Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
1999
(Circulated by authority of the Minister for
Finance and Administration, the Hon John Fahey MP)
ISBN: 0642 426597
The purpose of this Bill is to amend the Ministers of State Act 1952
to allow for the appointment of Parliamentary Secretaries under section 64
of the Constitution and to increase the limit on the sum appropriated
from the Commonwealth Consolidated Revenue Fund in respect of Ministerial
salaries.
The effect of this change is to increase the maximum sum payable under
section 66 of the Constitution by $678,000. There will be, however, an
offsetting reduction of up to $120,000 per annum in expenses of office for
Parliamentary Secretaries.
Clause 1: Short title
This clause cites the Act as the
Ministers of State and Other Legislation Amendment Act 1999.
The commencement of the Act will occur on a date to be proclaimed.
Provides that each Act specified in a Schedule to the Act is to be amended or
repealed as set out in the applicable Schedule.
Schedule 1:
Amendment of the Ministers of State Act 1952
Item 1 of Schedule 1
amends the Ministers of State Act 1952 by repealing section 4 of that
Act, which provided that:
‘[t]he number of Ministers of State shall
not exceed 30’;
and substituting the following:
‘[t]he
number of the Ministers of State must not exceed:
(a) in the case of those
designated, when appointed by the Governor-General, as Parliamentary Secretary
– 12; and
(b) in the case of those not so designated –
30.’
The Governor-General may appoint up to 12 persons as
Parliamentary Secretaries in accordance with sections 64 and 65 of the
Constitution. When giving a direction for the purposes of section 65, the
Governor-General may direct that the Parliamentary Secretaries may be further
identified, for example: Parliamentary Secretary – Finance and
Administration.
Item 2 of Schedule 1 amends section 5 of the Ministers
of State Act 1952 by omitting the figure $1,622,000 and substituting the
figure $2,300,000. When so amended, section 5 of that Act will
provide:
‘[t]he annual sum payable under section 66 of the
Constitution for the salaries of the Ministers of State must not exceed
$2,300,000 in a financial year.’
Schedule 2: Repeal of the
Parliamentary Secretaries Act 1980
Item 1 of Schedule 2 repeals
the Parliamentary Secretaries Act 1980. This Act will no longer provide
the basis for the appointment of Parliamentary Secretaries.
Item 2 of
Schedule 2 saves the amendments to the Remuneration Tribunal Act 1973
made by section 5 of the Parliamentary Secretaries Act 1980. Some of
these amendments are, however, affected by Schedule 3.
Schedule 3:
Amendment of the Remuneration Tribunal Act 1973
Items 1 to 5 omit
words or repeal paragraphs and subsections in the Remuneration Tribunal Act
1973 which include redundant references to Parliamentary Secretaries -
including the limitation on the Remuneration Tribunal’s powers to
determine allowances (other than by way of reimbursement) for Parliamentary
Secretaries. These consequential amendments are required following the repeal
of the Parliamentary Secretaries Act 1980.
Schedule 4:
Amendment of the Freedom of Information Act 1982
Item 1 of
Schedule 4 repeals the definition of ‘Minister’ in subsection 4(1)
of the Freedom of Information Act 1982 (‘the FOI Act’), which
is required following the repeal of the Parliamentary Secretaries Act
1980. This amendment makes no difference to the application of the FOI Act,
as Parliamentary Secretaries appointed under section 64 of the Constitution will
automatically be caught by the definition of Minister wherever it appears in
that Act.