Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT) 1991 NO. 324

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 324

Remuneration Tribunal Act 1973

Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)

Issued by the Authority of the Minister for Industrial Relations

Section 13 of the Remuneration Tribunal Act 1973 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all 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.

Subsection 7(11) of the Act provides that, except as prescribed or authorised or approved by or under legislation, a person employed on a full-time basis (a full-time employee) of the Commonwealth or the Administration of a Territory, or by certain other bodies, is not entitled to be paid remuneration for performing the duties of a public office held on a part-time basis.

Subregulation 6(1) of the Regulations prescribes, for the purposes of subsection 7(11) of the Act, those part-time offices the holders of which are entitled to be paid remuneration, as determined by the Remuneration Tribunal.

Section 18 of the Military Superannuation and Benefits Act 1991 (the MSB Act) established the Military Superannuation and Benefits Board of Trustees No. 1. Section 21 of the MSB Act provides for its membership. The appointment of Trustees is in accordance with clause 4 of a Trust Deed which is a Schedule to the MSB Act. These provisions commenced operation on 1 October 1991.

The Board of Trustees comprises an independent Chairperson and four Trustees, two representing the employer and one officer and one person other than an officer (or "other rank") representing contributors. An exemption for the "other rank" member has been agreed on the basis that he or she, in performing duties as a Trustee, is representing interests of the Australian Defence Force (ADF) members as distinct from normal functions. Also, selection for membership of the Board of Trustees is based on "personal qualities" rather than a particular position held in the ADF.

To allow for these regulations to commence on the same day as the relevant provisions of the MSB Act, they have a retrospective date of effect of 1 October 1991.

The retrospective application of these regulations does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person.

Authority:       Section 13 of the Remuneration Tribunal Act 1973


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