Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT ACT (No. 2) 1993 No. 37 of 1993 - SECT 34

34. After section 194 of the Principal Act the following section is inserted:
Global limit on remuneration and allowances payable to certain office holders
Object

"194A.(1) The object of this section is to enable the Commission to set a
global limit on the remuneration and allowances payable to the holders of
certain offices. The purpose of the global limit is to assist the Commission
to manage its finances effectively. Bodies to which this section applies

"(2) This section applies to the following bodies:

   (a)  an advisory committee established under section 13;

   (b)  the Torres Strait Islander Advisory Board established under section
        82;

   (c)  an advisory committee established under section 96;

   (d)  a Regional Council. Opening remuneration credit

"(3) The Commission may make a written determination fixing an opening
remuneration credit of a specified body for a specified period. Subject to
subsection (9), the period must not begin before the determination is made.
When opening remuneration credit arises

"(4) The opening remuneration credit of the body arises, or is taken to have
arisen, at the start of the period. Supplementary remuneration credit

"(5) The Commission may make a written determination fixing a supplementary
remuneration credit of the body for the period. When supplementary
remuneration credit arises

"(6) A supplementary remuneration credit arises at the start of the day
specified in the determination. The day must be within the period. The day
must not be earlier than the day on which the determination is made.
Remuneration debit

"(7) If, on a particular day in the period, an entitlement to remuneration or
allowances accrues to a member of the body in that capacity, there arises, or
is taken to have arisen, at the end of that day, a remuneration debit of the
body equal to the amount of that entitlement. No entitlement to remuneration
if total debits are equal to or more than total credits

"(8) If, on a particular day in the period, the total of the body's
remuneration debits arising before that day and during that period is equal to
or more than the sum of:

   (a)  the body's opening remuneration credit arising before that day and
        during that period; and

   (b)  each of the body's supplementary remuneration credits (if any) arising
        before that day and during that period; no entitlement to remuneration
        or allowances accrues, or is taken to have accrued, to a member of the
        body in respect of anything done by that member in that capacity on
        that day. Retrospective operation of first determination

"(9) If, at its first meeting after the commencement of this section, the
Commission makes a determination fixing an opening remuneration credit of a
body for a period, the period may be expressed to start at a time before the
commencement of this section. The time must not be earlier than the start of
19 August 1993. Section has effect despite any other provision

"(10) This section has effect despite anything in this Act or in any other law
of the Commonwealth. Commission must give copy of determination to body

"(11) If the Commission makes a determination under this section in relation
to a body, the Commission must give a copy of the determination to the body as
soon as practicable after the determination is made.
Meaning of "remuneration" and "allowances"

"(12) In this section, a reference to remuneration or allowances is a
reference to remuneration or allowances to which a member of a body is
entitled in that capacity in accordance with section 194, but does not include
a reference to the remuneration payable to the Chairperson of a Regional
Council. Example of operation of section

"(13) The following is an example of the operation of this section:

   (a)  On 1 December 1993, the Commission makes a determination fixing an
        opening remuneration credit of $1,000 of body 'A' for the period 1
        December 1993 to 31 December 1993.

   (b)  On 3 December 1993, 'A' holds a meeting. The total remuneration and
        allowances to which the members of 'A' are entitled in respect of the
        meeting is $400.

   (c)  On 7 December 1993, 'A' holds another meeting. The entitlements of
        members amount to $400.

   (d)  On 9 December 1993, the Commission makes a determination fixing a
        supplementary remuneration credit determination of $200.

   (e)  On 12 December 1993, 'A' holds another meeting. The entitlements of
        members amount to $400.

   (f)  On 15 December 1993, 'A' holds another meeting. The entitlements of
        members amount to $400. The following table illustrates the effect of
        each of these events:
TABLE
    Date    Event    Rem'n   Rem'n   Remuneration      Effect on

                     credit  debit     balance         entitlement to

                       $       $         $             remuneration

                                     Start    End

                                     of day   of day

    1 Dec   Opening remuneration credit determined

                     1,000           1,000    1,000

    3 Dec   Meeting of 'A'

                             400     1,000    600      Members of 'A'

entitled to
remuneration
    7 Dec   Meeting of 'A'

                             400     600      200      Members of 'A'

entitled to
remuneration
    9 Dec   Suppl'y remuneration credit determined

                     200             400      400

12 Dec Meeting of 'A'
                             400     400      0        Members of 'A'

entitled to
remuneration
    15 Dec  Meeting of 'A'           0        0        Members of 'A'

not entitled
to
remuneration".