REMUNERATION TRIBUNAL ACT 1973

This compilation was prepared on 5 August 2009
taking into account amendments up to Act No. 70 of 2009

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Notes to the Remuneration Tribunal Act 1973

Note 1

The Remuneration Tribunal Act 1973 as shown in this compilation comprises Act No. 215, 1973 amended as indicated in the Tables below.

The Remuneration Tribunal Act 1973 was amended by the Public Employment (Consequential and Transitional) Regulations 1999 (Statutory Rules 1999 No. 301 as amended by Statutory Rules 2000 No. 332) and the Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1) (SLI 2006 No. 50 as amended by 2006 No. 119). The amendments are incorporated in this compilation.

All relevant information pertaining to application, saving or transitional provisions prior to 16 December 1995 is not included in this compilation. For subsequent information see Table A.

The Remuneration Tribunal Act 1973 was modified by the A.C.T. Self‑Government (Consequential Provisions) Regulations (1989 No. 3 as amended) see Table B.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Remuneration Tribunal Act 1973	215, 1973	19 Dec 1973	19 Dec 1973
Remuneration Tribunals Act 1974	80, 1974	16 Oct 1974	16 Oct 1974	--
Defence Force Re‑organization Act 1975	96, 1975	9 Sept 1975	Ss. 182 and 183(a): 28 Oct 1975 (see Gazette 1975, No. G42, p. 2) (a) S. 183(b): 9 Feb 1976 (see Gazette 1975, No. G42, p. 2) (a)	--
Remuneration Tribunals Amendment Act 1978	60, 1978	22 June 1978	1 July 1978	--
Remuneration Tribunals Amendment Act (No. 2) 1978	178, 1978	30 Nov 1978	31 Jan 1979 (see Gazette 1979, No. S12)	S. 6
Remuneration Tribunals Amendment Act 1979	26, 1979	30 May 1979	7 Aug 1979 (see s. 2 and Gazette 1979, No. S159)	--
Remuneration Tribunals Amendment Act (No. 2) 1979	108, 1979	25 Oct 1979	2 June 1979	--
Remuneration Tribunals Amendment Act (No. 3) 1979	136, 1979	23 Nov 1979	23 Nov 1979	--
Australian Federal Police (Consequential Amendments) Act 1979	155, 1979	28 Nov 1979	19 Oct 1979 (see s. 2 and Gazette 1979, No. S206)	--
Parliamentary Secretaries Act 1980	160, 1980	10 Dec 1980	10 Dec 1980	--
Statute Law Revision Act 1981	61, 1981	12 June 1981	S. 117: Royal Assent (b)	--
Commonwealth Functions (Statutes Review) Act 1981	74, 1981	18 June 1981	Part XX (ss. 255, 256): Royal Assent (c)	--
Statute Law (Miscellaneous Amendments) Act 1981	176, 1981	2 Dec 1981	Part XIX (s. 68): 30 Dec 1981 (d)	--
Remuneration and Allowances Amendment Act 1982	78, 1982	19 Sept 1982	19 Sept 1982	Ss. 2(2) and 13(2)-(4)
Public Service Acts Amendment Act 1982	111, 1982	5 Nov 1982	S. 95: 30 June 1984 (see Gazette 1984, No. S245) (e)	--
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983	39, 1983	20 June 1983	S. 3: 18 July 1983 (f)	S. 7(1)
Remuneration and Allowances Amendment Act 1983	128, 1983	22 Dec 1983	Part IV (ss. 9, 10): Royal Assent (g)	--
Public Service Reform Act 1984	63, 1984	25 June 1984	S. 149: Royal Assent (h) Ss. 150 and 152(1): 20 July 1984 (see Gazette 1984, No. S276) (h) S. 151(1): 1 July 1984 (see Gazette 1984, No. S245) (h)	S. 151(9)
Remuneration and Allowances Amendment Act 1984	73, 1984	25 June 1984	25 June 1984	--
Defence Legislation Amendment Act 1984	164, 1984	25 Oct 1984	S. 120: Royal Assent (j)	S. 120(2) and (3)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	S. 3: 3 July 1985 (k)	--
Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985	187, 1985	16 Dec 1985	Part VIII (s. 60): 6 Jan 1986 (see Gazette 1985, No. S551) (l)	--
Industrial Relations (Consequential Provisions) Act 1988	87, 1988	8 Nov 1988	S. 86: 1 Mar 1989 (m)	Ss. 89(3), 90(3), 91, 92 and 94
as amended by
Industrial Relations Legislation Amendment Act (No. 2) 1990	108, 1990	18 Dec 1990	Ss. 8, 13 and 21: 1 Feb 1991 (see s. 2(4) and Gazette 1991, No. S18) Ss. 22-24: 1 Mar 1989 S. 26: 1 Jan 1990 S. 33: 25 Mar 1991 (see Gazette 1991, No. S73) Remainder: Royal Assent	--
A.C.T. Self‑Government (Consequential Provisions) Act 1988	109, 1988	6 Dec 1988	S. 32: 7 Dec 1988 (see Gazette 1988, No. S374) (n)	--
as amended by
Australian Capital Territory Government Service (Consequential Provisions) Act 1994	92, 1994	29 June 1994	1 July 1994 (see Gazette 1994, No. S256)	Ss. 24-26
Government Business Enterprises (Miscellaneous Reforms) Act 1988	123, 1988	14 Dec 1988	Part II (ss. 3-12): 26 Jan 1989 Part VI (ss. 26-31): 1 Jan 1989 (see Gazette 1988, No. S399) Part VII (ss. 32-37): 14 Nov 1988 Remainder: Royal Assent	--
Community Services and Health Legislation Amendment Act 1989	95, 1989	28 June 1989	Part 6 (ss. 63, 64): Royal Assent (o)	S. 64(2)
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989	149, 1989	27 Nov 1989	5 Mar 1990 (see s. 2 and Gazette 1990, No. S48)	--
Aboriginal and Torres Strait Islander Commission Act 1989	150, 1989	27 Nov 1989	5 Mar 1990 (see Gazette 1990, No. S48)	--
Judicial and Statutory Officers Remuneration Legislation Amendment Act 1989	152, 1989	5 Dec 1989	Ss. 3, 5(1)-(3), (5) and 6-10: 1 Mar 1989 S. 5(4): 25 May 1988 Remainder: Royal Assent	S. 15
University of Canberra Act 1989	179, 1989	28 Dec 1989	1 Jan 1990	--
Parliamentary Entitlements Act 1990	28, 1990	24 May 1990	24 May 1990	S. 13(2)
Industrial Relations Legislation Amendment Act 1991	122, 1991	27 June 1991	Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 Ss. 28(b)-(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332) Remainder: Royal Assent	S. 31(2)
as amended by
Remuneration and Allowances Legislation Amendment Act 1992	52, 1992	22 June 1992	(see 52, 1992 below)	--
Remuneration and Allowances Legislation Amendment Act 1992	52, 1992	22 June 1992	Part 3 (ss. 13, 14): 27 June 1991 Ss. 16 and 17(1): 20 June 1990 S. 17(2): 1 July 1990 S. 19(1): 1 Jan 1990 Remainder: Royal Assent	Ss. 21-23
Territories Law Reform Act 1992	104, 1992	30 June 1992	S. 25: Royal Assent (p)	--
Industrial Relations Legislation Amendment Act (No. 2) 1992	215, 1992	24 Dec 1992	Part 1 (ss. 1, 2) and Part 3 (ss. 9, 10): Royal Assent Parts 9-11 (ss. 34-40): 18 Feb 1991 Remainder: 21 Jan 1993	--
Industrial Relations and other Legislation Amendment Act 1993	109, 1993	22 Dec 1993	Ss. 1, 2 and 58: Royal Assent S. 32: 5 Jan 1994 S. 34: 6 Sept 1991 S. 47: 24 Dec 1992 Remainder: 19 Jan 1994	--
Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993	1, 1994	14 Jan 1994	S. 80: 1 July 1994 (q)	--
Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995	20, 1995	29 Mar 1995	1 June 1995 (see Gazette 1995, No. GN18)	--
Industrial Relations and other Legislation Amendment Act 1995	168, 1995	16 Dec 1995	Ss. 1-12, Schedules 5 and 7-10: Royal Assent S. 13: 13 Jan 1996 Remainder: 15 Jan 1996 (see Gazette 1996, No. S16)	Sch. 9 (item 4) [see Table A]
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 2 (item 90): (r) Schedule 5 (items 135-137): Royal Assent (r)	--
Defence Legislation Amendment Act (No. 1) 1997	1, 1997	19 Feb 1997	Schedule 2 (items 49, 88, 114): Royal Assent (s)	--
Education Legislation Amendment Act 1997	66, 1997	30 May 1997	Schedule 1 (Part 3) and Schedule 1 (items 19-23): (t)	Sch. 1 (items 19-23) [see Table A]
Fisheries Legislation Amendment Act 1997	120, 1997	7 July 1997	7 July 1997	--
Defence Legislation Amendment Act (No. 1) 1999	116, 1999	22 Sept 1999	Schedule 5 (item 13): (u)	--
Human Rights Legislation Amendment Act (No. 1) 1999	133, 1999	13 Oct 1999	Ss. 1-3 and 21: Royal Assent S. 22 and Schedule 1 (items 53, 60): 10 Dec 1999 (see Gazette 1999, No. S598) Remainder: 13 Apr 2000	Ss. 4-22 [see Table A]
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 776-781): 5 Dec 1999 (see Gazette 1999, No. S584) (v)	--
Australian Security Intelligence Organisation Legislation Amendment Act 1999	161, 1999	10 Dec 1999	Schedule 3 (items 1, 56): (w)	--
Ministers of State and Other Legislation Amendment Act 2000	1, 2000	29 Feb 2000	10 Mar 2000 (see Gazette 2000, No. S112)	--
Dairy Industry Adjustment Act 2000	22, 2000	3 Apr 2000	3 Apr 2000	--
Remuneration Tribunal Amendment Act 2001	27, 2001	6 Apr 2001	Schedule 1: 4 May 2001 (see Gazette 2001, No. S159) Remainder: Royal Assent	S. 4 and Sch. 1 (item 13) [see Table A]
Workplace Relations Legislation Amendment Act 2002	127, 2002	11 Dec 2002	Schedule 3 (items 20-22): 29 May 2003 ( see Gazette 2003, No. S174)	--
Aboriginal and Torres Strait Islander Commission Amendment Act 2005	32, 2005	22 Mar 2005	Schedule 4 (items 80, 81): 24 Mar 2005	--
Parliamentary Service Amendment Act 2005	39, 2005	1 Apr 2005	1 Apr 2005	--
Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006	125, 2006	4 Nov 2006	Schedules 1-3: 1 July 2007 (see s. 2(1)) Remainder: Royal Assent	--
Medibank Private Sale Act 2006	160, 2006	11 Dec 2006	Schedule 3 (item 4): [see Note 2]	--
Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007	32, 2007	30 Mar 2007	Schedule 1 (item 60): 1 Apr 2007 (see s. 2(1))	--
Maritime Legislation Amendment Act 2007	150, 2007	24 Sept 2007	Schedule 1: 1 Jan 2008 (see F2007L04141) Remainder: Royal Assent	--
Statute Law Revision Act 2008	73, 2008	3 July 2008	Schedule 4 (items 446-449): 4 July 2008	--
Dairy Adjustment Levy Termination Act 2008	123, 2008	25 Nov 2008	Schedule 3 (item 3): (x)	--
Fair Work (State Referral and Consequential and Other Amendments) Act 2009	54, 2009	25 June 2009	Schedule 8 (items 104-108, 160, 161): (y)	Sch. 8 (items 160, 161) [see Table A]
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009	70, 2009	8 July 2009	Schedule 3 (items 71-73): 5 Aug 2009	--

(a) The Remuneration Tribunal Act 1973 was amended by sections 182 and 183 only of the Defence Force Re‑organization Act 1975, section 2 of which provides as follows:

2 This Part shall come into operation on the day on which this Act receives the Royal Assent, and the remaining provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation.

(b) The Remuneration Tribunal Act 1973 was amended by section 117 only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(c) The Remuneration Tribunal Act 1973 was amended by Part XX (sections 255 and 256) only of the Commonwealth Functions (Statutes Review) Act 1981, subsection 2(1) of which provides as follows:

(1) Parts I, IV, IX, X, XI, XII, XIII, XV, XVII (other than sections 220, 221, 222, 223, 225, 226, 227, 228 and 230), XX, XXI, XXII and XXIII shall come into operation on the day on which this Act receives the Royal Assent.

(d) The Remuneration Tribunal Act 1973 was amended by Part XIX (section 68) only of the Statute Law (Miscellaneous Amendments) Act 1981, subsection 2(12) of which provides as follows:

(12) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.

(e) The Remuneration Tribunal Act 1973 was amended by section 95 only of the Public Service Acts Amendment Act 1982, subsection 2(4) of which provides as follows:

(4) The remaining provisions of this Act shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation.

(f) The Remuneration Tribunal Act 1973 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(g) The Remuneration Tribunal Act 1973 was amended by Part IV (sections 9 and 10) only of the Remuneration and Allowances Amendment Act 1983, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(h) The Remuneration Tribunal Act 1973 was amended by sections 149, 150, 151(1) and 152(1) only of the Public Service Reform Act 1984, subsections 2(1) and (4) of which provide as follows:

(1) Sections 1, 2, 3, 4 and 7, subsections 29(1) and (3), sections 107 and 108, Parts III and IV and sections 125, 138, 142, 144 and 149 shall come into operation on the day on which this Act receives the Royal Assent.

(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

(j) The Remuneration Tribunal Act 1973 was amended by section 120 only of the Defence Legislation Amendment Act 1984, subsection 2(2) of which provides as follows:

(2) Section 1, this section and sections 16, 17, 18, 19 and 120 and Part XIV shall come into operation on the day on which this Act receives the Royal Assent.

(k) The Remuneration Tribunal Act 1973 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(l) The Remuneration Tribunal Act 1973 was amended by Part VIII (section 60) only of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985, subsection 2(1) of which provides as follows:

(1) Subject to subsections (2) and (3), this Act shall come into operation on the commencing day.

Section 3 of the Australian Trade Commission Act 1985 defines "commencing day" as the day fixed by Proclamation for the purposes of subsection 2(2) of that Act.

(m) The Remuneration Tribunal Act 1973 was amended by section 86 only of the Industrial Relations (Consequential Provisions) Act 1988, subsection 2(2) of which provides as follows:

(2) The remaining provisions of this Act commence on the commencement of section 8 of the Industrial Relations Act 1988.

(n) The Remuneration Tribunal Act 1973 was amended by section 32 only of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:

(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.

(o) The Remuneration Tribunal Act 1973 was amended by Part 6 (sections 63 and 64) only of the Community Services and Health Legislation Amendment Act 1989, subsection 2(1) of which provides as follows:

(1) Subject to subsections (2), (3), (4), (5), (6), (7), (8), (9) and (10), this Act commences on the day on which it receives the Royal Assent.

(p) The Remuneration Tribunal Act 1973 was amended by section 25 only of the Territories Law Reform Act 1992, subsection 2(1) of which provides as follows:

(1) Sections 1, 2, 25 and 26 commence on the day on which this Act receives the Royal Assent.

(q) The Remuneration Tribunal Act 1973 was amended by section 80 only of the Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993, subsection 2(3)(b) of which provides as follows:

(3) The following provisions commence on 1 July 1994:

(b) Part 28 (other than Subdivision A of Division 2) and Schedules 2 and 3.

(r) The Remuneration Tribunal Act 1973 was amended by Schedule 2 (item 90) and Schedule 5 (items 135-137) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:

(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

Item 90 is taken to have commenced immediately after the commencement of section 9 of the Remuneration Tribunal Act 1974. Section 9 of the Remuneration Tribunal Act 1974 commenced on 16 October 1974.

(s) The Remuneration Tribunal Act 1973 was amended by Schedule 2 (items 49, 88 and 114) only of the Defence Legislation Amendment Act (No. 1) 1997, subsection 2(1) of which provides as follows:

(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(t) The Remuneration Tribunal Act 1973 was amended by Schedule 1 (Part 3) only of the Education Legislation Amendment Act 1997, subsections 2(3) and (4) of which provide as follows:

(3) If Part 1 of Schedule 1 does not commence under subsection (2) within 6 months after the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

(4) Parts 2, 3 and 4 of Schedule 1 commence immediately after the commencement of Part 1 of Schedule 1.

Part 1 commenced on 1 December 1997.

(u) The Remuneration Tribunal Act 1973 was amended by Schedule 5 (item 13) only of the Defence Legislation Amendment Act (No. 1) 1999, subsection 2(4) of which provides as follows:

(4) Schedule 5 commences on 1 January 2001.

(v) The Remuneration Tribunal Act 1973 was amended by Schedule 1 (items 776-781) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(w) The Remuneration Tribunal Act 1973 was amended by Schedule 3 (items 1 and 56) only of the Australian Security Intelligence Organisation Legislation Amendment Act 1999, subsection 2(2) of which provides as follows:

(2) Subject to subsections (3) to (6), Schedule 3 commences immediately after the commencement of the other Schedules to this Act.

The other Schedules commenced on Royal Assent.

(x) Subsection 2(1) (item 5) of the Dairy Adjustment Levy Termination Act 2008 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
5. Schedule 3, item 3	Immediately after the day specified for the purposes of subclause 55(2) of Schedule 2 to the Dairy Produce Act 1986.	31 December 2008 (see F2008L04779)

(y) Subsection 2(1) (items 24 and 30) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:

Provision(s)	Commencement	Date/Details
24. Schedule 8, items 1 to 130	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009 (see F2009L02563)
30. Schedule 8, items 140 to 161	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009 (see F2009L02563)

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Title .....................................	am. No. 80, 1974; No. 160, 1980; No. 87, 1988; No. 122, 1991
Part I
Heading to Part I .................	ad. No. 80, 1974
S. 1 .....................................	am. No. 80, 1974; No. 87, 1988
Part II
Heading to Part II ................	ad. No. 80, 1974
	rs. No. 146, 1999
Division 1
Heading to Div. 1 of Part II...	ad. No. 146, 1999
S. 3 .....................................	am. No. 80, 1974; No. 96, 1975; Nos. 60 and 178, 1978; Nos. 26, 108 and 155, 1979; No. 160, 1980; No. 176, 1981; No. 78, 1982; No. 39, 1983; No. 164, 1984; Nos. 65 and 187, 1985; No. 87, 1988; No. 109, 1988 (as am. by No. 92, 1994); No. 123, 1988; Nos. 152 and 179, 1989; No. 28, 1990; No. 122, 1991 (as am. by No. 52, 1992); Nos. 52 and 104, 1992; No. 109, 1993; No. 43, 1996; Nos. 1 and 66, 1997; Nos. 116 and 161, 1999; No. 1, 2000; No. 27, 2001; SLI 2006 Nos. 50 and 119; No. 125, 2006; No. 150, 2007; No. 54, 2009
Ss. 3A-3C ..........................	ad. No. 27, 2001
Division 2
Heading to Div. 2 of Part II...	ad. No. 146, 1999
S. 4 .....................................	am. No. 80, 1974; No. 178, 1978; No. 39, 1983; Nos. 63 and 73, 1984; No. 122, 1991; Nos. 52 and 215, 1992; No. 109, 1993; No. 43, 1996; Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332)
S. 4A ..................................	ad. No. 39, 1983
	am. No. 109, 1993; No. 43, 1996
S. 4B ..................................	ad. No. 122, 1991
	am. No. 109, 1993
S. 5 .....................................	am. No. 73, 1984; Nos. 87 and 123, 1988; No. 109, 1993; No. 168, 1995; No. 66, 1997; No. 146, 1999; No. 27, 2001; No. 39, 2005; SLI 2006 No. 50; No. 150, 2007; No. 54, 2009
S. 6 .....................................	am. No. 80, 1974; No. 178, 1978; No. 73, 1984; No. 87, 1988; No. 152, 1989; No. 122, 1991; No. 109, 1993; No. 43, 1996
S. 7 .....................................	am. No. 80, 1974; No. 178, 1978; No. 160, 1980; No. 74, 1981; Nos. 78 and 111, 1982; Nos. 63 and 73, 1984; No. 87, 1988; Nos. 95, 149, 150 and 152, 1989; No. 122, 1991; No. 104, 1992; No. 109, 1993; Nos. 1 and 92, 1994; Nos. 20 and 168, 1995; No. 43, 1996; No. 120, 1997; No. 146, 1999; Nos. 1 and 22, 2000; No. 27, 2001; No. 127, 2002; No. 32, 2005; SLI 2006 No. 50; No. 32, 2007; Nos. 73 and 123, 2008; No. 54, 2009
S. 7A ..................................	ad. No. 78, 1982
	rep. No. 104, 1992
S. 8 .....................................	am. No. 80, 1974; No. 160, 1980; No. 111, 1982; No. 128, 1983; No. 63, 1984; No. 87, 1988; No. 122, 1991; No. 168, 1995; No. 43, 1996; Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332); No. 1, 2000
S. 8A ..................................	ad. No. 122, 1991
Ss. 8B, 8C ..........................	ad. No. 109, 1993
	am. No. 133, 1999; No. 70, 2009
S. 9 .....................................	am. No. 43, 1996
S. 10 ...................................	am. No. 109, 1993; No. 43, 1996
S. 11 ...................................	am. No. 43, 1996
S. 12AA .............................	ad. No. 39, 1983
	am. No. 123, 1988; No. 43, 1996
Division 3
Div. 3 of Part II.....................	ad. No. 146, 1999
Part III ..................................	ad. No. 80, 1974
	rep. No. 87, 1988
S. 12A ................................	ad. No. 80, 1974
	am. No. 136, 1979; No. 61, 1981
	rep. No. 87, 1988
S. 12B ................................	ad. No. 80, 1974
	am. No. 178, 1978
	rep. No. 87, 1988
S. 12C ................................	ad. No. 80, 1974
	am. No. 178, 1978; No. 136, 1979
	rep. No. 87, 1988
	ad. No. 146, 1999
	am. No. 27, 2001
S. 12D ................................	ad. No. 80, 1974
	am. No. 178, 1978
	rs. No. 136, 1979
	rep. No. 87, 1988
Ss. 12DA-12DD .................	ad. No. 136, 1979
	rep. No. 87, 1988
Ss. 12E, 12F .......................	ad. No. 80, 1974
	rep. No. 87, 1988
S. 12G ................................	ad. No. 39, 1983
	rep. No. 87, 1988
Part IV
Heading to Part IV ..............	ad. No. 80, 1974

Table A

Application, saving or transitional provisions

Industrial Relations and other Legislation Amendment Act 1995
(No. 168, 1995)

Schedule 9

4 Continuance of determinations until new conditions substituted

(1) Despite the amendments of the Remuneration Tribunal Act 1973 made by this Act, any determination of the Remuneration Tribunal:

(a) that relates to the salary payable to the Vice‑Chancellor or Deputy Vice‑Chancellor of the Australian National University; and

(b) that was in force immediately before those amendments;

continues in force in relation to that office until such time as the Council of the Australian National University makes a determination in substitution for that determination as so continued in force.

(2) Despite the amendments of the Remuneration Tribunal Act 1973 made by this Act, any determination of the Remuneration Tribunal:

(a) that relates to the salary payable to the Vice‑Chancellor or Deputy Vice‑Chancellor of the University of Canberra; and

(b) that was in force immediately before those amendments;

continues in force in relation to that office until such time as the Council of the University of Canberra makes a determination in substitution for the determination as so continued in force.

(3) Despite the amendments of the Remuneration Tribunal Act 1973 made by this Act, any determination of the Remuneration Tribunal:

(a) that relates to the salary payable to the Principal or Deputy Principal of the Australian Maritime College; and

(b) that was in force immediately before those amendments;

continues in force in relation to that office until such time as the Council of the Australian Maritime College makes a determination in substitution for the determination as so continued in force.

Education Legislation Amendment Act 1997 (No. 66, 1997)

Part 4--Transitional provisions

19 Purpose of this Part

This Part sets out transitional provisions relating to the transfer of the responsibility for the University of Canberra from the Commonwealth to the Australian Capital Territory.

20 Definitions

In this Part, unless the contrary intention appears:

ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988.

transfer day means the day on which Part 1 of this Schedule commences.

University means the University of Canberra established by section 4 of the University Act.

University Act means the University of Canberra Act 1989 as in force from time to time before the transfer day.

21 Terms and conditions of employment of University employees

If a person was employed by the University immediately before the transfer day, this Act does not affect the terms and conditions (including any accrued entitlement to benefits) of that employment.

22 Audit

If the transfer day is less than a year after the end of the last period in respect of which a report was made by the Auditor‑General under subsection 37(4) of the University Act, that subsection has effect in respect of the period (the final reporting period) beginning immediately after the end of that last period and ending immediately before the transfer day as if the reference to a year in that subsection were a reference to the final reporting period.

23 Annual report and financial statements

If the transfer day is less than a year after the end of the last year in respect of which a report was prepared under section 39 of the University Act, that section has effect in respect of the period beginning immediately after the end of that last year and ending immediately before the transfer day as if:

(a) a reference in that section to a year were a reference to that period; and

(b) a reference in that section to 31 December were a reference to the transfer day.

Human Rights Legislation Amendment Act (No. 1) 1999 (No. 133, 1999)

Division 1--Interpretation

4 Interpretation

In this Part:

appropriate Commissioner means:

(a) in relation to a complaint lodged under the old DDA--the Disability Discrimination Commissioner; and

(b) in relation to a complaint lodged under the old RDA--the Race Discrimination Commissioner; and

Court means the Federal Court of Australia.

holding of an inquiry means a holding of an inquiry referred to in a notice given under:

(a) section 83 of the old DDA; or

(b) section 25E of the old RDA; or

new HREOCA means the Human Rights and Equal Opportunity Commission Act 1986 as amended by Schedule 1 to this Act.

old DDA means the Disability Discrimination Act 1992 before being amended by Schedule 1 to this Act.

old RDA means the Racial Discrimination Act 1975 before being amended by Schedule 1 to this Act.

old SDA means the Sex Discrimination Act 1984 before being amended by Schedule 1 to this Act.

purported complaint means a document purporting to be a complaint.

starting day means the day on which this Part commences.

Division 2--Treatment of complaints lodged before starting day

Subdivision A--Treatment of complaint depends on the stage it has reached

5 Purported complaint lodged but no decision as to whether it is a complaint

(1) A purported complaint is treated in the way set out in subsection (2) if, before the starting day:

(a) it was lodged with the Commission; and

(b) the Commission had not decided whether it was a complaint within the meaning of the old DDA, old RDA or old SDA.

(2) On the starting day:

(a) the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and

(b) the Commission must then decide whether it is a complaint within the meaning of the new HREOCA.

6 Administrative appeal on Commission's decision as to whether complaint

(1) A purported complaint is treated in the way set out in subsection (2) if:

(a) before the starting day, the Commission decided that it was, or was not, a complaint within the meaning of the old DDA, old RDA or old SDA; and

(b) on or after the starting day, the Court makes an order under the Administrative Decisions (Judicial Review) Act 1977 to refer the matter to which the decision relates to the Commission for further consideration.

(2) On the day on which the order is made:

(a) the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and

(b) the Commission must then decide whether it is a complaint within the meaning of the new HREOCA.

7 Complaint lodged but Commissioner not notified of it

(1) A purported complaint is treated in the way set out in subsection (2) if, before the starting day:

(a) it was lodged with the Commission; and

(b) the Commission decided that it was a complaint within the meaning of the old DDA, old RDA or old SDA; and

(2) On the starting day:

(a) the purported complaint is taken to have been lodged under section 46P of the new HREOCA; and

(b) the Commission is taken to have decided that it is a complaint within the meaning of the new HREOCA.

8 Commissioner notified of complaint but had not decided to dismiss or refer it

(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:

(a) the Commission had notified the appropriate Commissioner of the complaint; and

(b) the appropriate Commissioner had not made a decision not to inquire, or not to continue to inquire, into the complaint; and

(2) On the starting day, the complaint is taken to have been referred to the President under section 46PD of the new HREOCA.

9 Commissioner decided to dismiss complaint

(1) A complaint is treated in the way set out in subsection (2) if:

(a) before the starting day, the appropriate Commissioner decided not to inquire, or not to continue to inquire, into the complaint; and

(b) on the starting day, the complainant could have required the appropriate Commissioner to:

(i) refer the complaint to the President under section 71 of the old DDA if that section had not been repealed by this Act; or

(ii) refer the Commissioner's decision to the President, or refer the complaint to the Commission, under section 24 of the old RDA if that section had not been repealed by this Act; or

(iii) refer the Commissioner's decision to the President, or refer the complaint to the Commission, under section 52 of the old SDA if that section had not been repealed by this Act.

(2) On the starting day, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.

Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.

10 Presidential review of Commissioner's decision to dismiss complaint

(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:

(a) the appropriate Commissioner decided not to inquire, or not to continue to inquire, into the complaint; and

(b) the complainant required the appropriate Commissioner to refer the complaint, or the Commissioner's decision, to the President; and

(i) section 101 of the old DDA;

(ii) section 24AA of the old RDA;

(iii) section 52A of the old SDA.

(2) On the starting day, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.

Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.

11 Administrative review of President's decision

(1) A complaint is treated in the way set out in subsection (2) if:

(a) before the starting day, the President made a decision in relation to the complaint under:

(i) section 101 of the old DDA; or

(ii) section 24AA of the old RDA; or

(iii) section 52A of the old SDA; and

(2) On the day the order is made, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.

Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.

12 Complaint referred to Commission but inquiry not started

(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:

(a) the appropriate Commissioner referred the complaint to the Commission; and

(b) a holding of an inquiry into the complaint had not started under the old DDA, old RDA or old SDA; and

(i) section 79 of the old DDA;

(ii) section 25A of the old RDA;

(iii) section 59 of the old SDA.

(2) On the starting day, the President is taken to have terminated the complaint under section 46PH of the new HREOCA.

Note: The President is required to give a notice of termination of the complaint under section 14 of this Act.

13 Inquiry started

(1) A complaint is treated in the way set out in subsection (2) if, before the starting day:

(a) a holding of an inquiry into the complaint had started under the old DDA, old RDA or old SDA; and

(b) the complaint had not been withdrawn under whichever of the following sections is applicable:

(i) section 79 of the old DDA;

(ii) section 25A of the old RDA;

(iii) section 59 of the old SDA.

(2) The amendments made by Schedule 1 to this Act do not apply in relation to the complaint.

Subdivision B--Other rules about complaints lodged before starting day

14 Notice of termination

(1) If the President is taken to have terminated a complaint under section 9, 10, 11 or 12, then the President must notify the complainants in writing of the termination and the reasons for the termination.

(2) Subsection (1) does not apply if all the complainants requested the appropriate Commissioner not to inquire into the complaint.

(3) The President must give a person a copy of the notice that was given to the complainants under subsection (1) if:

(a) the person was a person on whose behalf the complaint was lodged; and

(b) the person requested the President for a copy of the notice.

(4) The President is not required to notify any person under section 46PH of the new HREOCA.

15 Work done by Commissioner is taken to have been done by President

Any thing done, or information obtained, by the appropriate Commissioner in relation to a complaint that is referred to the President under section 8 is taken to have been done or obtained by the President.

16 Special rules apply to proceedings to enforce a determination

Sections 46PQ, 46PR and 46PT of the new HREOCA apply for the purposes of proceedings in the Court:

(a) for an order to enforce a determination in relation to a complaint; or

(b) for an order directing a Commonwealth agency (or the principal executive of a Commonwealth agency) to comply;

if the proceedings started on or after the starting day under:

(d) section 25ZC or 25ZI of the old RDA; or

(e) section 83A or 84F of the old SDA.

Division 3--Other transitional and application provisions

17 Protection from civil actions

The amendments made by items 30, 31, 83, 84, 119 and 120 of Schedule 1 do not apply to a complaint lodged before the starting day under the old DDA, old RDA or old SDA.

18 Referrals under the old SDA

The amendments made by items 1, 2, 85, 86, 97, 100, 122, 123, 124 and 125 of Schedule 1 do not apply to a complaint lodged before the starting day under section 50A, 50C or 50E of the old SDA.

19 Inquiries started by Human Rights Commissioner

The amendment made by item 52 of Schedule 1 does not apply in relation to an inquiry that the Human Rights Commissioner started before the starting day.

20 When a person cannot lodge a complaint under the new HREOCA

A person cannot lodge a complaint under section 46P of the new HREOCA if:

(a) the person is a class member for a representative complaint in respect of the same subject matter; and

(b) a holding of an inquiry into the representative complaint had started under the old DDA, old RDA or old SDA.

21 Regulations

(1) The Governor‑General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, regulations may be made in relation to matters of a transitional or saving nature arising out of the enactment of this Act.

22 Transitional--powers of a Secretary

A thing done by the Commission before the commencement of this section in exercising powers referred to in subsection 43(2) of the Human Rights and Equal Opportunity Commission Act 1986 has effect, for the purpose of the exercise by the President after the commencement of this section of powers referred to in that subsection, as if the thing had been done by the President.

Remuneration Tribunal Amendment Act 2001 (No. 27, 2001)

4 Exercise of certain powers before commencement of provision conferring the powers

The Minister may, before the commencement of item 6 of Schedule 1, exercise any of the powers conferred by the sections inserted in the Remuneration Tribunal Act 1973 by that item as if that item had commenced. However, any declaration made or notice given in the exercise of those powers before that commencement does not have any effect until that commencement.

Schedule 1

13 Saving and transitional

(1) If:

(a) at the commencement of this item, a person holds a principal executive office referred to any of paragraphs (a) to (l) of the definition of principal executive office in subsection 3(1) of the Remuneration Tribunal Act 1973; and

(b) under subsection 7(3D) of that Act, the Remuneration Tribunal determines any terms and conditions applicable to the classification to which the office is assigned; and

(c) any of the terms and conditions (the existing terms and conditions) applicable at the commencement of this item in respect of the office under subsection 12C(1) of that Act are inconsistent with terms and conditions so determined by the Tribunal;

the validity of the existing terms and conditions is not affected by the amendment made by item 12.

(2) However, at the end of the period for which the person was appointed to the office, the employing body must (whether the person is re‑appointed, or another person is appointed, to the office) make a new determination of the terms and conditions applicable in respect of the office in compliance with section 12C of the Remuneration Tribunal Act 1973.

Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (No. 54, 2009)

Schedule 8

160 Transitional provision relating to section 3

(1) Despite the repeal of paragraph 3(4)(j) of the Remuneration Tribunal Act 1973 by item 104, that paragraph, as in force immediately before that repeal, continues to apply in relation to an office of member of the Australian Industrial Relations Commission until that Commission ceases to exist.

(2) The reference in paragraph 3(4)(j) of the Remuneration Tribunal Act 1973, as substituted by item 104, to the office of President of Fair Work Australia is taken to include a reference to an office of member (other than President) of Fair Work Australia, but only in relation to persons who are taken to have been appointed to that office under item 1 of Schedule 18 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

161 Transitional provision relating to section 7

(1) Despite the amendment of subsection 7(4B) of the Remuneration Tribunal Act 1973 by item 106, that subsection, as in force immediately before that amendment, continues to apply in relation to members of the Australian Industrial Relations Commission until that Commission ceases to exist.

(2) The reference in subsection 7(4B) of the Remuneration Tribunal Act 1973, as amended by item 106, to the President of Fair Work Australia is taken to include a reference to the other members of Fair Work Australia, but only in relation to persons who are taken to have been appointed as such a member under item 1 of Schedule 18 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

(3) Despite the repeal of subsection 7(4C) of the Remuneration Tribunal Act 1973 by item 107, that subsection, as in force immediately before that repeal, continues to apply in relation to members of the Australian Fair Pay Commission until that Commission ceases to exist.

Commonwealth Consolidated Acts

REMUNERATION TRIBUNAL ACT 1973 - NOTES