Sch 1ASalary sacrifice by office holders

Schedule 1A—Salary sacrifice by office holders

(1) In this Schedule—

commencement day means the date of commencement of section 18 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008;

office holder means—

(a) a prerogative officer holder appointed by the Governor in Council under section 88 of the Constitution Act 1975;

(b) a person appointed to a public office whose remuneration is—

(i) fixed by the Act establishing the office;

(ii) fixed in the person's instrument of appointment or determined from time to time in accordance with that instrument;

(iii) fixed or determined by the Governor in Council (whether at the time of appointment or from time to time);

(iv) fixed by a Minister (whether at the time of appointment or from time to time);

relevant Minister in relation to an office holder means the Minister administering the Act under which the office holder is appointed;

remuneration includes salary or fee.

2 Application of Schedule

This Schedule does not apply to—

Sch. 1A cl. 2(a) amended by No. 5/2013 s. 65(a).

(a) a judge or reserve judge;

Sch. 1A cl. 2(b) amended by No. 5/2013 s. 65(b).

(b) a magistrate or reserve magistrate;

Sch. 1A cl. 2(c) amended by No. 63/2013 s. 96(a).

(c) a master or Associate Judge of the Supreme Court or a reserve Associate Judge within the meaning of the Supreme Court Act 1986;

Sch. 1A cl. 2(d) amended by No. 63/2013 s. 96(b).

(d) a master or associate judge of the County Court or a reserve associate judge within the meaning of the County Court Act 1958;

(e) a member of the Victorian Civil and Administrative Tribunal;

(f) the Solicitor-General;

(g) the Auditor-General;

(h) the Director of Public Prosecutions;

(i) the Chief Crown Prosecutor, an Acting Chief Crown Prosecutor, a Crown Prosecutor or an Associate Crown Prosecutor.

3 Salary sacrifice

(1) An office holder may by notice in writing to the relevant Minister enter into an arrangement under which the office holder agrees to receive the whole or part of his or her total amount of future remuneration as non-salary benefits of an equivalent value.