REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT) 1994 NO. 118

REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT) 1994 NO. 118

Statutory Rules 1994 No. 118

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 GovernorGeneral may make regulations for the purposes of the Act.

Section 7(11) of the Act provides that, except as prescribed or authorised or approved by or under legislation, a person who holds an office or appointment or is otherwise employed on a full-time basis by the Commonwealth or the Administration of a Territory or by certain other bodies, is not entitled to be paid remuneration for performing the duties of a public office held on a part-time basis.

Regulation 6 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) prescribes for the purposes of section 7(11) of the Act, those part-time offices the holders of which are entitled to be paid remuneration, as determined by the Remuneration Tribunal (the Tribunal).

An officer who is currently employed by the Australian International Development Assistance Bureau (the Bureau) was appointed as a part-time member of the Commonwealth-State Council on Non-English Speaking Background Women's Issues (the Council), effective from July 1992. For the period from 25 November 1993 to 30 June 1994 the officer is on leave without pay from the Bureau. During this period the officer will continue to hold her part-time office with the Council.

Subregulation 2.1 enables the officer to be paid for her part-time service as a member of the Council for this period.

The retrospective application of regulation 2 does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person. It is therefore in accordance with the Acts Interpretation Act 1901.

Subsection 3(4)(ra) provides that the Act does not apply to an office declared by the Regulations to be a principal executive office. Such principal executive officers are listed in Schedule 1 to the Regulations.

The Australian Telecommunications Corporation (ATC) and the Overseas Telecommunications Corporation Limited (OTC) are prescribed in Schedule 1. These two companies were merged into the Australian and Overseas Telecommunications Corporation (the Corporation) in 1992. The Corporation is an incorporated company wholly owned by the Commonwealth and, for this reason, an office in the service of the Corporation is outside the jurisdiction of the Tribunal unless the Minister notifies the Tribunal is to be an office to which the Act applies. (Paragraph 3(4)(f) of the Act so provides). The Corporation was renamed 'Telstra' in 1993.

The references in Schedule 1 to the Regulations to offices in ATC and OTC were no longer required. Amending subregulations 3.1 and 3.2 have omitted these references from the Schedule.