Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the law relating to remuneration of certain office holders, and for related purposes
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Registered 22 Mar 2017
Introduced Senate 21 Mar 2017
Table of contents.

2016‑2017

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Communications Legislation Amendment (Executive Remuneration) Bill 2017

 

No.      , 2017

 

(Senator Hanson)

 

 

 

A Bill for an Act to amend the law relating to remuneration of certain office holders, and for related purposes

  

  


Contents

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

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

3............ Schedules............................................................................................ 2

Schedule 1—Australia Post                                                                                              3

Australian Postal Corporation Act 1989                                                               3

Remuneration Tribunal Act 1973                                                                             3

Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976          4

Schedule 2—NBN Co                                                                                                          5

National Broadband Network Companies Act 2011                                            5

 

 


A Bill for an Act to amend the law relating to remuneration of certain office holders, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Communications Legislation Amendment (Executive Remuneration) Act 2017.

2  Commencement

             (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

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

             (1)  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

             (2)  The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.

Schedule 1Australia Post

  

Australian Postal Corporation Act 1989

1  After section 85

Insert:

85A  Remuneration and allowances

             (1)  The Managing Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Managing Director is to be paid the remuneration that is prescribed.

             (2)  The Managing Director is to be paid the allowances that are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

             (4)  At the commencement of this section, the Minister administering the Remuneration Tribunal Act 1973 is taken to have given the President (within the meaning of that Act) notice in writing under paragraph 3(4)(d) of that Act specifying the office of Managing Director to be a senior office in the service or employment of Australia Post to which Part II of that Act is to apply.

             (5)  The Minister mentioned in subsection (4) must not repeal, rescind or revoke the notice taken to be given under subsection (4).

2  Section 86

Omit “including terms and conditions relating to remuneration and allowances”, substitute “if any”.

Remuneration Tribunal Act 1973

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

Repeal the paragraph.

Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976

4  Schedule 1 (table item 1A)

Repeal the item.

5  Application

(1)       In this item:

current contract means the contract mentioned in subitem (2).

current Managing Director means the person holding the office of Managing Director of Australia Post immediately before the reference time.

reference time means the start of the day on 21 March 2017.

(2)       This item applies if a contract between Australia Post and the current Managing Director in relation to remuneration is in force immediately before the reference time.

(3)       The amendments made by this Schedule do not apply in relation to the current Managing Director until the earliest of the following occurs:

                     (a)  the current contract expires;

                     (b)  the current contract is terminated;

                     (c)  the current contract is varied.

Schedule 2NBN Co

  

National Broadband Network Companies Act 2011

1  After section 96

Insert:

96A  Remuneration Tribunal Act

             (1)  At the start time, the designated Minister is taken to have given the President (within the meaning of the Remuneration Tribunal Act 1973) notice in writing under paragraph 3(4)(f) of that Act specifying the office of chief executive officer of NBN Co to be a senior office in the service or employment of NBN Co to which Part II of that Act is to apply.

Note:          The Remuneration Tribunal is to determine the remuneration to be paid to the chief executive officer of NBN Co: see subsection 7(3) of the Remuneration Tribunal Act 1973.

             (2)  The designated Minister must not repeal, rescind or revoke the notice taken to be given under subsection (1) unless a declaration under subsection 50(2) has taken effect.

             (3)  In this section:

current chief executive officer means the person holding the office of chief executive officer of NBN Co immediately before the reference time.

designated Minister means the Minister administering the Remuneration Tribunal Act 1973.

reference time means the start of the day on 21 March 2017.

start time means:

                     (a)  if, immediately before the reference time, a contract is in force between NBN Co and the current chief executive officer in relation to remuneration—the time at which the earliest of the following occurs:

                              (i)  the current contract expires;

                             (ii)  the current contract is terminated;

                            (iii)  the current contract is varied; or

                     (b)  otherwise—the commencement of this section.