388Remuneration and allowances

388  Remuneration and allowances

 (1) An Advisory Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.

 (2) However, an Advisory Council member is not entitled to be paid remuneration if the member holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:

 (a) a State; or

 (b) a corporation (a public statutory corporation) that:

 (i) is established for a public purpose by a law of a State; and

 (ii) is not a tertiary education institution; or

 (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or

 (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.

Note: A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory: see subsection 7(11) of the Remuneration Tribunal Act 1973.

 (3) An Advisory Council member is to be paid the allowances that are prescribed by the rules.

 (4) This section has effect subject to the Remuneration Tribunal Act 1973.