Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION (ALLOWANCES) AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 102

EXPLANATORY STATEMENT

Statutory Rules 2003 No. 102

Issued by the authority of the Minister for Employment and Workplace Relations

Workplace Relations Act 1996

Australian Industrial Relations Commission (Allowances) Amendment Regulations 2003 (No. 1)

The Workplace Relations Legislation Amendment Act 2002 (WRLA Act) received the Royal Assent on 11 December 2002.

Section 359 of the Workplace Relations Act 1996 (WR Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

Regulations 4 to 10 of the Australian Industrial Relations Commission (Allowances) Regulations 2001 deal with motor vehicle and travelling allowances for members of the Australian Industrial Relations Commission (AIRC). Following the proclamation of new provisions in the WR Act and the Remuneration Tribunal Act 1973 (dealt with separately), the Remuneration Tribunal is to take over responsibility for the determination of travelling allowances for AIRC members for travel in Australia.

Flexibility is to be retained to prescribe other allowances for AIRC members under the WR Act as may be required from time to time.

The purpose of these Regulations is to amend the Australian Industrial Relations Commission (Allowances) Regulations 2001 to omit all references to travelling allowances for AIRC members.

The Regulations preserve the rate of motor vehicle allowances for AIRC members for the use of a private motor vehicle for travel undertaken because of the duties of the member that are specified in Part 3 of Remuneration Tribunal Determination No 2000/06.

The Regulations include a transitional provision to ensure that the regulations as in force immediately before commencement of these Regulations continue to apply to travelling allowance for an AIRC member until the Remuneration Tribunal makes a determination dealing with travelling allowance applying to that member.

Details of the Regulations are set out in the Attachment.

The Regulations commence on the commencement of items 25 to 27 of Schedule 3 to the WRLA Act, being the date fixed by Proclamation under a separate Minute.

Authority:       Section 359 of the Workplace Relations Act 1996

ATTACHMENT

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION (ALLOWANCES) AMENDMENT REGULATIONS 2003 (No. 1)

Regulation 1

Regulation 1 sets out the name of the regulations.

Regulation 2

Regulation 2 provides for the commencement of the regulations on the commencement of items 25 to 27 of Schedule 3 to the Workplace Relations Legislation Amendment Act 2002 (WRLA Act).

Regulation 3

Regulation 3 provides for Schedule 1 to amend the Australian Industrial Relations Commission (Allowances) Regulations 2001.

Item 1 - Regulation 4, definition of motor vehicle allowance

The definition is omitted.

Item 2 - Regulations 5 to 10

Regulations 5 to 10, which provide for travel and motor vehicle allowances, are omitted and new regulations substituted to provide, under the provisions of the Workplace Relations Act 1996 (WR Act) for prescribed allowances for respectively the President, Vice Presidents, Senior Deputy Presidents, Deputy Presidents and Commissioners, the rate of motor vehicle allowance for use of a private motor vehicle for travel undertaken because of the duties of the member that are specified in Part 3 of Remuneration Tribunal Determination No 2000/06.

These Regulations are consequent on amendments to the Remuneration Tribunal Act 1973 and the WR Act made by the WRLA Act to enable the Remuneration Tribunal to take over responsibility for the determination of travelling allowances for AIRC members for travel in Australia.

Regulation 4

Regulation 4 provides a transitional provision to ensure that the regulations as in force immediately before the commencement of these Regulations continue to apply to travelling allowance for an AIRC member until the Remuneration Tribunal makes a determination dealing with travelling allowance applying to that member.


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