17Remuneration and allowances

#### 17 Remuneration and allowances (1) A commissioner is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination is in operation, the commissioner is to be paid such remuneration as is prescribed. (2) A commissioner is to be paid such allowances as are prescribed. (3) Where: (a) a person who is a part‑time commissioner is a member of, or a candidate for election to, the Parliament of a State; and (b) under the law of the State, the person would not be eligible to remain, or to be elected as a member of that Parliament if the person were entitled to remuneration or allowances under this Act; the person must not be paid remuneration or allowances under this Act, but is to be reimbursed the expenses that the person reasonably incurs in performing duties under this Act. (4) Where a part‑time commissioner: (a) is a member of the Parliament of a State, but subsection (3) does not apply in relation to the person; or (b) is in the service or employment of a State, or an authority of a State, on a full‑time basis; or (c) holds or performs the duties of an office or position established by or under a law of a State on a full‑time basis; it is a condition of the person’s holding office under this Act that the person pay to the State, within one month of receiving an amount of remuneration under this Act, an amount equal to the amount of remuneration. (5) An amount payable under subsection (4) is a debt due to the State, and the State may recover the amount by action against the person in a court of competent jurisdiction. (6) This section has effect subject to the Remuneration Tribunal Act 1973. (8) In this section: > Parliament means: (a) in relation to the Australian Capital Territory—the Legislative Assembly for the Australian Capital Territory; and (b) in relation to the Northern Territory—the Legislative Assembly of the Northern Territory. > State includes the Australian Capital Territory and the Northern Territory.