Constitution Amendment (Governor’s
Salary) Bill 2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to provide for the Statutory and Other Offices
Remuneration Tribunal to determine the salaries of future Governors of New
South Wales. The Governor’s salary is currently set by a regulation made under
the Constitution Act 1902.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the day on
which the first person to be appointed to the office of Governor after the date of
assent to the proposed Act is so appointed. Accordingly, the amendments made
by the proposed Act will not apply in respect of the salary of the Governor who
is in office when the proposed Act receives assent.

Clause 3 is a formal provision that gives effect to the amendment to the
Constitution Act 1902 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the
Statutory and Other Offices Remuneration Act 1975 set out in Schedule 2.

Clause 5 repeals the Governor’s Salary Regulation 1990.

Schedule 1 Amendment of Constitution Act 1902
Schedule 1 repeals and re-enacts section 9I (Governor’s salary) of the
Constitution Act 1902 so as to repeal the provisions of that section that:

(a) provide for the Governor’s salary to be determined by a regulation made
under that Act, and

(b) appropriate the Consolidated Fund to the extent necessary to pay that
salary.

The new section 9I provides, instead, for the remuneration of the Governor to be
determined by the Statutory and Other Offices Remuneration Tribunal (the
Tribunal) under the Statutory and Other Offices Remuneration Act 1975. (See
the matter below relating to the amendment of the latter Act in respect of the
Consolidated Fund.)
Section 9I as re-enacted retains the current section 9I (6), which becomes section
9I (2). That subsection provides that remuneration is not payable under section
9I to a Governor for any period for which the Governor is entitled to
remuneration from the Commonwealth in respect of the Governor’s
administration of the Government of the Commonwealth.

Schedule 2 Amendment of Statutory and Other Offices
Remuneration Act 1975
Schedule 2 [1] inserts “Governor” at the beginning of the list of offices in
Schedule 1 (Public offices) to the Statutory and Other Offices Remuneration Act
1975 (the Act) so as:

(a) to enable the Tribunal to determine the remuneration to be paid to the
holder of the office of Governor (see section 11 (1) of the Act), and

(b) to appropriate the Consolidated Fund in respect of that remuneration (see
section 11 (3) of the Act), and

(c) to protect that remuneration from reduction (see section 21 of the Act).

Schedule 2 [2] inserts matter that will permit the making of savings and
transitional regulations under the Act in consequence of the enactment of the
proposed Act.

Schedule 2 [3] inserts a transitional provision that provides for the making of the
first determination under the Act in respect of the remuneration payable to the
holder of the office of Governor.

Section 26 of the Interpretation Act 1987 will permit the doing of anything
necessary, before the commencement of the proposed Act, to have that
determination come into effect, if it is so desired, on the commencement of the
proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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