Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT) 1994 NO. 67

Statutory Rules 1994 No. 67

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 an appointment which has been prescribed for the purposes of the paragraph. The effect of this is to remove these appointments from the jurisdiction of the Remuneration Tribunal (the Tribunal).

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.

An inquiry into the Australian Secret Intelligence Service has been established by by the issue of separate Letters Patent, under the Royal Commissions Act 1902 and other enabling powers, to the Honourable Gordon Jacob Samuels AC QC and Mr Michael Henry Codd AC (the Commissioners).

The Letters Patent require a report to be furnished as expeditiously as possible, but not later than 31 December 1994.

Remuneration for Commissioners 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, remuneration for the Commissioners has been determined by the Government.

Accordingly, the appointment of a person as a Commissioner to inquire into the Australian Secret Intelligence Service has been prescribed as an appointment to which paragraph 3(4)(v) of the Act applies.

The proposed Regulations commenced on gazettal.