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Determinations/Remuneration Tribunal as amended, taking into account amendments up to Remuneration Tribunal Amendment Determination (No. 9) 2022
This instrument formalises the Remuneration Tribunal’s decision to determine a general adjustment of 2.75 per cent to remuneration for Part-time Public Offices in its jurisdiction.
Administered by: Prime Minister and Cabinet
Registered 29 Aug 2022
Start Date 28 Aug 2022
End Date 16 Nov 2022

Commonwealth Coat of Arms of Australia

Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2022

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

Remuneration Tribunal Act 1973

Compilation No. 4

Compilation date:                              28 August 2022

Includes amendments up to:            F2022L01067

Registered:                                         29 August 2022

About this compilation

This compilation

This is a compilation of the Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2022 that shows the text of the law as amended and in force on 28 August 2022 (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

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

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

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

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

6............ Schedules...................................................................................................................... 1

7............ Simplified outline of this instrument.............................................................................. 2

8............ Definitions..................................................................................................................... 2

Part 2—General provisions                                                                                                                        5

9............ Fees are gross fees........................................................................................................ 5

10.......... Remuneration packaging............................................................................................... 5

11.......... Employer shortfall exemption certificate........................................................................ 5

12.......... Other holders of part‑time public office......................................................................... 5

Part 3—Annual fees                                                                                                                                        7

13.......... Simplified outline of this Part........................................................................................ 7

14.......... Application of this Part.................................................................................................. 7

15.......... Payment of annual fees.................................................................................................. 7

16.......... Annual fees................................................................................................................... 7

17.......... Special provisions for certain offices........................................................................... 13

Part 4—Daily fees                                                                                                                                           17

18.......... Simplified outline of this Part...................................................................................... 17

19.......... Application of this Part................................................................................................ 17

20.......... Payment of daily fees.................................................................................................. 17

21.......... Calculation of daily fees.............................................................................................. 18

22.......... Daily fees.................................................................................................................... 18

23.......... Special provisions for certain offices........................................................................... 26

24.......... Specified professional committees............................................................................... 28

Part 5—Annual meeting fees and additional daily fees                                                          29

25.......... Simplified outline of this Part...................................................................................... 29

26.......... Application of this Part................................................................................................ 29

27.......... Payment of annual meeting fees.................................................................................. 29

28.......... Payment of additional daily fees.................................................................................. 30

29.......... Authority business—exclusion................................................................................... 30

30.......... Calculation of additional daily fees.............................................................................. 30

31.......... Annual meeting fees and additional daily fees............................................................. 31

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

Part 6—Base fees and meeting fees                                                                                                     33

33.......... Simplified outline of this Part...................................................................................... 33

34.......... Application of this Part................................................................................................ 33

35.......... Payment of base fees................................................................................................... 33

36.......... Payment of meeting fees.............................................................................................. 34

37.......... Base fees and meeting fees.......................................................................................... 34

38.......... Special provisions for certain offices........................................................................... 35

Part 7—Aboriginal Land Councils fees                                                                                            36

39.......... Simplified outline of this Part...................................................................................... 36

40.......... Application of this Part................................................................................................ 36

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

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

43.......... Travel tier.................................................................................................................... 37

44.......... Daily fees.................................................................................................................... 37

Schedule 1—Repeals                                                                                                                                     39

Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2021                                                                                                                                                                 39

Endnotes                                                                                                                                                               40

Endnote 1—About the endnotes                                                                                                      40

Endnote 2—Abbreviation key                                                                                                          41

Endnote 3—Legislation history                                                                                                       42

Endnote 4—Amendment history                                                                                                     43


Part 1Preliminary

  

1  Name

                   This instrument is the Remuneration Tribunal (Remuneration and Allowances for Holders of Part‑time Public Office) Determination 2022.

2  Commencement

             (1)  Each provision of this instrument 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 instrument

1 July 2022.

1 July 2022

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

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

3  When this instrument takes effect

                   This instrument takes effect at the start of 1 July 2022.

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 2021.

6  Schedules

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

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.

8  Definitions

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

                   In this instrument:

ADF Super member has the same meaning as in the Australian Defence Force Superannuation Act 2015.

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).

CSS (short for Commonwealth Superannuation Scheme) has the same meaning as in the Superannuation Act 1976.

DFRDB (short for Defence Force Retirement and Death Benefits) means the scheme established by the Defence Force Retirement and Death Benefits Act 1973.

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).

MSBS (short for Military Superannuation and Benefits Scheme) has the same meaning as Scheme has in the Military Superannuation and Benefits Act 1991.

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 2022 (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.

PSS (short for Public Sector Superannuation Scheme) has the same meaning as Public Sector Superannuation Scheme has in the Superannuation Act 1990.

PSSAP (short for Public Sector Superannuation Accumulation Plan) has the same meaning as in the Superannuation Act 2005.

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

Table 2A means the table of daily fees in subsection 12(1).

Table 3A means the table of annual fees in section 16.

Table 3B means the table of special provisions for certain offices in section 17.

Table 4A means the table of daily fees in section 22.

Table 4B means the table of special provisions for certain offices in section 23.

Table 4C means the table of specified professional committees in section 24.

Table 5A means the table of annual meeting fees and additional daily fees in section 31.

Table 5B means the table of special provisions for certain offices in section 32.

Table 6A means the table of base fees and meeting fees in section 37.

Table 6B means the table of special provisions for certain offices in section 38.

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

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  Employer shortfall exemption certificate

             (1)  This section applies to an office holder if:

                     (a)  the office holder is not a member of the CSS, DFRDB, MSBS, PSS or PSSAP, or an ADF Super member; and

                     (b)  an employer shortfall exemption certificate has been issued under the Superannuation Guarantee (Administration) Act 1992 to the office holder in relation to:

                              (i)  the office holder’s employer; and

                             (ii)  a quarter in a financial year.

             (2)  Any remuneration payable to the office holder in accordance with this instrument in respect of the quarter is to be increased by the amount of the minimum contribution that would (if the certificate had not been issued), under section 23 of the Superannuation Guarantee (Administration) Act 1992, reduce the charge percentage for the office holder to nil.

12  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

$572

Member

$430

 

             (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

  

13  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.

14  Application of this Part

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

15  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.

16  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

Medical Services Advisory Committee

$233,180

$174,890

$47,430

 

1

NBN Co Limited

$233,180

$187,740

$116,650

 

1

Snowy Hydro Limited

$233,180

 

$116,600

Table 3B, item 1

1

Future Fund

$220,580

 

$110,300

 

1

Commonwealth Grants Commission

$216,890

 

$114,820

 

1

Australia Post

$199,040

$111,080

$99,560

Table 3B, items 1, 6 and 7

1

Australian Broadcasting Corporation

$183,100

$90,390

$60,290

 

1

Airservices Australia

$170,870

$128,160

$85,440

 

1

ASC Pty Ltd

$170,870

$128,150

$79,760

Table 3B, items 2 and 8

1

Australian Rail Track Corporation

$170,870

 

$85,440

Table 3B, items 2 and 22

1

Independent National Security Legislation Monitor

$170,870

 

 

 

1

WSA Co Limited

$170,870

$128,160

$85,440

Table 3B, item 2

1

Commonwealth Scientific and Industrial Research Organisation

$154,130

$77,070

$77,070

Table 3B, items 2 and 18

1

Commonwealth Superannuation Corporation

$144,700

 

$69,220

Table 3B, items 2 and 4

See Table 3B, item 4

Financial Regulator Assessment Authority

$144,700

 

$72,350

 

1

National Disability Insurance Agency

$144,700

 

$72,350

Table 3B, items 2, 9 and 9A

1

Northern Australia Infrastructure Facility

$123,190

 

$61,240

Table 3B, item 2

1

Australian Digital Health Agency Board

$122,460

 

$61,230

Table 3B, item 10

1

Australian Maritime Safety Authority

$122,460

$91,850

$61,230

Table 3B, item 2

1

Australian Naval Infrastructure Pty Ltd

$122,460

 

$61,230

Table 3B, item 2

1

Board of Taxation

$122,460

 

$61,230

 

1

Civil Aviation Safety Authority Board

$122,460

$91,850

$61,230

Table 3B, item 2

1

Defence Housing Australia

$122,460

 

$61,230

Table 3B, item 2

1

Export Finance and Insurance Corporation

$122,460

$91,850

$61,230

Table 3B, item 2

1

Infrastructure Australia

$122,460

 

$61,230

 

1

Murray‑Darling Basin Authority

$122,460

 

$73,480

 

1

National Intermodal Corporation Limited

$122,460

$97,970

$61,230

 

1

Australian Curriculum Assessment and Reporting Authority

$113,910

$85,440

Daily fee

Table 3B, item 5

See Table 3B, item 5

Clean Energy Finance Corporation

$113,910

 

$56,960

 

1

Foreign Investment Review Board

$113,910

 

$56,960

Table 3B, item 11

1

National Health and Medical Research Council

$113,910

 

$28,480

Table 3B, item 4

See Table 3B, item 4

National Housing Finance and Investment Corporation

$113,910

 

$56,960

Table 3B, item 2

2

Special Broadcasting Service

$113,910

$85,440

$45,570

 

1

Tax Practitioners Board

$113,910

 

Daily fee

 

1

Australian Institute for Teaching and School Leadership Ltd

$105,390

$79,050

Daily fee

Table 3B, item 5

See Table 3B, item 5

Australian Nuclear Science and Technology Organisation Board

$105,390

$79,050

$52,700

Table 3B, item 2

1

Financial Reporting Council

$105,390

 

Daily fee

 

1

Innovation and Science Australia Board

$105,390

 

$47,430

Table 3B, items 4 and 12

See Table 3B, item 4

Tourism Australia

$105,390

$79,050

$52,700

Table 3B, item 2

1

Australian Renewable Energy Agency

$96,840

 

$48,420

Table 3B, item 3

2

Australian Sports Commission

$96,840

$72,630

$48,420

Table 3B, items 2 and 13

1

Great Barrier Reef Marine Park Authority

$96,840

 

$48,420

 

2

Safety, Rehabilitation and Compensation Commission

$96,840

 

$43,580

 

1

Australian Pesticides and Veterinary Medicines Authority Board

$88,290

 

$44,150

Table 3B, item 21

2

Food Standards Australia New Zealand

$88,290

 

$44,150

Table 3B, item 3

1

Independent Hospital Pricing Authority

$88,290

$32,730

$32,730

 

2

International Air Services Commission

$88,290

 

$44,150

 

1

National Health and Medical Research Council—Research Committee

$88,290

 

 

 

2

Prostheses List Advisory Committee

$88,290

 

 

 

1

Regional Investment Corporation Board

$88,290

 

$44,150

Table 3B, item 2

2

Aboriginal Hostels Limited

$79,760

 

$39,880

Table 3B, item 20

2

Australian Commission on Safety and Quality in Health Care

$79,760

 

$26,330

 

2

Australian Electoral Commission

$79,760

 

 

 

1

Australian Fisheries Management Authority Commission

$79,760

$39,880

$39,880

 

1

Australian Hearing Services

$79,760

 

$35,900

Table 3B, item 2

1

Australian Heritage Council

$79,760

 

$35,900

 

1

Australian Heritage Council—Associate Member

 

 

$35,900

 

1

Australian Institute of Health and Welfare

$79,760

$39,880

$39,880

 

2

Grains Research and Development Corporation

$79,760

 

$39,880

Table 3B, item 2

1

Independent Parliamentary Expenses Authority

$79,760

 

$39,880

 

2

Indigenous Business Australia

$79,760

$59,820

$39,880

Table 3B, items 2 and 14

1

Indigenous Land and Sea Corporation

$79,760

$59,820

$39,880

Table 3B, item 2

1

National School Resourcing Board

$79,760

$59,820

 

 

2

Outback Stores Pty Ltd

$79,760

 

$39,880

 

2

Prime Minister’s Indigenous Advisory Council

$79,760

 

Daily fee

 

2

Referendum Council, Co‑Chair

$79,760

 

Daily fee

 

2

Wine Australia

$79,760

$39,880

$39,880

 

2

Australian Medical Research Advisory Board

$71,200

$53,400

 

 

1

Cancer Australia Advisory Council

$71,200

 

$35,600

Table 3B, item 15

2

National Health and Medical Research Council—Australian Health Ethics Committee

$71,200

 

 

 

2

National Health and Medical Research Council—All other Principal Committees

$71,200

 

 

 

2

National Offshore Petroleum Safety and Environmental Management Authority Board

$71,200

 

$35,600

 

1

Army and Air Force Canteen Service (AAFCANS)

$62,660

 

$31,330

Table 3B, item 2

2

Australia Council

$62,660

$47,000

$34,470

Table 3B, items 3, 23 and 24

1

Australian Sports Drug Medical Advisory Committee

$62,660

 

$26,320

 

2

Climate Change Authority

$62,660

 

$31,330

 

2

Fisheries Research and Development Corporation

$62,660

 

$37,600

 

1

National Capital Authority

$62,660

 

$25,070

 

1

National Rural Advisory Council

$62,660

 

$34,470

 

1

Rural Industries Research and Development Corporation

$62,660

 

$37,600

Table 3B, item 3

1

Safe Work Australia

$62,660

 

 

 

2

Screen Australia

$62,660

$47,000

$34,470

Table 3B, item 3

1

Australian Film Television and Radio School—Council

$54,130

 

$27,070

Table 3B, items 2 and 16

2

Australian Institute of Marine Science Council

$54,130

 

$27,070

Table 3B, item 3

2

Australian War Memorial Council

$54,130

 

$27,070

Table 3B, item 19

2

Cotton Research and Development Corporation

$54,130

 

$27,070

 

2

National Gallery of Australia Council

$54,130

$40,600

$27,070

 

2

Radiation Health and Safety Advisory Council

$54,130

 

 

 

2

Sydney Harbour Federation Trust

$54,130

 

$27,070

Table 3B, item 2

2

Australian National Maritime Museum Council

$45,570

 

$22,790

 

2

National Film and Sound Archive

$45,570

$22,790

$22,790

 

2

National Library of Australia Council

$45,570

$34,180

$22,790

 

2

National Museum of Australia Council

$45,570

 

$22,790

 

2

National Portrait Gallery of Australia

$45,570

$22,790

$22,790

 

2

Old Parliament House Board

$45,570

$22,790

$22,790

 

2

Australia Business Arts Foundation

$37,040

$27,780

$18,520

 

1

Australian Institute of Health and Welfare—Ethics Committee

$37,040

 

 

 

2

Australian Statistics Advisory Council

$37,040

 

 

Table 3B, item 4

See Table 3B, item 4

Classification Review Board

$37,040

Daily fee

Daily fee

 

2

Defence Strategic Reform Advisory Board

$37,040

 

$25,930

 

1

Public Lending Right Committee

$37,040

 

 

 

2

Asbestos Safety and Eradication Council

$28,510

 

Daily fee

 

2

Innovation and Science Australia Committee

$19,960

 

$11,980

Table 3B, item 12

2

Reserve Bank of Australia

Full‑time

 

$79,760

Table 3B, item 1

1

Australian Transport Safety Bureau Commission, Commissioner

 

 

$62,660

 

1

Payments System Board

Full‑time

 

$62,660

 

1

Pharmaceutical Benefits Advisory Committee

Full‑time

 

$56,970

Table 3B, item 17

1

Clean Energy Regulator

Full‑time

 

$56,960

 

1

 

17  Special provisions for certain offices

                   The provisions in column 2 of the following table (Table 3B) apply for the purposes of paragraph 16(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—$23,050 per year;

(b) for a member of the Audit Committee—$11,530 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—$16,770 per year;

(b) for a member of the Audit Committee—$8,390 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—$10,160 per year;

(b) for a member of the Audit Committee—$5,080 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 and Sustainability Committee is entitled to additional fees as follows:

(a) for the Chair of the People and Sustainability Committee—$19,640 per year;

(b) for a member of the People and Sustainability Committee—$9,830 per year.

7

Australia Post—Deputy Chair

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—$23,050 per year;

(b) if the Deputy Chair is also appointed as a member of the Audit and Risk Committee—$11,530 per year.

8

ASC Pty Ltd

A member (other than the Chair or Deputy 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—$16,110 per year;

(b) for a member of the BAS Committee—$8,060 per year.

9

National Disability Insurance 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—$12,550 per year;

(b) for a member of the Sustainability Committee—$6,280 per year.

9A

National Disability Insurance Agency

Dr Peta Seaton is to receive, while she occupies the office of member, an annual fee of $53,349 instead of the amount in column 4 of Table 3A.

10

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 $10,920 per year.

11

Foreign Investment Review Board

While the Hon Cheryl Edwardes occupies the office of Member she is to receive an annual fee of $45,670 instead of the amount in column 4 of Table 3A.

12

Innovation and Science Australia Board

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

13

Australian Sports Commission

The Hon Hugh Delahunty is to receive, while he occupies the office of member, an annual fee of $41,390 instead of the amount in column 4 of Table 3A.

14

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—$12,550 per year;

(b) for a member of the Finance, Investment and Products Committee—$6,280 per year.

15

Cancer Australia Advisory Council

The Hon Jillian Skinner is to receive an annual member fee of $34,980 instead of the amount in column 4 of Table 3A.

16

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 $12,550 per year.

17

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 $11,040 per year.

18

Commonwealth Scientific and Industrial Research Organisation—committees

A member (other than the 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.

19

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.

20

Aboriginal Hostels Limited

A member (other than the Chair) who is also appointed to the Audit, Risk and Finance Committee or the Asset Management Committee is entitled to additional fees as follows:

(a) for the Chair of the Audit, Risk and Finance Committee—$16,770 per year;

(b) for a member of the Audit, Risk and Finance Committee—$8,390 per year;

(c) for the Chair of the Asset Management Committee—$8,390 per year;

(d) for a member of the Asset Management Committee—$4,200 per year.

A member who is covered by more than one of the above paragraphs receives only the highest additional fee for any of the paragraphs that applies to the member.

21

Australian Pesticides and Veterinary Medicines Authority Board

Until 3 March 2023:

(a) the Chair of the Australian Pesticides and Veterinary Medicines Authority Board is to receive an annual fee of $98,140 instead of the amount in column 2 of Table 3A; and

(b) other members of the Australian Pesticides and Veterinary Medicines Authority Board are to receive an annual fee of $48,560 instead of the amount in column 4 of Table 3A.

22

Australian Rail Track Corporation

While the Hon Katrina Hodgkinson occupies the office of Member she is to receive an annual fee of $59,900 instead of the amount in column 4 of Table 3A.

23

Australia Council

The Hon Don Harwin is to receive, while he occupies the office of member, an annual fee of $34,406 instead of the amount in column 4 of Table 3A.

24

Australia Council

Despite item 3 of this table, the Hon Don Harwin is to receive, while he is a member of the Audit Committee (however named) of the Australia Council, a fee of $2,543 per year.

 

Part 4Daily fees

  

18  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.

19  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.

20  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.

21  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).

22  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

$1,541

$1,387

$1,233

 

1

Independent Reviewer appointed under the Food and Grocery Code of Conduct

$1,541

 

 

 

1

Professional Services Review—Committees

$1,541

 

$1,388

 

1

Professional Services Review—Determining Authority

See Part 6

 

$1,388

Table 4B, item 1

1

Australian Medical Research Advisory Board

 

 

$1,096

 

1

Inspector‑General of Biosecurity

$1,370

 

 

Table 4B, item 2

2

Inspector‑General of Live Animal Exports

$1,370

 

 

Table 4B, item 18

2

Specialist Medical Review Council—Convenor or Councillor

$1,370

 

$1,096

Table 4B, item 3

1

Administrative Review Council

$1,199

 

$960

 

1

Advisory Committee on the Environmental Management of Industrial Chemicals

$1,199

 

$901

 

2

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

$1,199

 

$901

 

2

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

$1,199

 

$901

 

1

Defence Honours and Awards Appeals Tribunal

$1,199

 

$901

 

2

Emissions Reduction Assurance Committee

$1,199

 

$901

 

2

Family Law Council

$1,199

 

$960

 

1

Gene Technology Ethics and Community Consultative Committee

$1,199

 

$901

Table 4B, item 4

1

Gene Technology Technical Advisory Committee

$1,199

 

$901

Table 4B, item 4

1

Innovation and Science Australia Committee—Non‑Board Member

$1,199

 

$1,199

 

2

National Disability Insurance Agency—Advisory Council

$1,199

 

$901

 

2

National Mental Health Commission (Chair or Commissioner)

$1,199

 

$901

 

2

National Transport Commission

$1,199

 

$1,080

 

1

Repatriation Medical Authority

$1,199

 

$1,080

Table 4B, item 5

1

Scientific Advisory Group (Biosecurity)

$1,199

 

$1,080

 

2

Seafarers Safety, Rehabilitation and Compensation Authority

$1,199

$1,104

 

 

1

Specified professional committees (see Table 4C)

$1,199

 

$901

 

1

Tertiary Education Quality and Standards Agency—Chief Commissioner and Commissioners

$1,199

 

$901

 

2

Threatened Species Scientific Committee

$1,199

 

$800

 

1

Trans‑Tasman IP Attorneys Board

$1,199

 

$901

 

2

Trans‑Tasman IP Attorneys Disciplinary Tribunal

$1,199

 

$901

 

2

Tuition Protection Service Advisory Board

$1,199

 

$600

 

2

Aged Care Quality and Safety Advisory Council

$1,028

 

$823

 

2

Ambassador for Women and Girls

$1,028

 

 

 

2

Australia Council, Sector Strategy Panels

$1,028

 

$823

 

2

Australian Community Pharmacy Authority

$1,028

 

$823

 

2

Australian Organ and Tissue Donation and Transplantation Authority Advisory Board

$1,028

$823

$823

 

2

Commission for International Agricultural Research

$1,028

 

$771

 

2

Disability Standards Review Panel

$1,028

 

$514

 

2

Fisheries Research and Development Corporation Selection Committees

$1,028

 

 

 

1

Fuel Standards Consultative Committee

$1,028

 

$686

 

2

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

$1,028

 

$686

 

2

Land Sector Carbon and Biodiversity Board

$1,028

 

$926

 

2

Ministerial Council on Asylum Seekers and Detention

$1,028

 

$926

 

2

National Blood Authority

$1,028

 

$771

 

1

National Data Advisory Council

$1,028

 

$823

 

2

National Faster Rail Agency—Expert Panel

$1,028

 

$823

 

2

National Vocational Education and Training Regulator Advisory Council

$1,028

 

$823

 

2

National Soils Advocate

$1,028

 

 

Table 4B, item 19

2

Regional Telecommunications Independent Review Committee

$1,028

 

$823

 

2

Selection Committees for Research and Development Corporations

$1,028

 

 

Table 4B, item 6

1

Special Envoy for Human Rights

$1,028

 

 

 

2

Sport Integrity Australia Advisory Council

$1,028

 

$823

 

2

Wine Australia Selection Committee

$1,028

 

 

 

2

Veterans’ Review Board (Senior Member or Member)

$976

 

$836

 

2

Australian Strategic Policy Institute

$915

 

$732

 

2

Future Drought Fund Consultative Committee

$915

 

$823

 

2

Geographical Indications Committee

$915

 

$823

 

2

Prime Ministerial Advisory Council on Veterans’ Mental Health

$915

 

No Fee

 

2

ABC Advisory Council

$800

 

$720

 

2

Coal Mining Industry (Long Service Leave Funding) Corporation

$800

$600

$600

 

2

Committees of Research and Development Corporations

$800

 

$720

Table 4B, item 7

2

Editorial Advisory Board

$800

 

 

Table 4B, item 8

2

Higher Education Standards Panel

$800

 

$720

 

2

Management Advisory Committees, Australian Fisheries Management Authority

$800

 

$600

 

2

National Archives of Australia Advisory Council

$800

 

$720

 

2

National Customs Brokers Licensing Advisory Committee

$800

 

$720

 

2

Religious Advisory Committee to the Services

$800

 

$800

 

2

Statutory Fishing Rights Allocation Review Panel

$800

 

$720

 

2

Aboriginals Benefit Account Advisory Committee

$687

 

$516

 

2

APS Reconsideration Committee

$687

 

$619

 

2

Booderee Board of Management

$687

 

$516

 

2

CSIRO Advisory Committees

$687

 

$516

 

2

Defence Force Case Assessment Panel

$687

 

$619

 

2

Kakadu Board of Management

$687

 

$516

 

2

Land Sector Carbon and Biodiversity Board—Committees

$687

 

$516

 

2

Military Superannuation and Benefits Scheme Reconsideration Committee

$687

 

$619

 

2

National Health and Medical Research Council—Commissioner of Complaints

$687

 

 

 

2

Uluru‑Kata Tjuta Board of Management

$687

 

$516

 

2

Defence Families of Australia—Defence Family Advocate

$572

 

 

 

3

Defence Families of Australia—National Communications Officer

 

 

$431

 

3

Defence Families of Australia—National Delegates

 

 

$431

 

3

Defence Families of Australia—National Policy Officer

 

 

$431

 

3

Ministerial Advisory Committee on Blood Borne Viruses and Sexually Transmissible Infections

$572

 

$431

Table 4B, item 9

2

Examiner, Australian Criminal Intelligence Commission

 

 

$1,541

Table 4B, item 10

1

Australian Energy Regulator

 

 

$1,314

 

1

Registration and Disciplinary Committees (Bankruptcy Practitioners)

 

 

$1,233

 

1

Registration and Disciplinary Committees (Corporate Insolvency Practitioners)

 

 

$1,233

 

1

Australian Communications and Media Authority—Associate Member

 

 

$1,141

 

1

Australian Competition and Consumer Commission—Associate Member

 

 

$1,141

Table 4B, item 11

1

Australian Curriculum Assessment and Reporting Authority

Annual fee

Annual fee

$1,141

 

2

Australian Institute for Teaching and School Leadership Ltd

Annual fee

Annual fee

$1,141

 

2

Fair Work Commission Expert Panel Member

 

 

$1,141

Table 4B, item 12

1

National Science and Technology Council

 

 

$1,141

 

1

Tax Practitioners Board—Member

 

 

$1,141

 

2

Auditing and Assurance Standards Board

 

 

$1,096

 

1

Australian Accounting Standards Board

 

 

$1,096

 

1

Financial Reporting Council

Annual fee

 

$1,096

 

1

Classification Review Board

Annual fee

$1,001

$971

Table 4B, item 13

2

Defence Force Advocate

 

 

$971

Table 4B, items 14 and 15

1

Defence Force Remuneration Tribunal

 

 

$971

 

1

Pharmaceutical Benefits Remuneration Tribunal

 

 

$971

 

1

Productivity Commission Associate Commissioner

 

 

$971

 

1

Australian Sports Drug Medical Advisory Committee—Review Members

 

 

$901

 

2

Australian Technical Advisory Group on Immunisation

Annual meeting fee

 

$901

 

1

Climate Change Authority Associate Member

 

 

$901

 

2

Australian Digital Health Agency—Standing Advisory Committees

Annual fee

 

$856

 

2

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

 

 

$856

 

2

Tax Practitioners Board—Committee Member

Annual fee

 

$856

 

2

National School Resourcing Board

Annual fee

Annual fee

$823

 

2

Prime Minister’s Indigenous Advisory Council

Annual fee

 

$823

 

2

Referendum Council

Annual fee

 

$823

 

2

Australian Institute of Health and Welfare, Ethics Committee

Annual fee

 

$823

 

2

Australia Council, Peer Assessment Panel Members

 

 

$771

 

2

National Rural Advisory Council—Specialist Committees

 

 

$743

 

2

Asbestos Safety and Eradication Council

Annual fee

 

$687

 

2

Torres Strait Regional Authority

 

$696

$516

Table 4B, item 16

2

Torres Strait Regional Authority Member Advisory Committees

 

 

$516

 

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 17

2

 

23  Special provisions for certain offices

                   The provisions in column 2 of the following table (Table 4B) apply for the purposes of paragraph 22(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) the member appointed, as mentioned in paragraph 106ZPA(1)(c) of that Act, as a medical practitioner (within the meaning of that Act). To avoid doubt, this does not include a member who is a medical practitioner but whose appointment relates to another kind of practitioner (within the meaning of Part VAA 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 $30,320 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 $20,460 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 $901 per day and is entitled to Tier 1 Travel.

5

Repatriation Medical Authority

In addition to the relevant daily fee, retainers of $60,540 per year for the Chair and $40,370 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 $3,518 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 $254,140.

11

Australian Competition and Consumer Commission—Associate Member (Agriculture)

The office holder is to receive an annual fee of $274,370 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 21(3). Subsection 21(1) does not apply.

13

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.

14

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.

15

Defence Force Advocate

Section 21 does not apply. Daily fees (including daily fees affected by item 14 of this table) are to be calculated pro rata on the basis of a 6‑hour working day.

16

Torres Strait Regional Authority

Section 21 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.

17

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.

18

Inspector‑General of Live Animal Exports

The daily fee is capped at 120 days per year.

19

National Soils Advocate

The daily fee is capped at 100 days per year.

 

24  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 on 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

  

25  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.

26  Application of this Part

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

27  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.

28  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 30.

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.

29  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.

30  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).

31  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

$88,290

$1,199

$23,960

 

1

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

$58,880

$901

$17,980

 

1

Australian Technical Advisory Group on Immunisation—Chair

$71,200

$901

 

Table 5B, item 1

1

National Competition Council—President

$37,040

$1,199

 

Table 5B, item 2

1

National Competition Council—other councillor

$18,520

$901

 

Table 5B, item 2

1

Prostheses List Advisory Committee—Member

$22,790

$901

 

 

1

 

32  Special provisions for certain offices

                   The provisions in column 2 of the following table (Table 5B) apply for the purposes of paragraph 31(d).

 

Table 5B—Special provisions for certain offices

Item

Column 1

Description

Column 2

Special provision

1

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 $35,600; and

(b) an additional daily fee of $901.

2

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

  

33  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.

34  Application of this Part

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

35  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.

36  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.

37  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

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

$37,040

$1,028

 

2

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

$14,820

$687

 

2

Professional Services Review—Determining Authority—Chair

$29,350

$1,541

 

1

Professional Services Review—Determining Authority—Member

$27,250

$1,388

Table 6B, item 1

1

Australian Reinsurance Pool Corporation—Chair

$28,510

$1,199

 

1

Australian Reinsurance Pool Corporation—Member

$14,260

$1,079

 

1

Takeovers Panel—Chair

$28,510

$1,199

Table 6B, item 2

1

Takeovers Panel—Member

$5,710

$1,199

Table 6B, item 2

1

Woomera Prohibited Area Advisory Board—Independent Chair

$14,830

$1,028

 

2

 

38  Special provisions for certain offices

                   The provisions in column 2 of the following table (Table 6B) apply for the purposes of paragraph 37(c).

 

Table 6B—Special provisions for certain offices

Item

Column 1

Description

Column 2

Special provision

1

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) the member appointed, as mentioned in paragraph 106ZPA(1)(c) of that Act, as a medical practitioner (within the meaning of that Act). To avoid doubt, this does not include a member who is a medical practitioner but whose appointment relates to another kind of practitioner (within the meaning of Part VAA of that Act).

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

2

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

  

39  Simplified outline of this Part

This Part applies to office holders of the Aboriginal Land Councils. Councillors may receive 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 7B sets out:

•      the individual office holders who receive daily fees; and

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

40  Application of this Part

                   This Part applies to office holders whose daily fees are set out in Table 7B.

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  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

$800

Northern Land Council—Member

If engaged on general Council business

$344

Northern Land Council—Member

If engaged on business of the executive

$520

Central Land Council—Chair

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

$800

Central Land Council—Member

If engaged on general Council business

$344

Central Land Council—Member

If engaged on business of the executive

$520

Anindilyakwa Land Council—Chair

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

$687

Anindilyakwa Land Council—Member

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

$344

Tiwi Land Council—Deputy Chair

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

$344

Tiwi Land Council—Member

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

$344

Tiwi Land Council Management Committee—Deputy Chair

If engaged on business of the Management Committee

$520

Tiwi Land Council Management Committee—Member

If engaged on business of the Management Committee

$520

 



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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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 2022

14 June 2022 (F2022L00768)

1 July 2022 (s 2(1) item 1)

 

Remuneration Tribunal Amendment Determination (No. 7) 2022

6 July 2022 (F2022L00957)

7 July 2022 (s 2(1) item 1)

Remuneration Tribunal Amendment Determination (No. 8) 2022

29 July 2022 (F2022L01031)

Sch 1 (items 4–18): 30 July 2022 (s 2(1) item 1)

Remuneration Tribunal Amendment Determination (No. 9) 2022

12 Aug 2022 (F2022L01067)

Sch 1 (items 12–13): 13 Aug 2022 (s 2(1) item 2)
Sch 1 (item 16): 28 Aug 2022 (s 2(1) item 3)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

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

rep LA s 48D

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

rep LA s 48C

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

am F2022L01067

Part 3

 

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

am F2022L00957; F2022L01031; F2022L01067

s 17...........................................

am F2022L01031; F2022L01067

Part 4

 

s 22...........................................

am F2022L01031

Schedule 1

 

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

rep LA s 48C