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WORKPLACE RELATIONS ACT 1996 - SECT 79 Remuneration and allowances of Presidential Members etc.

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 79

Remuneration and allowances of Presidential Members etc.

             (1)  The President is to be paid:

                     (a)  salary at an annual rate equal to the annual rate of salary payable to the Chief Justice of the Court; and

                     (b)  such travelling allowances as are determined from time to time by the Remuneration Tribunal for travel within Australia; and

                     (c)  such other allowances as are prescribed by the regulations.

             (2)  If a person holds office as the President and as a Judge of a court created by the Parliament, he or she is not to be paid remuneration as President except as provided by subsection (3).

             (3)  If the salary payable to the person as a Judge is less than the salary that would be payable to the President under subsection (1), the person is to be paid an allowance equal to the difference between the Judge's salary and the salary that would be payable to the President.

             (4)  A Vice President is to be paid:

                     (a)  salary at an annual rate equal to 103% of the annual rate of salary payable to a Judge of the Court; and

                     (b)  such travelling allowances as are determined from time to time by the Remuneration Tribunal for travel within Australia; and

                     (c)  such other allowances as are prescribed by the regulations.

             (5)  A Senior Deputy President is to be paid:

                     (a)  salary at an annual rate equal to the annual rate of salary payable to a Judge of the Court; and

                     (b)  such travelling allowances as are determined from time to time by the Remuneration Tribunal for travel within Australia; and

                     (c)  such other allowances as are prescribed by the regulations.

             (6)  A Deputy President is to be paid:

                     (a)  salary at an annual rate equal to 95% of the annual rate of salary payable to a Judge of the Court; and

                     (b)  such travelling allowances as are determined from time to time by the Remuneration Tribunal for travel within Australia; and

                     (c)  such other allowances as are prescribed by the regulations.

             (7)  If the annual rate of salary of a Presidential Member is not an amount of whole dollars, it is to be rounded to the nearest dollar (with 50 cents being rounded up).

             (8)  If, assuming that the President or a former President had held the office of Chief Justice of the Court instead of the office of President, the President or former President would be entitled to a payment under subsection 7(5E) of the Remuneration Tribunal Act 1973 , the President or former President is to be paid an amount equal to that payment.

             (9)  If, assuming that a Vice President or former Vice President had held an office of Judge of the Court instead of an office of Vice President, the Vice President or former Vice President would be entitled to a payment under subsection 7(5E) of the Remuneration Tribunal Act 1973 , the Vice President or former Vice President is to be paid an amount equal to 103% of that payment.

           (10)  If, assuming that a Senior Deputy President or former Senior Deputy President had held an office of Judge of the Court instead of the office of Senior Deputy President, the Senior Deputy President or former Senior Deputy President would be entitled to a payment under subsection 7(5E) of the Remuneration Tribunal Act 1973 , the Senior Deputy President or former Senior Deputy President is to be paid an amount equal to that payment.

           (11)  If, assuming that a Deputy President or former Deputy President had held an office of Judge of the Court instead of the office of Deputy President, the Deputy President or former Deputy President would be entitled to a payment under subsection 7(5E) of the Remuneration Tribunal Act 1973 , the Deputy President or former Deputy President is to be paid an amount equal to 95% of that payment.

           (12)  The salary of the Presidential Members accrue from day to day and are payable monthly.

           (13)  Where a person who is a member of a prescribed State industrial authority is appointed as a member of the Commission, the person shall not be remunerated in relation to the office of member of the Commission, but the person may be paid, in relation to expenses in travelling to discharge the duties of the office, such sums (if any) as the Governor‑General considers reasonable.

           (14)  A person who, at the same time, holds the offices of member of the Commission and member of a prescribed Commonwealth tribunal or prescribed Territory tribunal as permitted by section 69:

                     (a)  shall be remunerated in relation to the office of member of the tribunal only in accordance with another law of the Commonwealth or Territory relating to the remuneration of persons holding at the same time offices of member of the Commission and member of the tribunal; but

                     (b)  may be paid, in relation to expenses in travelling to discharge the duties of the office of member of the tribunal, such sums (if any) as the Governor‑General considers reasonable.

           (15)  This section has effect subject to:

                     (a)  section 66; and

                     (b)  any Commonwealth or Territory law making provision as mentioned in paragraph 69(1)(b).

           (16)  In this section:

"Judge" does not include the Chief Justice of the Court.