;

the Tribunal shall, as soon as practicable but without prejudice to its obligations under subsection (1), inquire into and determine the remuneration to be paid in respect of that office.

          (2A)  Subsection (2) does not apply in relation to the holder of an office who is a member of, or a candidate for election to, either House of the Parliament.

             (3)  Where the Tribunal inquires into, and determines, the remuneration to be paid in respect of an office in accordance with subsection (2), the Tribunal may also inquire into, and either determine or report on, any matter that is, or is considered by it to be, significantly related to that remuneration.

             (4)  In subsections (2), (2A) and (3), office means a public office.

8A  Time of making recreation leave determinations

             (1)  Subject to this section, the Tribunal may, from time to time, make determinations in respect of the matters referred to in subsection 7(3AA).

             (2)  Where:

                     (a)  a public office becomes a relevant office within the meaning of subsection 7(3AA) and is held by a person on a full‑time basis; or

                     (b)  a public office, being such a relevant office, comes into existence and is held by a person on a full‑time basis; or

                     (c)  a substantial change in the functions or duties to be performed by the holder of a public office has occurred since the Tribunal last determined the recreation leave entitlement of a full‑time holder of that office;

the Tribunal must, as soon as practicable but without prejudice to its obligations under subsection (1), inquire into and determine the recreation leave entitlements of a full‑time holder of that office.

             (3)  Subsection (2) does not apply in relation to the holder of a public office who is a member of, or a candidate for election to, either House of the Parliament.

             (4)  Where the Tribunal inquires into, and determines, the recreation leave entitlements of a full‑time holder of a public office in accordance with subsection (2), the Tribunal may also inquire into, and either determine or report on, any matter that is, or is considered by it to be, significantly related to those entitlements.

8B  Hearings in relation to discriminatory determinations

             (1)  If a determination is referred to the Tribunal under section 46PX of the Australian Human Rights Commission Act 1986, the Tribunal must hold a hearing to review the determination.

             (2)  Section 10 applies to the hearing as if it were a meeting of the Tribunal.

             (3)  The Tribunal must decide whether or not the hearing is to be held in public.

             (4)  If the Tribunal decides that the hearing is not to be held in public, then, subject to subsection (5), it may decide the people who may be present.

             (5)  The Sex Discrimination Commissioner is entitled to notice of, and to be present at, the hearing and may make submissions to the Tribunal.

             (6)  In this section:

determination includes a variation to a determination.

8C  Review of discriminatory determinations

             (1)  If:

                     (a)  a determination has been referred to the Tribunal under section 46PX of the Australian Human Rights Commission Act 1986; and

                     (b)  the Tribunal considers that the determination is a discriminatory determination;

the Tribunal must take the necessary action to remove the discrimination, by setting aside the determination, setting aside terms of the determination or varying the determination.

             (2)  In this section:

determination has the same meaning as in section 8B.

discriminatory determination means a determination that:

                     (a)  has been referred to the Tribunal under section 46PX of the Australian Human Rights Commission Act 1986; and

                     (b)  requires a person to do an act that would be unlawful under Part II of the Sex Discrimination Act 1984 except for the fact that the act would be done in direct compliance with the determination.

             (3)  For the purposes of the definition of discriminatory determination in subsection (2), the fact that an act is done in direct compliance with the determination does not of itself mean that the act is reasonable.

9  Resignation and removal from office

             (1)  A member may resign his or her office by writing signed by him or her and delivered to the Governor‑General.

             (2)  The Governor‑General may remove a member from office for misbehaviour or physical or mental incapacity.

             (3)  A member ceases to hold office if he or she becomes a person mentioned in subsection 4(4).

10  Meetings of the Tribunal

             (1)  The President may convene meetings of the Tribunal.

             (2)  The President shall preside at all meetings of the Tribunal at which he or she is present.

             (3)  In the event of the absence of the President from a meeting, another member nominated by the President shall preside.

             (4)  At a meeting of the Tribunal:

                     (a)  the procedure shall be as determined by the Tribunal;

                     (b)  two members constitute a quorum;

                     (c)  all questions shall be decided by a majority of votes of the members present and voting; and

                     (d)  the member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

11  Method of inquiry by Tribunal

             (1)  In the performance of the functions of the Tribunal:

                     (a)  the Tribunal may inform itself in such manner as it thinks fit;

                     (b)  the Tribunal may receive written or oral statements;

                     (c)  the Tribunal is not required to conduct any proceeding in a formal manner; and

                     (d)  the Tribunal is not bound by the rules of evidence.

             (2)  The Minister may, if he or she thinks fit, appoint a person or persons to assist the Tribunal in an inquiry.

12  Fees and allowances

                   A member and any person appointed under subsection 11(2) to assist the Tribunal shall be paid such fees and allowances as are prescribed.

12AA  Annual report

             (1)  The Tribunal shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of the operations of the Tribunal during the year that ended on that 30 June.

          (1A)  The Tribunal shall include in the report an assessment of the general operation of subsection 5(2).

             (2)  The Minister shall cause a copy of a report furnished to him or her under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.

Division 3Determinations by employing bodies for principal executive offices

12C  Terms and conditions determined by employing body

             (1)  Subject to subsection (2), the employing body for a principal executive office may, in writing, determine the terms and conditions (including remuneration and allowances) applying to the office.

             (2)  Except with the written consent of the Tribunal, an employing body must not determine terms and conditions in respect of a principal executive office that are inconsistent with terms and conditions determined by the Tribunal under subsection 7(3D) in respect of the classification to which the office is assigned.

             (3)  If a determination is in force under this section for a principal executive office, the determination overrides any provision of another Act that provides for the terms and conditions applying to the principal executive office, unless that other provision refers to, and is expressed to override, this section.

Division 4Remuneration etc. for Departmental Secretaries

13  Determination of classification structure etc.

             (1)  The Tribunal must determine a classification structure for offices of Departmental Secretary.

             (2)  The Tribunal may also determine any matter that is, or is considered by it to be, significantly related to the classification structure determined under subsection (1).

             (3)  The Tribunal must, from time to time, determine the classification to which each office of Departmental Secretary is assigned.

             (4)  The Tribunal may hold inquiries for the purpose of performing its functions under subsections (1), (2) and (3).

             (5)  The Secretary of the Department that is administered by the Prime Minister may, from time to time after the Tribunal has made its first determination under subsection (3), make recommendations to the Tribunal about matters relating to the assignment of a particular office of Departmental Secretary to a particular classification.

14  Amount of remuneration

Remuneration for certain Secretaries

             (1)  The Tribunal must, from time to time, determine the amount of remuneration that is to be paid to:

                     (a)  the Secretary of the Department that is administered by the Prime Minister; and

                     (b)  the Secretary of the Department that is administered by the Treasurer.

             (2)  The amount of remuneration determined under subsection (1) must be consistent with the classification structure determined by the Tribunal under section 13.

Note:          Determinations made by the Tribunal under subsection (1) must be published in accordance with section 16.

Remuneration for other Secretaries

             (3)  The Secretary of the Department that is administered by the Prime Minister, in consultation with the President of the Tribunal and the Public Service Commissioner, must, from time to time, assign each Departmental Secretary (other than a Departmental Secretary referred to in subsection (1)) to an amount of remuneration.

             (4)  The amount of remuneration to which a Departmental Secretary is assigned under subsection (3) must be consistent with the classification structure determined by the Tribunal under section 13.

             (5)  An assignment made under subsection (3):

                     (a)  must be in writing; and

                     (b)  comes into operation on the date specified in the instrument of assignment.

             (6)  The Secretary of the Department that is administered by the Prime Minister must give the Minister a copy of each instrument of assignment made under subsection (3).

             (7)  For the purposes of subsection 5(3AB) of the Superannuation Act 1976, an assignment under subsection (3) of this section of a Departmental Secretary to an amount of remuneration is taken to be a determination made under the Remuneration Tribunal Act 1973 in respect of the remuneration of the Departmental Secretary.

15  Determination of other terms and conditions

                   The Tribunal must, from time to time, inquire into, and determine, the terms and conditions (other than remuneration) that are to apply to the offices of Departmental Secretary.

16  Publication of determinations made by the Tribunal under this Division

                   The Tribunal must ensure that a determination made by the Tribunal under this Division is published in the Gazette, and on the Tribunal’s website, within 14 days after it is made.

Note 1:       A determination made by the Tribunal under this Division must be in writing and comes into operation on the date specified in the determination: see subsection 7(5).

Note 2:       The Tribunal must give the Minister a copy of each determination made by the Tribunal under this Division: see subsection 7(6).

Part IVMiscellaneous

  

16A  Recoverable payments

             (1)  If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.

Recovery

             (2)  If a payment is made under subsection (1) to the recipient, the relevant amount:

                     (a)  is a debt due to the Commonwealth by the recipient; and

                     (b)  may be recovered by the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency, on behalf of the Commonwealth, in a court of competent jurisdiction.

Note:          See also section 47 of the Financial Management and Accountability Act 1997 (duty to pursue recovery of a debt).

             (3)  If:

                     (a)  a payment is made under subsection (1) to the recipient; and

                     (b)  the recipient is receiving, or is entitled to receive, a benefit;

then:

                     (c)  the relevant amount; or

                     (d)  such part of the relevant amount as the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency determines;

may, if the Chief Executive so directs, be recovered by deduction from that benefit, unless the recipient is a Justice or Judge of a federal court.

Note:          See also section 47 of the Financial Management and Accountability Act 1997 (duty to pursue recovery of a debt).

Appropriation

             (4)  For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to remuneration (including salary) or an allowance under subsection 7(9), the payment is taken to be remuneration or an allowance under subsection 7(9).

             (5)  For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to reimbursement under subsection 7(10), the payment is taken to be reimbursement under subsection 7(10).

Benefit

             (6)  For the purposes of this section, benefit means:

                     (a)  remuneration (including salary) or an allowance under subsection 7(9); or

                     (b)  a reimbursement under subsection 7(10).

Relevant agency

             (7)  For the purposes of this section, the relevant agency, in relation to a recovery under this section of the whole or part of a relevant amount, means:

                     (a)  the Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) that paid the relevant amount under subsection (1) on behalf of the Commonwealth; or

                     (b)  if a different Agency is prescribed in an instrument under subsection (8)—the Agency.

             (8)  The Minister may, by legislative instrument, prescribe an Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) for the purposes of paragraph (7)(b).

16B  Recoverable death payments

             (1)  If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) in any of the following circumstances:

                     (a)  the relevant amount is deposited to an account kept in the name of a deceased person;

                     (b)  the relevant amount is deposited to an account kept in the names of a deceased person and another person;

                     (c)  the relevant amount is paid by way of a cheque made out to a deceased person;

the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:

                     (d)  on the last day on which changes could reasonably be made to the payment of the relevant amount, the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency did not know that the deceased person had died; and

                     (e)  apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.

             (2)  If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.

Recovery

             (3)  If a payment is made under subsection (1), the relevant amount:

                     (a)  is a debt due to the Commonwealth by the legal personal representative of the deceased person; and

                     (b)  may be recovered by the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency, on behalf of the Commonwealth, in a court of competent jurisdiction.

Note:          See also section 47 of the Financial Management and Accountability Act 1997 (duty to pursue recovery of a debt).

Appropriation

             (4)  For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to remuneration (including salary) or an allowance under subsection 7(9), the payment is taken to be remuneration or an allowance under subsection 7(9).

             (5)  For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to reimbursement under subsection 7(10), the payment is taken to be reimbursement under subsection 7(10).

Benefit

             (6)  For the purposes of this section, benefit means:

                     (a)  remuneration (including salary) or an allowance under subsection 7(9); or

                     (b)  a reimbursement under subsection 7(10).

Relevant agency

             (7)  For the purposes of this section, the relevant agency, in relation to a payment or recovery under this section of the whole or part of a relevant amount, means:

                     (a)  the Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) that paid the relevant amount under subsection (1) on behalf of the Commonwealth; or

                     (b)  if a different Agency is prescribed in an instrument under subsection (8)—the Agency.

             (8)  The Minister may, by legislative instrument, prescribe an Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) for the purposes of paragraph (7)(b).

16C  Reports about recoverable payments and recoverable death payments

             (1)  During the applicable publication period for a reporting period, the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency must cause to be published, in such manner as the Chief Executive thinks fit, a report that sets out:

                     (a)  both:

                              (i)  the number of payments made under subsection 16A(1) during the reporting period; and

                             (ii)  the total amount of those payments; and

                     (b)  both:

                              (i)  the number of payments made under subsection 16B(1) during the reporting period; and

                             (ii)  the total amount of those payments.

             (2)  However, a report is not required if:

                     (a)  the number mentioned in subparagraph (1)(a)(i) is zero; and

                     (b)  the number mentioned in subparagraph (1)(b)(i) is zero.

Deferred reporting

             (3)  Paragraph (1)(a) of this section does not require a report to deal with a payment unless before the preparation of the report, an official (as determined under the Financial Management and Accountability Act 1997) of the relevant agency was aware the payment was made under subsection 16A(1).

             (4)  Paragraph (1)(b) of this section does not require a report to deal with a payment unless before the preparation of the report, an official (as determined under the Financial Management and Accountability Act 1997) of the relevant agency was aware the payment was made under subsection 16B(1).

             (5)  For the purposes of this section, if:

                     (a)  a payment was made under subsection 16A(1) or 16B(1) in a reporting period; and

                     (b)  either:

                              (i)  because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or

                             (ii)  because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and

                     (c)  during a later reporting period, an official (as determined under the Financial Management and Accountability Act 1997) of the relevant agency becomes aware that the payment was made under subsection 16A(1) or 16B(1), as the case may be;

the payment is subject to a deferred reporting obligation in relation to the later reporting period.

             (6)  If one or more payments made under subsection 16A(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Chief Executive of the relevant agency must, during the applicable publication period for the later reporting period:

                     (a)  prepare a report that sets out:

                              (i)  the number of those payments; and

                             (ii)  the total amount of those payments; and

                            (iii)  the reporting period during which the payments were made; and

                     (b)  if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and

                     (c)  if paragraph (b) does not apply—publish, in such manner as the Chief Executive thinks fit, the paragraph (a) report.

             (7)  If one or more payments made under subsection 16B(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Chief Executive of the relevant agency must, during the applicable publication period for the later reporting period:

                     (a)  prepare a report that sets out:

                              (i)  the number of those payments; and

                             (ii)  the total amount of those payments; and

                            (iii)  the reporting period during which the payments were made; and

                     (b)  if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and

                     (c)  if paragraph (b) does not apply—publish, in such manner as the Chief Executive thinks fit, the paragraph (a) report.

Reporting period

             (8)  For the purposes of this section, a reporting period is:

                     (a)  a financial year; or

                     (b)  if a shorter recurring period is prescribed in an instrument under subsection (9)—that period.

             (9)  The Minister may, by legislative instrument, prescribe a recurring period for the purposes of paragraph (8)(b).

Applicable publication period

           (10)  For the purposes of this section, the applicable publication period for a reporting period is the period of:

                     (a)  4 months; or

                     (b)  if a lesser number of months is prescribed, in relation to the reporting period, in an instrument under subsection (11)—that number of months;

beginning immediately after the end of the reporting period.

           (11)  The Minister may, by legislative instrument, prescribe a number of months, in relation to a reporting period, for the purposes of paragraph (10)(b).

Relevant agency

           (12)  For the purposes of this section, the relevant agency means:

                     (a)  the Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) that is responsible for making payments under subsection 16A(1) or 16B(1) on behalf of the Commonwealth; or

                     (b)  if a different Agency is prescribed in an instrument under subsection (13)—the Agency.

           (13)  The Minister may, by legislative instrument, prescribe an Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) for the purposes of paragraph (12)(b).

17  Regulations

                   The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Endnotes

 

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Remuneration Tribunal Act 1973.

 

Act

Number and year

Assent date

Commencement
date

Application, saving and transitional provisions

Remuneration Tribunal Act 1973

215, 1973

19 Dec 1973

19 Dec 1973

 

Remuneration Tribunals Act 1974

80, 1974

16 Oct 1974

16 Oct 1974

Defence Force Re‑organization Act 1975

96, 1975

9 Sept 1975

ss. 182 and 183(a): 28 Oct 1975 (see Gazette 1975, No. G42, p. 2) (a)

s. 183(b): 9 Feb 1976 (see Gazette 1975, No. G42, p. 2) (a)

Remuneration Tribunals Amendment Act 1978

60, 1978

22 June 1978

1 July 1978

Remuneration Tribunals Amendment Act (No. 2) 1978

178, 1978

30 Nov 1978

31 Jan 1979 (see Gazette 1979, No. S12)

s. 6

Remuneration Tribunals Amendment Act 1979

26, 1979

30 May 1979

7 Aug 1979 (see s. 2 and Gazette 1979, No. S159)

Remuneration Tribunals Amendment Act (No. 2) 1979

108, 1979

25 Oct 1979

2 June 1979

Remuneration Tribunals Amendment Act (No. 3) 1979

136, 1979

23 Nov 1979

23 Nov 1979

Australian Federal Police (Consequential Amendments) Act 1979

155, 1979

28 Nov 1979

19 Oct 1979 (see s. 2 and Gazette 1979, No. S206)

Parliamentary Secretaries Act 1980

160, 1980

10 Dec 1980

10 Dec 1980

Statute Law Revision Act 1981

61, 1981

12 June 1981

s. 117: Royal Assent (b)

Commonwealth Functions (Statutes Review) Act 1981

74, 1981

18 June 1981

Part XX (ss. 255, 256): Royal Assent (c)

Statute Law (Miscellaneous Amendments) Act 1981

176, 1981

2 Dec 1981

Part XIX (s. 68): 30 Dec 1981 (d)

Remuneration and Allowances Amendment Act 1982

78, 1982

19 Sept 1982

19 Sept 1982

ss. 2(2) and 13(2)–(4)

Public Service Acts Amendment Act 1982

111, 1982

5 Nov 1982

s. 95: 30 June 1984 (see Gazette 1984, No. S245) (e)

Statute Law (Miscellaneous Provisions) Act (No. 1) 1983

39, 1983

20 June 1983

s. 3: 18 July 1983 (f)

s. 7(1)

Remuneration and Allowances Amendment Act 1983

128, 1983

22 Dec 1983

Part IV (ss. 9, 10): Royal Assent (g)

Public Service Reform Act 1984

63, 1984

25 June 1984

s. 149: Royal Assent (h)

ss. 150 and 152(1): 20 July 1984 (see Gazette 1984, No. S276) (h)

s. 151(1): 1 July 1984 (see Gazette 1984, No. S245) (h)

s. 151(9)

Remuneration and Allowances Amendment Act 1984

73, 1984

25 June 1984

25 June 1984

Defence Legislation Amendment Act 1984

164, 1984

25 Oct 1984

s. 120: Royal Assent (j)

s. 120(2) and (3)

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

65, 1985

5 June 1985

s. 3: 3 July 1985 (k)

Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985

187, 1985

16 Dec 1985

Part VIII (s. 60): 6 Jan 1986 (see Gazette 1985, No. S551) (l)

Industrial Relations (Consequential Provisions) Act 1988

87, 1988

8 Nov 1988

s. 86: 1 Mar 1989 (m)

ss. 89(3), 90(3), 91, 92 and 94

as amended by

 

 

 

 

Industrial Relations Legislation Amendment Act (No. 2) 1990

108, 1990

18 Dec 1990

ss. 8, 13 and 21: 1 Feb 1991 (see s. 2(4) and Gazette 1991, No. S18)

ss. 22–24: 1 Mar 1989

s. 26: 1 Jan 1990

s. 33: 25 Mar 1991 (see Gazette 1991, No. S73)

Remainder: Royal Assent

A.C.T. Self‑Government (Consequential Provisions) Act 1988

109, 1988

6 Dec 1988

s. 32: 7 Dec 1988 (see Gazette 1988, No. S374) (n)

as amended by

 

 

 

 

Australian Capital Territory Government Service (Consequential Provisions) Act 1994

92, 1994

29 June 1994

1 July 1994 (see Gazette 1994, No. S256)

ss. 24–26

Government Business Enterprises (Miscellaneous Reforms) Act 1988

123, 1988

14 Dec 1988

Part II (ss. 3–12): 26 Jan 1989

Part VI (ss. 26–31): 1 Jan 1989 (see Gazette 1988, No. S399)

Part VII (ss. 32–37): 14 Nov 1988

Remainder: Royal Assent

Community Services and Health Legislation Amendment Act 1989

95, 1989

28 June 1989

Part 6 (ss. 63, 64): Royal Assent (o)

s. 64(2)

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

149, 1989

27 Nov 1989

5 Mar 1990 (see s. 2 and Gazette 1990, No. S48)

Aboriginal and Torres Strait Islander Commission Act 1989

150, 1989

27 Nov 1989

5 Mar 1990 (see Gazette 1990, No. S48)

Judicial and Statutory Officers Remuneration Legislation Amendment Act 1989

152, 1989

5 Dec 1989

ss. 3, 5(1)–(3), (5) and 6–10: 1 Mar 1989

s. 5(4): 25 May 1988

Remainder: Royal Assent

s. 15

University of Canberra Act 1989

179, 1989

28 Dec 1989

1 Jan 1990

Parliamentary Entitlements Act 1990

28, 1990

24 May 1990

24 May 1990

s. 13(2)

Industrial Relations Legislation Amendment Act 1991

122, 1991

27 June 1991

ss. 4(1), 10(b) and 15–20: 1 Dec 1988

ss. 28(b)–(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332)

Remainder: Royal Assent

s. 31(2)

as amended by

 

 

 

 

Remuneration and Allowances Legislation Amendment Act 1992

52, 1992

22 June 1992

(see 52, 1992 below)

Remuneration and Allowances Legislation Amendment Act 1992

52, 1992

22 June 1992

Part 3 (ss. 13, 14): 27 June 1991

ss. 16 and 17(1): 20 June 1990

s. 17(2): 1 July 1990

s. 19(1): 1 Jan 1990

Remainder: Royal Assent

ss. 21–23

Territories Law Reform Act 1992

104, 1992

30 June 1992

s. 25: Royal Assent (p)

Industrial Relations Legislation Amendment Act (No. 2) 1992

215, 1992

24 Dec 1992

Part 1 (ss. 1, 2) and Part 3 (ss. 9, 10): Royal Assent

Parts 9–11 (ss. 34–40): 18 Feb 1991

Remainder: 21 Jan 1993

Industrial Relations and other Legislation Amendment Act 1993

109, 1993

22 Dec 1993

ss. 1, 2 and 58: Royal Assent

s. 32: 5 Jan 1994

s. 34: 6 Sept 1991

s. 47: 24 Dec 1992

Remainder: 19 Jan 1994

Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993

1, 1994

14 Jan 1994

s. 80: 1 July 1994 (q)

Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995

20, 1995

29 Mar 1995

1 June 1995 (see Gazette 1995, No. GN18)

Industrial Relations and other Legislation Amendment Act 1995

168, 1995

16 Dec 1995

ss. 1–12, Schedules 5 and 7–10: Royal Assent

s. 13: 13 Jan 1996

Remainder: 15 Jan 1996 (see Gazette 1996, No. S16)

Sch. 9 (item 4)

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 2 (item 90): (r)

Schedule 5 (items 135–137): Royal Assent (r)

Defence Legislation Amendment Act (No. 1) 1997

1, 1997

19 Feb 1997

Schedule 2 (items 49, 88, 114): Royal Assent (s)

Education Legislation Amendment Act 1997

66, 1997

30 May 1997

Schedule 1 (Part 3) and Schedule 1 (items 19–23): (t)

Sch. 1 (items 19–23)

Fisheries Legislation Amendment Act 1997

120, 1997

7 July 1997

7 July 1997

Defence Legislation Amendment Act (No. 1) 1999

116, 1999

22 Sept 1999

Schedule 5 (item 13): (u)

Human Rights Legislation Amendment Act (No. 1) 1999

133, 1999

13 Oct 1999

ss. 1–3 and 21: Royal Assent

s. 22 and Schedule 1 (items 53, 60): 10 Dec 1999 (see Gazette 1999, No. S598)

Remainder: 13 Apr 2000

ss. 4–22

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 776–781): 5 Dec 1999 (see Gazette 1999, No. S584) (v)

Australian Security Intelligence Organisation Legislation Amendment Act 1999

161, 1999

10 Dec 1999

Schedule 3 (items 1, 56): (w)

Ministers of State and Other Legislation Amendment Act 2000

1, 2000

29 Feb 2000

10 Mar 2000 (see Gazette 2000, No. S112)

Dairy Industry Adjustment Act 2000

22, 2000

3 Apr 2000

3 Apr 2000

Remuneration Tribunal Amendment Act 2001

27, 2001

6 Apr 2001

Schedule 1: 4 May 2001 (see Gazette 2001, No. S159)

Remainder: Royal Assent

s. 4 and Sch. 1 (item 13)

Workplace Relations Legislation Amendment Act 2002

127, 2002

11 Dec 2002

Schedule 3 (items 20–22): 29 May 2003 (see Gazette 2003, No. S174)

Aboriginal and Torres Strait Islander Commission Amendment Act 2005

32, 2005

22 Mar 2005

Schedule 4 (items 80, 81): 24 Mar 2005

Parliamentary Service Amendment Act 2005

39, 2005

1 Apr 2005

1 Apr 2005

Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006

125, 2006

4 Nov 2006

Schedules 1–3: 1 July 2007 (see s. 2(1))

Remainder: Royal Assent

Medibank Private Sale Act 2006

160, 2006

11 Dec 2006

Schedule 3 (item 4): [see Endnote 3]

Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007

32, 2007

30 Mar 2007

Schedule 1 (item 60): 1 Apr 2007 (see s. 2(1))

Maritime Legislation Amendment Act 2007

150, 2007

24 Sept 2007

Schedule 1: 1 Jan 2008 (see F2007L04141)

Remainder: Royal Assent

Statute Law Revision Act 2008

73, 2008

3 July 2008

Schedule 4 (items 446–449): 4 July 2008

Dairy Adjustment Levy Termination Act 2008

123, 2008

25 Nov 2008

Schedule 3 (item 3): (x)

Fair Work (State Referral and Consequential and Other Amendments) Act 2009

54, 2009

25 June 2009

Schedule 8 (items 104–108, 160, 161): (y)

Sch. 8 (items 160, 161)

Disability Discrimination and Other Human Rights Legislation Amendment Act 2009

70, 2009

8 July 2009

Schedule 3 (items 71–73): 5 Aug 2009

Territories Law Reform Act 2010

139, 2010

10 Dec 2010

Schedule 1 (item 77): 11 Dec 2010

Human Services Legislation Amendment Act 2011

32, 2011

25 May 2011

Schedule 4 (items 551, 552): 1 July 2011

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (items 981–986) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 3 (items 10, 11)

Remuneration and Other Legislation Amendment Act 2011

75, 2011

25 July 2011

Schedule 1 (items 1–6, 11–16) and Schedule 2 (items 16A–21): 5 Aug 2011 (see F2011L01603)

Sch. 1 (items 12–16) and Sch. 2 (item 21)

Parliamentary Service Amendment (Parliamentary Budget Officer) Act 2011

170, 2011

4 Dec 2011

Schedule 3 (item 5): 15 Feb 2012 (see F2012L00277)

Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012

4, 2012

6 Mar 2012

Schedule 2 (items 4–9): Royal Assent

Statute Law Revision Act 2012

136, 2012

22 Sept 2012

Schedule 1 (item 112): Royal Assent

Fair Work Amendment Act 2012

174, 2012

4 Dec 2012

Schedule 9 (items 1295–1297, 1387, 1388): 1 Jan 2013

Sch. 9 (items 1387, 1388)

Public Service Amendment Act 2013

2, 2013

14 Feb 2013

Schedule 3 (items 16–18): [see Endnote 3]

Financial Framework Legislation Amendment Act (No. 2) 2013

53, 2013

28 May 2013

Schedule 1 (item 7): 29 May 2013

 

Number and year

Gazettal or FRLI registration date

Commencement
date

Application, saving and transitional provisions

1999 No. 301

4 Dec 1999

Schedule 1 (Part 8): 5 Dec 1999

as amended by

 

 

 

2000 No. 332

8 Dec 2000

Schedule 1 (item 2): 5 Dec 1999

2006 No. 50

17 Mar 2006 (see F2006L00820)

Schedule 9: 27 Mar 2006 (see r. 2(b))

as amended by

 

 

 

2006 No. 119

4 June 2006 (see F2006L01673)

Schedule 1 (item 2): 5 June 2006

 

(a)             The Remuneration Tribunal Act 1973 was amended by sections 182 and 183 only of the Defence Force Re‑organization Act 1975, section 2 of which provides as follows:

                      2  This Part shall come into operation on the day on which this Act receives the Royal Assent, and the remaining provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation.

(b)             The Remuneration Tribunal Act 1973 was amended by section 117 only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:

                   (1)  Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(c)              The Remuneration Tribunal Act 1973 was amended by Part XX (sections 255 and 256) only of the Commonwealth Functions (Statutes Review) Act 1981, subsection 2(1) of which provides as follows:

                   (1)  Parts I, IV, IX, X, XI, XII, XIII, XV, XVII (other than sections 220, 221, 222, 223, 225, 226, 227, 228 and 230), XX, XXI, XXII and XXIII shall come into operation on the day on which this Act receives the Royal Assent.

(d)             The Remuneration Tribunal Act 1973 was amended by Part XIX (section 68) only of the Statute Law (Miscellaneous Amendments) Act 1981, subsection 2(12) of which provides as follows:

                 (12)  The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.

(e)              The Remuneration Tribunal Act 1973 was amended by section 95 only of the Public Service Acts Amendment Act 1982, subsection 2(4) of which provides as follows:

                   (4)  The remaining provisions of this Act shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation.

(f)              The Remuneration Tribunal Act 1973 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(1) of which provides as follows:

                   (1)  Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(g)             The Remuneration Tribunal Act 1973 was amended by Part IV (sections 9 and 10) only of the Remuneration and Allowances Amendment Act 1983, subsection 2(1) of which provides as follows:

                   (1)  Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(h)             The Remuneration Tribunal Act 1973 was amended by sections 149, 150, 151(1) and 152(1) only of the Public Service Reform Act 1984, subsections 2(1) and (4) of which provide as follows:

                   (1)  Sections 1, 2, 3, 4 and 7, subsections 29(1) and (3), sections 107 and 108, Parts III and IV and sections 125, 138, 142, 144 and 149 shall come into operation on the day on which this Act receives the Royal Assent.

                   (4)  The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

(j)              The Remuneration Tribunal Act 1973 was amended by section 120 only of the Defence Legislation Amendment Act 1984, subsection 2(2) of which provides as follows:

                   (2)  Section 1, this section and sections 16, 17, 18, 19 and 120 and Part XIV shall come into operation on the day on which this Act receives the Royal Assent.

(k)              The Remuneration Tribunal Act 1973 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

                   (1)  Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(l)              The Remuneration Tribunal Act 1973 was amended by Part VIII (section 60) only of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985, subsection 2(1) of which provides as follows:

                   (1)  Subject to subsections (2) and (3), this Act shall come into operation on the commencing day.

                  Section 3 of the Australian Trade Commission Act 1985 defines “commencing day” as the day fixed by Proclamation for the purposes of subsection 2(2) of that Act.

(m)             The Remuneration Tribunal Act 1973 was amended by section 86 only of the Industrial Relations (Consequential Provisions) Act 1988, subsection 2(2) of which provides as follows:

                   (2)  The remaining provisions of this Act commence on the commencement of section 8 of the Industrial Relations Act 1988.

(n)             The Remuneration Tribunal Act 1973 was amended by section 32 only of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:

                   (3)  The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.

(o)             The Remuneration Tribunal Act 1973 was amended by Part 6 (sections 63 and 64) only of the Community Services and Health Legislation Amendment Act 1989, subsection 2(1) of which provides as follows:

                   (1)  Subject to subsections (2), (3), (4), (5), (6), (7), (8), (9) and (10), this Act commences on the day on which it receives the Royal Assent.

(p)             The Remuneration Tribunal Act 1973 was amended by section 25 only of the Territories Law Reform Act 1992, subsection 2(1) of which provides as follows:

                   (1)  Sections 1, 2, 25 and 26 commence on the day on which this Act receives the Royal Assent.

(q)             The Remuneration Tribunal Act 1973 was amended by section 80 only of the Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993, subsection 2(3)(b) of which provides as follows:

                   (3)  The following provisions commence on 1 July 1994:

                          (b)   Part 28 (other than Subdivision A of Division 2) and Schedules 2 and 3.

(r)              The Remuneration Tribunal Act 1973 was amended by Schedule 2 (item 90) and Schedule 5 (items 135–137) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:

                   (1)  Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

                   (2)  Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

                  Item 90 is taken to have commenced immediately after the commencement of section 9 of the Remuneration Tribunal Act 1974. Section 9 of the Remuneration Tribunal Act 1974 commenced on 16 October 1974.

(s)              The Remuneration Tribunal Act 1973 was amended by Schedule 2 (items 49, 88 and 114) only of the Defence Legislation Amendment Act (No. 1) 1997, subsection 2(1) of which provides as follows:

                   (1)  Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(t)              The Remuneration Tribunal Act 1973 was amended by Schedule 1 (Part 3) only of the Education Legislation Amendment Act 1997, subsections 2(3) and (4) of which provide as follows:

                   (3)  If Part 1 of Schedule 1 does not commence under subsection (2) within 6 months after the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

                   (4)  Parts 2, 3 and 4 of Schedule 1 commence immediately after the commencement of Part 1 of Schedule 1.

                  Part 1 commenced on 1 December 1997.

(u)             The Remuneration Tribunal Act 1973 was amended by Schedule 5 (item 13) only of the Defence Legislation Amendment Act (No. 1) 1999, subsection 2(4) of which provides as follows:

                   (4)  Schedule 5 commences on 1 January 2001.

(v)              The Remuneration Tribunal Act 1973 was amended by Schedule 1 (items 776–781) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                   (1)  In this Act, commencing time means the time when the Public Service Act 1999 commences.

                   (2)  Subject to this section, this Act commences at the commencing time.

(w)             The Remuneration Tribunal Act 1973 was amended by Schedule 3 (items 1 and 56) only of the Australian Security Intelligence Organisation Legislation Amendment Act 1999, subsection 2(2) of which provides as follows:

                   (2)  Subject to subsections (3) to (6), Schedule 3 commences immediately after the commencement of the other Schedules to this Act.

                  The other Schedules commenced on Royal Assent.

(x)              Subsection 2(1) (item 5) of the Dairy Adjustment Levy Termination Act 2008 provides as follows:

                   (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

5.  Schedule 3, item 3

Immediately after the day specified for the purposes of subclause 55(2) of Schedule 2 to the Dairy Produce Act 1986.

31 December 2008 (see F2008L04779)

(y)              Subsection 2(1) (items 24 and 30) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:

                   (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)

Commencement

Date/Details

24.  Schedule 8, items 1 to 130

Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.

1 July 2009

30.  Schedule 8, items 140 to 161

Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.

1 July 2009

 

Endnote 2—Amendment history

This endnote sets out the amendment history of the Remuneration Tribunal Act 1973.

 

ad. = added or inserted    am. = amended    rep. = repealed    rs. = repealed and substituted    exp. = expired or ceased to have effect

Provision affected

How affected

Title....................................

am. No. 80, 1974; No. 160, 1980; No. 87, 1988; No. 122, 1991

Part I

 

Heading to Part I.................

ad. No. 80, 1974

s. 1......................................

am. No. 80, 1974; No. 87, 1988

Part II

 

Heading to Part II................

ad. No. 80, 1974

 

rs. No. 146, 1999

Division 1

 

Heading to Div. 1 of............
Part II

ad. No. 146, 1999

s. 3......................................

am. No. 80, 1974; No. 96, 1975; Nos. 60 and 178, 1978; Nos. 26, 108 and 155, 1979; No. 160, 1980; No. 176, 1981; No. 78, 1982; No. 39, 1983; No. 164, 1984; Nos. 65 and 187, 1985; No. 87, 1988; No. 109, 1988 (as am. by No. 92, 1994); No. 123, 1988; Nos. 152 and 179, 1989; No. 28, 1990; No. 122, 1991 (as am. by No. 52, 1992); Nos. 52 and 104, 1992; No. 109, 1993; No. 43, 1996; Nos. 1 and 66, 1997; Nos. 116 and 161, 1999; No. 1, 2000; No. 27, 2001; SLI 2006 Nos. 50 and 119; No. 125, 2006; No. 150, 2007; No. 54, 2009; No. 139, 2010; Nos. 32, 46 and 75, 2011; Nos. 4 and 174, 2012

ss. 3A–3C...........................

ad. No. 27, 2001

Division 2

 

Heading to Div. 2 of............
Part II

ad. No. 146, 1999

s. 4......................................

am. No. 80, 1974; No. 178, 1978; No. 39, 1983; Nos. 63 and 73, 1984; No. 122, 1991; Nos. 52 and 215, 1992; No. 109, 1993; No. 43, 1996; Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332)

s. 4A...................................

ad. No. 39, 1983

 

am. No. 109, 1993; No. 43, 1996; No. 46, 2011

Note to s. 4A.......................

ad. No. 46, 2011

s. 4B...................................

ad. No. 122, 1991

 

am. No. 109, 1993

s. 5......................................

am. No. 73, 1984; Nos. 87 and 123, 1988; No. 109, 1993; No. 168, 1995; No. 66, 1997; No. 146, 1999; No. 27, 2001; No. 39, 2005; SLI 2006 No. 50; No. 150, 2007; No. 54, 2009; Nos. 75 and 170, 2011; No. 174, 2012

s. 6......................................

am. No. 80, 1974; No. 178, 1978; No. 73, 1984; No. 87, 1988; No. 152, 1989; No. 122, 1991; No. 109, 1993; No. 43, 1996

s. 7......................................

am. No. 80, 1974; No. 178, 1978; No. 160, 1980; No. 74, 1981; Nos. 78 and 111, 1982; Nos. 63 and 73, 1984; No. 87, 1988; Nos. 95, 149, 150 and 152, 1989; No. 122, 1991; No. 104, 1992; No. 109, 1993; Nos. 1 and 92, 1994; Nos. 20 and 168, 1995; No. 43, 1996; No. 120, 1997; No. 146, 1999; Nos. 1 and 22, 2000; No. 27, 2001; No. 127, 2002; No. 32, 2005; SLI 2006 No. 50; No. 32, 2007; Nos. 73 and 123, 2008; No. 54, 2009; No. 75, 2011; Nos. 4, 136 and 174, 2012

s. 7A...................................

ad. No. 78, 1982

 

rep. No. 104, 1992

 

ad. No. 75, 2011

 

am. No. 4, 2012

s. 8......................................

am. No. 80, 1974; No. 160, 1980; No. 111, 1982; No. 128, 1983; No. 63, 1984; No. 87, 1988; No. 122, 1991; No. 168, 1995; No. 43, 1996; Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332); No. 1, 2000

s. 8A...................................

ad. No. 122, 1991

ss. 8B, 8C...........................

ad. No. 109, 1993

 

am. No. 133, 1999; No. 70, 2009

s. 9......................................

am. No. 43, 1996

s. 10....................................

am. No. 109, 1993; No. 43, 1996

s. 11....................................

am. No. 43, 1996

s. 12AA..............................

ad. No. 39, 1983

 

am. No. 123, 1988; No. 43, 1996

Division 3

 

Div. 3 of Part II...................

ad. No. 146, 1999

s. 12A.................................

ad. No. 80, 1974

 

am. No. 136, 1979; No. 61, 1981

 

rep. No. 87, 1988

s. 12B.................................

ad. No. 80, 1974

 

am. No. 178, 1978

 

rep. No. 87, 1988

s. 12C.................................

ad. No. 80, 1974

 

am. No. 178, 1978; No. 136, 1979

 

rep. No. 87, 1988

 

ad. No. 146, 1999

 

am. No. 27, 2001

s. 12D.................................

ad. No. 80, 1974

 

am. No. 178, 1978

 

rs. No. 136, 1979

 

rep. No. 87, 1988

ss. 12DA–12DD.................

ad. No. 136, 1979

 

rep. No. 87, 1988

ss. 12E, 12F........................

ad. No. 80, 1974

 

rep. No. 87, 1988

s. 12G.................................

ad. No. 39, 1983

 

rep. No. 87, 1988

Division 4

 

Div. 4 of Part II...................

ad. No. 75, 2011

s. 13....................................

ad. No. 75, 2011

s. 14....................................

ad. No. 75, 2011

s. 15....................................

ad. No. 75, 2011

s. 16....................................

ad. No. 75, 2011

Part III................................

ad. No. 80, 1974

 

rep. No. 87, 1988

Part IV

 

Heading to Part IV...............

ad. No. 80, 1974

s. 16A.................................

ad. No. 53, 2013

s. 16B.................................

ad. No. 53, 2013

s. 16C.................................

ad. No. 53, 2013

s. 13

 

Renumbered s. 17.........

No. 75, 2011

 

Endnote 3—Uncommenced amendments

This endnote sets out amendments of the Remuneration Tribunal Act 1973 that have not yet commenced.

Medibank Private Sale Act 2006 (No. 160, 2006)

Schedule 3

4  Subsection 3(1) (paragraph (i) of the definition of principal executive office)

Repeal the paragraph.

Public Service Amendment Act 2013 (No. 2, 2013)

Schedule 3

16  Subsection 3(1)

Insert:

Australian Public Service Commissioner means the Australian Public Service Commissioner appointed under the Public Service Act 1999.

17  Subsection 3(1) (definition of Public Service Commissioner)

Repeal the definition.

18  Subsection 14(3)

Before “Public Service Commissioner”, insert “Australian”.

 

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.

 

Endnote 5—Modifications

This endnote sets out modifications of the Remuneration Tribunal Act 1973.

A.C.T. Self‑Government (Consequential Provisions) Regulations (1989 No. 3)

Subsection 3(1):

Insert the following definition:

enactment has the same meaning as in section 3 of the Australian Capital Territory (Self‑Government) Act 1988.

Add “or a corporation established for a public purpose by a law of the Australian Capital Territory” at the end of the definition of public statutory corporation.

Subsection 3(4):

Insert in paragraph (b) “(other than an enactment)” after “Territory”.

Omit paragraph (fb), substitute:

             (fb)     an executive education office;

             (fc)     an office established by, or an appointment made under, an enactment, being an office or appointment, or an office or appointment included in a class of offices or appointments, specified by a Minister within the meaning of the Australian Capital Territory (Self‑Government) Act 1988, by a notice given to the Chairman, to be an office or appointment or a class of offices or appointments to which this Part is to apply;

             (fd)     an appointment, otherwise than under an enactment, made by a Minister within the meaning of the Australian Capital Territory (Self‑Government) Act 1988, being an appointment, or an appointment included in a class of appointments, specified by the Minister, by a notice given to the Chairman, to be an appointment or a class of appointments to which this Part is to apply;

             (fe)     an office or appointment in the service or employment of a public statutory corporation established under an enactment, being an office or appointment that is specified by a Minister within the meaning of the Australian Capital Territory (Self‑Government) Act 1988, by a notice given to the Chairman to be a senior office or senior appointment, as the case may be, in the service or employment of the corporation to which this Part is to apply;

              (ff)     an appointment as a director of an incorporated company limited by guarantee where the interests and rights of the members in or in relation to the company are beneficially owned by the Australian Capital Territory, being an appointment that is specified by a Minister within the meaning of the Australian Capital Territory (Self‑Government) Act 1988, by a notice given to the Chairman, to be an appointment to which this Part is to apply;

             (fg)     an appointment as a director of an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Australian Capital Territory;

             (fh)     an office or appointment in the service or employment of an incorporated company referred to in paragraph (ff) or (fg), being an office or appointment that is specified by a Minister within the meaning of the Australian Capital Territory (Self‑Government) Act 1988, by a notice given to the Chairman, to be a senior office or senior appointment, as the case may be, in the service or employment of the Company to which this Part is to apply.

Omit from paragraph (k) “Commonwealth Teaching Service”, substitute “Australian Capital Territory public service established under subsection 54(1) of the Australian Capital Territory (Self‑Government) Act 1988”.

Omit from paragraph (t) “or (f)”, substitute “(f), (ff) or (fg)”.

Subsection 7(3):

Omit “and to the holders of”, substitute “, the offices of Head of Administration and Associate Head of Administration within the meaning of the Australian Capital Territory (Self‑Government) Act 1988 and”.

Section 7

Add at the end the following subsection:

         “(15)  In spite of the preceding provisions of this section, remuneration or allowances:

                     (a)  payable to a person who holds an office or appointment referred to in subsection 3(3) or paragraph 3(4)(fc), (fd), (fe), (ff), (fg) or (fh); and

                     (b)  to which a determination applies;

may be paid in accordance with the determination out of the public money of the Australian Capital Territory within the meaning of the Australian Capital Territory (Self‑Government) Act 1988.”

Subsection 8(4):

After “1922” insert “or the office of Head of Administration or Associate Head of Administration within the meaning of the Australian Capital Territory (Self‑Government) Act 1988”.