7Inquiries and determinations by Tribunal

#### 7 Inquiries and determinations by Tribunal (3) The Tribunal shall, from time to time as provided by this Part, inquire into, and determine, the remuneration to be paid to the holders of public offices other than holders of those offices who are members of, or candidates for election to, either House of the Parliament. (3AA) The Tribunal, as provided by this Part, is to inquire into, and determine, the recreation leave entitlements of the full‑time holders of relevant offices other than holders of those offices who are members of, or candidates for election to, either House of the Parliament. (3AB) For the purposes of subsection (3AA), a relevant office is a public office in relation to which a law of the Commonwealth provides that the holder of the office has such recreation leave entitlements as are determined by the Tribunal. (3AC) The holder of a public office that is a relevant office within the meaning of subsection (3AA) may take recreation leave only with the approval of the person, authority or body, or a delegate of the person, authority or body, who may, under a law of the Commonwealth, grant leave of absence other than recreation leave to the holder of that office. (3AD) Where a law of the Commonwealth does not specify a person, authority or body who may grant leave of absence other than recreation leave to the holder of such an office, the Tribunal may specify a person, authority or body whose approval is required in relation to the taking of recreation leave by the holder of that office. (3A) The Tribunal may make a determination under subsection (3) or (3AA) in relation to persons included in a class of persons specified in the determination without specifying in the determination every person who is included in that class. (3B) The Tribunal may determine that the remuneration to be paid to the holder of an office is the same as that of the holder of another office referred to in the determination, including another office the remuneration payable to the holder of which is determined by some other Commonwealth tribunal or authority. (3C) The Tribunal may determine that the recreation leave entitlements of the full‑time holder of a public office are the same as those of the holder of another office referred to in the determination, including another office the entitlements of the holder of which are determined by some other Commonwealth tribunal or authority. (3D) The Tribunal may, from time to time as provided by this Part: (a) hold inquiries for the purpose of performing its function under subsection 5(2A); and (b) in determining under that subsection a classification structure for principal executive offices, determine the terms and conditions (including remuneration and allowances, or bands of remuneration and allowances) applicable to each classification within the classification structure. (3E) The Tribunal may, from time to time, make recommendations as to any matters relating to principal executive offices, either generally or in respect of a particular principal executive office or particular principal executive offices. (3F) In determining under subsection (3D) the terms and conditions as to the remuneration or band of remuneration that is to be applicable to a classification within a classification structure, the Tribunal must have regard to the superannuation entitlements of the holders of principal executive offices assigned to the classification. (4) Where the Tribunal inquires into a matter referred to in subsection (3), (3AA) or (3D): (a) the Tribunal may also inquire into, and either determine or report on, any matter that is, or is considered by it to be, significantly related to the first‑mentioned matter; and (b) if the Minister, by a notice in writing given to the President, requests the Tribunal to inquire into, and either to determine or report on, a matter specified in the notice, being a matter that is, or is considered by the Minister to be, significantly related to the first‑mentioned matter, the Tribunal shall inquire into the matter specified in the notice and either determine or report on that matter, as the case may be, in accordance with the request. (4A) The Tribunal may inquire into and determine the travelling allowances to be paid to members of committees established under section 54, and members of sub‑committees established under subsection 58(1A), of the Fisheries Administration Act 1991 in relation to the performance of their duties as members of the committees or sub‑committees. (4B) The Tribunal may inquire into and determine the travelling allowances to be paid to the President of the Fair Work Commission for travel within Australia. (5) Subject to subsection (5A), a determination of the Tribunal shall be in writing and shall come into operation, or shall be deemed to have come into operation, on such date as the Tribunal specifies in the determination. (5A) A determination to which this subsection applies comes into operation according to subsections (5C) and (5D). (5B) Subsection (5A) applies to a determination that relates to the remuneration to be paid to a holder of: (a) an office of Justice or Judge of a federal court or of the Supreme Court of a Territory; or (b) the office of a person who, under an Act, has the same status as a Justice or Judge of a court referred to in paragraph (a). (5C) So far as it relates to a holder of an office referred to in subsection (5B), a determination to which subsection (5A) applies takes effect on the latest of the following: (a) the date specified by the Tribunal in the determination; (b) the day after the fifteenth sitting day of the House of Representatives after a copy of the determination is laid before that House; (c) the day after the fifteenth sitting day of the Senate after a copy of the determination is laid before the Senate. (5D) Except to the extent that subsection (5C) applies, a determination to which subsection (5A) applies takes effect according to subsection (5). (5E) Where, under subsection (5C), a determination, so far as it relates to a particular office, comes into operation after the date specified in the determination, a person who held the office at any time during the period of deferral is entitled to receive the difference between: (a) the remuneration that would have been payable to him or her in respect of that period if the determination had come into operation according to subsection (5); and (b) the remuneration that was payable to him or her in respect of that period. (5F) For the purposes of subsection (5E), the period of deferral is the period commencing on the date specified in the determination and ending on the day on which the determination comes into operation in relation to the holder of the particular office. (6) The Tribunal must give the Minister a copy of every determination made by the Tribunal, other than a determination that relates to an ACT office. (6A) The Tribunal must give the Chief Minister of the Australian Capital Territory a copy of every determination made by the Tribunal in relation to an ACT office. (7) The Minister shall cause a copy of a determination, other than a determination that relates to an ACT office or that is made under Division 4, to be laid before each House of the Parliament within 15 sitting days of that House after the determination is received by him or her. (8) If either House of the Parliament, within 15 sitting days of that House after a copy of a determination has been laid before that House, passes a resolution disapproving of the determination, then: (a) if the determination has not come into operation—the determination shall not come into operation; or (b) if the determination has come into operation—the determination shall not have any force or effect in respect of a period on or after the day on which the resolution was passed. (8A) If the Legislative Assembly for the Australian Capital Territory, within 30 sitting days of the Assembly after a copy of a determination that relates to an ACT office is given to the Chief Minister, passes a resolution disapproving of the determination, then: (a) if the determination has not come into operation—the determination does not come into operation; or (b) if the determination has come into operation—the determination does not have any force or effect after the day on which the resolution is passed. (9) Remuneration (including salary) or allowances to which a subsisting determination applies shall, notwithstanding the provisions of any other law of the Commonwealth, of any law of a State or Territory, of any instrument having effect by virtue of such a law or of any contract, but subject to the succeeding provisions of this section: (a) in the case of remuneration or allowances payable to a person who: (i) holds an office or appointment as, or as a member of, or in the service or employment of, a public statutory corporation or an office or appointment as a member of a body established to manage, conduct or control the business or affairs of, or otherwise to perform functions in relation to, such a corporation; or (ii) holds an office or appointment as a director of, or in the service or employment of, an incorporated company; being a corporation or company that has funds under its control that are lawfully available to pay the remuneration or allowances—be paid in accordance with the determination out of those funds; and (aa) in the case of remuneration or allowances payable to a person who holds an office of Magistrate within the meaning of the law of the Northern Territory known as the Justices Act as in force from time to time—be paid in accordance with the determination out of public moneys of the Territory within the meaning of Part V of the Northern Territory (Self‑Government) Act 1978; and (acaa) in the case of remuneration or allowances payable to a person who holds an office or appointment under Part 3A of the Aboriginal and Torres Strait Islander Act 2005—be paid in accordance with the determination out of money of the Torres Strait Regional Authority that is lawfully available to pay the remuneration or allowances; and (aca) in the case of remuneration or allowances payable to a person who holds an office or appointment under Part 4 of the Aboriginal and Torres Strait Islander Act 2005—be paid in accordance with the determination out of money of the Aboriginal and Torres Strait Islander Commercial Development Corporation that is lawfully available to pay the remuneration or allowances; and (acaaa) in the case of remuneration or allowances payable to a person who holds an office or appointment under Part 4A of the Aboriginal and Torres Strait Islander Act 2005—be paid in accordance with the determination out of money of the Indigenous Land and Sea Corporation that is lawfully available to pay the remuneration or allowances; and (acb) in the case of remuneration or allowances payable to a person who holds an office or appointment under the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989—be paid in accordance with the determination out of money of the Australian Institute of Aboriginal and Torres Strait Islander Studies that is lawfully available to pay the remuneration or allowances; and (ad) in the case of remuneration or allowances payable to a person who holds the office of Commissioner of Private Health Insurance Administration, an office of member of the Private Health Insurance Administration Council or the office of Director of that Council—be paid in accordance with the determination out of funds under the control of that Council; and (b) in any other case—be paid in accordance with the determination out of the Consolidated Revenue Fund. (10) A member of, or a candidate for election to, either House of the Parliament is not entitled to be paid, and shall not be paid, any remuneration or allowances in respect of his or her holding, or performing the duties of, a public office but he or she shall be reimbursed: (a) in the case of a public office to which paragraph (9)(a) applies—out of the funds of the corporation or company concerned; or (b) in any other case—out of the Consolidated Revenue Fund, such expenses as he or she reasonably incurs in respect of his or her holding, or performing the duties of, that office. (11) Except as prescribed, or as authorized or approved by or under any other law of the Commonwealth or any law of a Territory, a person is not entitled to be paid any remuneration in respect of his or her holding, or performing the duties of, a public office on a part‑time basis if the person holds any office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of the Commonwealth, the Administration of a Territory, a public statutory corporation, an incorporated company referred to in paragraph 3(4)(da) or an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth or by a public statutory corporation. (11A) For the purposes of subsection (11), an office of member of the Aboriginal Corporation of the National Aboriginal Conference shall be deemed to be an office in the service of the Commonwealth. (12) Except as prescribed, a person is not entitled to be paid any remuneration in respect of his or her holding, or performing the duties of, a public office if the person holds a judicial office in the service of the Government of a State or of a country other than Australia. (12A) Where the same person holds each of two public offices on a full‑time basis: (a) if the salary applicable to one of those offices is higher than the salary applicable to the other of those offices—he or she shall be remunerated only by the salary and annual allowance (if any) applicable to the office to which the higher salary is applicable; or (b) if the same salary is applicable to each of those offices: (i) where an annual allowance is applicable to one only of those offices—he or she shall be remunerated only by the salary and annual allowance applicable to that office; (ii) if an annual allowance is applicable to each of those offices but the annual allowance applicable to one of those offices is higher than the annual allowance applicable to the other of those offices—he or she shall be remunerated only by the salary and annual allowance applicable to the office to which the higher annual allowance is applicable; or (iii) if the same annual allowance is applicable to each of those offices—he or she shall be remunerated only by the salary and annual allowance applicable to one of those offices. (13) The Consolidated Revenue Fund is appropriated for the purposes of subsections (9) and (10). (14) Nothing in a determination affects the operation of section 17 of the Remuneration and Allowances Act 1973.