Commonwealth Numbered Regulations - Explanatory Statements

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JUDICIAL AND STATUTORY OFFICERS (REMUNERATION AND ALLOWANCES) REGULATIONS(AMENDMENT) 1997 NO. 49

Statutory Rules 1997 No. 49

Issued by the Authority of the Minister for Industrial Relations

Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment)

Under subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 (the Act), 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 (APS), 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 3 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.

The proposed amendments to the Regulations maintain those levels of remuneration following changes in the rate of salary applying to the offices previously occupied by the two office holders.

Proposed Regulation 2 relates to a Commissioner at the Australian Electoral Commission and adjusts the rate of remuneration of the office holder to accord with that determined by the Remuneration Tribunal for Secretaries to Departments, with effect from the same date as the date of effect determined by the Tribunal for Secretaries.

Proposed subregulation 2.1 omits paragraphs (c) and (d) of Regulation 2 (which refer to earlier dates of effect) and substitutes periods commencing on 30 April 1996.

Proposed Regulation 3 relates to the Director of the Australian Institute of Health and Welfare and adjusts the rate of remuneration of the officer holder to accord with that applying to Senior Executive Service Band 3, with effect from the same date as the date of effect applying to that classification.

Proposed subregulation 3.1 omits paragraphs (c) and (d) of Regulation 2 (which refer to earlier dates of effect) and substitute periods commencing on 30 April 1996.

The regulations commence on the date of Gazettal.