Part 1– GENERAL

PART 1 – GENERAL

1.1 Authority: This Determination is issued pursuant to the Remuneration Tribunal Act 1973, sub-sections 7(3) and 7(4).

1.2 Effect of this determination: This Determination takes effect on and from 1 July 2008 except where specified otherwise. It supersedes and revokes in full Determination 2007/11 (as amended) – Judicial and Related Offices – Remuneration and Allowances.

1.2.1 Subject to Clause 1.2.2, this Determination sets a base level of remuneration and benefits for office holders. Other authorities may prescribe additional remuneration and/or benefits under, for example:

(i) general Commonwealth laws concerned with employment;

(ii) the specific Commonwealth Act that establishes an office (if any); and/or

(iii) the Constitution, which grants certain executive powers to the Governor-General and to Ministers of State.

1.2.2 Clause 1.2.1 does not apply to office holders paid under Part 5 (see Clause 5.2). This clause does not affect the application of the remainder of Parts 1- 4 of this Determination to office holders.

1.3 Administration: In administering this Determination, authorities:

(i) shall pay the annual benefits specified in proportion (pro rata) to the office holder’s period of service during that year;

(ii) may issue procedural instructions to assist in the implementation of this Determination;

(iii) may elect to apply the same instructions as they do for employees, except where those instructions are not in accordance with this Determination

1.4 Use of term ‘Judge’: Unless the contrary intention appears, a reference in this Determination to a ‘Judge’ includes a reference to a Federal Magistrate.