Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Governor-General Act 1974, and for related purposes
Administered by: Prime Minister and Cabinet
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 15 Feb 2019
Introduced HR 14 Feb 2019

2016-2017-2018-2019

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

GOVERNOR-GENERAL AMENDMENT (SALARY) BILL 2019

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Prime Minister, the Hon Scott Morrison MP)


GOVERNOR-GENERAL AMENDMENT (SALARY) BILL 2019

 

 

GENERAL OUTLINE

 

The Governor-General Amendment (Salary) Bill 2019 amends the Governor-General Act 1974 to set the salary for the next Governor-General, His Excellency General the Hon David Hurley AC DSC (Retd), prior to his
swearing-in in June 2019.

 

Section 3 of the Constitution provides that the salary of the Governor-General shall not be altered during their continuance in office. The Bill amends the Governor‑General Act 1974 to change the sum payable for the salary of the Governor-General from $425,000 to $495,000. In line with past practice, the proposed salary was calculated by reference to the estimated average salary of the Chief Justice of the High Court of Australia over the notional five-year term of the appointment of the Governor-General. The salary figure has been reduced to take account of General Hurley’s receiving a Commonwealth‑funded military pension. The amendment will take effect on Royal Assent.

 

 

FINANCIAL IMPACT STATEMENT

 

There will be a financial cost in increasing the Governor-General’s salary. The net financial impact of the new arrangements is unquantifiable as it is not possible to estimate the exact taxation liabilities, which will depend on the individual financial circumstances of the Governor-General. However, the overall impact is expected to be negligible.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Governor-General Amendment (Salary) Bill 2019

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

The Bill proposes an amendment to the Governor-General Act 1974 to set the salary for the next Governor-General, His Excellency General the Hon David Hurley AC DSC (Retd), prior to his swearing-in in June 2019.

The Bill amends the Governor General Act to change the sum payable for the salary of the Governor-General from $425,000 to $495,000.

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

 

The Hon Scott Morrison MP

Prime Minister


NOTES ON CLAUSES

 

Clause 1 – Short title

 

This clause provides for the Act to be cited as the Governor-General Amendment (Salary) Act 2019.

 

Clause 2 – Commencement

 

This clause provides for the Act to commence on Royal Assent.

 

Clause 3 – Schedule(s)

 

This clause provides that an Act specified in the Schedule to this Act is amended or repealed as set out in the Schedule, and that any other item in the Schedule operates according to its terms.

 

PART 1 — SALARY

 

Item 1

 

Section 3 of the Governor-General Act 1974 (the Act) provides that the annual sum payable for the salary of the Governor-General shall be $425,000.

 

Item 1 omits the annual sum of $425,000 and substitutes a new annual sum of $495,000.

 

Item 2

 

Item 2 is a transitional provision to ensure that the amendments do not apply during the continuance in office of the person holding office as Governor‑General immediately before the commencement of this Part.