Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT) 1993 NO. 331

Statutory Rules 1993 No. 331

Issued by the authority of the Minister for Industrial Relations

Remuneration Tribunal Act 1973

Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)

Section 13 of the Remuneration Tribunal Act 1973 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

Subsection 5 (2) of the Act provides that one of the functions of the Remuneration Tribunal is to provide advice to government business enterprises in relation to terms and conditions (including remuneration and allowances) on which principal executive offices are held.

Paragraph 3 (4) (ra) of the Act enables an office to be declared by the regulations to be a principal executive office. These offices are declared by Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) in Schedule 1 to the Regulations. The office of the Managing Director of the Snowy Mountains Engineering Corporation Limited (SMEC) is item 14 of the Schedule.

As the Commonwealth has sold SMEC it is no longer a Government Business Enterprise and subsection 5 (2) of the Act should no longer apply. The Managing Director appointed by the Commonwealth resigned as of sale day. It is appropriate that the office of Managing Director of SMEC be removed from the Schedule to the Regulations.

The Regulations remove the office of the Managing Director of SMEC from the list of offices which are prescribed under the Act as offices on which the Tribunal may advise in relation to terms and conditions, including remuneration from 9 November 1993 the day on which the sale of SMEC was completed.

The Snowy Mountains Engineering Corporation Limited Sale Act 1993 (the Sale Act) provides the legal framework for the sale of SMEC.

Subsection 39 (1) of the Sale Act provides that subsection 48(2) of the Acts Interpretation Act 1901 (which provides that retrospective regulations will have no effect if they adversely affect the rights of a person or impose liabilities on a person) does not apply to regulations made under any Act that:

(a) are connected with the sale of SMEC; and

(b) include a declaration that the Governor-General is satisfied that they are connected with the sale of SMEC; and

(c) are expressed to take effect on the sale day.

Subsection 39 (2) of the Sale Act provides that regulations covered by subsection (1) take effect on the sale day.

These Regulations are connected with the sale of SMEC and have been made for the purposes of subsection 39 (1) of the Sale Act.

The Minister for Finance has declared 9 November 1993 as sale day by notice in Special Gazette No S 334 on Thursday 11 November 1993.

Details of the Regulations are as follows.

Regulation 1 provides for the amendment of the Remuneration Tribunal (Miscellaneous Provisions) Regulations.

Regulation 2 omits the Managing Director of SMEC from Schedule 1 (Principal Executive Offices).

Regulation 3 provides that these regulations are connected with the sale of SMEC.

The Regulations took effect on the sale day.