EXPLANATORY
STATEMENT
Issued by Authority
of the Minister for Transport and Regional Services
Subject Inspector of Transport Security Act 2006
Remuneration for the Inspector of
Transport Security
Section 28 of the Inspector of Transport Security Act
2006 (the Act) provides that the Minister is to specify the remuneration
for the Inspector of Transport Security if no determination of that
remuneration by the Remuneration Tribunal is in operation.
Section 25 of the Act provides for the appointment of an
Inspector of Transport Security. The Act provides a framework for the
Inspector to conduct independent “no-blame” inquiries into matters as directed
by the Minister and make recommendations in relation to transport and offshore
security matters, in order to contribute to the improvement of transport
security and the security of offshore facilities.
Under paragraph 5(i) the Remuneration Tribunal
(Miscellaneous Provisions) Regulations 1976 the office of Inspector of Transport
Security will not be a public office for the purpose of the Remuneration
Tribunal Act 1973 for the period from the commencement of section 25 of the
Act to 31 December 2007. As there cannot be a Remuneration Tribunal
determination for the remuneration of the Inspector before 31 December
2007 it is necessary for the Minister to specify the remuneration to be paid
during that period. The Minister has specified that the Inspector be paid $375
per hour to a maximum of $3,000 per day, for each day on which the Inspector
performs his functions under the Act. In addition, the Inspector is to be paid
a retention payment of $4,167 per month.
The instrument specifying the remuneration is a legislative
instrument for the purposes of the Legislative Instruments Act 2003 (LI
Act).
While section 17 of the LI Act provides that appropriate
consultation should be undertaken before a legislative instrument is made section
18 of the LI Act provides that the nature of some instruments may be such that
consultation may be unnecessary or inappropriate. In this case as the nature
of the instrument relates to employment, the Minister was satisfied that consultation
on the amount of remuneration was inappropriate.
The instrument commences on 8 June 2007, to coincide with
the commencement of sections 3 to 93 of the Act.