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This is a Bill, not an Act. For current law, see the Acts databases.
ASSEMBLY MEMBERS AND STATUTORY OFFICERS (REMUNERATION AND OTHER ENTITLEMENTS) BILL 2006
Serial
35Assembly Members and Statutory Officers
(Remuneration and Other Entitlements) Bill 2006Ms
Martin
AN ACT
to
provide for the remuneration and other entitlements of Assembly members and
statutory officers, and for related purposes
NORTHERN TERRITORY OF
AUSTRALIA
assembly members and statutory officers
(remuneration and other entitlements) ACT 2006
____________________
Act No. [ ] of 2006
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY
OF AUSTRALIA
____________________
Act No. [ ] of 2006
____________________
AN ACT
to provide for the remuneration and other
entitlements of Assembly members and statutory officers, and for related
purposes
[Assented to [ ]
2006]
[Second reading [ ]
2006]
The Legislative Assembly of the Northern Territory enacts
as follows:
Short
title
This Act may be cited as the Assembly Members and
Statutory Officers (Remuneration and Other Entitlements) Act
2006.
Definitions
In this Act, unless the contrary intention appears
–
"administrative guidelines" means the administrative
guidelines made under section ;
"Assembly" means the Legislative Assembly;
"Assembly member" means a member of the
Assembly;
"basic salary", for an Assembly member, has the meaning in
section ;
"chairperson", of a statutory body, means the presiding
officer of that body (whether called the chairperson or not);
"class", for statutory bodies, means a class of statutory
bodies specified in the classification determination;
"classification determination" means the determination made
under
section that is in force;
"classification structure" has the meaning in section
(2);
"entitlement" includes a salary, an allowance and any other
remuneration or benefit;
"member", of a statutory body, means a member of that body
(whether called a member or not), and includes the chairperson of that
body;
"responsible Minister", for a statutory body, means the
Minister administering the law that establishes the body;
"statutory body" means a body (whether incorporated or not)
established by a law of the Territory for a public purpose;
"statutory officer" means –
(a) a Magistrate appointed under section 4(3) of the
Magistrates Act; or
(b) a member of a statutory body; or
(c) a person holding or occupying an office established by a
law of the Territory;
"Tribunal" means the Remuneration Tribunal established by
section (1).
Entitlements
of assembly members
Basic salary
An Assembly member is entitled to be paid a basic salary
at an annual rate equal to so much of the annual rate of the salary for a member
of the House of Representatives as reduced by $3 000.
For subsection (1), the salary of a member of the House of
Representatives does not include any additional salary for that member (for
example, additional salary as a Minister).
Other entitlements
The Tribunal must, on the Administrator's request, inquire
into, or inquire into and determine, an entitlement (other than the basic
salary) of an Assembly member for –
performing the functions of an Assembly member;
or
performing a function for the Assembly;
or
holding or occupying any of the following
offices:
the Speaker of the Assembly;
the Leader of the Opposition;
any other office in the Assembly;
a Minister;
a member of the Executive Council.
The request may relate to –
an inquiry for a specified time; or
inquiries for specified intervals.
The Tribunal must prepare a report for each inquiry
conducted under subsection (1).
The report –
if the Tribunal is requested to inquire into and determine
an entitlement – must include a determination of the entitlement;
or
otherwise – may include recommendations on the
entitlement to which the inquiry relates.
The Tribunal must give the Administrator and the Minister
a copy of the report as soon as practicable after the report is
made.
The Minister must table a copy of the report in the
Assembly within 6 sitting days after receiving it.
Minister's power
The Minister may determine an entitlement (other than the
basic salary) of an Assembly member referred to in section (1) if no
determination for that entitlement has been made under that
section.
The determination ceases to have effect when a
determination under section for that entitlement takes effect.
The Minister must table a copy of each determination under
subsection (1) in the Assembly within 6 sitting days after making the
determination.
Entitlements of statutory officers
Application
This Division applies to Magistrates appointed under section
4(3) of the Magistrates Act.
Entitlements
Subject to section 6(2) of the Magistrates Act, the
Tribunal must, at least once a year, inquire into and determine the entitlements
of Magistrates.
Note for subsection (1) –
Section 6(2) of the Magistrates Act provides that the salary, allowances
and other benefits to which a Magistrate is entitled under a determination under
this section must not be altered to the Magistrate's detriment during the
Magistrate's term of office.
The Tribunal must prepare a report for each inquiry
conducted under subsection (1).
The report must include a determination of the
entitlements.
The Tribunal must give the Minister a copy of the report
as soon as practicable after the report is made.
The Minister must table a copy of the report in the
Assembly within 6 sitting days after receiving it.
Members of statutory bodies
Tribunal's power
The Tribunal must, on the Administrator's request, inquire
into and make recommendations on any of the following matters as specified in
the request:
the classification structure for statutory
bodies;
a matter relating to the entitlements of members of
statutory bodies.
The classification structure for statutory bodies is a set
of provisions that specify the following without specifying any individual
statutory body:
classes of statutory bodies;
the entitlements of members of statutory bodies for any of
the classes.
A request under subsection (1) may relate to
–
an inquiry for a specified time; or
inquiries at specified intervals.
The Tribunal must prepare a report for each inquiry
conducted under subsection (1).
The report must include any recommendations made by the
Tribunal on the matter specified in the request for the
inquiry.
The Tribunal must give the Administrator and Minister a
copy of the report as soon as practicable after the report is
made.
Without limiting subsection (1)(b), the Administrator may
specify any of the following inquiries for subsection (1)(b):
an inquiry into the level of entitlements of members of
statutory bodies;
an inquiry into the legislative framework for the
entitlements of members of statutory bodies.
Administrator's power
The Administrator may determine the classification
structure for statutory bodies (whether or not as a result of an inquiry under
section ).
In providing for an entitlement in relation to a class of
statutory bodies, the determination may –
specify the amount of the entitlement; or
specify a range of amounts from which the amount of the
entitlement for a particular statutory body must be decided by a responsible
Minister under section (1)(b).
The determination may apply, adopt or incorporate the
whole or part of a document as in force or existing at a particular time or from
time to time.
The determination does not have effect in relation to a
statutory body until a decision under section (1) for that body takes
effect.
Responsible Minister's power
The responsible Minister for a statutory body must, in
accordance with the classification determination, decide
–
the class of statutory bodies to which the body belongs;
and
if the determination provides for the responsible Minister
to decide the amount of an entitlement as referred to in section (2)(b) –
the amount of the entitlement.
The responsible Minister must do so having regard to
–
the administrative guidelines; and
any recommendations made by the Minister administering
this Act.
The responsible Minister must notify the Minister
administering this Act of each decision under subsection (1) as soon as
practicable after the decision is made.
This section has effect subject to the law establishing
the statutory body.
Special power of Administrator
The Administrator may determine the entitlements of a
member of a statutory body.
To the extent to which the determination is inconsistent
with any of the following provisions, the determination has effect and that
provision does not have effect:
a provision in the classification
determination;
a provision in a decision for members of the statutory
body under section (1);
a provision in the administrative
guidelines.
The determination may apply, adopt or incorporate the
whole or part of a document as in force or existing at a particular time or from
time to time.
This section has effect subject to the law establishing
the statutory body.
Publication
The Minister must, in a manner that the Minister considers
appropriate, publish a document that incorporates so much of the following as is
in force:
the classification determination;
each decision under section (1);
each determination under section (1);
each provision in force under section .
The Minister must update the document as soon as
practicable after a determination or decision referred to in subsection (1)(a),
(b) or (c) is made, amended or revoked.
Without limiting subsection (1), the Minister may publish
the document in an electronic form.
Administrative guidelines
The Minister may make administrative guidelines for this
Division.
Without limiting subsection (1), the guidelines may
provide for the matters that should be taken into account in making a decision
under
section (1).
Application
This Division –
applies to a statutory officer whose entitlements are not
provided under Division 1 or 2; and
has effect subject to the law establishing the office held
or occupied by the officer.
Entitlements
The Tribunal must, on the Administrator's request, inquire
into and make recommendations on an entitlement of a statutory officer to whom
this Division applies as specified in the request.
The request may relate to –
an inquiry for a specified time; or
inquiries for specified intervals.
Without limiting subsection (1), an inquiry covered by
that subsection may be –
an inquiry into the level of the entitlement;
or
an inquiry into the legislative framework for the
entitlement.
The Tribunal must prepare a report for each inquiry
conducted under subsection (1).
The report must include any recommendations made by the
Tribunal on the matter specified in the request for the
inquiry.
The Tribunal must give the Administrator and Minister a
copy of the report as soon as practicable after the report is
made.
The Minister must table a copy of the report in the
Assembly within 6 sitting days after receiving it.
Administrator's power
If no provision is made under a law of the Territory for
an entitlement of a statutory officer to whom this Division applies, the
Administrator may determine that entitlement.
The determination ceases to have effect when a provision
for that entitlement takes effect under another law of the
Territory.
The determination may apply, adopt or incorporate the
whole or part of a document as in force or existing at a particular time or from
time to time.
Establishment of Tribunal
The Remuneration Tribunal is established.
The Tribunal may be constituted by one member,
or
2 or 3 members, appointed by the
Administrator.
A member holds office for a period of 5 years and is
eligible for
re-appointment.
A member may resign the office by writing given to the
Administrator.
The Administrator may remove a member from office
–
for incompetence or misbehaviour; or
for mental or physical incapacity to carry out the
member's duties satisfactorily.
The office of a member becomes vacant if the member
–
(a) dies; or
(b) completes a term of office and is not re-appointed;
or
(c) resigns the office; or
(d) is removed from office under subsection (5);
or
(e) is convicted in the Territory of an offence punishable
by imprisonment for 12 months or more or is convicted elsewhere of an offence
that, if committed in the Territory, would be an offence so punishable;
or
(f) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds with the member's
creditors or makes an assignment of the member's remuneration for their
benefit.
The Administrator may appoint a person to act as a member
during a period or all periods when –
the member's office becomes vacant; or
the member is absent from duty or from the Territory;
or
the member is unable to perform the member's
duties.
Chairperson of Tribunal
The Administrator must appoint a member of the Tribunal to
be the chairperson of the Tribunal if the Tribunal has more than one
member.
The chairperson must preside at all meetings of the
Tribunal.
The chairperson holds office for the period specified in
the appointment.
The chairperson may resign the office by writing given to
the Administrator.
The Administrator may appoint a member of the tribunal to
act as the chairperson during a period or all periods when
–
the chairperson's office becomes vacant;
or
the chairperson is absent from duty or from the Territory;
or
the chairperson is unable to perform the chairperson's
duties.
Tribunal's power to inquire or determine
In inquiring into or determining a matter under this Act,
the Tribunal may also inquire into or determine (as the case may be) another
matter that relates to the matter.
Determinations by Tribunal
A determination by the Tribunal under this Act may apply,
adopt or incorporate the whole or part of a document as in force or existing at
a particular time or from time to time.
Tabling and disallowance of determinations
This section applies to a determination by the Tribunal
under this Act.
The Minister must give a copy of the determination to each
person whose entitlements are affected by the determination
–
within 14 days after the Minister receives a copy of the
determination under this Act; and
before the Minister tables a copy of the determination in
the Assembly under this Act.
The Assembly may pass a resolution (the "disallowance
resolution") disallowing all or part of the determination within 10 sitting days
after a copy of the determination is tabled in the Assembly under this
Act.
Except as provided by subsection (5) or (6), the
determination has no effect before the end of those sitting
days.
If no disallowance resolution for the determination is
passed within those days, the determination has effect as specified in the
determination (including having effect from a date before the end of those
days).
If a disallowance resolution for the determination is
passed within those days –
so much of the determination as is disallowed does not
have any effect; and
so much of the determination as is not disallowed has
effect as specified in the determination (including having effect from a date
before the end of those days).
To avoid doubt, the Assembly's power to disallow a part of
a determination includes a power to specify the extent to which a provision of
the determination is disallowed.
Example for subsection (7) –
If a provision of a determination revokes the whole of another
determination, the Assembly may specify that the provision is disallowed to the
extent to which it revokes a part of that other determination.
Conduct
of inquiry
The Tribunal is not required to conduct an inquiry in a
formal manner.
In conducting an inquiry, the Tribunal
–
is not bound by the rules of evidence;
and
may inform itself in any manner it considers appropriate;
and
may receive any written or oral
submissions.
Assistance
The Minister may appoint a public sector employee to assist
the Tribunal in performing its functions.
Regulations
The Administrator may make regulations, not inconsistent
with this Act, prescribing matters –
required or permitted by this Act to be prescribed;
or
necessary or convenient to be prescribed for carrying out
or giving effect to this Act.
Repeals and
Transitional matters for Assembly Members and Statutory Officers
(Remuneration and Other Entitlements) Act 2006
Repeal of Acts
The Acts specified in Schedule 1 are
repealed.
Definitions
In this Part –
"commencement" means the commencement of the Assembly
Members and Statutory Officers (Remuneration and Other
Entitlements)
Act 2006;
"existing Tribunal" means the Remuneration Tribunal existing
under
the Remuneration Tribunal Act immediately
before the commencement;
"new Tribunal" means the Remuneration Tribunal established
by
section (1).
Remuneration Tribunal
A person who is a member of the existing Tribunal
immediately before the commencement is taken to have been appointed as a member
of the new Tribunal under section 17(2).
However, section (3) does not apply to that
member.
Determinations under Remuneration Tribunal
Act
A determination made by the existing Tribunal and in force
under the Remuneration Tribunal Act immediately before the commencement
continues in force.
The determination may be amended or revoked by the new
Tribunal as if –
for a determination applying to an
Assembly member – it had been made under section (1) of this Act;
or
for a determination applying to a Magistrate – it
had been made under section (1) of this Act.
Determinations under Remuneration (Statutory Bodies)
Act
A provision in a determination in force under the
Remuneration (Statutory Bodies) Act immediately before the commencement
that provides for an entitlement of a member of a statutory body continues to be
in force until the commencement of a provision for an entitlement of that member
under
sections and of this Act.
Amendment of other Acts
This section amends the Acts specified in Schedule
2.
Schedule 2 has effect.
Expiry
of Part
This Part and Schedule 2 expire on the day after this Act
commences.
Section
|
Remuneration (Statutory Bodies) Act
1979
|
Act No. 9 of 1980
|
|
Remuneration Tribunal Act 1981
|
Act No. 28 of 1981
|
|
Remuneration Tribunal Amendment Act
1985
|
Act No. 15 of 1985
|
|
Remuneration Tribunal Amendment Act
1991
|
Act No. 29 of 1991
|
|
Remuneration Tribunal Amendment Act
2004
|
Act No. 51 of 2004
|
Section
|
Provision
|
Amendment
|
|
omit
|
substitute
|
|
Adult Guardianship Act
|
|
|
|
Section 10
|
Remuneration (Statutory Bodies) Act
|
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Act
|
|
Agents Licensing Act
|
|
|
|
Section 95B(2)(c)
|
Remuneration (Statutory Bodies) Act
|
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Act
|
|
AustralAsia Railway Corporation
Act
|
|
|
|
Section 4(4)
|
Remuneration (Statutory Bodies) Act
|
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Act
|
|
Government Owned Corporations
Act
|
|
|
|
Section 24(3)
|
Remuneration (Statutory Bodies) Act
|
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Act
|
|
Legal Practitioners Act
|
|
|
|
Section 48F(2)
|
section 6(1) of the Remuneration Tribunal
Act
|
section of the Assembly Members and Statutory Officers
(Remuneration and Other Entitlements) Act
|
|
Legislative Assembly Members' Superannuation
Contributions Act
|
|
|
|
Section 3
– definition of "additional salary, paragraph
(b)
– definition of "basic salary"
|
Remuneration Tribunal
Act
the whole definition
|
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Act
"basic salary" has the same meaning as in the Assembly
Members and Statutory Officers (Remuneration and Other Entitlements)
Act;
|
|
Legislative Assembly Members' Superannuation Fund
Act
|
|
|
|
Section 3
– definition of "additional
salary
– definition of "basic salary"
|
Remuneration Tribunal
Act
the whole definition
|
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Act
"basic salary" has the same meaning as in the Assembly
Members and Statutory Officers (Remuneration and Other Entitlements)
Act;
|
|
Legislative Assembly (Register of Members' Interests)
Act
|
|
|
|
Section 3
– definition of "financial benefit"
|
Remuneration Tribunal Act
|
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Act
|
|
Magistrates Act
|
|
|
|
Section 6(1)
|
section 9B of the Remuneration Tribunal
Act
|
section of the Assembly Members and Statutory Officers
(Remuneration and Other Entitlements) Act
|
|
Marine Act
|
|
|
|
Section 20
|
Remuneration (Statutory Bodies) Act
|
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Act
|
|
Northern Territory Licensing Commission
Act
|
|
|
|
Section 9(5)
|
Remuneration (Statutory Bodies) Act
|
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Act
|
|
Pastoral Land Act
|
|
|
|
Section 93(7)
|
Remuneration (Statutory Bodies) Act
|
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Act
|
|
Racing and Betting Act
|
|
|
|
Section 16(2)
|
Remuneration (Statutory Bodies) Act
|
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Act
|
____________________________
__________________
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