Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT)1997 NO. 291

Statutory Rules 1997 No. 291

(Issued-by authority of the Minister for Workplace Relations and Small Business)

Remuneration Tribunal Act 19 73

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.

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 the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) in Schedule 1 to the Regulations.

The regulations amend Schedule 1 of the Regulations to include 'Managing Director, Housing Loans Insurance Corporation Limited', 'Chef Executive Officer, Client Service Delivery Agency' and 'Chief Executive Officer, Health Services Australia Limited', for the purpose of determining the remuneration package of these offices.

The Housing Loans Insurance Corporation (HLIC) has been restructured, and part of this process involves the transfer of the HLIC to a new government-owned company (HLIC Ltd) established under the Corporations Law. It is appropriate therefore that the Board be ultimately responsible for determining the remuneration package for the Managing Director of HLIC Ltd. In order to achieve this outcome, the position of Managing Director, HLIC Ltd has been prescribed as a principal executive office so that the remuneration package of that office can be determined by the Board, in consultation with the Tribunal.

The Commonwealth Services Delivery Agency (CSDA) has been established to provide a range of services which are currently delivered by different departments. The CSDA will be wholly funded through the provision of funds made available by purchaser departments under the terms of service level agreements. It is appropriate therefore that the Board be ultimately responsible for determining the remuneration package for the Chief Executive Officer of the CSDA. In order to achieve this outcome, the position of Chief Executive Officer of the CSDA has been prescribed as a principal executive office so that the remuneration package of that office can be determined by the Board in consultation with the Tribunal.

Health Services Australia Limited (HSA) has been established as an incorporated company on 1 June 1997 to provide medical advisory and health assessment services. HSA will be totally funded through funds made available from purchaser departments and the wider market place. It is appropriate therefore that the Board be ultimately responsible for determining the remuneration package for the Chief Executive Officer. In order to achieve this outcome the position of Chief Executive Officer of HSA has been prescribed as a principal executive office, so that the remuneration package can be determined by the Board in consultation with the Tribunal.

Schedule 1 is amended to allow for renumbering of the items. The amendments also revise Item 4 of the Schedule. It previously referred to the position of Chief Executive Officer, Civil Aviation Authority. This position no longer exists. It has been replaced by the position of Director of Aviation Safety, Civil Aviation Safety Authority.

The Regulations are taken to have commenced on 1 July 1997.

The retrospective operation of the Regulations does not breach section 48 of the Acts Interpretation Act 1901 as it does not affect the tights of a person to that person's disadvantage or impose a liability on a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date of notification.