An Act to establish a tribunal in relation to the remuneration
and allowances, and recreation leave entitlements, of the holders of certain
public and other offices, and for related purposes
Part I—Preliminary
1
Short title [see Note 1]
This Act may be cited as the Remuneration
Tribunal Act 1973.
2
Commencement [see Note 1]
This Act shall come into operation on
the day on which it receives the Royal Assent.
Part II—Remuneration etc. for certain offices and appointments
Division 1—Preliminary
3
Interpretation
(1) In this Part, unless the contrary
intention appears:
Aboriginal Corporation of the National Aboriginal
Conference means the corporation of that name registered under the Corporations
(Aboriginal and Torres Strait Islander) Act 2006.
ACT office means:
(a) an office or appointment specified
in any of paragraphs (fc) to (fh) of subsection 3(4), as modified by
regulations in force under the A.C.T. Self‑Government (Consequential
Provisions) Act 1988; or
(b) an office or appointment specified
in subsection 73(1) of the Australian Capital Territory (Self‑Government)
Act 1988.
allowance includes, but is not limited to, an
annual allowance and a travelling allowance.
Commonwealth higher education institution
means a higher education institution established by or under a law of the
Commonwealth or of a Territory (other than the Australian Capital Territory or
the Northern Territory).
employing body, in relation to a principal
executive office for which the Minister has, under section 3B, declared a
person, authority or body to be the employing body, means that person,
authority or body.
executive education office means an office of
the Vice‑Chancellor, or Deputy Vice‑Chancellor, of the Australian National
University.
higher education institution means an
institution that is a higher education institution within the meaning of the Employment,
Education and Training Act 1988 (other than an institution declared by the
regulations not to be a higher education institution for the purposes of this
Act), and includes any other institution declared by the regulations to be a
higher education institution for the purposes of this Act.
member means a member of the Tribunal and
includes a person appointed temporarily in the place of a member under
subsection 33(4) of the Acts Interpretation Act 1901‑1973.
office includes position.
President means President of the Tribunal and
includes a member appointed under subsection 4A(1).
principal executive office means any of the
following offices or appointments:
(a) Managing Director of the
Australian Postal Corporation;
(b) Chief Executive of the Australian
Industry Development Corporation;
(c) Chief Executive Officer of
Australian Rail Track Corporation Limited;
(d) Chief Executive Officer of the
Commonwealth Services Delivery Agency;
(e) Director of Aviation Safety of the
Civil Aviation Safety Authority;
(f) Chief Executive Officer of
Employment National Limited;
(g) Managing Director of the Export
Finance and Insurance Corporation;
(h) Managing Director of Health
Services Australia Limited;
(i) Managing Director of Medibank
Private Limited;
(j) Governor of the Reserve Bank of Australia;
(k) Deputy Governor of the Reserve
Bank of Australia;
(l) Chief Executive Officer of Sydney
Airports Corporation Limited;
(m) any other office or appointment
declared by the Minister under subsection 3A(1) to be a principal executive office.
public office has the meaning given by subsection (4).
public statutory corporation means a
corporation established for a public purpose by a law of the Commonwealth or a
law of a Territory but does not include an institution of tertiary education.
Tribunal means the Tribunal established by
subsection 4(1).
(2) A reference in this Part to remuneration
shall be read as including a reference to annual allowances.
(3) A reference in this Part to an office
includes a reference to an office that, within the meaning of the Australian
Capital Territory (Self‑Government) Act 1988, is an office
of member of the Assembly or Minister and any office in or in connection with
that Assembly that can be held only by a member of that Assembly.
(4) In this Part, a reference to a public
office is a reference to:
(a) an office established by, or an
appointment made under, a law of the Commonwealth (other than this Act);
(b) an office established by, or an
appointment made under, a law of a Territory, being an office or appointment,
or an office or appointment included in a class of offices or appointments,
specified by the Minister, by a notice in writing given to the President, to be
an office or appointment or a class of offices or appointments to which this
Part is to apply;
(c) an appointment made by the
Governor‑General or a Minister of State otherwise than under a law of the
Commonwealth or a law of a Territory, being an appointment, or an appointment
included in a class of appointments, specified by the Minister, by a notice in
writing given to the President, to be an appointment or a class of appointments
to which this Part is to apply;
(d) an office or appointment in the
service or employment of a public statutory corporation, being an office or
appointment that is specified by the Minister, by a notice in writing given to
the President, to be a senior office or senior appointment, as the case may be,
in the service or employment of the corporation to which this Part is to apply;
(da) an appointment as a director of an
incorporated company limited by guarantee where the interests and rights of the
members in or in relation to the company are beneficially owned by the
Commonwealth, being an appointment that is specified by the Minister, by a
notice in writing given to the President, to be an appointment to which this
Part is to apply;
(e) an appointment as a director of an
incorporated company all the stock or shares in the capital of which is or are
beneficially owned by the Commonwealth;
(f) an office or appointment in the
service or employment of an incorporated company referred to in paragraph (da)
or (e), being an office or appointment that is specified by the Minister, by a
notice in writing given to the President, to be a senior office or senior
appointment, as the case may be, in the service or employment of the company to
which this Part is to apply;
(fa) an office of member of the
Aboriginal Corporation of the National Aboriginal Conference;
(g) an office or appointment, or an
office or appointment included in a class of offices or appointments,
prescribed by the regulations for the purposes of this paragraph;
but does not include a reference to any of the following
offices or appointments:
(j) the office of President of Fair
Work Australia;
(ja) an office of member of the
Legislative Assembly, of member of the Council, or of Minister of the
Territory, within the meaning of the Northern Territory (Self‑Government)
Act 1978;
(jaa) an office of member of the
Legislative Assembly, of member of the Executive Council, or of executive
member, within the meaning of the Norfolk Island Act 1979;
(k) an office or appointment in the
Australian Public Service or the Commonwealth Teaching Service;
(l) an office or appointment the
terms and conditions of which are fixed under the Trade Representatives Act
1933;
(m) an office or appointment (other
than the office of Director‑General of Security) in the Australian
Security Intelligence Organisation;
(p) persons who are employed under
section 42 of the Naval Defence Act 1910;
(q) an office or appointment in the
service or employment of a higher education institution;
(r) an office or appointment in the
Defence Force other than an appointment as:
(i) Chief of the Defence
Force; or
(ii) Vice Chief of the
Defence Force; or
(iii) Chief of Navy; or
(iv) Chief of Army; or
(v) Chief of Air Force;
(ra) a principal executive office;
(s) an office or appointment in the
Australian Federal Police other than an office or appointment that is specified
by the Minister, by a notice in writing given to the President, to be a senior
office or senior appointment, as the case may be, in the Australian Federal
Police to which this Part is to apply;
(t) except as provided by paragraph (d)
or (f), an office or appointment in the service or employment of a public
statutory corporation or of an incorporated company;
(u) an office or appointment the
remuneration in respect of which is required by law to be fixed by or in
consultation with, or in accordance with arrangements made with, the Government
of a State or of a country other than Australia;
(v) an office or appointment, or an
office or appointment included in a class of offices or appointments,
prescribed by the regulations for the purposes of this paragraph.
(5) A reference in this Part to the making of
an appointment includes, unless the contrary intention appears, a reference to:
(a) the making of a contract with a
person for the performance of services by the person; and
(b) the issuing of a Commission, or of
another instrument (whether of a formal or informal nature), to a person
appointing, authorizing or requesting him or her, either alone or together with
another person or other persons, to hold an inquiry or perform other functions,
duties or services;
and the person with whom such a contract is made or to
whom such a Commission or other instrument is issued shall be deemed for the
purposes of this Part to be the holder of an appointment.
3A
Principal executive offices
(1) The Minister may, by writing, declare
that a specified office or appointment is a principal executive office.
(2) The Minister may, by writing, declare
that a specified principal executive office is assigned to a specified
classification within the classification structure determined by the Tribunal
under subsection 5(2A).
(3) A declaration made under subsection (2)
as to the classification to which a principal executive office is assigned may
state that the assignment of the office to the classification is a temporary
assignment. If the declaration so states, the assignment ceases to be an
assignment of the office to the classification at the end of the term of
appointment of the person who held the office when the assignment was made.
(4) If the Minister makes a declaration under
subsection (2) as to the classification to which a principal executive
office is assigned, the Minister may give a notice in writing to the employing
body for the office fixing the remuneration within that classification that is
to be the commencing remuneration for the office.
(5) A notice given under subsection (4)
fixing a commencing remuneration for a principal executive office may state
that the remuneration so fixed is a temporary commencing remuneration. If the
notice so states, that remuneration ceases to be the commencing remuneration
for the office at the end of the term of appointment of the person who held the
office when the notice was given.
(6) For each declaration under this section,
the Minister must seek the advice of the Tribunal and take that advice into
account.
3B
Employing body
The Minister may, by writing, declare
that a specified person, authority or body is the employing body for a
specified principal executive office.
3C
Provisions relating to declarations under sections 3A and 3B
(1) This section applies to the following
declarations:
(a) declarations under subsection
3A(1);
(b) declarations under subsection
3A(2);
(c) declarations under section 3B.
(2) Two or more declarations may be contained
in the same instrument, whether they relate to the same principal executive
office or to different principal executive offices.
(3) A copy of every instrument containing a
declaration or declarations is to be published in the Gazette.
Division 2—Determinations and reports by the Remuneration Tribunal
4
Establishment of Remuneration Tribunal
(1) For the purposes of this Part, there is
hereby established a Tribunal to be known as the Remuneration Tribunal.
(2) The Tribunal shall consist of three
members appointed by the Governor‑General on a part‑time basis.
(3) Subject to this Part, a member holds
office for a period not exceeding 5 years, but is eligible for re‑appointment.
(4) A person shall not be appointed as a
member if he or she is:
(a) a member of the Parliament;
(b) a person appointed or engaged
under the Public Service Act 1999;
(c) the holder of a public office;
(d) a Justice or Judge of a federal
court or of the Supreme Court of a Territory; or
(e) a person who, by virtue of an Act,
has the same status as a Justice or Judge of a court referred to in paragraph (d).
(5) The Governor‑General shall appoint
one of the members to be the President of the Tribunal.
(7) The exercise of the powers, and the
performance of the functions, of the Tribunal are not affected by a vacancy in
the membership of the Tribunal.
(8) In this section, President
does not include an acting President.
4A
Acting President
(1) The Minister may appoint a member to act
as President:
(a) during a vacancy in the office of
President; or
(b) during any period, or during all
periods, when the President is absent from duty or from Australia or is, for
any other reason, unable to perform the functions of his or her office;
but a person appointed to act during a vacancy shall not
continue so to act for more than 12 months.
(2) An appointment of a person under subsection (1)
may be expressed to have effect only in such circumstances as are specified in
the instrument of appointment.
(3) The Minister may:
(a) determine the terms and conditions
of appointment, including fees and allowances, of a person acting as President;
and
(b) terminate such an appointment at
any time.
(4) Where a person is acting as President in
accordance with paragraph (1)(b) and the office of President becomes
vacant while that person is so acting, then, subject to subsection (2),
that person may continue so to act until the Minister otherwise directs, the
vacancy is filled or a period of 12 months from the date on which the vacancy
occurred expires, whichever first happens.
(5) The appointment of a person to act as
President ceases to have effect if he or she resigns his or her appointment by
writing signed by him or her and delivered to the Minister.
(6) The validity of anything done by a person
purporting to act under subsection (1) shall not be called in question on
the ground that the occasion for his or her appointment had not arisen, that
there was a defect or irregularity in or in connection with his or her
appointment, that the appointment had ceased to have effect or that the occasion
for him or her to act had not arisen or had ceased.
4B
Disclosure of interest by Tribunal members
(1) Where the President is taking part, or is
to take part, in the consideration of a matter by the Tribunal and the
President has or acquires any interest, pecuniary or otherwise, that could
conflict with the proper performance of his or her functions in relation to the
matter:
(a) the President must, in writing,
disclose the interest to the Minister; and
(b) the President must not take part,
or continue to take part, in the consideration of the matter, unless the
Minister consents in writing.
(2) Where a member other than the President
is taking part, or is to take part, in the consideration of a matter by the
Tribunal and the member has or acquires an interest, pecuniary or otherwise,
that could conflict with the proper performance of the member’s functions in
relation to the matter:
(a) the member must, in writing,
disclose the interest to the President; and
(b) the member must not take part, or continue
to take part, in the consideration of the matter, if the President gives a
direction under subsection (3).
(3) Where the President becomes aware:
(a) that a member is taking part, or
is to take part, in the consideration of a matter by the Tribunal; and
(b) that the member has, in relation
to the consideration of the matter, an interest referred to in subsection (2);
then, if the President considers that the member should
not take part, or continue to take part, in the consideration of the matter,
the President is to give a direction in writing to the member accordingly.
5
Functions of Tribunal
(1) The functions of the Tribunal are to
inquire into, and report to the Minister on, matters referred to in section 6
and to inquire into, and determine, matters referred to in section 7
(other than subsection 7(3D)), having regard to:
(a) national minimum wage orders made
by Fair Work Australia; or
(b) if Fair Work Australia has not yet
made its first national minimum wage order—the last wage‑setting decision
of the Australian Fair Pay Commission.
(2) An additional function of the Tribunal is
to provide advice to the Australian National University and the University of Canberra
in relation to terms and conditions (including remuneration and allowances) on
which executive education offices in those bodies are to be held.
(2A) An
additional function of the Tribunal is to:
(a) determine a classification
structure for principal executive offices; and
(b) in connection with determinations
made under paragraph (a), exercise the powers referred to in subsections
7(3D), (3E) and (3F).
(2B) An additional function of the Tribunal is
to provide advice, for the purposes of the Public Service Act 1999, in
relation to terms and conditions (including remuneration and allowances) for
the following offices:
(a) the office of Public Service
Commissioner;
(b) the office of Merit Protection
Commissioner;
(c) offices of Secretary;
(d) offices of Heads of Executive
Agencies.
(2C) An additional function of the Tribunal is
to provide advice for the purposes of subclause 1(3) of Schedule 3 to the Remuneration
and Allowances Act 1990.
(2D) An additional function of the Tribunal is
to provide advice, for the purposes of the Parliamentary Service Act 1999,
in relation to terms and conditions (including remuneration and allowances) for
the following offices:
(a) the office of Parliamentary
Service Commissioner;
(b) the office of Parliamentary
Service Merit Protection Commissioner;
(c) offices of Secretary;
(d) the office of Parliamentary
Librarian.
(3) In providing advice under this section in
relation to the terms and conditions as to remuneration on which principal
executive offices or executive education offices are to be held, the Tribunal
must have regard to the superannuation entitlements of the holders of those
offices.
6
Inquiries and reports by Tribunal
(1) The Tribunal shall, from time to time as
provided by this Part, inquire into, and report to the Minister on, the
question whether any alterations are desirable in the salaries payable to
Ministers of State out of public moneys of the Commonwealth.
(2A) The Tribunal, from time to time as provided
by this Part, is to inquire into, and report to the Minister on, the rates of
salaries in relation to:
(a) Vice‑Chancellors, Principals
and other chief executive officers of higher education institutions (other than
Commonwealth higher education institutions); and
(b) deputies (however described) of
officers referred to in paragraph (a);
that should be used as a basis for making grants in
relation to recurrent expenditure in connection with those institutions, and
the dates as from which those rates of salary should be so used.
(3) Where the Tribunal inquires into a matter
referred to in subsection (1) or (2A):
(a) the Tribunal may also inquire
into, and report on, any matter that is, or is considered by it to be,
significantly related to the first‑mentioned matter; and
(b) if the Minister, by a notice in
writing given to the President, requests the Tribunal to inquire into, and
report on, a matter specified in the notice, being a matter that is, or is
considered by the Minister to be, significantly related to the first‑mentioned
matter, the Tribunal shall inquire into, and report on, the matter specified in
the notice.
(4) If the Tribunal reports that alterations
are desirable in respect of a matter, it shall, in its report, recommend the
nature and extent of the alterations that should be made.
(5) The Minister shall cause a copy of a
report to be laid before each House of the Parliament within 15 sitting days of
that House after the report is received by him or her.
7
Inquiries and determinations by Tribunal
(1) The Tribunal shall, from time to time as
provided by this Part, inquire into, and determine, the allowances (including
allowances in accordance with section 48 of the Constitution) to be paid
out of the public moneys of the Commonwealth to members of the Parliament by
reason of their membership of the Parliament or by reason of their holding
particular offices, or performing particular functions, in, or in relation to,
the Parliament or either House of the Parliament.
(2) The Tribunal shall, from time to time as
provided by this Part, inquire into, and determine, the allowances to be paid
to Ministers of State out of the public moneys of the Commonwealth.
(3) The Tribunal shall, from time to time as
provided by this Part, inquire into, and determine, the remuneration to be paid
to the holders of public offices other than holders of those offices who are
members of, or candidates for election to, either House of the Parliament.
(3AA) The Tribunal, as provided by this Part, is to
inquire into, and determine, the recreation leave entitlements of the full‑time
holders of relevant offices other than holders of those offices who are members
of, or candidates for election to, either House of the Parliament.
(3AB) For the purposes of subsection (3AA), a
relevant office is a public office in relation to which a law of the
Commonwealth provides that the holder of the office has such recreation leave
entitlements as are determined by the Tribunal.
(3AC) The holder of a public office that is a
relevant office within the meaning of subsection (3AA) may take recreation
leave only with the approval of the person, authority or body, or a delegate of
the person, authority or body, who may, under a law of the Commonwealth, grant
leave of absence other than recreation leave to the holder of that office.
(3AD) Where a law of the Commonwealth does not
specify a person, authority or body who may grant leave of absence other than
recreation leave to the holder of such an office, the Tribunal may specify a
person, authority or body whose approval is required in relation to the taking
of recreation leave by the holder of that office.
(3A) The Tribunal may make a determination under
subsection (3) or (3AA) in relation to persons included in a class of
persons specified in the determination without specifying in the determination
every person who is included in that class.
(3B) The Tribunal may determine that the
remuneration to be paid to the holder of an office is the same as that of the
holder of another office referred to in the determination, including another
office the remuneration payable to the holder of which is determined by some
other Commonwealth tribunal or authority.
(3C) The Tribunal may determine that the
recreation leave entitlements of the full‑time holder of a public office
are the same as those of the holder of another office referred to in the
determination, including another office the entitlements of the holder of which
are determined by some other Commonwealth tribunal or authority.
(3D) The Tribunal may, from time to time as
provided by this Part:
(a) hold inquiries for the purpose of
performing its function under subsection 5(2A); and
(b) in determining under that
subsection a classification structure for principal executive offices,
determine the terms and conditions (including remuneration and allowances, or
bands of remuneration and allowances) applicable to each classification within
the classification structure.
(3E) The Tribunal may, from time to time, make
recommendations as to any matters relating to principal executive offices,
either generally or in respect of a particular principal executive office or
particular principal executive offices.
(3F) In determining under subsection (3D)
the terms and conditions as to the remuneration or band of remuneration that is
to be applicable to a classification within a classification structure, the
Tribunal must have regard to the superannuation entitlements of the holders of
principal executive offices assigned to the classification.
(4) Where the Tribunal inquires into a matter
referred to in subsection (1), (2), (3), (3AA) or (3D):
(a) the Tribunal may also inquire
into, and either determine or report on, any matter that is, or is considered
by it to be, significantly related to the first‑mentioned matter; and
(b) if the Minister, by a notice in
writing given to the President, requests the Tribunal to inquire into, and
either to determine or report on, a matter specified in the notice, being a
matter that is, or is considered by the Minister to be, significantly related
to the first‑mentioned matter, the Tribunal shall inquire into the matter
specified in the notice and either determine or report on that matter, as the
case may be, in accordance with the request.
(4A) The Tribunal may inquire into and determine
the travelling allowances to be paid to members of committees established under
section 54, and members of sub‑committees established under
subsection 58(1A), of the Fisheries Administration Act 1991 in relation
to the performance of their duties as members of the committees or sub‑committees.
(4B) The Tribunal may inquire into and determine
the travelling allowances to be paid to the President of Fair Work Australia
for travel within Australia.
(5) Subject to subsection (5A), a
determination of the Tribunal shall be in writing and shall come into
operation, or shall be deemed to have come into operation, on such date as the
Tribunal specifies in the determination.
(5A) A determination to which this subsection
applies comes into operation according to subsections (5C) and (5D).
(5B) Subsection (5A) applies to a
determination that relates to the remuneration to be paid to a holder of:
(a) an office of Justice or Judge of a
Federal Court or of the Supreme Court of a Territory; or
(b) the office of a person who, under
an Act, has the same status as a Justice or Judge of a court referred to in paragraph (a).
(5C) So far as it relates to a holder of an
office referred to in subsection (5B), a determination to which subsection (5A)
applies takes effect on the latest of the following:
(a) the date specified by the Tribunal
in the determination;
(b) the day after the fifteenth
sitting day of the House of Representatives after a copy of the determination
is laid before that House;
(c) the day after the fifteenth
sitting day of the Senate after a copy of the determination is laid before the
Senate.
(5D) Except to the extent that subsection (5C)
applies, a determination to which subsection (5A) applies takes effect
according to subsection (5).
(5E) Where, under subsection (5C), a
determination, so far as it relates to a particular office, comes into operation
after the date specified in the determination, a person who held the office at
any time during the period of deferral is entitled to receive the difference
between:
(a) the remuneration that would have
been payable to him or her in respect of that period if the determination had
come into operation according to subsection (5); and
(b) the remuneration that was payable
to him or her in respect of that period.
(5F) For the purposes of subsection (5E),
the period of deferral is the period commencing on the date specified in the
determination and ending on the day on which the determination comes into
operation in relation to the holder of the particular office.
(6) The Tribunal must give the Minister a
copy of every determination made by the Tribunal, other than a determination
that relates to an ACT office.
(6A) The Tribunal must give the Chief Minister
of the Australian Capital Territory a copy of every determination made by the
Tribunal in relation to an ACT office.
(7) The Minister shall cause a copy of a
determination, other than a determination that relates to an ACT office, to be
laid before each House of the Parliament within 15 sitting days of that House
after the determination is received by him or her.
(8) If either House of the Parliament, within
15 sitting days of that House after a copy of a determination has been laid
before that House, passes a resolution disapproving of the determination, then:
(a) if the determination has not come
into operation—the determination shall not come into operation; or
(b) if the determination has come into
operation—the determination shall not have any force or effect in respect of a
period on or after the day on which the resolution was passed.
(8A) If the Legislative Assembly of the
Australian Capital Territory, within 30 sitting days of the Assembly after a
copy of a determination that relates to an ACT office is given to the Chief
Minister, passes a resolution disapproving of the determination, then:
(a) if the determination has not come
into operation—the determination does not come into operation; or
(b) if the determination has come into
operation—the determination does not have any force or effect after the day on
which the resolution is passed.
(9) Remuneration (including salary) or
allowances to which a subsisting determination applies shall, notwithstanding
the provisions of any other law of the Commonwealth, of any law of a State or
Territory, of any instrument having effect by virtue of such a law or of any
contract, but subject to the succeeding provisions of this section:
(a) in the case of remuneration or
allowances payable to a person who:
(i) holds an office or
appointment as, or as a member of, or in the service or employment of, a public
statutory corporation or an office or appointment as a member of a body
established to manage, conduct or control the business or affairs of, or
otherwise to perform functions in relation to, such a corporation; or
(ii) holds an office or
appointment as a director of, or in the service or employment of, an
incorporated company;
being a corporation or company
that has funds under its control that are lawfully available to pay the
remuneration or allowances—be paid in accordance with the determination out of
those funds; and
(aa) in the case of remuneration or
allowances payable to a person who holds an office of Magistrate within the
meaning of the law of the Northern Territory known as the Justices Act as
in force from time to time—be paid in accordance with the determination out of
public moneys of the Territory within the meaning of Part V of the Northern
Territory (Self‑Government) Act 1978; and
(acaa) in the case of remuneration or
allowances payable to a person who holds an office or appointment under Part 3A
of the Aboriginal and Torres Strait Islander Act 2005—be paid in
accordance with the determination out of money of the Torres Strait Regional
Authority that is lawfully available to pay the remuneration or allowances; and
(aca) in the case of remuneration or
allowances payable to a person who holds an office or appointment under Part 4
of the Aboriginal and Torres Strait Islander Act 2005—be paid in
accordance with the determination out of money of the Aboriginal and Torres
Strait Islander Commercial Development Corporation that is lawfully available
to pay the remuneration or allowances; and
(acaaa) in the case of remuneration or
allowances payable to a person who holds an office or appointment under Part 4A
of the Aboriginal and Torres Strait Islander Act 2005—be paid in
accordance with the determination out of money of the Indigenous Land
Corporation that is lawfully available to pay the remuneration or allowances;
and
(acb) in the case of remuneration or
allowances payable to a person who holds an office or appointment under the Australian
Institute of Aboriginal and Torres Strait Islander Studies Act 1989—be paid
in accordance with the determination out of money of the Australian Institute
of Aboriginal and Torres Strait Islander Studies that is lawfully available to
pay the remuneration or allowances; and
(ad) in the case of remuneration or
allowances payable to a person who holds the office of Commissioner of Private
Health Insurance Administration, an office of member of the Private Health
Insurance Administration Council or the office of Director of that Council—to
be paid in accordance with the determination out of funds under the control of
that Council; and
(b) in any other case—be paid in
accordance with the determination out of the Consolidated Revenue Fund.
(10) A member of, or a candidate for election
to, either House of the Parliament is not entitled to be paid, and shall not be
paid, any remuneration or allowances in respect of his or her holding, or
performing the duties of, a public office but he or she shall be reimbursed:
(a) in the case of a public office to
which paragraph (9)(a) applies—out of the funds of the corporation or
company concerned; or
(b) in any other case—out of the
Consolidated Revenue Fund, such expenses as he or she reasonably incurs in
respect of his or her holding, or performing the duties of, that office.
(11) Except as prescribed, or as authorized or
approved by or under any other law of the Commonwealth or any law of a
Territory, a person is not entitled to be paid any remuneration in respect of
his or her holding, or performing the duties of, a public office on a part‑time
basis if the person holds any office or appointment, or is otherwise employed,
on a full‑time basis in the service or employment of the Commonwealth,
the Administration of a Territory, a public statutory corporation, an
incorporated company referred to in paragraph 3(4)(da) or an incorporated
company all the stock or shares in the capital of which is or are beneficially
owned by the Commonwealth or by a public statutory corporation.
(11A) For the purposes of subsection (11), an
office of member of the Aboriginal Corporation of the National Aboriginal
Conference shall be deemed to be an office in the service of the Commonwealth.
(12) Except as prescribed, a person is not entitled
to be paid any remuneration in respect of his or her holding, or performing the
duties of, a public office if the person holds a judicial office in the service
of the Government of a State or of a country other than Australia.
(12A) Where the same person holds each of two
public offices on a full‑time basis:
(a) if the salary applicable to one of
those offices is higher than the salary applicable to the other of those
offices—he or she shall be remunerated only by the salary and annual allowance
(if any) applicable to the office to which the higher salary is applicable; or
(b) if the same salary is applicable
to each of those offices:
(i) where an annual
allowance is applicable to one only of those offices—he or she shall be
remunerated only by the salary and annual allowance applicable to that office;
(ii) if an annual allowance
is applicable to each of those offices but the annual allowance applicable to
one of those offices is higher than the annual allowance applicable to the
other of those offices—he or she shall be remunerated only by the salary and
annual allowance applicable to the office to which the higher annual allowance
is applicable; or
(iii) if the same annual
allowance is applicable to each of those offices—he or she shall be remunerated
only by the salary and annual allowance applicable to one of those offices.
(13) The Consolidated Revenue Fund is
appropriated for the purposes of subsections (9) and (10).
(14) Nothing in a determination affects the
operation of section 17 of the Remuneration and Allowances Act 1973.
8 Time
of making reports and determinations
(1) Subject to this section, the Tribunal
shall, as soon as practicable after the commencement of this Act, and at
subsequent intervals of not more than 1 year, make:
(a) reports on the matters referred to
in subsections 6(1), (2) and (2A); and
(b) determinations in respect of the
matters referred to in subsections 7(1), (2) and (3).
(2) Where:
(a) an office came into existence
before the commencement of the Remuneration and Allowances Amendment Act
1983 and the Tribunal has not determined the remuneration to be paid in
respect of that office;
(aa) an office comes into existence
after that commencement; or
(b) a substantial change in the
functions or duties to be performed by the holder of an office has occurred
since the Tribunal last determined the remuneration to be paid in respect of
that office;
the Tribunal shall, as soon as practicable but without
prejudice to its obligations under subsection (1), inquire into and
determine the remuneration to be paid in respect of that office.
(2A) Subsection (2) does not apply in
relation to the holder of an office who is a member of, or a candidate for
election to, either House of the Parliament.
(3) Where the Tribunal inquires into, and
determines, the remuneration to be paid in respect of an office in accordance
with subsection (2), the Tribunal may also inquire into, and either
determine or report on, any matter that is, or is considered by it to be,
significantly related to that remuneration.
(4) In subsections (2), (2A) and (3), office
means a public office.
8A
Time of making recreation leave determinations
(1) Subject to this section, the Tribunal
may, from time to time, make determinations in respect of the matters referred
to in subsection 7(3AA).
(2) Where:
(a) a public office becomes a relevant
office within the meaning of subsection 7(3AA) and is held by a person on a
full‑time basis; or
(b) a public office, being such a
relevant office, comes into existence and is held by a person on a full‑time
basis; or
(c) a substantial change in the
functions or duties to be performed by the holder of a public office has
occurred since the Tribunal last determined the recreation leave entitlement of
a full‑time holder of that office;
the Tribunal must, as soon as practicable but without
prejudice to its obligations under subsection (1), inquire into and
determine the recreation leave entitlements of a full‑time holder of that
office.
(3) Subsection (2) does not apply in relation
to the holder of a public office who is a member of, or a candidate for
election to, either House of the Parliament.
(4) Where the Tribunal inquires into, and
determines, the recreation leave entitlements of a full‑time holder of a
public office in accordance with subsection (2), the Tribunal may also
inquire into, and either determine or report on, any matter that is, or is
considered by it to be, significantly related to those entitlements.
8B
Hearings in relation to discriminatory determinations
(1) If a determination is referred to the
Tribunal under section 46PX of the Australian Human Rights Commission
Act 1986, the Tribunal must hold a hearing to review the determination.
(2) Section 10 applies to the hearing as
if it were a meeting of the Tribunal.
(3) The Tribunal must decide whether or not
the hearing is to be held in public.
(4) If the Tribunal decides that the hearing
is not to be held in public, then, subject to subsection (5), it may
decide the people who may be present.
(5) The Sex Discrimination Commissioner is
entitled to notice of, and to be present at, the hearing and may make
submissions to the Tribunal.
(6) In this section:
determination includes a variation to a
determination.
8C
Review of discriminatory determinations
(1) If:
(a) a determination has been referred
to the Tribunal under section 46PX of the Australian Human Rights
Commission Act 1986; and
(b) the Tribunal considers that the
determination is a discriminatory determination;
the Tribunal must take the necessary action to remove the
discrimination, by setting aside the determination, setting aside terms of the
determination or varying the determination.
(2) In this
section:
determination has the same meaning as in
section 8B.
discriminatory
determination means a determination that:
(a) has been referred to the Tribunal
under section 46PX of the Australian Human Rights Commission Act 1986;
and
(b) requires a person to do an act
that would be unlawful under Part II of the Sex Discrimination Act 1984
except for the fact that the act would be done in direct compliance with
the determination.
(3) For the purposes of the definition of discriminatory
determination in subsection (2), the fact that an act is done in
direct compliance with the determination does not of itself mean that the act
is reasonable.
9
Resignation and removal from office
(1) A member may resign his or her office by
writing signed by him or her and delivered to the Governor‑General.
(2) The Governor‑General may remove a
member from office for misbehaviour or physical or mental incapacity.
(3) A member ceases to hold office if he or
she becomes a person mentioned in subsection 4(4).
10
Meetings of the Tribunal
(1) The President may convene meetings of the
Tribunal.
(2) The President shall preside at all
meetings of the Tribunal at which he or she is present.
(3) In the event of the absence of the
President from a meeting, another member nominated by the President shall
preside.
(4) At a
meeting of the Tribunal:
(a) the procedure shall be as
determined by the Tribunal;
(b) two members constitute a quorum;
(c) all questions shall be decided by
a majority of votes of the members present and voting; and
(d) the member presiding has a
deliberative vote and, in the event of an equality of votes, also has a casting
vote.
11
Method of inquiry by Tribunal
(1) In the performance of the functions of
the Tribunal:
(a) the Tribunal may inform itself in
such manner as it thinks fit;
(b) the Tribunal may receive written
or oral statements;
(c) the Tribunal is not required to
conduct any proceeding in a formal manner; and
(d) the Tribunal is not bound by the
rules of evidence.
(2) The Minister may, if he or she thinks
fit, appoint a person or persons to assist the Tribunal in an inquiry.
12
Fees and allowances
A member and any person appointed under
subsection 11(2) to assist the Tribunal shall be paid such fees and allowances
as are prescribed.
12AA
Annual report
(1) The Tribunal shall, as soon as
practicable after 30 June in each year, prepare and furnish to the
Minister a report of the operations of the Tribunal during the year that ended
on that 30 June.
(1A) The Tribunal shall include in the report an
assessment of the general operation of subsection 5(2).
(2) The Minister shall cause a copy of a
report furnished to him or her under subsection (1) to be laid before each
House of the Parliament within 15 sitting days of that House after the day on
which he or she receives the report.
Division 3—Determinations by employing bodies for principal executive
offices
12C
Terms and conditions determined by employing body
(1) Subject to subsection (2), the
employing body for a principal executive office may, in writing, determine the
terms and conditions (including remuneration and allowances) applying to the
office.
(2) Except with the written consent of the
Tribunal, an employing body must not determine terms and conditions in respect
of a principal executive office that are inconsistent with terms and conditions
determined by the Tribunal under subsection 7(3D) in respect of the
classification to which the office is assigned.
(3) If a determination is in force under this
section for a principal executive office, the determination overrides any
provision of another Act that provides for the terms and conditions applying to
the principal executive office, unless that other provision refers to, and is
expressed to override, this section.
Part IV—Miscellaneous
13
Regulations
The Governor‑General may make
regulations, not inconsistent with this Act, prescribing all 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.
(a) The Remuneration Tribunal Act 1973 was
amended by sections 182 and 183 only of the Defence Force Re‑organization
Act 1975, section 2 of which provides as follows:
2 This Part shall come into operation
on the day on which this Act receives the Royal Assent, and the remaining
provisions of this Act shall come into operation on such date as is, or such
respective dates as are, fixed by Proclamation.
(b) The Remuneration Tribunal Act 1973 was
amended by section 117 only of the Statute Law Revision Act 1981,
subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act
shall come into operation on the day on which it receives the Royal Assent.
(c) The Remuneration Tribunal Act 1973 was
amended by Part XX (sections 255 and 256) only of the Commonwealth
Functions (Statutes Review) Act 1981, subsection 2(1) of which provides as
follows:
(1) Parts I, IV, IX, X, XI, XII, XIII,
XV, XVII (other than sections 220, 221, 222, 223, 225, 226, 227, 228 and
230), XX, XXI, XXII and XXIII shall come into operation on the day on which
this Act receives the Royal Assent.
(d) The Remuneration Tribunal Act 1973 was
amended by Part XIX (section 68) only of the Statute Law
(Miscellaneous Amendments) Act 1981, subsection 2(12) of which provides as
follows:
(12) The remaining provisions of this Act
shall come into operation on the twenty‑eighth day after the day on which
this Act receives the Royal Assent.
(e) The Remuneration Tribunal Act 1973 was
amended by section 95 only of the Public Service Acts Amendment Act
1982, subsection 2(4) of which provides as follows:
(4) The remaining provisions of this Act
shall come into operation on such date as is, or on such respective dates as
are, fixed by Proclamation.
(f) The Remuneration Tribunal Act 1973 was
amended by section 3 only of the Statute Law (Miscellaneous Provisions)
Act (No. 1) 1983, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act
shall come into operation on the twenty‑eighth day after the day on which
it receives the Royal Assent.
(g) The Remuneration Tribunal Act 1973 was
amended by Part IV (sections 9 and 10) only of the Remuneration
and Allowances Amendment Act 1983, subsection 2(1) of which provides as
follows:
(1) Subject to this section, this Act
shall come into operation on the day on which it receives the Royal Assent.
(h) The Remuneration Tribunal Act 1973 was
amended by sections 149, 150, 151(1) and 152(1) only of the Public
Service Reform Act 1984, subsections 2(1) and (4) of which provide as
follows:
(1) Sections 1, 2, 3, 4 and 7,
subsections 29(1) and (3), sections 107 and 108, Parts III and IV and
sections 125, 138, 142, 144 and 149 shall come into operation on the day
on which this Act receives the Royal Assent.
(4) The remaining provisions of this Act
shall come into operation on such day as is, or on such respective days as are,
fixed by Proclamation.
(j) The Remuneration Tribunal Act 1973 was
amended by section 120 only of the Defence Legislation Amendment Act
1984, subsection 2(2) of which provides as follows:
(2) Section 1, this section and
sections 16, 17, 18, 19 and 120 and Part XIV shall come into
operation on the day on which this Act receives the Royal Assent.
(k) The Remuneration
Tribunal Act 1973 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which
provides as follows:
(1) Subject to this section, this Act
shall come into operation on the twenty‑eighth day after the day on which
it receives the Royal Assent.
(l) The Remuneration
Tribunal Act 1973 was amended by Part VIII (section 60) only of
the Australian Trade Commission (Transitional Provisions and Consequential
Amendments) Act 1985, subsection 2(1) of which provides as follows:
(1) Subject
to subsections (2) and (3), this Act shall come into operation on the
commencing day.
Section 3 of
the Australian Trade Commission Act 1985 defines “commencing day” as the
day fixed by Proclamation for the purposes of subsection 2(2) of that Act.
(m) The Remuneration Tribunal Act 1973 was
amended by section 86 only of the Industrial Relations (Consequential
Provisions) Act 1988, subsection 2(2) of which provides as follows:
(2) The remaining provisions of this Act
commence on the commencement of section 8 of the Industrial Relations
Act 1988.
(n) The Remuneration Tribunal Act 1973 was
amended by section 32 only of the A.C.T. Self‑Government
(Consequential Provisions) Act 1988, subsection 2(3) of which provides as
follows:
(3) The remaining provisions of this Act
(including the amendments made by Schedule 5) commence on a day or days to
be fixed by Proclamation.
(o) The Remuneration Tribunal Act 1973 was
amended by Part 6 (sections 63 and 64) only of the Community
Services and Health Legislation Amendment Act 1989, subsection 2(1) of
which provides as follows:
(1) Subject to subsections (2), (3),
(4), (5), (6), (7), (8), (9) and (10), this Act commences on the day on which
it receives the Royal Assent.
(p) The Remuneration Tribunal Act 1973 was
amended by section 25 only of the Territories Law Reform Act 1992,
subsection 2(1) of which provides as follows:
(1) Sections 1, 2, 25 and 26
commence on the day on which this Act receives the Royal Assent.
(q) The Remuneration Tribunal Act 1973 was
amended by section 80 only of the Aboriginal and Torres Strait
Islander Commission Amendment Act (No. 3) 1993, subsection 2(3)(b) of
which provides as follows:
(3) The following provisions commence on 1 July 1994:
(b) Part 28 (other than
Subdivision A of Division 2) and Schedules 2 and 3.
(r) The Remuneration Tribunal Act 1973 was
amended by Schedule 2 (item 90) and Schedule 5 (items 135–137)
only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of
which provide as follows:
(1) Subject to subsections (2) and
(3), this Act commences on the day on which it receives the Royal Assent.
(2) Each item in Schedule 2
commences or is taken to have commenced (as the case requires) at the time
specified in the note at the end of the item.
Item 90 is taken to have commenced immediately
after the commencement of section 9 of the Remuneration Tribunal Act
1974. Section 9 of the Remuneration Tribunal Act 1974 commenced
on 16 October 1974.
(s) The Remuneration Tribunal Act 1973 was
amended by Schedule 2 (items 49, 88 and 114) only of the Defence
Legislation Amendment Act (No. 1) 1997, subsection 2(1) of which
provides as follows:
(1) Subject to subsections (2) and
(3), this Act commences on the day on which it receives the Royal Assent.
(t) The Remuneration
Tribunal Act 1973 was amended by Schedule 1 (Part 3) only of the Education
Legislation Amendment Act 1997, subsections 2(3) and (4) of which provide
as follows:
(3) If Part 1 of Schedule 1
does not commence under subsection (2) within 6 months after the day on
which this Act receives the Royal Assent, it commences on the first day after
the end of that period.
(4) Parts 2,
3 and 4 of Schedule 1 commence immediately after the commencement of Part 1
of Schedule 1.
Part 1
commenced on 1 December 1997.
(u) The Remuneration
Tribunal Act 1973 was amended by Schedule 5 (item 13) only of the
Defence Legislation Amendment Act (No. 1) 1999, subsection 2(4) of
which provides as follows:
(4) Schedule 5 commences on 1 January 2001.
(v) The Remuneration Tribunal Act 1973 was
amended by Schedule 1 (items 776–781) only of the Public
Employment (Consequential and Transitional) Amendment Act 1999, subsections
2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means
the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act
commences at the commencing time.
(w) The Remuneration Tribunal Act 1973 was
amended by Schedule 3 (items 1 and 56) only of the Australian
Security Intelligence Organisation Legislation Amendment Act 1999,
subsection 2(2) of which provides as follows:
(2) Subject to subsections (3) to (6), Schedule 3 commences immediately after the commencement of the other
Schedules to this Act.
The other Schedules commenced on Royal Assent.
(x) Subsection 2(1) (item 5) of the Dairy
Adjustment Levy Termination Act 2008 provides as follows:
(1) Each
provision of this Act specified in column 1 of the table commences, or is taken
to have commenced, in accordance with column 2 of the table. Any other
statement in column 2 has effect according to its terms.
|
Commencement
information
|
|
Column
1
|
Column
2
|
Column
3
|
|
Provision(s)
|
Commencement
|
Date/Details
|
|
5.
Schedule 3, item 3
|
Immediately
after the day specified for the purposes of subclause 55(2) of
Schedule 2 to the Dairy Produce Act 1986.
|
31
December 2008 (see
F2008L04779)
|
(y) Subsection 2(1) (items 24 and 30) of the
Fair Work (State Referral and Consequential and Other Amendments) Act 2009
provides as follows:
(1) Each provision of this Act specified
in column 1 of the table commences, or is taken to have commenced, in
accordance with column 2 of the table. Any other statement in column 2 has
effect according to its terms.
|
Provision(s)
|
Commencement
|
Date/Details
|
|
24. Schedule 8, items 1 to 130
|
Immediately after the commencement of Part 2‑4
of the Fair Work Act 2009.
|
1 July 2009 (see F2009L02563)
|
|
30. Schedule 8, items 140 to 161
|
Immediately after the commencement of Part 2‑4
of the Fair Work Act 2009.
|
1 July 2009 (see F2009L02563)
|
Table A
Application, saving or transitional provisions
Industrial Relations and other Legislation Amendment Act
1995
(No. 168,
1995)
Schedule 9
4 Continuance of determinations until new conditions
substituted
(1) Despite the amendments of the Remuneration
Tribunal Act 1973 made by this Act, any determination of the Remuneration
Tribunal:
(a) that relates to the salary payable
to the Vice‑Chancellor or Deputy Vice‑Chancellor of the Australian National
University; and
(b) that was in force immediately
before those amendments;
continues in force in relation to that office until such time as
the Council of the Australian National University makes a determination in
substitution for that determination as so continued in force.
(2) Despite the amendments of the Remuneration
Tribunal Act 1973 made by this Act, any determination of the Remuneration
Tribunal:
(a) that relates to the salary payable
to the Vice‑Chancellor or Deputy Vice‑Chancellor of the University
of Canberra; and
(b) that was in force immediately
before those amendments;
continues in force in relation to that office until such time as
the Council of the University of Canberra makes a determination in substitution
for the determination as so continued in force.
(3) Despite the amendments of the Remuneration
Tribunal Act 1973 made by this Act, any determination of the Remuneration
Tribunal:
(a) that relates to the salary payable
to the Principal or Deputy Principal of the Australian Maritime College; and
(b) that was in force immediately
before those amendments;
continues in force in relation to
that office until such time as the Council of the Australian Maritime College
makes a determination in substitution for the determination as so continued in
force.
Education Legislation Amendment Act 1997 (No. 66, 1997)
Part 4—Transitional provisions
19 Purpose of this Part
This Part sets out transitional provisions relating to the
transfer of the responsibility for the University of Canberra from the
Commonwealth to the Australian Capital Territory.
20 Definitions
In this Part, unless the contrary intention appears:
ACT enactment
means an enactment as defined by section 3 of the Australian Capital
Territory (Self‑Government) Act 1988.
transfer day
means the day on which Part 1 of this Schedule commences.
University means
the University of Canberra established by section 4 of the University Act.
University Act
means the University of Canberra Act 1989 as in
force from time to time before the transfer day.
21 Terms and conditions of employment of University
employees
If a person was employed by the University immediately before the
transfer day, this Act does not affect the terms and conditions (including any
accrued entitlement to benefits) of that employment.
22 Audit
If the transfer day is less than a year after the end of the last
period in respect of which a report was made by the Auditor‑General under
subsection 37(4) of the University Act, that subsection has effect in respect
of the period (the final reporting period) beginning immediately after the end
of that last period and ending immediately before the transfer day as if the
reference to a year in that subsection were a reference to the final reporting
period.
23 Annual report and financial statements
If the transfer day is less than a year after the end of the last
year in respect of which a report was prepared under section 39 of the
University Act, that section has effect in respect of the period beginning
immediately after the end of that last year and ending immediately before the
transfer day as if:
(a) a reference in that section to a
year were a reference to that period; and
(b) a reference in that section to 31 December
were a reference to the transfer day.
Human Rights Legislation Amendment Act (No. 1) 1999 (No. 133, 1999)
Division 1—Interpretation
4
Interpretation
In this Part:
appropriate Commissioner means:
(a) in relation to a complaint lodged
under the old DDA—the Disability Discrimination Commissioner; and
(b) in relation to a complaint lodged
under the old RDA—the Race Discrimination Commissioner; and
(c) in relation to a complaint lodged
under the old SDA—the Sex Discrimination Commissioner.
Court means the Federal Court of Australia.
holding of an inquiry means a holding of an
inquiry referred to in a notice given under:
(a) section 83 of the old DDA; or
(b) section 25E of the old RDA;
or
(c) section 63 of the old SDA.
new HREOCA means the Human Rights and
Equal Opportunity Commission Act 1986 as amended by Schedule 1 to this
Act.
old DDA means the Disability
Discrimination Act 1992 before being amended by Schedule 1 to this
Act.
old RDA means the Racial Discrimination
Act 1975 before being amended by Schedule 1 to this Act.
old SDA means the Sex Discrimination Act
1984 before being amended by Schedule 1 to this Act.
purported complaint means a document
purporting to be a complaint.
starting day means the day on which this Part
commences.
Division 2—Treatment of complaints lodged before starting day
Subdivision A—Treatment of complaint depends on the stage it has reached
5
Purported complaint lodged but no decision as to whether it is a complaint
(1) A purported complaint is treated in the
way set out in subsection (2) if, before the starting day:
(a) it was lodged with the Commission;
and
(b) the Commission had not decided
whether it was a complaint within the meaning of the old DDA, old RDA or old
SDA.
(2) On the starting day:
(a) the purported complaint is taken
to have been lodged under section 46P of the new HREOCA; and
(b) the Commission must then decide
whether it is a complaint within the meaning of the new HREOCA.
6
Administrative appeal on Commission’s decision as to whether complaint
(1) A purported complaint is treated in the
way set out in subsection (2) if:
(a) before the starting day, the
Commission decided that it was, or was not, a complaint within the meaning of
the old DDA, old RDA or old SDA; and
(b) on or after the starting day, the
Court makes an order under the Administrative Decisions (Judicial Review)
Act 1977 to refer the matter to which the decision relates to the
Commission for further consideration.
(2) On the day on which the order is made:
(a) the purported complaint is taken
to have been lodged under section 46P of the new HREOCA; and
(b) the Commission must then decide
whether it is a complaint within the meaning of the new HREOCA.
7
Complaint lodged but Commissioner not notified of it
(1) A purported complaint is treated in the
way set out in subsection (2) if, before the starting day:
(a) it was lodged with the Commission;
and
(b) the Commission decided that it was
a complaint within the meaning of the old DDA, old RDA or old SDA; and
(c) the Commission had not notified
the appropriate Commissioner of it.
(2) On the starting day:
(a) the purported complaint is taken
to have been lodged under section 46P of the new HREOCA; and
(b) the Commission is taken to have
decided that it is a complaint within the meaning of the new HREOCA.
8
Commissioner notified of complaint but had not decided to dismiss or refer it
(1) A complaint is treated in the way set out
in subsection (2) if, before the starting day:
(a) the Commission had notified the
appropriate Commissioner of the complaint; and
(b) the appropriate Commissioner had
not made a decision not to inquire, or not to continue to inquire, into the
complaint; and
(c) the appropriate Commissioner had
not referred the complaint to the Commission.
(2) On the starting day, the complaint is
taken to have been referred to the President under section 46PD of the new
HREOCA.
9
Commissioner decided to dismiss complaint
(1) A complaint is treated in the way set out
in subsection (2) if:
(a) before the starting day, the
appropriate Commissioner decided not to inquire, or not to continue to inquire,
into the complaint; and
(b) on the starting day, the
complainant could have required the appropriate Commissioner to:
(i) refer the complaint to
the President under section 71 of the old DDA if that section had not been
repealed by this Act; or
(ii) refer the
Commissioner’s decision to the President, or refer the complaint to the
Commission, under section 24 of the old RDA if that section had not been
repealed by this Act; or
(iii) refer the
Commissioner’s decision to the President, or refer the complaint to the
Commission, under section 52 of the old SDA if that section had not been
repealed by this Act.
(2) On the starting day, the President is taken
to have terminated the complaint under section 46PH of the new HREOCA.
Note: The President is required to give a notice of
termination of the complaint under section 14 of this Act.
10
Presidential review of Commissioner’s decision to dismiss complaint
(1) A complaint is treated in the way set out
in subsection (2) if, before the starting day:
(a) the appropriate Commissioner
decided not to inquire, or not to continue to inquire, into the complaint; and
(b) the complainant required the
appropriate Commissioner to refer the complaint, or the Commissioner’s
decision, to the President; and
(c) the President had not made a
decision under whichever of the following sections is applicable:
(i) section 101 of
the old DDA;
(ii) section 24AA of
the old RDA;
(iii) section 52A of
the old SDA.
(2) On the starting day, the President is
taken to have terminated the complaint under section 46PH of the new
HREOCA.
Note: The President is required to give a notice of
termination of the complaint under section 14 of this Act.
11
Administrative review of President’s decision
(1) A complaint is treated in the way set out
in subsection (2) if:
(a) before the starting day, the
President made a decision in relation to the complaint under:
(i) section 101 of
the old DDA; or
(ii) section 24AA of
the old RDA; or
(iii) section 52A of
the old SDA; and
(b) on or after the starting day, the
Court makes an order under the Administrative Decisions (Judicial Review)
Act 1977 to refer the matter to which the decision relates to the
Commission for further consideration.
(2) On the day the order is made, the
President is taken to have terminated the complaint under section 46PH of
the new HREOCA.
Note: The President is required to give a notice of
termination of the complaint under section 14 of this Act.
12
Complaint referred to Commission but inquiry not started
(1) A complaint is treated in the way set out
in subsection (2) if, before the starting day:
(a) the appropriate Commissioner
referred the complaint to the Commission; and
(b) a holding of an inquiry into the
complaint had not started under the old DDA, old RDA or old SDA; and
(c) the complaint had not been
withdrawn under whichever of the following sections is applicable:
(i) section 79 of the
old DDA;
(ii) section 25A of
the old RDA;
(iii) section 59 of the
old SDA.
(2) On the starting day, the President is
taken to have terminated the complaint under section 46PH of the new
HREOCA.
Note: The President is required to give a notice of
termination of the complaint under section 14 of this Act.
13
Inquiry started
(1) A complaint is treated in the way set out
in subsection (2) if, before the starting day:
(a) a holding of an inquiry into the
complaint had started under the old DDA, old RDA or old SDA; and
(b) the complaint had not been
withdrawn under whichever of the following sections is applicable:
(i) section 79 of the
old DDA;
(ii) section 25A of
the old RDA;
(iii) section 59 of the
old SDA.
(2) The amendments made by Schedule 1 to
this Act do not apply in relation to the complaint.
Subdivision B—Other rules about complaints lodged before starting day
14
Notice of termination
(1) If the President is taken to have
terminated a complaint under section 9, 10, 11 or 12, then the President
must notify the complainants in writing of the termination and the reasons for
the termination.
(2) Subsection (1) does not apply if all
the complainants requested the appropriate Commissioner not to inquire into the
complaint.
(3) The President must give a person a copy
of the notice that was given to the complainants under subsection (1) if:
(a) the person was a person on whose
behalf the complaint was lodged; and
(b) the person requested the President
for a copy of the notice.
(4) The President is not required to notify
any person under section 46PH of the new HREOCA.
15
Work done by Commissioner is taken to have been done by President
Any thing done, or information obtained,
by the appropriate Commissioner in relation to a complaint that is referred to
the President under section 8 is taken to have been done or obtained by
the President.
16
Special rules apply to proceedings to enforce a determination
Sections 46PQ, 46PR and 46PT of the
new HREOCA apply for the purposes of proceedings in the Court:
(a) for an order to enforce a
determination in relation to a complaint; or
(b) for an order directing a
Commonwealth agency (or the principal executive of a Commonwealth agency) to
comply;
if the proceedings started on or after the starting day
under:
(c) section 105A or 106F of the
old DDA; or
(d) section 25ZC or 25ZI of the
old RDA; or
(e) section 83A or 84F of the old
SDA.
Division 3—Other transitional and application provisions
17
Protection from civil actions
The amendments made by items 30,
31, 83, 84, 119 and 120 of Schedule 1 do not apply to a complaint lodged
before the starting day under the old DDA, old RDA or old SDA.
18
Referrals under the old SDA
The amendments made by items 1, 2,
85, 86, 97, 100, 122, 123, 124 and 125 of Schedule 1 do not apply to a
complaint lodged before the starting day under section 50A, 50C or 50E of
the old SDA.
19
Inquiries started by Human Rights Commissioner
The amendment made by item 52 of
Schedule 1 does not apply in relation to an inquiry that the Human Rights
Commissioner started before the starting day.
20
When a person cannot lodge a complaint under the new HREOCA
A person cannot lodge a complaint under
section 46P of the new HREOCA if:
(a) the person is a class member for a
representative complaint in respect of the same subject matter; and
(b) a holding of an inquiry into the
representative complaint had started under the old DDA, old RDA or old SDA.
21
Regulations
(1) The Governor‑General may make
regulations prescribing matters:
(a) required or permitted by this Act
to be prescribed; or
(b) necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made in
relation to matters of a transitional or saving nature arising out of the enactment
of this Act.
22
Transitional—powers of a Secretary
A thing done by the Commission before
the commencement of this section in exercising powers referred to in subsection
43(2) of the Human Rights and Equal Opportunity Commission Act 1986 has
effect, for the purpose of the exercise by the President after the commencement
of this section of powers referred to in that subsection, as if the thing had
been done by the President.
Remuneration Tribunal Amendment Act 2001 (No. 27, 2001)
4
Exercise of certain powers before commencement of provision conferring the
powers
The Minister may, before the
commencement of item 6 of Schedule 1, exercise any of the powers
conferred by the sections inserted in the Remuneration Tribunal Act 1973
by that item as if that item had commenced. However, any declaration made or
notice given in the exercise of those powers before that commencement does not
have any effect until that commencement.
Schedule 1
13 Saving and transitional
(1) If:
(a) at the commencement of this item,
a person holds a principal executive office referred to any of paragraphs (a)
to (l) of the definition of principal executive office in
subsection 3(1) of the Remuneration Tribunal Act 1973; and
(b) under subsection 7(3D) of that
Act, the Remuneration Tribunal determines any terms and conditions applicable
to the classification to which the office is assigned; and
(c) any of the terms and conditions
(the existing terms and conditions) applicable at the
commencement of this item in respect of the office under subsection 12C(1) of
that Act are inconsistent with terms and conditions so determined by the
Tribunal;
the validity of the existing terms and conditions is not affected
by the amendment made by item 12.
(2) However, at the end of the period for which the
person was appointed to the office, the employing body must (whether the person
is re‑appointed, or another person is appointed, to the office) make a
new determination of the terms and conditions applicable in respect of the
office in compliance with section 12C of the Remuneration Tribunal Act
1973.
Fair Work (State Referral and Consequential and Other
Amendments) Act 2009 (No. 54, 2009)
Schedule 8
160 Transitional provision relating to section 3
(1) Despite the repeal of paragraph 3(4)(j) of the Remuneration
Tribunal Act 1973 by item 104, that paragraph, as in force immediately
before that repeal, continues to apply in relation to an office of member of
the Australian Industrial Relations Commission until that Commission ceases to
exist.
(2) The reference in paragraph 3(4)(j) of the Remuneration
Tribunal Act 1973, as substituted by item 104, to the office of
President of Fair Work Australia is taken to include a reference to an office
of member (other than President) of Fair Work Australia, but only in relation
to persons who are taken to have been appointed to that office under
item 1 of Schedule 18 to the Fair Work (Transitional Provisions
and Consequential Amendments) Act 2009.
161 Transitional provision relating to section 7
(1) Despite the amendment of subsection 7(4B) of the Remuneration
Tribunal Act 1973 by item 106, that subsection, as in force
immediately before that amendment, continues to apply in relation to members of
the Australian Industrial Relations Commission until that Commission ceases to
exist.
(2) The reference in subsection 7(4B) of the Remuneration
Tribunal Act 1973, as amended by item 106, to the President of Fair
Work Australia is taken to include a reference to the other members of Fair
Work Australia, but only in relation to persons who are taken to have been
appointed as such a member under item 1 of Schedule 18 to the Fair
Work (Transitional Provisions and Consequential Amendments) Act 2009.
(3) Despite the repeal of subsection 7(4C) of the Remuneration
Tribunal Act 1973 by item 107, that subsection, as in force
immediately before that repeal, continues to apply in relation to members of
the Australian Fair Pay Commission until that Commission ceases to exist.