Commonwealth Numbered Regulations - Explanatory Statements

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JUDICIAL AND STATUTORY OFFICERS (REMUNERATION AND ALLOWANCES) AMENDMENTREGULATIONS 1998 (NO. 1) 1998 NO. 309

Statutory Rules 1998 No. 309

Issued by the Authority of the Minister for Finance and Administration

Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

Judicial and Statutory Officers (Remuneration and Allowances) Amendment 1998

Subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984, provides that the Governor-General may make regulations to give effect to Section 8 of the Act.

Subsection 8(1) of the Act provides that where a person appointed to hold a statutory office in a full-time capacity was, immediately before the appointment, an officer (including an unattached officer) of the Australian Public Service, the person must if the regulations so provide, be paid during the period of the appointment to the first-mentioned office, in lieu of remuneration payable in respect of that office, remuneration at such rate as is specified in the regulations.

Regulations 2 and 4 of the Judicial and Statutory Officers (Remuneration and Allowances) Regulations (the Regulations) specify rates of remuneration for two office-holders, based on the rates of remuneration applying to their previous offices:

* Regulation 2 - the Australian Electoral Commissioner; and

* Regulation 4 - the Privacy Commissioner.

The rates of the remuneration for the Australian Electoral Commissioner and the Privacy Commissioner are derived from the rates of remuneration of Secretaries of Commonwealth Departments. Commencing 1 July 1998 the Remuneration Tribunal determined a 2% increase in the rates of salary of Departmental Secretaries. It is therefore necessary to adjust the remuneration of the Australian Electoral Commissioner and the Privacy Commissioner to maintain parity.

Regulation 3 provides that the Regulations are amended as set out in regulations 5 and 6.

Regulation 5 amends (current) Regulation 2 to adjust the remuneration of the Australian Electoral Commissioner by 2% from $134 589 to $137 281, effective from 1 July 1998.

Regulation 6 similarly amends (current) Regulation 4 to adjust the remuneration of the Privacy Commissioner by 2% from $154 777 to $157 873, effective from 1 July 1998.

The regulations commenced on 1 July 1998,