Commonwealth Numbered Regulations - Explanatory Statements

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INDEPENDENT NATIONAL SECURITY LEGISLATION MONITOR REGULATIONS 2011 (SLI NO 53 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 53

 

 

Issued by the authority of the Prime Minister

 

Independent National Security Legislation Monitor Act 2010

Independent National Security Legislation Monitor Regulations 2011

The Independent National Security Legislation Monitor Act 2010 (the Act) establishes the Office of the Independent National Security Legislation Monitor (the Monitor), whose role is to review the operation, effectiveness and implications of Australia's national security and counter-terrorism legislation on an ongoing basis.

The Act states that the Monitor will be appointed on a part-time basis.

Section 32 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Subsections 13(1) and (2) of the Act provide:

 

13 (1)   The Independent National Security Legislation Monitor is to be paid such

remuneration as is determined by the Remuneration Tribunal. If no determination of

that remuneration is in operation, the Monitor is to be paid such remuneration as is

prescribed by the regulations.

13 (2)   The Independent National Security Legislation Monitor is to be paid the allowances that are prescribed by the regulations.

These Regulation specify the Monitor's remuneration where no determination of remuneration is operating currently, and specify the Monitor's allowances.

Under the Regulation, the Monitor's annual remuneration will be $243,390, comprising $207,720 in salary and superannuation, and $35,670 in allowances.

These Regulations also provide for the Prime Minister to determine an additional amount of annual remuneration to be paid for the Monitor in the event that the Monitor undertakes work referred by the Prime Minister, or the Committee on Intelligence and Security, that is materially more than the amount of work that the Monitor could reasonably be expected to undertake under the terms and conditions on which the Monitor was appointed. 

The additional amount of remuneration must be proportionate to the amount by which the work involved in undertaking the reference is greater than the amount of work the Monitor could reasonably be expected to undertake under the terms and conditions of appointment.

These Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

In accordance with section 17 of the Legislative Instruments Act 2003, consultation was undertaken with the Attorney-General's Department and the Office of Best Practice Regulation.

These regulations commenced on the day after they are registered


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