This Act was prepared on 1 June 2004
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

This Act may be cited as the Remuneration and Allowances Alteration Act 1986.

(1)

Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2)

Parts II and III and section 14 shall be deemed to have come into operation on 1 July 1986.

(1)

Determination No. 7 of 1986 of the Remuneration Tribunal dated 6 June 1986 is modified by omitting paragraph 1 and substituting the following paragraph:

1. Additional Salary and Expenses of Office Allowance.

(2) Paragraph 3 of Determination No. 7 of the Remuneration Tribunal dated 6
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June 1986 shall be taken not to have applied in relation to the decision of the Australian Conciliation and Arbitration Commission given on 26 June 1986 in a National Wage Case.

(3) The determination of the Remuneration Tribunal referred to in this section as modified by this section has effect as if it were a determination of the Remuneration Tribunal.

(1)

Determination No. 8 of 1986 of the Remuneration Tribunal dated 6 June 1986 is modified by omitting paragraph 1 and substituting the following paragraph:

1. Allowance by way of basic salary

(2) Paragraph 2 of Determination No. 8 of the Remuneration Tribunal dated 6 June 1986 shall be taken not to have applied in relation to the decision of the Australian Conciliation and Arbitration Commission given on 26 June 1986 in a National Wage Case.

(3) The determination of the Remuneration Tribunal referred to in this section as modified by this section has effect as if it were a determination of the Remuneration Tribunal.

(1)

Determination No. 11 of 1986 of the Remuneration Tribunal dated 6 June 1986 is modified:

(a)

by omitting paragraph 7.1;

(b)

by omitting from sub-subparagraph 7.2(d)(ii) ', or nominee as defined,';

(c)

by omitting from sub-subparagraph 7.2(d)(iii) ', spouse, or nominee as defined,' and substituting 'or spouse';

(d)

by omitting from subparagraph 7.3(c) 'or nominee'; and

(e)

by omitting from paragraph 7.4 'or nominee'.

(2)

The determination of the Remuneration Tribunal referred to in this section as modified by this section has effect as if it were a determination of the Remuneration Tribunal.

The Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 is in this Part referred to as the Principal Act.

(1)

Section 3 of the Principal Act is amended:

(a)

by omitting paragraphs (1)(a), (b) and (c) and substituting the following paragraphs:

'(a) the rate per annum of the salary applicable to the office on and after 1 July 1986 is the rate per annum specified in column 2 of the Schedule in relation to the office; and

(b)

the rate per annum of the expenses of office allowance applicable to the office is the rate per annum specified in column 3 of the Schedule in relation to the office.';

(b)

by omitting from subsection (2) '3' and substituting '2';

(c)

by omitting from subsections (5) and (6) '$564' and substituting '$616'; and

(d)

by omitting from paragraph (8)(b) '$1,984' and substituting '$2,167'.

(2)

Subsection 3(2) of the Principal Act shall be taken not to have applied in relation to the decision of the Australian Conciliation and Arbitration Commission given on 26 June 1986 in a National Wage Case.

Section 4 of the Principal Act is amended:

(a)

by omitting from sub-subparagraph (4)(a)(i)(A) '$155' and substituting '$165'; and

(b)

by omitting from sub-subparagraph (4)(a)(i)(B) '$110' and substituting '$115'.

Section 5 of the Principal Act is amended by omitting from subsection (1) '$10,640' and substituting '$11,715'.

Section 6 of the Principal Act is amended:

(a)

by omitting from sub-subparagraph (4)(a)(i)(A) '$140' and substituting '$145'; and

(b)

by omitting from sub-subparagraph (4)(a)(i)(B) '$105' and substituting '$110'.

Section 6A of the Principal Act is amended:

(a)

by omitting from subparagraphs (2)(a)(i) and (b)(i) '$95' and substituting '$100';

(b)

by omitting from subparagraph (2)(a)(ii) '$140' and substituting '$145';

(c)

by omitting from subparagraph (2)(a)(iii) '$105' and substituting '$110';

(d)

by omitting from subparagraph (2)(b)(ii) '$110' and substituting '$115'; and

(e)

by omitting from subparagraph (2)(b)(iii) '$85' and substituting '$89'.

(1)

Section 7 of the Principal Act is amended by omitting from subsection (1) 'at the rate of $10,640 per annum' and substituting 'at such rate as is determined by the Remuneration Tribunal'.

(2)

If no determination made after the commencement of this section by the Remuneration Tribunal is in force for the purposes of subsection 7(1) of the Principal Act as amended by this Act, the rate of the allowance payable by virtue of that subsection shall be $11,715 per annum.

The Schedule to the Principal Act is repealed and the following Schedule is substituted:

Subsection 3(1)

Subsection 7(8) of the Remuneration Tribunals Act 1973 does not apply in relation to a determination of the Remuneration Tribunal referred to in section 3 or 4 of this Act or in relation to such a determination as modified by this Act.

15 Recovery of overpayments

(1)

Where:

(a)

a person has been paid an amount by way of:

(i)

parliamentary salary; or

(ii)

parliamentary superannuation benefit; and

(b)

the amount so paid exceeds the amount that the person would have been entitled to be paid if Part II had been enacted, and had come into operation, on 1 July 1986;

the person is liable to pay to the Commonwealth the amount of the excess.

(2)

Where a person is liable to pay an amount to the Commonwealth under subsection (1):

(a)

the amount may be recovered, as a debt due to the Commonwealth, by action in a court of competent jurisdiction; and

(b)

the amount may be deducted from any other amount that is payable to the person by way of parliamentary salary or parliamentary superannuation benefit, as the case requires.

(3)

In this section: