{"id":"C2004A03346","name":"Remuneration and Allowances Alteration Act 1986","slug":"remuneration-and-allowances-alteration-act-1986","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"105 of 1986","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7343,"registerId":"commonwealth-C2004A03346-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Remuneration and Allowances Alteration Act 1986","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nRemuneration and Allowances Alteration Act 1986\n\n \n\nNo. 105 of 1986\n\n \n\n \n\n \n\n \n\n \n\nAn Act relating to certain remuneration and allowances\n\n \n\n \n\n \n\nContents\n\n[Part I—Preliminary](#_Toc426027970)\n\n[1 Short title](#_Toc426027971)\n\n[2 Commencement](#_Toc426027972)\n\n[Part II—Modifications of determinations of the Remuneration Tribunal](#_Toc426027973)\n\n[3 Allowances to be paid to office holders of the Parliament](#_Toc426027974)\n\n[4 Allowances to be paid to members of the Parliament](#_Toc426027975)\n\n[5 Entitlements of members of the Parliament](#_Toc426027976)\n\n[Part III—Amendments of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984](#_Toc426027977)\n\n[6 Principal Act](#_Toc426027978)\n\n[7 Salaries and expenses of office allowances](#_Toc426027979)\n\n[8 Travelling allowances payable to Justices of the High Court](#_Toc426027980)\n\n[9 Additional allowance payable to certain Justices of the High Court](#_Toc426027981)\n\n[10 Travelling allowances payable to holders of certain offices](#_Toc426027982)\n\n[11 Travelling allowances payable to members of the Inter-State Commission](#_Toc426027983)\n\n[12 Allowance payable to Solicitor-General](#_Toc426027984)\n\n[13 Schedule](#_Toc426027985)\n\n[Part IV—Miscellaneous](#_Toc426027986)\n\n[14 Exclusion of subsection 7(8) of the Remuneration Tribunals Act 1973](#_Toc426027987)\n\n \n\n![](image.001.png)\n\n \n\n \n\nRemuneration and Allowances Alteration Act 1986\n\nNo. 105 of 1986\n\n \n\n \n\n \n\nAn Act relating to certain remuneration and allowances\n\n[Assented to 23 October 1986]\n\nThe Parliament of Australia enacts:\n\n## Part I—Preliminary\n\n \n\n##### 1  Short title\n\n  This Act may be cited as the Remuneration and Allowances Alteration Act 1986.\n\n##### 2  Commencement\n\n (1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.\n\n (2) Parts II and III and section 14 shall be deemed to have come into operation on 1 July 1986.\n\n\n\n\n## Part II—Modifications of determinations of the Remuneration Tribunal\n\n \n\n##### 3  Allowances to be paid to office holders of the Parliament\n\n (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:\n\n 1. Additional Salary and Expenses of Office Allowance.\n\n \n\n| Office | Rate per annum of Additional Salary | Rate per annum of Expenses of Office Allowance |\n| --- | --- | --- |\n|  | $ | $ |\n| Leader of the Opposition ............... | 26,261 | 12,068 |\n| President of the Senate ................ | 26,261 | 9,901 |\n| Speaker of the House of Representatives ..... | 26,261 | 9,901 |\n| Deputy Leader of the Opposition .......... | 15,024 | 9,901 |\n| Leader of the Opposition in the Senate ...... | 15,024 | 9,901 |\n| Leader of the Third Party in the House of Representatives | 10,015 | 9,901 |\n| Leader of a recognised non-Government party of at least 5 members not otherwise specified herein | 7,986 | 9,901 |\n| Chairman of Committees in the Senate ...... | 7,986 | 2,041 |\n| Chairman of Committees in the House of Representatives | 7,986 | 2,041 |\n| Deputy Leader of the Opposition in the Senate . | 7,571 | 2,041 |\n| Government Whip in the House of Representatives | 7,571 | 2,041 |\n| Opposition Whip in the House of Representatives | 6,624 | 2,041 |\n| Government Whip in the Senate .......... | 6,211 | 2,041 |\n| Opposition Whip in the Senate ........... | 6,211 | 2,041 |\n| Chairman, Joint Committee of Public Accounts | 5,915 | 2,041 |\n| Chairman, Parliamentary Standing Committee on Public Works | 5,915 | 2,041 |\n| Chairman, Joint Committee on Foreign Affairs and Defence | 5,915 | 2,041 |\n| Third Party Whip in the House of Representatives | 4,436 | Nil |\n| Leader in the Senate of the National Party .... | 4,436 | Nil |\n| Chairman, Joint Committee on the Australian Capital Territory | 2,218 | 2,041 |\n| Chairman, Parliamentary Joint Committee on the National Crime Authority | 2,218 | 2,041 |\n| Chairman, Senate Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs | 2,218 | 2,041 |\n| Chairman, Senate Legislative and General Purpose Standing Committee on Education and the Arts | 2,218 | 2,041 |\n| Chairman, Senate Legislative and General Purpose Standing Committee on Finance and Government Operations | 2,218 | 2,041 |\n| Chairman, Senate Legislative and General Purpose Standing Committee on Foreign Affairs and Defence | 2,218 | 2,041 |\n| Chairman, Senate Legislative and General Purpose Standing Committee on National Resources | 2,218 | 2,041 |\n| Chairman, Senate Legislative and General Purpose Standing Committee on Science, Technology and the Environment | 2,218 | 2,041 |\n| Chairman, Senate Legislative and General Purpose Standing Committee on Social Welfare | 2,218 | 2,041 |\n| Chairman, Senate Legislative and General Purpose Standing Committee on Industry and Trade | 2,218 | 2,041 |\n| Chairman, House of Representatives Standing Committee on Aboriginal Affairs | 2,218 | 2,041 |\n| Chairman, House of Representatives Standing Committee on Environment and Conservation | 2,218 | 2,041 |\n| Chairman, House of Representatives Standing Committee on Expenditure | 2,218 | 2,041 |\n| Chairman, House of Representatives Standing Committee on Transport Safety | 2,218 | 2,041 |\n| Chairman, House of Representatives Standing Committee on Procedure | 2,218 | 2,041 |\n| Deputy Government Whip in the House of Representatives | 2,218 | Nil |\n| Chairman of a Parliamentary Committee not otherwise specified herein | 1,064 | Nil |\n| Whip in the Senate of a recognised non-Government party of at least 5 members not otherwise specified herein | 1,064 | Nil |\n| Deputy Government Whip in the Senate ..... | 1,064 | Nil |\n| Deputy Opposition Whip in the Senate ...... | 1,064 | Nil |\n| Deputy Opposition Whip in the House of Representatives | 1,064 | Nil |\n| Deputy Chairman of Committees in the Senate . | 1,064 | Nil |\n| Deputy Chairman of Committees in the House of Representatives | 1,064 | Nil |\n\n\n (2) Paragraph 3 of Determination No. 7 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.\n\n (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.\n\n##### 4  Allowances to be paid to members of the Parliament\n\n (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:\n\n 1. Allowance by way of basic salary\n\n \n\n| Office | Rate per annum of basic salary |\n| --- | --- |\n| Senator or member of the House of Representatives.... | $45,543 |\n\n\n (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.\n\n (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.\n\n##### 5  Entitlements of members of the Parliament\n\n (1) Determination No. 11 of 1986 of the Remuneration Tribunal dated 6 June 1986 is modified:\n\n (a) by omitting paragraph 7.1;\n\n (b) by omitting from sub-subparagraph 7.2(d)(ii) ‘, or nominee as defined,’;\n\n (c) by omitting from sub-subparagraph 7.2(d)(iii) ‘, spouse, or nominee as defined,’ and substituting ‘or spouse’;\n\n (d) by omitting from subparagraph 7.3(c) ‘or nominee’; and\n\n (e) by omitting from paragraph 7.4 ‘or nominee’.\n\n (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.\n\n\n\n\n## Part III—Amendments of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984\n\n \n\n##### 6  Principal Act\n\n  The Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 is in this Part referred to as the Principal Act.\n\n##### 7  Salaries and expenses of office allowances\n\n (1) Section 3 of the Principal Act is amended:\n\n (a) by omitting paragraphs (1)(a), (b) and (c) and substituting the following paragraphs:\n\n ‘(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\n\n (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.’;\n\n (b) by omitting from subsection (2) ‘3’ and substituting ‘2’;\n\n (c) by omitting from subsections (5) and (6) ‘$564’ and substituting ‘$616’; and\n\n (d) by omitting from paragraph (8)(b) ‘$1,984’ and substituting ‘$2,167’.\n\n (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.\n\n##### 8  Travelling allowances payable to Justices of the High Court\n\n  Section 4 of the Principal Act is amended:\n\n (a) by omitting from sub-subparagraph (4)(a)(i)(A) ‘$155’ and substituting ‘$165’; and\n\n (b) by omitting from sub-subparagraph (4)(a)(i)(B) ‘$110’ and substituting ‘$115’.\n\n##### 9  Additional allowance payable to certain Justices of the High Court\n\n  Section 5 of the Principal Act is amended by omitting from subsection (1) ‘$10,640’ and substituting ‘$11,715’.\n\n##### 10  Travelling allowances payable to holders of certain offices\n\n  Section 6 of the Principal Act is amended:\n\n (a) by omitting from sub-subparagraph (4)(a)(i)(A) ‘$140’ and substituting ‘$145’; and\n\n (b) by omitting from sub-subparagraph (4)(a)(i)(B) ‘$105’ and substituting ‘$110’.\n\n##### 11  Travelling allowances payable to members of the Inter-State Commission\n\n  Section 6A of the Principal Act is amended:\n\n (a) by omitting from subparagraphs (2)(a)(i) and (b)(i) ‘$95’ and substituting ‘$100’;\n\n (b) by omitting from subparagraph (2)(a)(ii) ‘$140’ and substituting ‘$145’;\n\n (c) by omitting from subparagraph (2)(a)(iii) ‘$105’ and substituting ‘$110’;\n\n (d) by omitting from subparagraph (2)(b)(ii) ‘$110’ and substituting ‘$115’; and\n\n (e) by omitting from subparagraph (2)(b)(iii) ‘$85’ and substituting ‘$89’.\n\n##### 12  Allowance payable to Solicitor-General\n\n (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’.\n\n (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.\n\n##### 13  Schedule\n\n  The Schedule to the Principal Act is repealed and the following Schedule is substituted:\n\n‘Schedule \n\nSubsection 3(1)\n\n \n\n| Column 1 | Column 2       Rate per annum of salary | Column 3     Rate per annum of expenses of office allowance |\n| --- | --- | --- |\n|  | $ | $ |\n| PART I |  |  |\n| Chief Justice of the High Court ............... | 122,883 | 6,191 |\n| Justice (other than Chief Justice) of the High Court .. | 111,652 | 5,569 |\n| PART II |  |  |\n| Chief Judge of the Federal Court of Australia ...... | 103,064 | 5,569 |\n| Chief Justice of the Supreme Court of the Australian Capital Territory | 97,117 | 5,569 |\n| Chief Judge of the Family Court of Australia ...... | 94,476 | 5,569 |\n| Chairman of the Commonwealth Grants Commission . | 94,476 | 5,569 |\n| Judge (other than the Chief Judge) of the Federal Court of Australia | 94,476 | 4,953 |\n| Judge (other than the Chief Justice) of the Supreme Court of the Australian Capital Territory | 94,476 | 4,953 |\n| President of the Inter-State Commission ......... | 94,476 | 4,953 |\n| Senior Judge of the Family Court of Australia ...... | 85,028 | 4,332 |\n| Judge (other than the Chief Judge or a Senior Judge) of the Family Court of Australia | 80,304 | 4,332’. |\n\n\n\n\n\n## Part IV—Miscellaneous\n\n \n\n##### 14  Exclusion of subsection 7(8) of the Remuneration Tribunals Act 1973\n\n  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.\n\n15  Recovery of overpayments\n\n (1) Where:\n\n (a) a person has been paid an amount by way of:\n\n (i) parliamentary salary; or\n\n (ii) parliamentary superannuation benefit; and\n\n (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;\n\nthe person is liable to pay to the Commonwealth the amount of the excess.\n\n (2) Where a person is liable to pay an amount to the Commonwealth under subsection (1):\n\n (a) the amount may be recovered, as a debt due to the Commonwealth, by action in a court of competent jurisdiction; and\n\n (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.\n\n (3) In this section:\n\nparliamentary salary means an allowance paid to a member of the Parliament, being:\n\n (a) an allowance of the kind referred to as basic salary in paragraph 1 of Determination No. 8 of 1986 of the Remuneration Tribunal dated 6 June 1986; or\n\n (b) an allowance of the kind referred to as additional salary in paragraph 1 of Determination No. 7 of 1986 of the Remuneration Tribunal dated 6 June 1986.\n\nparliamentary superannuation benefit means a retiring allowance, annuity or other benefit payable under the Parliamentary Contributory Superannuation Act 1948.\n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act stays within the original, narrow subject‑matter: alteration of remuneration and allowances for parliamentary, judicial and certain statutory offices. It does not broaden the legislative scope to new policy areas; its main novelties are updated numeric rates, a substituted Schedule of judicial salaries, retrospective commencement to 1 July 1986 for parts of the Act, removal of certain nominee entitlements, an exclusion of a provision of the Remuneration Tribunals Act 1973 for the specified determinations, and a recovery mechanism for overpayments (see ss2(2), 3–5, 7–13, 14, 15). These are adjustments within the Act’s original purpose rather than a substantial expansion of scope."},"complexity_factors":["Short, single-purpose Act focused on pay and allowances rather than complex policy (Parts II–IV).","Modifies 3 named Remuneration Tribunal determinations (Determinations No.7, No.8 and No.11) — cross‑references to external determinations increase interpretive steps (s3–s5).","Substitutes an entire Schedule to the Principal Act with multiple numeric entries for many judicial offices (s13) — table length increases drafting bulk but not conceptual complexity.","Several discrete numeric amendments to travelling and allowance rates across multiple sections of the Principal Act (s8–s11) — many small changes rather than intricate rules.","Retrospective deeming to 1 July 1986 for Parts II and III and s14 (s2(2)) and explicit recovery mechanism for overpayments (s15) introduce conditional, time‑sensitive effects and potential litigation pathways.","Cross‑reference and exclusion of an external statutory provision (subsection 7(8) of the Remuneration Tribunals Act 1973) which removes an external constraint for the specified determinations (s14).","One substantive delegation of discretion: Solicitor‑General’s allowance moved to tribunal determination with a fallback statutory figure (s12) — creates conditional logic depending on whether a tribunal determination exists."],"plain_english_summary":"The Act fixes and updates statutory salaries and office allowances for named parliamentary and judicial officers (including a set basic MP salary), delegates the Solicitor‑General’s allowance to the Remuneration Tribunal with a fallback amount, and deems key changes to have commenced 1 July 1986. It affects MPs, specified office‑holders, the Remuneration Tribunal and payroll/pension administrators, and permits the Commonwealth to recover any overpayments arising from the retrospective adjustments."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: adjusting remuneration and allowances for parliamentarians and judicial/statutory officers. While it touches on multiple categories of office-holders, this breadth is inherent to the subject matter rather than scope creep. The amendments stay within the established framework of the Remuneration Tribunal system and the Judicial and Statutory Officers Act 1984."},"complexity_factors":["Retrospective operation: The Act deems Parts II and III to have commenced on 1 July 1986, creating timing complexities for recovery of overpayments (section 15)","Modification of external instruments: Rather than setting rates directly, the Act 'modifies' existing Remuneration Tribunal determinations (Nos. 7, 8, and 11 of 1986) and treats them as if they were fresh tribunal determinations (sections 3-5)","Nested amendments: Part III amends the Judicial and Statutory Officers Act 1984 through substitution of paragraphs, omission of figures, and replacement of entire Schedules","Cross-referencing: Heavy reliance on external documents (specific dated tribunal determinations) and other Acts (Remuneration Tribunals Act 1973, Parliamentary Contributory Superannuation Act 1948)","Conditional fallback provision: Section 12(2) creates a conditional default rate ($11,715) for the Solicitor-General that only applies if no tribunal determination exists","Exclusion clause: Section 14 explicitly excludes the operation of subsection 7(8) of the Remuneration Tribunals Act 1973, requiring knowledge of that provision to understand the effect","Tabular data: Extensive use of tables for salary rates (over 40 separate offices listed in section 3 alone) makes quick scanning difficult"],"plain_english_summary":"This law adjusts the pay packets and expense allowances for Australia's top public officials, effective from 1 July 1986.\n\n**What it does:**\n\n*   **For politicians:** It overrides two recent decisions by the Remuneration Tribunal (the independent body that sets MP pay) and substitutes higher rates. It sets the basic salary for all Senators and Members of Parliament at **$45,543 per year**. It also sets specific additional salaries and expense allowances for parliamentary office-holders like the Leader of the Opposition, the Speaker, committee chairs, and party whips — ranging from roughly $1,000 to $26,000 extra per year depending on the role.\n\n*   **For judges and senior statutory officers:** It amends the *Judicial and Statutory Officers (Remuneration and Allowances) Act 1984* to increase salaries and allowances. This includes:\n    *   The Chief Justice of the High Court: **$122,883** salary plus **$6,191** expenses allowance\n    *   Other High Court Justices: **$111,652** salary plus **$5,569** expenses allowance\n    *   Various Federal Court, Family Court, and ACT Supreme Court judges\n    *   Increases to daily travelling allowances (e.g., from $155 to $165 for High Court justices staying in Canberra)\n    *   An additional allowance for certain High Court justices (raised from $10,640 to **$11,715**)\n    *   Changes the Solicitor-General's allowance from a fixed amount to one set by the Remuneration Tribunal (with a fallback rate of $11,715 if no determination exists)\n\n*   **For parliamentary entitlements:** It tightens rules around who can use parliamentary travel and accommodation benefits, removing the ability for MPs to nominate someone else (a \"nominee\") to use these entitlements on their behalf.\n\n*   **Recovery of overpayments:** It includes a mechanism to claw back any overpayments made to politicians between 1 July 1986 and when the Act actually passed, allowing the government to deduct the excess from future pay or superannuation.\n\n*   **Technical fix:** It ensures that a National Wage Case decision from June 1986 (which would have automatically increased some public sector wages) does **not** apply to these specific parliamentary and judicial salaries, effectively capping them at the rates set in this Act.\n\n**Who it affects:**\n\n*   All Members of Parliament and Senators\n*   High Court, Federal Court, Family Court, and ACT Supreme Court judges\n*   The President of the Inter-State Commission and Chairman of the Commonwealth Grants Commission\n*   The Solicitor-General\n\n**Why it matters:**\nThis is a classic example of Parliament voting on its own pay and conditions, as well as those of the senior judiciary. It demonstrates how political salaries are often set through a combination of independent tribunal recommendations and direct legislative override. The retrospective commencement date (backdated to 1 July 1986) and the recovery provisions suggest this was passed after some delay, requiring adjustments for payments already made."}},"importantCases":[],"_links":{"self":"/api/acts/remuneration-and-allowances-alteration-act-1986","history":"/api/acts/remuneration-and-allowances-alteration-act-1986/history","analysis":"/api/acts/remuneration-and-allowances-alteration-act-1986/analysis","conflicts":"/api/acts/remuneration-and-allowances-alteration-act-1986/conflicts","importantCases":"/api/acts/remuneration-and-allowances-alteration-act-1986/important-cases","documents":"/api/acts/remuneration-and-allowances-alteration-act-1986/documents"}}