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Determinations/Remuneration Tribunal as amended, taking into account amendments up to Remuneration Tribunal Amendment Determination (No. 6) 2019
Administered by: Prime Minister and Cabinet
Registered 25 Nov 2019
Start Date 12 Nov 2019

Commonwealth Coat of Arms of Australia

Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2019

made under subsections 7(3) and (4) of the

Remuneration Tribunal Act 1973

Compilation No. 3

Compilation date:                              12 November 2019

Includes amendments up to:            F2019L01435

Registered:                                         25 November 2019

 

About this compilation

This compilation

This is a compilation of the Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2019 that shows the text of the law as amended and in force on 12 November 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

3............ When this instrument takes effect.................................................................................. 1

4............ Authority....................................................................................................................... 1

5............ Determination supersedes previous determination......................................................... 1

7............ Simplified outline of this instrument.............................................................................. 1

8............ Definitions..................................................................................................................... 1

Part 2—General provisions                                                                                                                        4

9............ Fees are gross fees........................................................................................................ 4

10.......... Remuneration packaging............................................................................................... 4

11.......... Other holders of part‑time public office......................................................................... 4

Part 3—Annual fees                                                                                                                                        5

12.......... Simplified outline of this Part........................................................................................ 5

13.......... Application of this Part.................................................................................................. 5

14.......... Payment of annual fees.................................................................................................. 5

15.......... Annual fees................................................................................................................... 5

16.......... Special provisions for certain offices........................................................................... 12

Part 4—Daily fees                                                                                                                                           15

17.......... Simplified outline of this Part...................................................................................... 15

18.......... Application of this Part................................................................................................ 15

19.......... Payment of daily fees.................................................................................................. 15

20.......... Calculation of daily fees.............................................................................................. 16

21.......... Daily fees.................................................................................................................... 16

22.......... Special provisions for certain offices........................................................................... 25

23.......... Specified professional committees............................................................................... 27

Part 5—Annual meeting fees and additional daily fees                                                          28

24.......... Simplified outline of this Part...................................................................................... 28

25.......... Application of this Part................................................................................................ 28

26.......... Payment of annual meeting fees.................................................................................. 28

27.......... Payment of additional daily fees.................................................................................. 29

28.......... Authority business—exclusion................................................................................... 29

29.......... Calculation of additional daily fees.............................................................................. 29

30.......... Annual meeting fees and additional daily fees............................................................. 30

31.......... Special provisions for certain offices........................................................................... 31

Part 6—Base fees and meeting fees                                                                                                     32

32.......... Simplified outline of this Part...................................................................................... 32

33.......... Application of this Part................................................................................................ 32

34.......... Payment of base fees................................................................................................... 32

35.......... Payment of meeting fees.............................................................................................. 33

36.......... Base fees and meeting fees.......................................................................................... 33

37.......... Special provisions for certain offices........................................................................... 34

Part 7—Aboriginal Land Councils fees                                                                                            36

38.......... Simplified outline of this Part...................................................................................... 36

39.......... Application of this Part................................................................................................ 36

40.......... Payment of annual fees................................................................................................ 36

41.......... Payment of daily fees.................................................................................................. 36

42.......... Calculation of daily fees.............................................................................................. 37

43.......... Travel tier.................................................................................................................... 38

44.......... Annual fees................................................................................................................. 38

45.......... Daily fees.................................................................................................................... 38

Part 8—Application and transitional provisions                                                                         40

46.......... Simplified outline of this Part...................................................................................... 40

47.......... Application and transitional provisions—general........................................................ 40

Endnotes                                                                                                                                                               42

Endnote 1—About the endnotes                                                                                                      42

Endnote 2—Abbreviation key                                                                                                          43

Endnote 3—Legislation history                                                                                                       44

Endnote 4—Amendment history                                                                                                     45

 


Part 1Preliminary

  

1  Name

                   This instrument is the Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2019.

3  When this instrument takes effect

                   This instrument takes effect at the start of 1 July 2019.

4  Authority

                   This instrument is made under subsections 7(3) and (4) of the Remuneration Tribunal Act 1973.

5  Determination supersedes previous determination

                   This instrument supersedes the Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2018.

7  Simplified outline of this instrument

This instrument is structured so that Part 2 contains general provisions, and each of Parts 3 to 7 contains the provisions for a specific remuneration model, as follows:

•      Part 3 applies to office holders remunerated by annual fees;

•      Part 4 applies to office holders remunerated by daily fees;

•      Part 5 applies to office holders who are remunerated under an annual meeting fee and additional daily fee model;

•      Part 6 applies to office holders who are remunerated under a base (annual) fee and (daily) meeting fee model;

•      Part 7 applies to offices of the Aboriginal Land Councils.

Also, Part 8 contains application and transitional provisions.

8  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including office and public office.

                   In this instrument:

agency, of an office holder, means:

                     (a)  the agency to which the office holder is attached; or

                     (b)  if the office holder is not attached to an agency—the portfolio Department.

authority is the body or office to which an office holder is appointed.

authority business means any authority business conducted by an office holder with the authority’s approval, but does not include the following:

                     (a)  attendance at a formal meeting;

                     (b)  official travel time on a meeting day;

                     (c)  normal preparation time for a formal meeting (although time spent by the office holder preparing for a formal meeting may be treated as authority business if the Chair considers the time excessive to normal preparation time).

employing authority, in relation to an office holder, means an entity exercising a power or performing a function in relation to the office holder’s employment or remuneration.

fringe benefits tax means fringe benefits tax (within the meaning of the Fringe Benefits Tax Assessment Act 1986 as it applies of its own force or because of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986).

normal preparation time means the time that a member of an authority (including the Chair or a Deputy Chair) ordinarily requires to prepare for a meeting of the authority. It can occur on either a day of a meeting or on another day.

office holder means the holder of a part‑time public office.

official travel determination means the Remuneration Tribunal (Official Travel) Determination 2019 (or any determination that supersedes that determination).

official travel time is the reasonable period, certified by a Chair, that an office holder spends travelling on official business away from the town or city in which the office holder’s principal place of residence is located. It does not include time spent travelling between an office holder’s home and principal place of work. The Chair may consider agency travel guidelines (if any) when determining the reasonable period.

specified professional committee means a professional committee specified in Table 4C.

Table 2A means the table of daily fees in section 11.

Table 3A means the table of annual fees in section 15.

Table 3B means the table of special provisions for certain offices in section 16.

Table 4A means the table of daily fees in section 21.

Table 4B means the table of special provisions for certain offices in section 22.

Table 4C means the table of specified professional committees in section 23.

Table 5A means the table of annual meeting fees and additional daily fees in section 30.

Table 5B means the table of special provisions for certain offices in section 31.

Table 6A means the table of base fees and meeting fees in section 36.

Table 6B means the table of special provisions for certain offices in section 37.

Table 7A means the table of annual fees for holders of public offices in Aboriginal Land Councils in section 44.

Table 7B means the table of daily fees for holders of public offices in Aboriginal Land Councils in section 45.

Table 8A means the table of application and transitional provisions in section 47.

Part 2General provisions

  

9  Fees are gross fees

                   Fees set out in this instrument are gross fees, and no additional amount is payable by the employing authority to meet any taxation obligations.

10  Remuneration packaging

             (1)  An employing authority may provide access to remuneration packaging to office holders.

             (2)  An office holder may elect to take the fees and allowances payable under this instrument either as a cash payment, or a combination of a cash payment and other benefits.

             (3)  An election made in accordance with subsection (2) must be consistent with:

                     (a)  applicable agency policies and procedures on remuneration packaging; and

                     (b)  relevant taxation laws, rulings and guidelines issued by the Australian Taxation Office.

             (4)  Remuneration packaging must be administered without additional cost to the employing authority and any fringe benefits tax associated with a benefit must be included in the remuneration package.

11  Other holders of part‑time public office

             (1)  The following daily fees apply to offices that are not specified in Part 3, 4, 5, 6 or 7.

 

Table 2A—Other office holders

Column 1

Kind of office

Column 2

Daily fee

Chair

$556

Member

$418

 

             (2)  Fees set out in subsection (1) are to be paid in accordance with Part 4.

             (3)  For the purposes of the official travel determination, travel tier 2 applies to an office holder whose fees are set out in subsection (1).

Note:          This instrument applies only to offices that are public offices (see the definition of public office in subsection 3(4) of the Act).

Part 3Annual fees

  

12  Simplified outline of this Part

This Part applies to office holders who receive an annual fee. It sets out the way fees are paid and the activities covered by the fee. Table 3A sets out the following:

•      the individual public offices remunerated by annual fees;

•      the fees payable to Chairs, Deputy Chairs and Members (where applicable);

•      any additional provisions or conditions that apply to the office;

•      the travel tier for the office.

13  Application of this Part

                   This Part applies to office holders whose annual fees are set out in Table 3A.

14  Payment of annual fees

             (1)  The annual fees set out in Table 3A are payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The annual fee covers all activities undertaken by the office holder in performing the duties of their office.

Reduction for lengthy absence

             (2)  The annual fee is proportionally reduced where an office holder is unavailable to perform the duties of their office for a period of more than 3 months, except to the extent that a reduction would be inconsistent with the terms of the office holder’s appointment.

15  Annual fees

                   The following table (Table 3A) sets out, for each office holder or authority in column 1:

                     (a)  if column 1 specifies an office holder—the annual fee for the office holder; and

                     (b)  if column 1 specifies an authority—the annual fee for one or more of the following office holders in relation to the authority:

                              (i)  the Chair;

                             (ii)  a Deputy Chair;

                            (iii)  a member other than the Chair or a Deputy Chair; and

                     (c)  the special provisions (if any) of this instrument that apply to the office holder or office holders; and

                     (d)  the travel tier that applies to the office holder or office holders for the purposes of the official travel determination.

Note:          Some authorities specified in column 1 have office holders who receive daily fees under Part 4, who are not covered by this instrument because they hold office on a full‑time basis, or who do not receive fees.

 

Table 3A—Annual fees

Column 1

Office or authority

Column 2

Chair

Column 3

Deputy Chair

Column 4

Member

Column 5

Special provisions

Column 6

Travel tier

NBN Co Limited

$226,930

$182,710

$113,520

 

1

Snowy Hydro Limited

$226,930

 

$113,470

Table 3B, item 1

1

Future Fund

$214,670

 

$107,340

 

1

Commonwealth Grants Commission

$211,080

 

$111,740

 

1

Australia Post

$193,710

$108,100

$96,890

Table 3B, items 1, 6 and 6A

1

Australian Broadcasting Corporation

$178,190

$87,970

$58,670

 

1

Airservices Australia

$166,290

$124,720

$83,150

 

1

ASC Pty Ltd

$166,290

 

$77,620

Table 3B, items 2 and 7

1

Australian Rail Track Corporation

$166,290

 

$83,150

Table 3B, item 2

1

Independent National Security Legislation Monitor

$166,290

 

 

 

1

WSA Co Limited

$166,290

$124,720

$83,150

Table 3B, items 2 and 8

1

Commonwealth Scientific and Industrial Research Organisation

$140,820

$70,410

$70,410

Table 3B, items 2, 22 and 23

1

Commonwealth Superannuation Corporation

$140,820

 

$67,360

Table 3B, items 2 and 4

See Table 3B, item 4

National Disability Insurance Scheme Launch Transition Agency

$140,820

 

$70,410

Table 3B, items 2 and 9

1

Northern Australia Infrastructure Facility

$119,890

 

$59,600

Table 3B, items 2 and 10

1

Australian Digital Health Agency Board

$119,180

 

$59,590

Table 3B, item 11

1

Australian Maritime Safety Authority

$119,180

$89,390

$59,590

Table 3B, item 2

1

Australian Naval Infrastructure Pty Ltd

$119,180

 

$59,590

Table 3B, item 2

1

Board of Taxation

$119,180

 

$59,590

 

1

Civil Aviation Safety Authority Board

$119,180

$89,390

$59,590

Table 3B, item 2

1

Defence Housing Australia

$119,180

 

$59,590

Table 3B, item 2

1

Export Finance and Insurance Corporation

$119,180

$89,390

$59,590

Table 3B, item 2

1

Infrastructure Australia

$119,180

 

$59,590

 

1

Moorebank Intermodal Company Limited

$119,180

$95,350

$59,590

 

1

Murray‑Darling Basin Authority

$119,180

 

$71,510

 

1

Australian Curriculum Assessment and Reporting Authority

$110,860

$83,150

Daily fee

Table 3B, item 5

See Table 3B, item 5

Clean Energy Finance Corporation

$110,860

 

$55,430

 

1

Foreign Investment Review Board

$110,860

 

$55,430

Table 3B, item 12

1

National Health and Medical Research Council

$110,860

 

$27,720

Table 3B, item 4

See Table 3B, item 4

National Housing Finance and Investment Corporation

$110,860

 

$55,430

Table 3B, item 2

2

Special Broadcasting Service

$110,860

$83,150

$44,350

 

1

Tax Practitioners Board

$110,860

 

Daily fee

 

1

Australian Institute for Teaching and School Leadership Ltd

$102,560

$76,920

Daily fee

Table 3B, item 5

See Table 3B, item 5

Australian Nuclear Science and Technology Organisation Board

$102,560

$76,920

$51,280

Table 3B, item 2

1

Financial Reporting Council

$102,560

 

Daily fee

 

1

Innovation and Science Australia Board

$102,560

 

$46,160

Table 3B, items 4 and 13

See Table 3B, item 4

Tourism Australia

$102,560

$76,920

$51,280

Table 3B, item 2

1

Australian Sports Commission

$94,240

$70,680

$47,120

Table 3B, items 2 and 14

1

Great Barrier Reef Marine Park Authority

$94,240

 

$47,120

 

2

Safety, Rehabilitation and Compensation Commission

$94,240

 

$42,410

 

1

Food Standards Australia New Zealand

$85,920

 

$42,960

Table 3B, item 3

1

Independent Hospital Pricing Authority

$85,920

$31,850

$31,850

 

2

International Air Services Commission

$85,920

 

$42,960

 

1

Medical Services Advisory Committee

$85,920

 

Daily fee

 

1

National Health and Medical Research Council—Research Committee

$85,920

 

 

 

2

Prostheses List Advisory Committee

$85,920

 

 

 

1

Regional Investment Corporation Board

$85,920

 

$42,960

Table 3B, item 2

2

Aboriginal Hostels Limited

$77,620

 

$38,810

 

2

Australian Commission on Safety and Quality in Health Care

$77,620

 

$25,850

 

2

Australian Electoral Commission

$77,620

 

 

 

1

Australian Fisheries Management Authority Commission

$77,620

$38,810

$38,810

 

1

Australian Hearing Services

$77,620

 

$34,930

Table 3B, items 2 and 15

1

Australian Heritage Council

$77,620

 

$34,930

 

1

Australian Heritage Council—Associate Member

 

 

$34,930

 

1

Australian Institute of Health and Welfare

$77,620

$38,810

$38,810

 

2

Australian Organ and Tissue Donation and Transplantation Authority

$77,620

 

$25,850

 

2

Grains Research and Development Corporation

$77,620

 

$38,810

Table 3B, item 2

1

Independent Parliamentary Expenses Authority

$77,620

 

$38,810

 

2

Indigenous Business Australia

$77,620

$58,220

$38,810

Table 3B, items 2 and 16

1

Indigenous Land and Sea Corporation

$77,620

$58,220

$38,810

Table 3B, item 2

1

National School Resourcing Board

$77,620

$58,220

 

 

2

Outback Stores Pty Ltd

$77,620

 

$38,810

 

2

Prime Minister’s Indigenous Advisory Council

$77,620

 

Daily fee

 

2

Referendum Council, Co‑Chair

$77,620

 

Daily fee

 

2

Wine Australia

$77,620

$38,810

$38,810

Table 8A, item 1

2

Cancer Australia Advisory Council

$69,290

 

$34,650

Table 3B, item 17

2

National Health and Medical Research Council—All other Principal Committees

$69,290

 

 

 

2

National Health and Medical Research Council—Australian Health Ethics Committee

$69,290

 

 

 

2

National Offshore Petroleum Safety and Environmental Management Authority Board

$69,290

 

$34,650

 

1

Army and Air Force Canteen Service (AAFCANS)

$60,980

 

$30,490

Table 3B, item 2

2

Australia Council

$60,980

$45,740

$33,540

Table 3B, item 3

1

Climate Change Authority

$60,980

 

$30,490

Table 3B, item 18

2

Fisheries Research and Development Corporation

$60,980

 

$36,590

 

1

National Capital Authority

$60,980

 

$24,400

 

1

National Rural Advisory Council

$60,980

 

$33,540

 

1

Rural Industries Research and Development Corporation

$60,980

 

$36,590

Table 3B, item 3

1

Safe Work Australia

$60,980

 

 

 

2

Screen Australia

$60,980

$45,740

$33,540

Table 3B, item 3

1

Australian Film Television and Radio School—Council

$52,680

 

$26,340

Table 3B, items 2 and 19

2

Australian Institute of Marine Science Council

$52,680

 

$26,340

Table 3B, item 3

2

Australian War Memorial Council

$52,680

 

$26,340

Table 3B, item 24

2

Cotton Research and Development Corporation

$52,680

 

$26,340

 

2

National Gallery of Australia Council

$52,680

$39,510

$26,340

 

2

Radiation Health and Safety Advisory Council

$52,680

 

 

 

2

Sydney Harbour Federation Trust

$52,680

 

$26,340

Table 3B, item 2

2

Australian National Maritime Museum Council

$44,350

 

$22,180

 

2

Fishing Industry Policy Council

$44,350

 

 

 

2

National Film and Sound Archive

$44,350

$22,180

$22,180

 

2

National Library of Australia Council

$44,350

$33,270

$22,180

 

2

National Museum of Australia Council

$44,350

 

$22,180

 

2

National Portrait Gallery of Australia

$44,350

$22,180

$22,180

 

2

Old Parliament House Board

$44,350

$22,180

$22,180

 

2

Australia Business Arts Foundation

$36,040

$27,030

$18,020

 

1

Australian Institute of Health and Welfare—Ethics Committee

$36,040

 

 

 

2

Australian Pesticides & Veterinary Medicines Authority—Advisory Board

$36,040

 

Daily fee

 

2

Australian Sports Drug Medical Advisory Committee

$36,040

 

$25,230

 

2

Australian Statistics Advisory Council

$36,040

 

 

Table 3B, item 4

See Table 3B, item 4

Classification Review Board

$36,040

Daily fee

Daily fee

 

2

Defence Reserves Support Council National Executive

$36,040

 

$30,640

 

2

Defence Strategic Reform Advisory Board

$36,040

 

$25,230

 

1

Public Lending Right Committee

$36,040

 

 

 

2

Asbestos Safety and Eradication Agency

$27,740

 

Daily fee

 

2

Innovation and Science Australia Committee

$19,420

 

$11,660

Table 3B, item 13

2

Reserve Bank of Australia

Full‑time

 

$77,620

Table 3B, item 1

1

Australian Transport Safety Bureau Commission, Commissioner

 

 

$60,980

 

1

Payments System Board

Full‑time

 

$60,980

 

1

Pharmaceutical Benefits Advisory Committee

Full‑time

 

$55,440

Table 3B, item 21

1

Clean Energy Regulator

Full‑time

 

$55,430

 

1

Australian Sports Anti‑Doping Authority

Full‑time

$39,650

$36,040

 

2

 

16  Special provisions for certain offices

                   The provisions in column 2 of the following table (Table 3B) apply for the purposes of paragraph 15(c).

 

Table 3B—Special provisions for certain offices

Item

Column 1

Description

Column 2

Special provision

1

Audit fees

A member (other than the Chair or Deputy Chair) who is also appointed to an Audit Committee (however named) is entitled to additional fees as follows:

(a) for the Chair of the Audit Committee—$22,430 per year;

(b) for a member of the Audit Committee—$11,220 per year.

2

Audit fees

A member (other than the Chair or Deputy Chair) who is also appointed to an Audit Committee (however named) is entitled to additional fees as follows:

(a) for the Chair of the Audit Committee—$16,320 per year;

(b) for a member of the Audit Committee—$8,160 per year.

3

Audit fees

A member (other than the Chair or Deputy Chair) who is also appointed to an Audit Committee (however named) is entitled to additional fees as follows:

(a) for the Chair of the Audit Committee—$9,880 per year;

(b) for a member of the Audit Committee—$4,940 per year.

4

Travel tier

The Chair is entitled to tier 1 travel arrangements. Other members or directors are entitled to tier 2 travel arrangements.

5

Travel tier

The Chair and Deputy Chair are entitled to tier 1 travel arrangements. Other members or directors are entitled to tier 2 travel arrangements.

6

Australia Post

A member (other than the Chair or Deputy Chair) who is also appointed to the People, Safety and Culture Sub‑committee is entitled to additional fees as follows:

(a) for the Chair of the People, Safety and Culture Sub‑committee—$19,110 per year;

(b) for a member of the People, Safety and Culture Sub‑committee—$9,560 per year.

6A

Australia Post—Deputy Chair

On and after 1 July 2019, the Deputy Chair is entitled to additional fees as follows:

(a) if the Deputy Chair is also appointed as Chair of the Audit and Risk Committee—$22,430 per year;

(b) if the Deputy Chair is also appointed as a member of the Audit and Risk Committee—$11,220 per year.

7

ASC Pty Ltd

A member (other than the Chair) who is also appointed to the Business Assurance and Security Committee (the BAS Committee) is entitled to additional fees as follows:

(a) for the Chair of the BAS Committee—$15,670 per year;

(b) for a member of the BAS Committee—$7,840 per year.

8

WSA Co Limited

A member (other than the Chair or Deputy Chair) who chairs any of the following sub‑committees is entitled to an additional fee of $16,320 per year:

(a) the People, Remuneration and Nominations Committee;

(b) the Design and Construction Committee;

(c) the Safety, Health, Risk, Environment and Community Committee.

This item applies until the end of 21 October 2020.

9

National Disability Insurance Scheme Launch Transition Agency

A member (other than the Chair) who is also appointed to the Sustainability Committee is entitled to additional fees as follows:

(a) for the Chair of the Sustainability Committee—$12,210 per year;

(b) for a member of the Sustainability Committee—$6,110 per year.

10

Northern Australia Infrastructure Facility

Mr Barry Coulter is to receive an annual member fee of $46,530 instead of the amount in column 4 of Table 3A.

11

Australian Digital Health Agency Board

A member (other than the Chair) who is also appointed to chair a Standing Advisory Committee is entitled to an additional fee of $10,620 per year.

12

Foreign Investment Review Board

While the Hon Cheryl Edwardes occupies the office of Member she is to receive an annual fee of $44,440 instead of the amount in column 4 of Table 3A.

13

Innovation and Science Australia Board

The Chair and Members of the Innovation and Science Australia Board are to receive remuneration for only one committee.

14

Australian Sports Commission

The Hon Hugh Delahunty is to receive, while he occupies the office of member, an annual fee of $40,280 instead of the amount in column 4 of Table 3A.

15

Australian Hearing Services

While Dr Peta Seaton occupies the office of Chair she is to receive an annual fee of $55,520 instead of the amount in column 2 of Table 3A.

16

Indigenous Business Australia

A member (other than the Chair or Deputy Chair) who is also appointed to the Finance, Investment and Products Committee is entitled to additional fees as follows:

(a) for the Chair of the Finance, Investment and Products Committee—$12,210 per year;

(b) for a member of the Finance, Investment and Products Committee—$6,110 per year.

17

Cancer Australia Advisory Council

The Hon Jillian Skinner is to receive an annual member fee of $34,040 instead of the amount in column 4 of Table 3A.

18

Climate Change Authority

The Chair and Members of the Climate Change Authority appointed prior to 12 February 2018 are to be paid in accordance with Part 6, instead of this Part, for the duration of each office holder’s current term of appointment.

19

Australian Film Television and Radio School—Council

A member (other than the Chair) who is also appointed Chair of the Academic Board is entitled to an additional fee of $12,210 per year.

21

Pharmaceutical Benefits Advisory Committee (PBAC)

A member (other than the Chair or Deputy Chair) who is a PBAC Executive sub‑committee member is entitled to an additional fee of $10,740 per year.

22

Commonwealth Scientific and Industrial Research Organisation—committees

On and after 21 October 2019, a member (other than the Chair or Deputy Chair) who chairs either of the following committees is entitled to an additional fee of $12,000 per year:

(a) the People and Safety Committee;

(b) the Science Excellence Committee.

23

Commonwealth Scientific and Industrial Research Organisation—Deputy Chair

During the period beginning on 21 October 2019 and ending on 27 June 2020, Ms Shirley In’t Veld, while she occupies the office of Deputy Chair, is to receive an annual fee of $105,620 instead of the amount in column 3 of Table 3A.

24

Australian War Memorial Council

During the period beginning on 21 October 2019 and ending on 30 June 2028:

(a) the Chair of the Australian War Memorial Council is entitled to an additional fee of $30,000 per year; and

(b) other members of the Australian War Memorial Council are entitled to an additional fee of $15,000 per year.

 

Part 4Daily fees

  

17  Simplified outline of this Part

This Part applies to office holders who receive a daily fee. It sets out the conditions that must be met for payment of fees, including certification of hours and minimum claim and maximum payment arrangements. Table 4A identifies the following:

•      the individual public offices remunerated by daily fees;

•      the fees payable to Chairs, Deputy Chairs and Members (where applicable);

•      any additional provisions or conditions that apply to the office;

•      the travel tier for the office.

This Part also applies to office holders whose daily fees are set out in Table 2A.

18  Application of this Part

                   This Part applies to:

                     (a)  office holders whose daily fees are set out in Table 2A; and

                     (b)  office holders whose daily fees are set out in Table 4A.

19  Payment of daily fees

             (1)  The daily fees set out in Tables 2A and 4A are payable in accordance with this Part.

Certification of time

             (2)  For an office holder other than the Chair, daily fees may only be paid after the Chair certifies the total time claimed by the office holder, including any official travel time.

             (3)  However, if the Chair is absent from a meeting, the office holder’s daily fees which relate to that meeting may only be paid after the nominated presiding officer for the meeting certifies the total time claimed by the office holder for the day or days to which those fees relate.

             (4)  For the Chair, daily fees may only be paid after the total time claimed by the Chair is certified in accordance with the terms set out in the Chair’s appointment or under governance arrangements approved by the responsible portfolio minister or employing authority.

Maximum payment

             (5)  The maximum payable for any one day is one daily fee.

Minimum claim

             (6)  Unless the employing authority determines otherwise, the minimum amount that may be claimed for payment at any one time is one daily fee.

20  Calculation of daily fees

Meeting days

             (1)  The amount of a daily fee paid to an office holder for a meeting day is:

                     (a)  if the office holder’s qualifying meeting day time is less than 2 hours—40% of the daily fee; or

                     (b)  if the office holder’s qualifying meeting day time is at least 2 hours and less than 3 hours—60% of the daily fee; or

                     (c)  otherwise—100% of the daily fee.

             (2)  For the purposes of subsection (1), qualifying meeting day time is time that an office holder spends on a meeting day:

                     (a)  attending a formal meeting; or

                     (b)  on authority business; or

                     (c)  on official travel time.

Non‑meeting days

             (3)  The amount of a daily fee paid to an office holder for a non‑meeting day is 20% of the daily fee set out in Table 4A for each hour, to a maximum of 5 hours per day, that the office holder spends:

                     (a)  on authority business; or

                     (b)  on official travel time.

Note:          Normal preparation time must not be taken into account in working out fees under this section (see paragraph (c) of the definition of authority business in section 8).

21  Daily fees

                   The following table (Table 4A) sets out, for each office or authority in column 1:

                     (a)  if column 1 specifies an office—the daily fee for the office holder; and

                     (b)  if column 1 specifies an authority—the daily fee for each of the following office holders in relation to the authority:

                              (i)  the Chair;

                             (ii)  a Deputy Chair;

                            (iii)  a member other than the Chair or a Deputy Chair; and

                     (c)  the special provisions (if any) of this instrument that apply to the office holder or office holders; and

                     (d)  the travel tier that applies to the office holder or office holders for the purposes of the official travel determination.

Note:          Some offices or authorities specified in column 1 have office holders who receive annual fees under Part 3 or annual meeting fees under Part 5, who are not covered by this instrument because they hold office on a full‑time basis, or who do not receive fees.

 

Table 4A—Daily fees

Column 1

Office or authority

Column 2

Chair

Column 3

Deputy Chair

Column 4

Member

Column 5

Special provisions

Column 6

Travel tier

Companies Auditors Disciplinary Board

$1,499

$1,350

$1,200

 

1

Professional Services Review—Committees

$1,499

 

$1,350

 

1

Professional Services Review—Determining Authority

See Part 6

 

$1,350

Table 4B, item 1

1

Australian Medical Research Advisory Board

$1,333

 

$1,066

 

1

Australian Renewable Energy Agency

$1,333

 

$1,066

 

2

Health and Hospitals Fund Advisory Board

$1,333

 

$1,066

 

1

Inspector‑General of Biosecurity

$1,333

 

 

Table 4B, item 2

2

Specialist Medical Review Council—Convenor or Councillor

$1,333

 

$1,066

Table 4B, item 3

1

Administrative Review Council

$1,166

 

$934

 

1

Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)

$1,166

 

$876

 

2

Australian Organ and Tissue Donation and Transplantation Authority—Vigilance and Surveillance Expert Advisory Committee

$1,166

 

$876

 

1

Defence Honours and Awards Appeals Tribunal

$1,166

 

$876

 

2

Emissions Reduction Assurance Committee

$1,166

 

$876

 

2

Family Law Council

$1,166

 

$934

 

1

Gene Technology Ethics and Community Consultative Committee

$1,166

 

$876

Table 4B, item 4

1

Gene Technology Technical Advisory Committee

$1,166

 

$876

Table 4B, item 4

1

Hazardous Waste Technical Group

$1,166

 

$876

 

2

Innovation and Science Australia Committee—Non‑Board Member

$1,166

 

$1,166

 

2

National Disability Insurance Scheme Launch Transition Agency—Advisory Council

$1,166

 

$876

 

2

National Mental Health Commission (Chair or Commissioner)

$1,166

 

$876

 

2

National Transport Commission

$1,166

 

$1,050

 

1

Repatriation Medical Authority

$1,166

 

$1,050

Table 4B, item 5

1

Scientific Advisory Group (Biosecurity)

$1,166

 

$1,050

 

2

Seafarers Safety, Rehabilitation and Compensation Authority

$1,166

$1,073

 

 

1

Specified professional committees (see Table 4C)

$1,166

 

$876

 

1

Tertiary Education Quality and Standards Agency—Chief Commissioner and Commissioners

$1,166

 

$876

 

2

Threatened Species Scientific Committee

$1,166

 

$778

 

1

Trans‑Tasman IP Attorneys Board

$1,166

 

$876

 

2

Trans‑Tasman IP Attorneys Disciplinary Tribunal

$1,166

 

$876

 

2

Tuition Protection Service Advisory Board

$1,166

 

$584

 

2

Aged Care Quality and Safety Advisory Council

$1,000

 

$801

 

2

Ambassador for Women and Girls

$1,000

 

 

 

2

Australia Council, Sector Strategy Panels

$1,000

 

$801

 

2

Australian Community Pharmacy Authority

$1,000

 

$801

 

2

Australian National Council on Drugs

$1,000

$900

$801

 

2

Commission for International Agricultural Research

$1,000

 

$750

 

2

Disability Standards Review Panel

$1,000

 

$502

 

2

Fisheries Research and Development Corporation Selection Committees

$1,000

 

 

 

1

Fuel Standards Consultative Committee

$1,000

 

$668

 

2

Indigenous Advisory Committee established by the Environment Protection and Biodiversity Conservation Act 1999

$1,000

 

$668

 

2

Land Sector Carbon and Biodiversity Board

$1,000

 

$900

 

2

Ministerial Council on Asylum Seekers and Detention

$1,000

 

$900

 

2

National Blood Authority

$1,000

 

$750

 

1

National Faster Rail Agency—Expert Panel

$1,000

 

$850

Table 8A, item 2

2

Regional Telecommunications Independent Review Committee

$1,000

 

$801

 

2

Selection Committees for Research and Development Corporations

$1,000

 

 

Table 4B, item 6

1

Special Envoy for Human Rights

$1,000

 

 

 

2

Wine Australia Selection Committee

$1,000

 

 

 

2

Veterans’ Review Board (Senior Member or Member)

$949

 

$813

 

2

Australian Strategic Policy Institute

$890

 

$712

 

2

Future Drought Fund Consultative Committee

$890

 

$801

Table 8A, item 3

2

Geographical Indications Committee

$890

 

$801

 

2

Prime Ministerial Advisory Council on Veterans’ Mental Health

$890

 

No fee

 

2

ABC Advisory Council

$778

 

$701

 

2

Anti‑Doping Rule Violation Panel

$778

 

$701

 

2

Coal Mining Industry (Long Service Leave Funding) Corporation

$778

$584

$584

 

2

Committees of Research and Development Corporations

$778

 

$701

Table 4B, item 7

2

Defence Industry Study Course

$778

 

 

 

2

Editorial Advisory Board

$778

 

 

Table 4B, item 8

2

Higher Education Standards Panel

$778

 

$701

 

2

Management Advisory Committees, Australian Fisheries Management Authority

$778

 

$584

 

2

National Archives of Australia Advisory Council

$778

 

$701

 

2

National Customs Brokers Licensing Advisory Committee

$778

 

$701

 

2

Religious Advisory Committee to the Services

$778

 

$778

 

2

Statutory Fishing Rights Allocation Review Panel

$778

 

$701

 

2

Aboriginals Benefit Account Advisory Committee

$668

 

$502

 

2

APS Reconsideration Committee

$668

 

$602

 

2

Australian Sports Anti‑Doping Authority—Advisory Group

$668

 

$502

 

2

CSIRO Advisory Committees

$668

 

$502

 

2

Defence Force Case Assessment Panel

$668

 

$602

 

2

Kakadu Board of Management

$668

 

$502

 

2

Land Sector Carbon and Biodiversity Board—Committees

$668

 

$502

 

2

Military Superannuation and Benefits Scheme Reconsideration Committee

$668

 

$602

 

2

National Health and Medical Research Council—Commissioner of Complaints

$668

 

 

 

2

Uluru‑Kata Tjuta Board of Management

$668

 

$502

 

2

Booderee Board of Management

$556

 

$419

 

2

Defence Families of Australia—National Convenor

$556

 

 

 

3

Defence Reserves Support Council—State and Territory Chairs

$556

 

 

 

2

Defence Families of Australia—National Communications Officer

 

 

$419

 

3

Defence Families of Australia—National Delegates

 

 

$419

 

3

Defence Families of Australia—National Policy Officer

 

 

$419

 

3

Ministerial Advisory Committee on Blood Borne Viruses and Sexually Transmissible Infections

$556

 

$419

Table 4B, item 9

2

Regional and Small Publishers Jobs and Innovation Fund Advisory Committee

$556

 

$419

 

2

Examiner, Australian Criminal Intelligence Commission

 

 

$1,499

Table 4B, item 10

1

Australian Energy Regulator

 

 

$1,278

 

1

Registration and Disciplinary Committees (Bankruptcy Practitioners)

 

 

$1,200

 

1

Registration and Disciplinary Committees (Corporate Insolvency Practitioners)

 

 

$1,200

 

1

Australian Communications and Media Authority—Associate Member

 

 

$1,110

 

1

Australian Competition and Consumer Commission—Associate Member

 

 

$1,110

Table 4B, item 11

1

Australian Curriculum Assessment and Reporting Authority

Annual fee

Annual fee

$1,110

 

2

Australian Institute for Teaching and School Leadership Ltd

Annual fee

Annual fee

$1,110

 

2

Fair Work Commission Expert Panel Member

 

 

$1,110

Table 4B, item 12

1

National Science and Technology Council

 

 

$1,110

 

1

Tax Practitioners Board—Member

 

 

$1,110

 

2

Auditing and Assurance Standards Board

 

 

$1,066

 

1

Australian Accounting Standards Board

 

 

$1,066

 

1

Financial Reporting Council

Annual fee

 

$1,066

 

1

Administrative Appeals Tribunal (former Migration Review Tribunal (MRT) Member)

 

 

$945

Table 4B, item 13

2

Administrative Appeals Tribunal (former Refugee Review Tribunal (RRT) Member)

 

 

$945

Table 4B, item 13

2

Anti‑Doping Research Program Panel

 

 

$945

 

1

Classification Review Board

Annual fee

$974

$945

Table 4B, item 14

2

Defence Force Advocate

 

 

$945

Table 4B, item 15

1

Defence Force Remuneration Tribunal

 

 

$945

 

1

Pharmaceutical Benefits Remuneration Tribunal

 

 

$945

 

1

Productivity Commission, Associate Commissioner

 

 

$945

 

1

Superannuation Complaints Tribunal

Full‑time

 

$945

Table 4B, item 16

2

Australian Sports Drug Medical Advisory Committee—Review Members

 

 

$876

 

2

Australian Technical Advisory Group on Immunisation

Annual meeting fee

 

$876

Table 8A, item 4

1

Financial Adviser Standards and Ethics Authority, Director

 

 

$876

 

1

Climate Change Authority Associate Member

 

 

$876

Table 4B, item 17

2

Australian Digital Health Agency—Standing Advisory Committees

Annual fee

 

$833

 

2

Australian National Maritime Museum—Committee (non‑Board member)

 

 

$833

 

2

Australian Pesticides & Veterinary Medicines Authority—Advisory Board

Annual fee

 

$833

 

2

Medical Services Advisory Committee

Annual fee

 

$833

 

1

Tax Practitioners Board—Committee Member

 

 

$833

 

2

National School Resourcing Board

Annual fee

Annual fee

$801

 

2

Prime Minister’s Indigenous Advisory Council

Annual fee

 

$801

 

2

Referendum Council

Annual fee

 

$801

 

2

Australian Institute of Health and Welfare, Ethics Committee

Annual fee

 

$801

 

2

Australia Council, Peer Assessment Panel Members

 

 

$750

 

2

National Rural Advisory Council—Specialist Committees

 

 

$723

 

2

Asbestos Safety and Eradication Council

Annual fee

 

$668

 

2

AIATSIS Research Advisory Committee

 

 

$502

 

2

Medical Training Review Panel

 

 

$502

 

2

Torres Strait Regional Authority

 

$677

$502

Table 4B, item 18

2

Torres Strait Regional Authority Member Advisory Committee

 

 

$502

Table 4B, item 18

2

Australian Bravery Decorations Council

No fee

 

No fee

 

1

Council for the Order of Australia

No fee

 

No fee

 

1

Military Rehabilitation and Compensation Commission

No fee

 

No fee

Table 4B, item 19

2

 

22  Special provisions for certain offices

                   The provisions in column 2 of the following table (Table 4B) apply for the purposes of paragraph 21(c).

 

Table 4B—Special provisions for certain offices

Item

Column 1

Office

Column 2

Special provision

1

Professional Services Review—Determining Authority

The following are to be paid in accordance with Part 6 instead of this Part:

(a) the Chair;

(b) the non‑practitioner member mentioned in paragraph 106ZPA(1)(b) of the Health Insurance Act 1973;

(c) until the end of 29 May 2020—Associate Professor Aniello Iannuzzi (as a member mentioned in paragraph 106ZPA(1)(c) of that Act).

2

Inspector‑General of Biosecurity

The daily fee is capped at 175 days per year.

3

Specialist Medical Review Council

In addition to the relevant daily fee, the Convenor is to receive a retainer of $29,500 per year. A councillor who is appointed as a presiding councillor under subsection 196ZK(3) of the Veterans’ Entitlements Act 1986 is to receive a retainer of $19,910 per year in addition to the relevant daily fee.

4

Gene Technology Committees

An Expert Advisor appointed to either the Gene Technology Technical Advisory Committee or the Gene Technology Ethics and Community Consultative Committee is to receive $876 per day and is entitled to Tier 1 Travel.

5

Repatriation Medical Authority

In addition to the relevant daily fee, retainers of $58,910 per year for the Chair and $39,280 per year for Members are payable.

6

Selection Committees for Research and Development Corporations

This entry refers to Selection Committees established under Part 4 of the Primary Industries Research and Development Act 1989.

7

Committees of Research and Development Corporations

This entry refers to committees established under Part 2 of the Primary Industries Research and Development Act 1989.

8

Editorial Advisory Board

Subject to a minimum payment of $3,423 per year.

9

Ministerial Advisory Committee on Blood Borne Viruses and Sexually Transmissible Infections (MACBBVSTI)

Members appointed as organisational representatives, such as Federal Parliamentarians and State or Territory officials, do not receive the travel allowance determined for MACBBVSTI Members if they have an entitlement to travel allowance from a different source.

10

Examiner, Australian Criminal Intelligence Commission

The maximum amount an Examiner who is paid by way of daily fees can be paid in one year is $247,330.

11

Australian Competition and Consumer Commission—Associate Member (Agriculture)

The office holder is to receive an annual fee of $267,020 while working the equivalent of 3 days per week, in accordance with Part 3, instead of the amount in column 4 of Table 4A.

12

Fair Work Commission—Expert Panel Member

Fees for all official business are to be calculated in accordance with subsection 20(3). Subsection 20(1) does not apply.

13

Administrative Appeals Tribunal (AAT)—former Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT)

This instrument applies to an AAT member appointed on a part‑time basis who is a former member of the MRT or the RRT and is covered by item 5 of Schedule 9 to the Tribunals Amalgamation Act 2015 (i.e. for the remaining balance of the former MRT or RRT member’s term of appointment that commenced before 1 July 2015). Section 20 of this instrument does not apply. The following conditions apply:

(a) members receive a daily fee for 7 hours work (which may accumulate over several days);

(b) the nature, reasonableness and duration of official business is to be reviewed prior to payment of fees, according to governance arrangements established by the President of the AAT.

14

Classification Review Board

When the Deputy Convenor acts as Convenor, the Deputy Convenor is entitled to the remuneration and other conditions determined for the Convenor.

15

Defence Force Advocate

The daily fee specified in Table 4A is payable when the Advocate undertakes tasks that do not require the advocacy and legal advice skills of a Senior Counsel. Fees payable for advocacy and legal advice that the Department certifies as within the Advocate’s functions under section 58T of the Defence Act 1903 and requiring the skills of a Senior Counsel or a Queen’s Counsel, is to be at the rate of $3,500 per day.

16

Superannuation Complaints Tribunal (SCT)

All daily fees for part‑time office holders of the SCT are calculated in accordance with subsection 20(3); subsection 20(1) does not apply. The following conditions also apply:

(a) the time referred to in subsection 20(3) includes all official travel time; time spent on Tribunal business; and preparation for, attendance and finalisation of all matters associated with a Tribunal hearing;

(b) the Chair of the SCT is to certify the nature, reasonableness and duration of official business undertaken prior to any payment of fees.

17

Climate Change Authority Associate Member

An Associate Member of the Climate Change Authority appointed before 12 February 2018 is to receive $934 instead of the fee in Table 4A for the duration of the office holder’s current term of appointment.

18

Torres Strait Regional Authority

Section 20 does not apply. Office holders are to be paid in accordance with the following conditions:

(a) for formal meetings or authority business aggregating 6 hours or more on any one day—100% of the daily fee;

(b) for formal meetings or authority business aggregating 3 hours or more but less than 6 hours on any one day—60% of the daily fee;

(c) for formal meetings or authority business aggregating less than 3 hours on any one day—40% of the daily fee.

19

Military Rehabilitation and Compensation Commission

Where a member has an entitlement to Tier 1 travel by virtue of a full‑time appointment, that entitlement also applies to this office.

 

23  Specified professional committees

                   The following table (Table 4C) sets out the specified professional committees.

 

Table 4C—Specified professional committees

Item

Professional committee

1

Advisory Committee for Biologicals

2

Advisory Committee on Chemicals Scheduling

3

Advisory Committee on Complementary Medicines

4

Advisory Committee on Medical Devices

5

Advisory Committee on Medicines

6

Advisory Committee on Medicines Scheduling

7

Advisory Committee on Vaccines

8

Australian Commission on Safety and Quality in Health Care—Expert Committees

9

Independent Hospital Pricing Authority Clinical Advisory Committee

10

Medicare Participation Review Committees

11

National Pathology Accreditation Advisory Council

12

Pharmaceutical Services Federal Committee of Inquiry

 

Part 5Annual meeting fees and additional daily fees

  

24  Simplified outline of this Part

This Part applies to office holders who receive an annual meeting fee and additional daily fee. The annual meeting fee compensates for formal meetings of the authority with the additional daily fee payable for authority business unrelated to the formal meetings.

This Part sets out the conditions that must be met for payment of both the annual meeting fee and the additional daily fee, including certification of hours and minimum claim and maximum payment arrangements. Table 5A identifies the following:

•      the individual public offices remunerated by annual meeting and additional daily fees;

•      the fees payable to Chairs and Members (where applicable);

•      any additional provisions or conditions that apply to the office, including any caps that apply to the additional daily fee;

•      the travel tier for the office.

25  Application of this Part

                   This Part applies to office holders whose annual meeting fees and additional daily fees are set out in Table 5A.

26  Payment of annual meeting fees

             (1)  The annual meeting fees set out in Table 5A are payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The annual meeting fee covers the following:

                     (a)  attendance at all formal meetings of the authority (regardless of their duration);

                     (b)  any preparation time for the formal meetings;

                     (c)  any official travel time associated with the formal meetings.

Reduction for lengthy absence

             (2)  The annual meeting fee is proportionally reduced where an office holder is unavailable to attend meetings of the authority for a period of more than 3 months, except to the extent that a reduction would be inconsistent with the terms of the office holder’s appointment.

27  Payment of additional daily fees

             (1)  The additional daily fees set out in Table 5A are payable for time spent on authority business in accordance with this Part and as calculated under section 29.

Certification of time

             (2)  For an office holder other than the Chair, additional daily fees may only be paid after the Chair certifies the total time claimed by the office holder, including any official travel time that is not associated with a formal meeting.

             (3)  For the Chair, additional daily fees may only be paid after the total time claimed by the Chair is certified in accordance with the terms set out in the Chair’s appointment or under governance arrangements approved by the responsible portfolio minister or employing authority.

Maximum payment

             (4)  The maximum payable for any one day is one additional daily fee.

Minimum claim

             (5)  Unless the employing authority determines otherwise, the minimum amount that may be claimed for payment at any one time is one additional daily fee.

Annual cap

             (6)  If Table 5A sets out a cap on additional daily fees for an office holder, additional daily fees are not payable to the office holder once their aggregate additional daily fee earnings during that financial year reach the cap.

28  Authority business—exclusion

                   For the purposes of this Part, time spent on the following is not to be treated as time spent on authority business:

                     (a)  all preparation for a formal meeting, even where it is considered excessive to normal preparation time;

                     (b)  any official travel time associated with a formal meeting regardless of when the travel occurs.

29  Calculation of additional daily fees

             (1)  The amount of an additional daily fee paid to an office holder for a day is 20% of the additional daily fee set out in Table 5A for each hour, to a maximum of 5 hours per day, that the office holder spends:

                     (a)  on authority business; or

                     (b)  on official travel time that is not associated with a formal meeting.

             (2)  For the purposes of subsection (1), disregard any period of time of less than one hour that the office holder spends as mentioned in paragraph (1)(a) or (b).

30  Annual meeting fees and additional daily fees

                   The following table (Table 5A) sets out, for each office holder in column 1:

                     (a)  the annual meeting fee for the office holder; and

                     (b)  the additional daily fee for the office holder; and

                     (c)  the annual cap on additional daily fees for the office holder (if applicable); and

                     (d)  the special provisions (if any) of this instrument that apply to the office holder; and

                     (e)  the travel tier that applies to the office holder for the purposes of the official travel determination.

 

Table 5A—Annual meeting fees and additional daily fees

Column 1

Office holder

Column 2

Annual meeting fee

Column 3

Additional daily fee

Column 4

Annual cap on additional daily fees

Column 5

Special provisions

Column 6

Travel tier

Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development—Chair

$85,920

$1,166

$23,310

 

1

Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development—Member

$57,300

$876

$17,490

 

1

Australian Technical Advisory Group on Immunisation—Chair

$69,290

$876

 

Table 5B, item 1A and Table 8A, item 4

1

National Competition Council—President

$36,040

$1,166

 

Table 5B, item 1

1

National Competition Council—other councillor

$18,020

$876

 

Table 5B, item 1

1

Financial Adviser Standards and Ethics Authority—Chair

$24,480

$1,166

 

 

1

Prostheses List Advisory Committee—Member

$22,180

$876

 

 

1

 

31  Special provisions for certain offices

                   The provisions in column 2 of the following table (Table 5B) apply for the purposes of paragraph 30(d).

 

Table 5B—Special provisions for certain offices

Item

Column 1

Description

Column 2

Special provision

1A

Australian Technical Advisory Group on Immunisation

A Co‑Chair in any Co‑Chair arrangement for the Group is to receive:

(a) an annual meeting fee of $34,645; and

(b) an additional daily fee of $876.

1

National Competition Council

The annual fee applies to all Council work including governance, meeting preparation and consideration of applications at and prior to scheduled meetings. The additional daily fee applies only to consideration of applications that are not able to be covered in the scheduled meetings due to statutory timeframes.

 

Part 6Base fees and meeting fees

  

32  Simplified outline of this Part

This Part applies to office holders who receive a combination of a base (annual) fee and a (daily) meeting fee. The base fee compensates for a wide range of work undertaken by the office holder as set out in this Part. The meeting fee component applies only to full day formal meetings of the authority and is payable in accordance with the provisions set out in this Part. Table 6A identifies the following:

•      the individual public offices remunerated by base fees and meeting fees;

•      the fees payable to Chairs and Members (where applicable);

•      any additional provisions or conditions that apply to the office;

•      the travel tier for the office.

33  Application of this Part

                   This Part applies to office holders whose base fees and meeting fees are set out in Table 6A.

34  Payment of base fees

             (1)  The base fees set out in Table 6A are annual fees payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The base fee covers all activities undertaken by an office holder in performing the duties of their office, including the following:

                     (a)  part day meetings (involving less than 5 hours including official travel time);

                     (b)  preparation for a formal meeting;

                     (c)  sub‑committee work;

                     (d)  formal dinners;

                     (e)  teleconferences;

                      (f)  representational activities;

                     (g)  other authority business.

Reduction for lengthy absence

             (2)  The base fee is proportionally reduced where an office holder is unavailable to attend meetings of the authority for a period of more than 3 months, except to the extent that a reduction would be inconsistent with the terms of the office holder’s appointment.

35  Payment of meeting fees

             (1)  The meeting fees set out in Table 6A are payable in accordance with this Part.

             (2)  Meeting fees are payable only where the total time spent on a formal meeting of the authority, combined with official travel time associated with the meeting, is 5 hours or more on the same day. Part days do not accrue.

Certification of time

             (3)  For an office holder other than the Chair, meeting fees may only be paid after the Chair certifies the total time claimed by the office holder, including any official travel time.

             (4)  However, if the Chair is absent from a meeting, the office holder’s meeting fees which relate to the meeting may only be paid after the nominated presiding officer for the meeting certifies the total time claimed by the office holder for the day or days to which those fees relate.

             (5)  For the Chair, meeting fees may only be paid after the total time claimed by the Chair is certified in accordance with the terms set out in the Chair’s appointment or under governance arrangements approved by the responsible portfolio minister or authority.

36  Base fees and meeting fees

                   The following table (Table 6A) sets out, for each office holder in column 1:

                     (a)  the base fee for the office holder; and

                     (b)  the meeting fee for the office holder; and

                     (c)  the special provisions (if any) of this instrument that apply to the office holder; and

                     (d)  the travel tier that applies to the office holder for the purposes of the official travel determination.

 

Table 6A—Base fees and meeting fees

Column 1

Office

Column 2

Base fee

Column 3

Meeting fee

Column 4

Special provisions

Column 5

Travel tier

Climate Change Authority—Chair

$60,980

$1,166

Table 6B, item 1

2

Climate Change Authority—Member

$30,490

$934

Table 6B, item 1

2

Australian Charities and Not‑for‑profits Commission Advisory Board—Chair

$36,040

$1,000

 

2

Australian Charities and Not‑for‑profits Commission Advisory Board—Member

$14,420

$668

 

2

Professional Services Review—Determining Authority—Chair

$28,560

$1,499

 

1

Professional Services Review—Determining Authority—Member

$26,520

$1,350

Table 6B, item 2

1

Australian Reinsurance Pool Corporation—Chair

$27,740

$1,166

 

1

Australian Reinsurance Pool Corporation—Member

$13,870

$1,050

 

1

Takeovers Panel—Chair

$27,740

$1,166

Table 6B, item 3

1

Takeovers Panel—Member

$5,550

$1,166

Table 6B, item 3

1

Woomera Prohibited Area Advisory Board—Independent Chair

$14,430

$1,000

 

2

 

37  Special provisions for certain offices

                   The provisions in column 2 of the following table (Table 6B) apply for the purposes of paragraph 36(c).

 

Table 6B—Special provisions for certain offices

Item

Column 1

Description

Column 2

Special provision

1

Climate Change Authority

The fees set out in Table 6A apply only to the Chair and Members of the Climate Change Authority appointed prior to 12 February 2018, for the duration of such an appointment that was in force on that day.

2

Professional Services Review—Determining Authority—Member

The fees set out in Table 6A apply only to the following:

(a) the non‑practitioner member mentioned in paragraph 106ZPA(1)(b) of the Health Insurance Act 1973;

(b) until the end of 29 May 2020—Associate Professor Aniello Iannuzzi (as a member mentioned in paragraph 106ZPA(1)(c) of that Act).

Other Members are to be paid in accordance with Part 4.

3

Takeovers Panel

Meeting fees are payable for sitting days of takeover proceedings and for Panel days where the duration of the proceedings is of a minimum of 3 hours. Payment of fees is subject to a maximum of one meeting fee for any one day. For periods of work of less than 3 hours, a fee is payable as follows:

(a) less than 2 hours—40% of a meeting fee;

(b) 2 hours to less than 3 hours—60% of a meeting fee.

 

Part 7Aboriginal Land Councils fees

  

38  Simplified outline of this Part

This Part applies to office holders of the Aboriginal Land Councils. Depending on their Council, Councillors may receive either an annual fee or a daily fee. This Part sets out the conditions that must be met for payment of fees, including certification of hours and minimum claim and maximum payment arrangements. Table 7A sets out:

•      the individual office holders who receive annual fees; and

•      the fees payable to Chairs, Deputy Chairs (where applicable) and Members who receive annual fees.

Table 7B sets out:

•      the individual office holders who receive daily fees; and

•      the fees payable to Chairs, Deputy Chairs (where applicable) and Councillors who receive daily fees.

39  Application of this Part

                   This Part applies to:

                     (a)  office holders whose annual fees are set out in Table 7A; and

                     (b)  office holders whose daily fees are set out in Table 7B.

40  Payment of annual fees

             (1)  The annual fees set out in Table 7A are payable on a periodic basis throughout each year. Part years are paid on a proportionate basis. The annual fee covers all activities undertaken by an office holder in performing the duties of their office.

Reduction for lengthy absence

             (2)  The annual fee is proportionally reduced where an office holder is unavailable to perform the duties of their office for a period of more than 3 months, except to the extent that a reduction would be inconsistent with the terms of the office holder’s appointment.

41  Payment of daily fees

             (1)  The daily fees set out in Table 7B are payable in accordance with this Part.

Certification of time

             (2)  For an office holder other than the Chair, daily fees may only be paid after the Chair certifies the total time claimed by the office holder, including any official travel time.

             (3)  However, if the Chair is absent from a meeting, the office holder’s daily fees which relate to that meeting may only be paid after the nominated presiding officer for the meeting certifies the total time claimed by the office holder for the day or days to which those fees relate.

             (4)  For the Chair, daily fees may only be paid after the total time claimed by the Chair is certified in accordance with the terms set out in the Chair’s appointment or under governance arrangements approved by the responsible portfolio minister or employing authority.

Maximum payment

             (5)  The maximum payable for any one day is one daily fee.

Minimum claim

             (6)  Unless the employing authority determines otherwise, the minimum amount that may be claimed for payment at any one time is one daily fee.

42  Calculation of daily fees

Meeting days

             (1)  The amount of a daily fee paid to an office holder for a meeting day is:

                     (a)  if the office holder’s qualifying meeting day time is less than 2 hours—40% of the daily fee; or

                     (b)  if the office holder’s qualifying meeting day time is at least 2 hours and less than 3 hours—60% of the daily fee; or

                     (c)  otherwise—100% of the daily fee.

             (2)  For the purposes of subsection (1), qualifying meeting day time is time that an office holder spends on a meeting day:

                     (a)  attending a formal meeting; or

                     (b)  on authority business; or

                     (c)  on official travel time.

Non‑meeting days

             (3)  The amount of a daily fee paid to an office holder for a non‑meeting day is 20% of the daily fee set out in Table 7B for each hour, to a maximum of 5 hours per day, that the office holder spends:

                     (a)  on authority business; or

                     (b)  on official travel time.

Note:          Normal preparation time must not be taken into account in working out fees under this section (see paragraph (c) of the definition of authority business in section 8).

43  Travel tier

                   For the purposes of the official travel determination, travel tier 2 applies to an office holder.

44  Annual fees

                   The following table (Table 7A) sets out, for each office holder in column 1, the annual fee for the office holder.

 

Table 7A—Annual fees for holders of public offices in Aboriginal Land Councils

Column 1

Office

Column 2

Annual fee

Tiwi Land Council—Chair

$60,980

Tiwi Land Council—Deputy Chair

$36,590

Tiwi Land Council—Member of the Management Committee

$36,590

 

45  Daily fees

                   The following table (Table 7B) sets out, for each office holder in column 1, the daily fee for the office holder when the office holder is engaged in the activity in column 2.

 

Table 7B—Daily fees for holders of public offices in Aboriginal Land Councils

Column 1

Office

Column 2

Activity

Column 3

Daily fee

Northern Land Council—Chair

If engaged part‑time on the functions and duties of the office

$778

Northern Land Council—Member

If engaged on general Council business

$312

Northern Land Council—Member

If engaged on business of the executive

$506

Central Land Council—Chair

If engaged part‑time on the functions and duties of the office

$778

Central Land Council—Member

If engaged on general Council business

$312

Central Land Council—Member

If engaged on business of the executive

$506

Anindilyakwa Land Council—Chair

If engaged part‑time on the functions and duties of the office

$668

Anindilyakwa Land Council—Member

If engaged part‑time on the functions and duties of the office

$334

 

Part 8Application and transitional provisions

  

46  Simplified outline of this Part

This Part contains application and transitional provisions, which provide for how and when amendments of this instrument apply.

47  Application and transitional provisions—general

                   The following table (Table 8A) sets out application and transitional provisions for the provisions in column 1.

 

Table 8A—Application and transitional provisions

Item

Column 1

Provision

Column 2

Application and transitional provisions

1

Table 3A, item dealing with Wine Australia

The amendment of this item made by the Remuneration Tribunal Amendment Determination (No. 4) 2019 applies on and after the commencement of that instrument.

2

Table 4A, item dealing with National Faster Rail Agency—Expert Panel

This item, as inserted by the Remuneration Tribunal Amendment Determination (No. 4) 2019, applies on and after 6 August 2019.

3

Table 4A, item dealing with Future Drought Fund Consultative Committee

This item, as inserted by the Remuneration Tribunal Amendment Determination (No. 4) 2019, applies on and after 1 September 2019.

4

The following items:

(a) Table 4A, item dealing with Australian Technical Advisory Group on Immunisation;

(b) Table 5A, item dealing with Australian Technical Advisory Group on Immunisation—Chair;

(c) Table 5B, item 1A

These items, as amended or inserted by the Remuneration Tribunal Amendment Determination (No. 4) 2019 (including the repeal of the previous item of Table 4A dealing with Australian Technical Advisory Group on Immunisation), apply on and after 1 July 2019.

5

Items 16 and 18 of Schedule 1 to the Remuneration Tribunal Amendment Determination (No. 4) 2019

The repeals made by these items take effect at the end of 30 June 2019.

6

Table 3A, item dealing with Airservices Australia

This item, as inserted by the Remuneration Tribunal Amendment Determination (No. 5) 2019 (including the repeal of the previous item of Table 3A dealing with Airservices Australia), applies on and after 3 September 2019.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2019

24 June 2019 (F2019L00865)

1 July 2019 (s 2(1) item 1)

 

Remuneration Tribunal Amendment Determination (No. 4) 2019

26 Aug 2019 (F2019L01094)

Sch 1 (items 1, 11–26): 27 Aug 2019 (s 2(1) items 2, 3)

Remuneration Tribunal Amendment Determination (No. 5) 2019

16 Sept 2019 (F2019L01201)

Sch 1 (items 1, 6, 7): 17 Sept 2019 (s 2(1) item 1)

Remuneration Tribunal Amendment Determination (No. 6) 2019

11 Nov 2019 (F2019L01435)

Sch 1 (items 10–13): 12 Nov 2019 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LA s 48D

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

rep LA s 48C

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

am F2019L01094

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

am F2019L01094

Part 3

 

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

am F2019L01094; F2019L01201; F2019L01435

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

am F2019L01094; F2019L01435

Part 4

 

s 21...........................................

am F2019L01094

Part 5

 

s 30...........................................

am F2019L01094

s 31...........................................

am F2019L01094

Part 8

 

Part 8........................................

ad F2019L01094

s 46...........................................

ad F2019L01094

s 47...........................................

ad F2019L01094

 

am F2019L01201

Schedule 1................................

rep LA s 48C