Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT) 1994 NO. 466

EXPLANATORY STATEMENT

Statutory Rules 1994 No. 466

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 Governor-General may make regulations for the purposes of the Act.

Paragraph 3(4)(v) of the Act provides in part that a reference to a public office does not include a reference to an appointment which has been prescribed for the purposes of the paragraph.

Regulation 5 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) prescribes offices and appointments for the purposes of paragraph 3(4)(v) of the Act.

Under the Royal Commissions Act 1902 and other enabling powers, a person has been appointed as Commissioner to inquire separately into the administration of the Civil Aviation Authority, in connection with the appropriateness of certain actions by officers of the Authority in relation to the operations of Seaview Air and the implications of the findings therefrom for ensuring total propriety in air safety administration (the Inquiry).

The Inquiry was established an 25 October 1994 by Letters Patent, and Sir Laurence Street was appointed by commission to conduct the Inquiry. The Letters Patent required Sir Laurence to report on the Inquiry by 27 January 1995. It became clear that this report would not be finalised by that date and, for this reason, the period of the Inquiry has been extended until 31 May 1995.

Remuneration for Commissioners appointed under the Royal Commissions Act 1902 has in the past been established by different processes including determination by the Tribunal, or by the Government based on legal or consultancy fees. In this case it was proposed that remuneration for the Commissioner be determined by the Government.

Accordingly, the appointment of the Honourable James Staunton as a Commissioner, commencing on 3 January 1995, to inquire into matters relating to the operations of the Civil Aviation Authority in connection with certain operations of Seaview Air, has been prescribed for the purposes of paragraph 3(4)(v) of the Act.

The Regulations commenced on 3 January 1995.


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