Section 1 - Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 - Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 | Zoe
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
1Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
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NORTHERN TERRITORY OF AUSTRALIA
ASSEMBLY MEMBERS AND STATUTORY OFFICERS (REMUNERATION
AND OTHER ENTITLEMENTS) ACT 2006
As in force at 3 March 2023
Table of provisions
Part 1 Introduction
1 Short title ......................................................................................... 1
2 Definitions ........................................................................................ 1
Part 2 Entitlements of Assembly members
3 Basic salary and additional salary of office ...................................... 2
3A Tribunal's power in relation to salaries............................................. 3
4 Tribunal's powers except for basic salary or additional salary
of office ............................................................................................ 3
4AA Tribunal's power in relation to former Assembly member ................ 4
4AB Circumstances of disentitlement ...................................................... 5
4A Report following inquiry ................................................................... 5
5 Minister's power ............................................................................... 5
Part 3 Entitlements of statutory officers
Division 1 Local Court Judges
6 Application ....................................................................................... 6
7 Entitlements ..................................................................................... 6
Division 1A Members of local government council
7A Application ....................................................................................... 6
7B Allowances ...................................................................................... 7
Division 1B Members of a local authority
7C Meaning of local authority ................................................................ 8
7D Application ....................................................................................... 8
7E Allowances ...................................................................................... 8
Division 2 Members of statutory bodies
8 Tribunal's power ............................................................................ 10
9 Administrator's power .................................................................... 10
10 Responsible Minister's power ........................................................ 11
10A Decision under section 10 to continue in some circumstances...... 12
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 ii
11 Special power of Administrator ...................................................... 12
12 Publication ..................................................................................... 13
13 Administrative guidelines ............................................................... 13
Division 3 Other statutory officers
14 Application ..................................................................................... 13
15 Entitlements ................................................................................... 14
16 Administrator's power .................................................................... 14
Part 4 Administration
17 Establishment of Tribunal .............................................................. 15
18 Chairperson of Tribunal ................................................................. 16
19 Tribunal's power to inquire or determine........................................ 16
20 Determinations by Tribunal ............................................................ 16
21 Tabling of determinations .............................................................. 17
22 Conduct of inquiry .......................................................................... 17
23 Assistance ..................................................................................... 17
24 Regulations.................................................................................... 17
Part 5 Repeals and transitional matters for
Assembly Members and Statutory Officers
(Remuneration and Other Entitlements) Act
2006
25 Repeal of Acts ............................................................................... 18
26 Definitions ...................................................................................... 18
27 Remuneration Tribunal .................................................................. 18
28 Determinations under Remuneration Tribunal Act 1981 ................ 18
29 Determinations under Remuneration (Statutory Bodies)
Act 1979 ........................................................................................ 19
Part 6 Transitional matters for later enactments
Division 1 Assembly Members and Statutory Officers
(Remuneration and Other Entitlements)
Amendment Act 2009
30 Administrative arrangements continue .......................................... 19
Division 2 Assembly Members and Statutory Officers
(Remuneration and Other Entitlements)
Amendment Act 2011
30A Further amount of basic salary for period on and after
19 August 2010 until commencement ........................................... 19
31 Additional salary of office for 2011 calendar year .......................... 20
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 iii
32 Stopping operation of 2009 Tribunal determination ....................... 21
Division 3 Assembly Members and Statutory Officers
(Remuneration and Other Entitlements)
Amendment Act 2015
33 Existing entitlements continue until new determination takes
effect .............................................................................................. 21
Schedule 1 Repealed Acts
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 3 March 2023
ASSEMBLY MEMBERS AND STATUTORY OFFICERS (REMUNERATION
AND OTHER ENTITLEMENTS) ACT 2006
An Act to provide for the remuneration and other entitlements of
Assembly members and statutory officers, and for related purposes
Part 1 Introduction
1 Short title
This Act may be cited as the Assembly Members and Statutory
Officers (Remuneration and Other Entitlements) Act 2006.
2 Definitions
In this Act:
additional salary of office means salary paid to an Assembly
member, in addition to basic salary, because the member holds or
occupies a prescribed office.
administrative guidelines means the administrative guidelines
made under section 13.
Assembly means the Legislative Assembly.
Assembly member means a member of the Assembly.
basic salary means salary paid to an Assembly member for being
an Assembly member.
Note for definition basic salary
An Assembly member may also be paid other salary because, for example, the
Assembly member holds or occupies a certain office or is a Minister.
chairperson, of a statutory body, means the presiding officer of
that body (whether called the chairperson or not).
class, for statutory bodies, means a class of statutory bodies
specified in the classification determination.
classification determination means the determination made
under section 9 that is in force.
Part 2 Entitlements of Assembly members
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 2
classification structure for statutory bodies, see section 8(2).
entitlement includes a salary, an allowance and any other
remuneration or benefit (including, for example, a reimbursement of
expenses incurred, and the provision of goods, services, facilities
and any other assistance).
former member, for Part 2, see section 4AA.
local authority, for Part 3, Division 1B, see section 7C.
member, of a statutory body, means a member of that body
(whether called a member or not), and includes the chairperson of
that body.
prescribed office means an office that is determined under
section 3A(1)(b) to be an office in respect of which additional salary
of office is to be paid.
responsible Minister, for a statutory body, means the Minister
administering the law that establishes the body.
statutory body means a body (whether incorporated or not)
established by a law of the Territory for a public purpose.
statutory officer means:
(a) a Local Court Judge; or
(b) a member of a statutory body; or
(c) a person holding or occupying an office established by a law
of the Territory.
Tribunal means the Remuneration Tribunal established by
section 17(1).
Note for section 2
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
Part 2 Entitlements of Assembly members
3 Basic salary and additional salary of office
(1) An Assembly member is entitled to be paid a salary for being an
Assembly member.
Part 2 Entitlements of Assembly members
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 3
(2) For any period that an Assembly member holds or occupies a
prescribed office, the member is entitled to be paid additional salary
for holding or occupying the office.
3A Tribunal's power in relation to salaries
(1) The Tribunal must, on the Administrator's request, inquire into and
determine the following:
(a) the amount of basic salary;
(b) the amount of additional salary of office and the offices in
respect of which additional salary of office is to be paid;
(c) the basis on which the amounts mentioned in paragraphs (a)
and (b) have been or should be determined.
(2) A request under subsection (1) may relate to:
(a) an inquiry for a specified time; or
(b) inquiries for specified intervals.
4 Tribunal's powers except for basic salary or additional salary
of office
(1) The Tribunal must, on the Administrator's request, inquire into, or
inquire into and determine, an entitlement (other than the basic
salary or additional salary of office) of an Assembly member for:
(a) performing the functions of an Assembly member; or
(b) performing a function for the Assembly; or
(c) holding or occupying any of the following offices:
(i) the Speaker of the Assembly;
(ii) the Leader of the Opposition;
(iii) any other office in the Assembly;
(iv) a Minister;
(v) a member of the Executive Council.
Part 2 Entitlements of Assembly members
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 4
(1B) Without limiting subsection (1), the Tribunal may, under the request,
inquire into, or inquire into and determine, other entitlements,
including, for example, the following:
(a) an entitlement for establishing or maintaining offices for an
Assembly member, including:
(i) the provision of staff and equipment for the offices; and
(ii) the payment or reimbursement of amounts to cover
expenses incurred in relation to the offices;
(b) an entitlement for official travel undertaken by:
(i) an Assembly member; and
(ii) a person who, under a determination, may accompany
an Assembly member for the travel;
(c) the provision of a motor vehicle to an Assembly member;
(d) an entitlement relating to child care services required because
of the performance of official functions by an Assembly
member.
(1C) However, the Tribunal does not have power to inquire into, or
inquire into and determine, an entitlement for a matter prescribed
by regulation.
(2) The request may relate to:
(a) an inquiry for a specified time; or
(b) inquiries for specified intervals.
4AA Tribunal's power in relation to former Assembly member
The Tribunal must also, on the Administrator's request, inquire into,
or inquire into and determine, an entitlement for a person (a former
member) who, after the commencement of this section, ceases to
hold office as an Assembly member; and
(a) who was first elected as an Assembly member at the general
election held in 2005 or a later election; and
(b) who is not, after ceasing to be an Assembly member, entitled
to receive payment of a pension or superannuation benefit
related to the former member's office as an Assembly
member.
Part 2 Entitlements of Assembly members
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 5
4AB Circumstances of disentitlement
A former member is not entitled to receive an entitlement
mentioned in section 4AA in any of the following circumstances:
(a) the former member has, under section 21(2) of the Northern
Territory (Self-Government) Act 1978 (Cth), vacated office as
an Assembly member because section 21(1)(c) of that Act
applies to the former member;
(b) the former member retires from office as an Assembly
member to be a candidate for another seat in the Assembly, or
in any other Australian parliament, and is elected to the other
seat.
4A Report following inquiry
(1) The Tribunal must prepare a report for each inquiry conducted
under section 3A, 4 or 4AA.
(2) However, if inquiries are conducted together under any of the
following provisions, the Tribunal need only prepare one report for
those inquiries:
(a) section 3A;
(b) section 4;
(c) section 4AA.
(3) The report:
(a) if the Tribunal is requested to inquire into and determine an
amount of salary or entitlement – must include a determination
of the amount of salary or entitlement; or
(b) otherwise – may include recommendations on the entitlement
to which the inquiry relates.
(4) The Tribunal must give the Administrator and Minister a copy of the
report as soon as practicable after it is made.
(5) The Minister must table a copy of the report in the Assembly within
6 sitting days after receiving it.
5 Minister's power
(1) The Minister may determine an entitlement of an Assembly member
if no determination for that entitlement has been made by the
Tribunal.
Part 3 Entitlements of statutory officers
Division 1A Members of local government council
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 6
(2) The determination ceases to have effect when a determination by
the Tribunal for that entitlement takes effect.
(2A) Before determining an entitlement under subsection (1), the
Minister must seek written advice in relation to the entitlement from
the Tribunal.
(3) The Minister must table a copy of each determination under
subsection (1), and the written advice from the Tribunal in relation
to the entitlement, in the Assembly within 6 sitting days after making
the determination.
Part 3 Entitlements of statutory officers
Division 1 Local Court Judges
6 Application
This Division applies to Local Court Judges.
7 Entitlements
(1) Subject to section 55(2) of the Local Court Act 2015, the Tribunal
must, at least once a year, inquire into and determine the
entitlements of Local Court Judges and Local Court Judges who
hold a statutory office in addition to that of Local Court Judge.
Note for subsection (1)
Section 55(2) of the Local Court Act 2015 provides that the salary, allowances
and other benefits to which a Local Court Judge is entitled must not be altered to
the Judge's detriment during the Judge's term of office.
(2) The Tribunal must prepare a report for each inquiry conducted
under subsection (1).
(3) The report must include a determination of the entitlements.
(4) The Tribunal must give the Minister a copy of the report as soon as
practicable after the report is made.
(5) The Minister must table a copy of the report in the Assembly within
6 sitting days after receiving it.
Division 1A Members of local government council
7A Application
This Division applies to members of local government councils.
Part 3 Entitlements of statutory officers
Division 1A Members of local government council
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 7
7B Allowances
(1) The Tribunal must, on the Administrator's request, inquire into and
determine the allowance or allowances payable to a member of a
local government council.
(1A) Without limiting subsection (1), the Tribunal may, under the request,
inquire into and determine any of the following:
(a) differential allowances for principal members, deputy principal
members and other members of a local government council;
(b) a fixed amount, a minimum amount or a maximum amount of
an allowance;
(c) different categories of allowances;
(d) whether an allowance should be indexed and, if so, the basis
of, and method for, indexation;
(e) any rules that apply to eligibility for, or payment or application
of, an allowance.
(1B) If the Tribunal determines a minimum amount of an allowance
under subsection (1A)(b), it must also determine a maximum
amount of that allowance.
(2) The Tribunal may determine different amounts of allowances for the
members of different local government councils.
(3) The Tribunal must prepare a report for each inquiry conducted
under subsection (1).
(4) The report must include a determination of the allowances.
(5) The Tribunal must give the following a copy of the report as soon as
practicable after the report is made:
(a) the Administrator;
(b) the Minister.
(6) The Minister must table a copy of the report in the Assembly within
6 sitting days after receiving it.
(7) The allowances determined under subsection (1) apply as follows:
(a) if the report is made on or before 1 February – from the next
financial year;
Part 3 Entitlements of statutory officers
Division 1B Members of a local authority
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 8
(b) if the report is made after 1 February – from the financial year
after the next financial year.
Examples for subsection (7)
1 If a report is made on 1 February 2019, the allowances apply from
1 July 2019.
2 If a report is made on 2 February 2019, the allowances apply from
1 July 2020.
(7A) If the Tribunal is requested to inquire into and determine the
allowance or allowances payable to a member of a local
government council affected by the exercise of a power under
section 16(1)(a), (b), (c), (j) or (n) of the Local Government
Act 2019, the Administrator may:
(a) specify the date by which the report under subsection (3) must
be completed by the Tribunal; and
(b) despite subsection (7), specify the financial year from which
the determined allowances apply.
(8) In this section:
deputy principal member, see section 7 of the Local Government
Act 2019.
principal member, see section 7 of the Local Government
Act 2019.
Division 1B Members of a local authority
7C Meaning of local authority
In this Division:
local authority, see section 7 of the Local Government Act 2019.
7D Application
This Division applies to members of a local authority.
7E Allowances
(1) The Tribunal must, on the Administrator's request, inquire into and
determine the allowance or allowances payable to a member of a
local authority.
(2) An allowance determined under subsection (1) must be a fixed
amount.
Part 3 Entitlements of statutory officers
Division 1B Members of a local authority
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 9
(3) Without limiting subsection (1), the Tribunal may, under the request,
inquire into and determine any of the following:
(a) differential allowances for the chairperson and other members
of a local authority;
(b) different categories of allowances;
(c) whether an allowance should be indexed and, if so, the basis
of, and method for, indexation;
(d) any rules that apply to eligibility for, or payment or application
of, an allowance.
(4) The Tribunal may determine different amounts of allowances for the
members of different local authorities.
(5) The Tribunal must prepare a report for each inquiry conducted
under subsection (1).
(6) The report must include a determination of the allowances.
(7) The Tribunal must give the following a copy of the report as soon as
practicable after the report is made:
(a) the Administrator;
(b) the Minister.
(8) The Minister must table a copy of the report in the Assembly within
6 sitting days after receiving it.
(9) The allowances determined under subsection (1) apply as follows:
(a) if the report is made on or before 1 February – from the next
financial year;
(b) if the report is made after 1 February – from the financial year
after the next financial year.
Examples for subsection (9)
1 If a report is made on 1 February 2023, the allowances apply from
1 July 2023.
2 If a report is made on 2 February 2023, the allowances apply from
1 July 2024.
Part 3 Entitlements of statutory officers
Division 2 Members of statutory bodies
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
10
Division 2 Members of statutory bodies
8 Tribunal's power
(1) The Tribunal must, on the Administrator's request, inquire into and
make recommendations on any of the following matters as
specified in the request:
(a) the classification structure for statutory bodies;
(b) a matter relating to the entitlements of members of statutory
bodies.
(2) The classification structure for statutory bodies is a set of
provisions that specify the following without specifying any
individual statutory body:
(a) classes of statutory bodies;
(b) the entitlements of members of statutory bodies for any of the
classes.
(3) A request under subsection (1) may relate to:
(a) an inquiry for a specified time; or
(b) inquiries at specified intervals.
(4) The Tribunal must prepare a report for each inquiry conducted
under subsection (1).
(5) The report must include any recommendations made by the
Tribunal on the matter specified in the request for the inquiry.
(6) The Tribunal must give the Administrator and Minister a copy of the
report as soon as practicable after the report is made.
(7) Without limiting subsection (1)(b), the Administrator may specify
any of the following inquiries for subsection (1)(b):
(a) an inquiry into the level of entitlements of members of
statutory bodies;
(b) an inquiry into the legislative framework for the entitlements of
members of statutory bodies.
9 Administrator's power
(1) The Administrator may determine the classification structure for
statutory bodies (whether or not as a result of an inquiry under
section 8).
Part 3 Entitlements of statutory officers
Division 2 Members of statutory bodies
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
11
(2) In providing for an entitlement in relation to a class of statutory
bodies, the determination may:
(a) specify the amount of the entitlement; or
(b) specify a range of amounts from which the amount of the
entitlement for a particular statutory body must be decided by
a responsible Minister under section 10(1)(b).
(3) The determination may apply, adopt or incorporate the whole or
part of a document as in force or existing at a particular time or from
time to time.
(4) The determination does not have effect in relation to a statutory
body until a decision under section 10(1) for that body takes effect.
Note for subsection (4)
See section 10A.
10 Responsible Minister's power
(1) The responsible Minister for a statutory body may, in accordance
with the classification determination, decide:
(a) the class of statutory bodies to which the body belongs; and
(b) if the determination provides for the responsible Minister to
decide the amount of an entitlement as referred to in
section 9(2)(b) – the amount of the entitlement.
(2) The responsible Minister must do so having regard to:
(a) the administrative guidelines; and
(b) any recommendations made by the Minister administering this
Act.
(3) The responsible Minister must notify the Minister administering this
Act of each decision under subsection (1) as soon as practicable
after the decision is made.
(4) This section has effect subject to the law establishing the statutory
body.
Part 3 Entitlements of statutory officers
Division 2 Members of statutory bodies
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
12
10A Decision under section 10 to continue in some circumstances
(1) The purpose of this section is to provide for what happens in
relation to a statutory body if:
(a) a classification determination (applying determination) has
effect in relation to the body as mentioned in section 9(4)
because a decision, that applies to the body, has taken effect
under section 10 (applying decision); and
(b) after the applying determination has effect in relation to the
body, it is amended by a further classification determination or
replaced by another classification determination (the result of
either the amendment or the replacement being a new
determination).
(2) Subject to subsection (3), after the new determination is made but
until it takes effect in relation to the statutory body as mentioned in
section 9(4), both the applying determination and applying decision
continue to have effect in relation to the body.
(3) If the new determination increases the amount of the entitlement as
mentioned in section 9(2)(a) for the class of statutory bodies to
which the statutory body belongs under the applying decision, the
change of the amount (as specified in the new determination) takes
effect in relation to the body on the starting date for the new
determination despite section 9(4).
(4) For subsection (3), the starting date, for a new determination, is:
(a) the date specified in the new determination as the date the
new determination is to start operating in relation to statutory
bodies that are already the subject of an applying decision; or
(b) if no date is specified under paragraph (a) – the date the new
determination is made.
(5) Subsections (2) and (3) apply even if the new determination also
changes other matters in the applying determination.
11 Special power of Administrator
(1) The Administrator may determine the entitlements of a member of a
statutory body.
(2) To the extent to which the determination is inconsistent with any of
the following provisions, the determination has effect and that
provision does not have effect:
(a) a provision in the classification determination;
Part 3 Entitlements of statutory officers
Division 3 Other statutory officers
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
13
(b) a provision in a decision for members of the statutory body
under section 10(1);
(c) a provision in the administrative guidelines.
(3) The determination may apply, adopt or incorporate the whole or
part of a document as in force or existing at a particular time or from
time to time.
(4) This section has effect subject to the law establishing the statutory
body.
12 Publication
(1) The Minister must, in a manner that the Minister considers
appropriate, publish a document that incorporates so much of the
following as is in force:
(a) the classification determination;
(b) each decision under section 10(1);
(c) each determination under section 11(1);
(d) each provision in force under section 29.
(2) The Minister must update the document as soon as practicable
after a determination or decision referred to in subsection (1)(a), (b)
or (c) is made, amended or revoked.
(3) Without limiting subsection (1), the Minister may publish the
document in an electronic form.
13 Administrative guidelines
(1) The Minister may make administrative guidelines for this Division.
(2) Without limiting subsection (1), the guidelines may provide for the
matters that should be taken into account in making a decision
under section 10(1).
Division 3 Other statutory officers
14 Application
This Division:
(a) applies to a statutory officer whose entitlements are not
provided under Division 1, 1A or 2; and
Part 3 Entitlements of statutory officers
Division 3 Other statutory officers
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
14
(b) has effect subject to the law establishing the office held or
occupied by the officer.
15 Entitlements
(1) The Tribunal must, on the Administrator's request, inquire into and
make recommendations on an entitlement of a statutory officer to
whom this Division applies as specified in the request.
(2) The request may relate to:
(a) an inquiry for a specified time; or
(b) inquiries for specified intervals.
(3) Without limiting subsection (1), an inquiry covered by that
subsection may be:
(a) an inquiry into the level of the entitlement; or
(b) an inquiry into the legislative framework for the entitlement.
(4) The Tribunal must prepare a report for each inquiry conducted
under subsection (1).
(5) The report must include any recommendations made by the
Tribunal on the matter specified in the request for the inquiry.
(6) The Tribunal must give the Administrator and Minister a copy of the
report as soon as practicable after the report is made.
(7) The Minister must table a copy of the report in the Assembly within
6 sitting days after receiving it.
16 Administrator's power
(1) If no provision is made under a law of the Territory for an
entitlement of a statutory officer to whom this Division applies, the
Administrator may determine that entitlement.
(2) The determination ceases to have effect when a provision for that
entitlement takes effect under another law of the Territory.
(3) The determination may apply, adopt or incorporate the whole or
part of a document as in force or existing at a particular time or from
time to time.
Part 4 Administration
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
15
Part 4 Administration
17 Establishment of Tribunal
(1) The Remuneration Tribunal is established.
(2) The Tribunal may be constituted by one member, or 2 or
3 members, appointed by the Administrator.
(3) A member holds office for a period of 5 years and is eligible for
re-appointment.
(4) A member may resign the office by writing given to the
Administrator.
(5) The Administrator may remove a member from office:
(a) for incompetence or misbehaviour; or
(b) for mental or physical incapacity to carry out the member's
duties satisfactorily.
(6) The office of a member becomes vacant if the member:
(a) dies; or
(b) completes a term of office and is not re-appointed; or
(c) resigns the office; or
(d) is removed from office under subsection (5); or
(e) is convicted in the Territory of an offence punishable by
imprisonment for 12 months or more or is convicted elsewhere
of an offence that, if committed in the Territory, would be an
offence so punishable; or
(f) becomes bankrupt, applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with the
member's creditors or makes an assignment of the member's
remuneration for their benefit.
(7) The Administrator may appoint a person to act as a member during
a period or all periods when:
(a) the member's office becomes vacant; or
(b) the member is absent from duty or from the Territory; or
(c) the member is unable to perform the member's duties.
Part 4 Administration
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
16
18 Chairperson of Tribunal
(1) The Administrator must appoint a member of the Tribunal to be the
chairperson of the Tribunal if the Tribunal has more than
one member.
(2) The chairperson must preside at all meetings of the Tribunal.
(3) The chairperson holds office for the period specified in the
appointment.
(4) The chairperson may resign the office by writing given to the
Administrator.
(5) The Administrator may appoint a member of the tribunal to act as
the chairperson during a period or all periods when:
(a) the chairperson's office becomes vacant; or
(b) the chairperson is absent from duty or from the Territory; or
(c) the chairperson is unable to perform the chairperson's duties.
19 Tribunal's power to inquire or determine
In inquiring into or determining a matter under this Act, the Tribunal
may also inquire into or determine (as the case may be) another
matter that relates to the matter.
20 Determinations by Tribunal
(1) A determination by the Tribunal under this Act may apply, adopt or
incorporate the whole or part of a document as in force or existing
at a particular time or from time to time.
(2) A determination by the Tribunal under this Act may provide for:
(a) the following to be decided by a person specified in the
determination:
(i) an administrative matter;
(ii) an alternative to an entitlement because of special
circumstances, to avoid hardship or for another reason
specified in the determination; or
(b) an entitlement to be subject to approval by, or notice to, a
specified person (however the approval or notice is described
in the determination).
Part 4 Administration
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
17
21 Tabling of determinations
(1) This section applies to a determination by the Tribunal under this
Act.
(2) The Minister must give a copy of the determination to each person
whose entitlements are affected by the determination:
(a) within 14 days after the Minister receives a copy of the
determination under this Act; and
(b) before the Minister tables a copy of the determination in the
Assembly under this Act.
(3) The Minister must, within 6 sitting days after complying with
subsection (2), table a copy of the determination in the Assembly.
(4) The determination takes effect from the date specified in the
determination.
22 Conduct of inquiry
(1) The Tribunal is not required to conduct an inquiry in a formal
manner.
(2) In conducting an inquiry, the Tribunal:
(a) is not bound by the rules of evidence; and
(b) may inform itself in any manner it considers appropriate; and
(c) may receive any written or oral submissions.
23 Assistance
(1) The Minister may appoint a public sector employee to assist the
Tribunal in performing its functions.
(2) For subsection (1), the Minister may appoint:
(a) a public sector employee by name; or
(b) a public sector employee by reference to the office, position or
designation held or occupied by the employee; or
(c) a public sector employee from time to time holding or
occupying a named office, position or designation.
24 Regulations
The Administrator may make regulations under this Act.
Part 5 Repeals and transitional matters for Assembly Members and Statutory
Officers (Remuneration and Other Entitlements) Act 2006
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
18
Part 5 Repeals and transitional matters for Assembly
Members and Statutory Officers (Remuneration
and Other Entitlements) Act 2006
25 Repeal of Acts
The Acts specified in Schedule 1 are repealed.
26 Definitions
In this Part:
commencement means the commencement of the Assembly
Members and Statutory Officers (Remuneration and Other
Entitlements) Act 2006.
existing Tribunal means the Remuneration Tribunal existing under
the Remuneration Tribunal Act 1981 immediately before the
commencement.
new Tribunal means the Remuneration Tribunal established by
section 17(1).
27 Remuneration Tribunal
(1) A person who is a member of the existing Tribunal immediately
before the commencement is taken to have been appointed as a
member of the new Tribunal under section 17(2).
(2) However, section 17(3) does not apply to that member.
28 Determinations under Remuneration Tribunal Act 1981
(1) A determination made by the existing Tribunal and in force under
the Remuneration Tribunal Act 1981 immediately before the
commencement continues in force.
(2) The determination may be amended or revoked by the new
Tribunal as if:
(a) for a determination applying to an Assembly member – it had
been made under section 4(1) of this Act; or
(b) for a determination applying to a Magistrate – it had been
made under section 7(1) of this Act.
Part 6 Transitional matters for later enactments
Division 2 Assembly Members and Statutory Officers (Remuneration and Other
Entitlements) Amendment Act 2011
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
19
29 Determinations under Remuneration (Statutory Bodies)
Act 1979
A provision in a determination in force under the Remuneration
(Statutory Bodies) Act 1979 immediately before the commencement
that provides for an entitlement of a member of a statutory body
continues to be in force until the commencement of a provision for
an entitlement of that member under sections 9 and 10 of this Act.
Part 6 Transitional matters for later enactments
Division 1 Assembly Members and Statutory Officers
(Remuneration and Other Entitlements)
Amendment Act 2009
30 Administrative arrangements continue
(1) An existing administrative arrangement for an entitlement of an
Assembly member continues to have effect until a determination
under section 4 for the entitlement takes effect.
(2) In this section:
existing administrative arrangement, for an entitlement of an
Assembly member, means the administrative arrangement relating
to the entitlement:
(a) made by the Chief Minister, and tabled in the Legislative
Assembly, on 21 February 2007; or
(b) made by the Chief Minister, and tabled in the Legislative
Assembly, on 29 November 2007.
Division 2 Assembly Members and Statutory Officers
(Remuneration and Other Entitlements)
Amendment Act 2011
30A Further amount of basic salary for period on and after
19 August 2010 until commencement
(1) This section applies to a person who:
(a) was, on 19 August 2010, an Assembly member or, after
19 August 2010, became an Assembly member; and
(b) is, immediately before the commencement, an Assembly
member.
Part 6 Transitional matters for later enactments
Division 2 Assembly Members and Statutory Officers (Remuneration and Other
Entitlements) Amendment Act 2011
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
20
(2) In addition to any amount previously paid to the person as basic
salary in relation to the relevant period, the person is entitled to be
paid a further amount of basic salary for the relevant period.
(3) The further amount of basic salary is worked out by:
(a) calculating the amount to which the person would have been
entitled as basic salary for the relevant period if section 4 of
the Assembly Members and Statutory Officers (Remuneration
and Other Entitlements) Amendment Act 2011 had been in
force on 19 August 2010; and
(b) subtracting the amount of basic salary paid to the person for
the relevant period from the amount calculated under
paragraph (a).
(4) In this section:
commencement means the commencement of this section.
relevant period, in relation to a person, means the period as
mentioned in subsection (1) (starting on or after 19 August 2010
and ending immediately before the commencement) for which the
person was an Assembly member.
31 Additional salary of office for 2011 calendar year
(1) Subsection (2) applies to an Assembly member if:
(a) on or after 1 January 2011 but immediately before the
commencement of this section (the interim period) – the
Assembly member was entitled to be paid an amount of
additional salary of office for an office under the 2009 Tribunal
determination for the interim period (the first entitlement);
and
(b) on the commencement – the office is a prescribed office.
Note for subsection (1)
On the commencement, entitlements for additional salary of office for any period
in 2011 but after the interim period are to be worked out under section 3A.
(2) The Assembly member is entitled to be paid a further amount for
the office for the interim period worked out by:
(a) calculating the amount to which the Assembly member would
have been entitled for the office for the interim period if
section 3A had been in force on 1 January 2011 (the second
entitlement); and
Part 6 Transitional matters for later enactments
Division 3 Assembly Members and Statutory Officers (Remuneration and Other
Entitlements) Amendment Act 2015
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
21
(b) subtracting the first entitlement from the second entitlement.
(3) For applying section 3A(1) to the prescribed office of Member of the
Council of Territory Cooperation:
(a) subsection 3A(1) applies to any period during the 2011
calendar year (including before the commencement of that
subsection); and
(b) the 2009 Tribunal determination is taken to have provided for
an additional salary of office for such a Member with an
annual amount equal to 50% of the annual amount to which
the Chairperson of the Council of Territory Cooperation was
entitled under that determination.
32 Stopping operation of 2009 Tribunal determination
If a part of the 2009 Tribunal determination is in force immediately
before the commencement of this section, the part ceases to be in
force on the commencement.
Division 3 Assembly Members and Statutory Officers
(Remuneration and Other Entitlements)
Amendment Act 2015
33 Existing entitlements continue until new determination takes
effect
(1) Despite the amendments:
(a) until a determination made under section 3A(1)(a) takes effect,
an Assembly member is entitled to be paid the amount of
basic salary that the member would have been entitled to be
paid under the former Act; and
(b) until a determination made under section 3A(1)(b) takes effect,
an Assembly member is entitled to be paid the amount of
additional salary of office that the member would have been
entitled to be paid under the former Act.
(2) In this section:
amendments means the amendments made to this Act by the
Assembly Members and Statutory Officers (Remuneration and
Other Entitlements) Amendment Act 2015.
former Act means this Act as in force immediately before the
commencement of the amendments.
Schedule 1 Repealed Acts
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
22
Schedule 1 Repealed Acts
section 25
Remuneration (Statutory Bodies) Act 1979 Act No. 9 of 1980
Remuneration Tribunal Act 1981 Act No. 28 of 1981
Remuneration Tribunal Amendment Act 1985 Act No. 15 of 1985
Remuneration Tribunal Amendment Act 1991 Act No. 29 of 1991
Remuneration Tribunal Amendment Act 2004 Act No. 51 of 2004
ENDNOTES
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
23
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Assembly Members and Statutory Officers (Remuneration and Other Entitlements)
Act 2006 (Act No. 7, 2006)
Assent date 26 April 2006
Commenced 26 April 2006
Assembly Members and Statutory Officers (Remuneration and Other Entitlements)
Amendment Act 2009 (Act No. 27, 2009)
Assent date 1 September 2009
Commenced 30 September 2009 (Gaz G39, 30 September 2009, p 5)
Assembly Members and Statutory Officers (Remuneration and Other Entitlements)
Amendment Act (No. 2) 2009 (Act No. 28, 2009)
Assent date 11 November 2009
Commenced 1 October 2009 (s 2)
Assembly Members and Statutory Officers (Remuneration and Other Entitlements)
Amendment Act 2011 (Act No. 1, 2011)
Assent date 4 March 2011
Commenced 4 March 2011
Statute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011)
Assent date 21 December 2011
Commenced 27 January 2012 ((other than amdts to Darwin Port
Corporation Act 1983 and Marine Act 1981 listed in the Sch to
Act) Gaz S3, 27 January 2012))
Northern Territory Civil and Administrative Tribunal Act 2014 (Act No. 28, 2014)
Assent date 4 September 2014
Commenced 6 October 2014 (Gaz S95, 6 October 2014)
ENDNOTES
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
24
Assembly Members and Statutory Officers (Remuneration and Other Entitlements)
Amendment Act 2015 (Act No. 6, 2015)
Assent date 10 April 2015
Commenced 10 April 2015
Assembly Members and Statutory Officers (Remuneration and Other Entitlements)
Amendment Act 2016 (Act No. 5, 2016)
Assent date 23 March 2016
Commenced 23 March 2016
Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (Gaz S34, 29 April 2016)
Assembly Members and Statutory Officers (Remuneration and Other Entitlements)
Amendment Act 2017 (Act No. 20, 2017)
Assent date 8 November 2017
Commenced pt 3: 1 January 2017 (s 2(1)); rem: 3 May 2018 (Gaz S28,
3 May 2018)
Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019)
Assent date 6 November 2019
Commenced pts 2 and 3: 11 December 2019 (Gaz G50,
11 December 2019; rem: 7 November 2019 (s 2)
Local Government Act 2019 (Act No. 39, 2019)
Assent date 13 December 2019
Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,
30 June 2021)
Amending Legislation
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
Local Government Amendment Act 2021 (Act No. 15, 2021)
Assent date 25 May 2021
Commenced 26 May 2021 (s 2)
Justice and Other Legislation Amendment Act 2021 (Act No. 7, 2021)
Assent date 13 April 2021
Commenced 14 April 2021 (s 2)
Local Government Legislation Amendment (Remuneration) Act 2022 (Act No. 4, 2022)
Assent date 14 April 2022
Commenced 15 April 2022 (s 2)
Statute Law Revision Act 2023 (Act No. 4, 2023)
Assent date 2 March 2023
Commenced 3 March 2023 (s 2)
ENDNOTES
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
25
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 2, 7, 26, 28 and 29.
4 LIST OF AMENDMENTS
s 2 amd No. 27, 2009, s 4; No. 1, 2011, s 3; No. 6, 2015, s 3; No. 5, 2016, s 3;
No. 9, 2016, s 41; No. 4, 2022, s 4
s 3 sub No. 28, 2009, s 4
amd No. 1, 2011, s 4
sub No. 6, 2015, s 4
s 3A ins No. 1, 2011, s 5
sub No. 6, 2015, s 4
s 4 amd No. 27, 2009, s 5; No. 1, 2011, s 6; No. 6, 2015, s 5; No. 5, 2016, s 4
ss 4AA – 4AB ins No. 5, 2016, s 5
s 4A ins No. 6, 2015, s 6
amd No. 5, 2016, s 6
s 5 amd No. 1, 2011, s 7; No. 5, 2016, s 7; No. 20, 2017, s 4
pt 3
div 1 hdg amd No. 9, 2016, s 42
s 6 amd No. 9, 2016, s 43
s 7 amd No. 28, 2014, s 157; No. 9, 2016, s 44
pt 3
div 1A hdg ins No. 39, 2019, s 369
s 7A ins No. 39, 2019, s 369
s 7B ins No. 39, 2019, s 369
amd No. 4, 2022, s 5
pt 3
div 1B hdg ins No. 4, 2022, s 6
ss 7C – 7E ins No. 4, 2022, s 6
s 8 amd No. 6, 2015, s 7
s 9 amd No. 44, 2011, s 5
s 10 amd No. 44, 2011, s 6
s 10A ins No. 44, 2011, s 7
s 14 amd No. 4, 2023, s 23
s 20 amd No. 44, 2011, s 8
s 21 amd No. 20, 2017, s 5; No. 33, 2019, s 49
s 23 amd No. 7, 2021, s 13
s 24 sub No. 27, 2009, s 6
pt 6 hdg exp No. 7, 2006, s 31
ins No. 27, 2009, s 7
sub No. 1, 2011, s 8
pt 6
div 1 hdg ins No. 1, 2011, s 8
s 30 exp No. 7, 2006, s 31
ins No. 27, 2009, s 7
pt 6
div 2 hdg ins No. 1, 2011, s 9
s 30A ins No. 1, 2011, s 9
s 31 exp No. 7, 2006, s 31
ins No. 1, 2011, s 9
s 32 ins No. 1, 2011, s 9
pt 6
div 3 hdg ins No. 6, 2015, s 8
ENDNOTES
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006
26
s 33 ins No. 6, 2015, s 8
sch 2 exp No. 7, 2006, s 31
ins No. 1, 2011, s 10
rep No. 6, 2015, s 9