This compilation was prepared on 12 December 2012
taking into account amendments up to SLI 2012 No. 285
Prepared by the Office of Parliamentary Counsel, Canberra
Contents
1 Name of Regulations [see Note 1]
3 Interpretation
4 Offices declared for the purposes of paragraph 3 (4) (ra) of the Act to be principal executive offices
4A Principal executive offices and corresponding employing bodies (Act s 3)
5 Prescribed offices and appointments for the purposes of paragraph 3 (4) (v) of the Act
6 Part‑time offices held by full‑time officers
7 Remuneration of certain persons holding more than one office
Schedule 1 Principal executive offices
Schedule 1A Principal executive offices and corresponding employing bodies
Schedule 2 Part‑time offices
Schedule 3 Part‑time offices under the Aboriginal and Torres Strait Islander Commission Act 1989
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976.
3 Interpretation
(1) In these Regulations, the Act means the Remuneration Tribunals Act 1973.
(2) Words and expressions used in these Regulations and in Part II of the Act have in these Regulations, unless the contrary intention appears, the same respective meanings as they have in that Part.
4 Offices declared for the purposes of paragraph 3 (4) (ra) of the Act to be principal executive offices
For the purposes of paragraph 3 (4) (ra) of the Act, each of the offices specified in Schedule 1 is declared to be a principal executive office.
4A Principal executive offices and corresponding employing bodies (Act s 3)
(1) An office specified in an item of Schedule 1A as a principal executive office is declared, for paragraph 3 (4) (ra) of the Act, to be a principal executive office.
(2) The person or body specified in an item of that Schedule as an employing body is declared, for the definition of employing body in subsection 3 (1) of the Act, to be the employing body for the principal executive office mentioned in that item.
5 Prescribed offices and appointments for the purposes of paragraph 3 (4) (v) of the Act
Each of the following offices and appointments is prescribed for the purposes of paragraph 3 (4) (v) of the Act:
(b) the office of member of the Australian Statistics Advisory Council established under the Australian Bureau of Statistics Act 1975, being the office of a member referred to in paragraph 19 (1) (c) of that Act;
(c) the appointment of a person under regulation 3 of the Statistics Regulations to assist in the carrying out of the functions conferred by the Census and Statistics Act 1905 on the Australian Statistician for the purposes of the taking of the Census;
(g) the office of Deputy Managing Director of the Export Finance and Insurance Corporation, being the office referred to in subsection 71 (3) of the Export Finance and Insurance Corporation Act 1991;
(h) the appointment, by Letters Patent, of a person as a Commissioner to inquire into and report on matters specified in the Letters Patent;
(i) the appointment, under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, of a person:
(i) to conduct a Commission of inquiry into matters relating to either or both of the following:
(A) a significant offshore petroleum incident;
(B) a significant offshore greenhouse gas incident; and
(ii) to report to the Minister for Resources and Energy on the matters (including any recommendations relating to the matters).
6 Part‑time offices held by full‑time officers
(1) A person who:
(a) 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) of the Act 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; and
(b) holds, or performs the duties of, an office specified in Schedule 2;
is entitled to be paid, in respect of the last‑mentioned office, the remuneration for the time being determined by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis or, where
the remuneration for the time being determined by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office is so determined without distinction between a person holding that office on a full‑time basis and a person holding it on a part‑time basis, the remuneration so determined.
(6) The person who, on the day of commencement of this subregulation, holds on a full‑time basis the office of Senior Adviser, position number 1386, in the Consultation and Information Branch of the Office of the Status of Women
in the Department of the Prime Minister and Cabinet and
holds on a part‑time basis the office of member of the Merit Protection and Review Agency is, while holding the second‑mentioned office, entitled to be paid in respect of that office
the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that second‑mentioned office on a part‑time basis.
(7) Subregulation (6) shall be deemed to have come into operation on 1 July 1985.
(10) The person who, on the day of commencement of this subregulation, holds on a full‑time basis the office of Chairman of the National Companies and Securities Commission and holds on a part‑time basis the office of Deputy Chairperson of the Civil Aviation Authority is, while holding the second‑mentioned office, entitled to be paid in respect of that office
the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis.
(11) Subregulation (10) shall be taken to have commenced on
17 June 1988.
(13) The person who, on the commencement of this subregulation, holds:
(a) the office of Special Adviser to the Minister for Land Transport on a full‑time basis; and
(b) the office of member of the Civil Aviation Authority on a part‑time basis;
is, while holding the second‑mentioned office, entitled to be paid in respect of that office the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis.
(14) The person who, on the commencement of this subregulation:
(a) is employed by the Trade Union Training Authority in the full‑time position of National Industrial Training Officer; and
(b) holds the office of member of the Superannuation Fund Investment Trust on a part‑time basis;
is, while holding the second‑mentioned office, entitled to
be paid in respect of that office the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis.
(15) Subregulation (14) is taken to have commenced on 1 July 1990.
(16) A person who:
(a) 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) of the Act or
an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth or a public statutory corporation; and
(b) holds and performs, on a part‑time basis, the duties of an office specified in Schedule 3;
is entitled to be paid in respect of the last mentioned office, the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to
a person holding that office on a part‑time basis.
(17) Subregulation (16) is taken to have commenced on 1 January 1991.
(18) The person who, on the commencement of this subregulation:
(a) is an unattached officer of the Australian Public Service; and
(b) holds office as a member of the Council of the National Museum of Australia on a part‑time basis;
is, while holding the office mentioned in paragraph (b), entitled to be paid in respect of that office the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis.
(19) Subregulation (18) is taken to have commenced on 23 August 1991.
(20) The person who, on the commencement of this regulation holds:
(a) an office in the Australian International Development Assistance Bureau on a full‑time basis; and
(b) an office as a member of the Commonwealth‑State Council on Non‑English Speaking Background Women’s Issues on a part‑time basis;
is entitled to be paid, in respect of the office mentioned
in paragraph (b), for the period commencing on the commencement of this regulation and ending on 30 June 1994, the remuneration determined from time to time by the Remuneration Tribunal to be the remuneration to be paid to a person holding that office on a part‑time basis.
(21) Subregulation (20) is taken to have commenced on
25 November 1993.
(22) A person who, on the commencement of this subregulation holds:
(a) an office in the Strategic Development Division of the Department of Social Security on a full‑time basis; and
(b) an office as a member of the Commonwealth Advisory Committee on Homelessness on a part‑time basis;
is, while holding the office mentioned in paragraph (b), entitled to be paid in respect of that office the remuneration determined under the Act to be the remuneration to be paid to a person holding that office on a part‑time basis.
(23) Subregulation (22) is taken to have commenced on 25 October 1995.
7 Remuneration of certain persons holding more than one office
(1) For the purposes of subsection 7 (12) of the Act, a person who:
(a) holds office as a Judge of the Family Court of Australia within the meaning of Part IV of the Family Law Act 1975; and
(b) also holds office as a Judge of the Family Court of the State of Western Australia;
is entitled to be paid remuneration determined under the Act in respect of the office of Judge of the Family Court of Australia.
(2) For the purposes of subsection 7 (12) of the Act, a person who holds:
(a) the office of Chairperson of the Australian Electoral Commission; and
(b) judicial office in the service of a country other than Australia;
is entitled to be paid remuneration determined under the Act in respect of the office mentioned in paragraph (a) if the person receives no salary for service in an office mentioned in paragraph (b).
Executive Officer, National Environment Protection Council Service Corporation
Minister for the Environment and Heritage on behalf of the National Environment Protection Council
27
Chair, Great Barrier Reef Marine Park Authority
Minister for the Environment and Heritage
28
Director, National Parks
Minister for the Environment and Heritage
29
Chief Executive Officer, National Registration Authority
National Registration Authority
Schedule 2 Part‑time offices
(subregulation 6 (1))
1.
Port Conciliator under section 168 of the Industrial Relations Act 1988.
2.
Staff‑elected Director of the Australian Broadcasting Corporation referred to in paragraph 12 (1) (ba) of the Australian Broadcasting Corporation Act 1983.
3.
Trustees of the Commonwealth Superannuation Board of Trustees No. 1 referred to in paragraph (b) of subclause 4 (1) of the Trust Deed set out in the Schedule to the Superannuation Act 1990.
4.
Member of the Commonwealth Superannuation Board referred to in subsection 27F (3) of the Superannuation Act 1976.
5.
Trustee of the Military Superannuation and Benefits Board of Trustees No. 1 referred to in paragraph 4 (1) (b) of the Trust Deed set out in the Schedule to the Military Superannuation and Benefits Act 1991 who is a member of the Defence Force but is not an officer.
Schedule 3 Part‑time offices under the Aboriginal and Torres Strait Islander Commission Act 1989
(subregulation 6 (16))
1.
Member of the Aboriginal and Torres Strait Islander Commission.
2.
Member of the Torres Strait Islander Advisory Board.
3.
Member of an Advisory Committee established under section 13 of the Aboriginal and Torres Strait Islander Commission Act 1989.
4.
Member of a Regional Council established under section 92 of the Aboriginal and Torres Strait Islander Commission Act 1989.
Notes to the Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976
Note 1
Note: The Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976 (in force under the Remuneration Tribunal Act 1973) as shown in this compilation comprise Statutory Rules 1976 No. 104 amended as indicated in the Tables below.
Note: > Note: Table of Instruments
Year andnumber
Date of notificationin Gazette or FRLI registration
Date ofcommencement
Application, saving ortransitional provisions
1976 No. 104
6 June 1976
R. 6: 1 Mar 1975Remainder: 6 June 1976
1976 No. 285
20 Dec 1976
20 Dec 1976
—
1977 No. 1
14 Jan 1977
14 Jan 1977
—
1977 No. 229
28 Nov 1977
28 Nov 1977
—
1978 No. 57
2 May 1978
2 May 1978
—
1979 No. 60
11 Apr 1979
11 Apr 1979
—
1980 No. 139
12 June 1980
12 June 1980
—
1980 No. 270
17 Sept 1980
R. 1: 1 Oct 1980Remainder:17 Sept 1980
—
1981 No. 39
20 Mar 1981
R. 3: 12 June 1979Remainder: 20 Mar 1981
—
1981 No. 124
12 June 1981
12 June 1981
—
1981 No. 140
16 June 1981
16 June 1981
—
1981 No. 214
7 Aug 1981
7 Aug 1981
—
1982 No. 101
7 May 1982
7 May 1982
—
1982 No. 187
11 Aug 1982
R. 1 (1): 2 Feb 1982Remainder: 11 Aug 1982
—
1982 No. 207
3 Sept 1982
3 Sept 1982
—
1984 No. 204
27 Aug 1984
27 Aug 1984
R. 3 (2)
1984 No. 475
11 Jan 1985
11 Jan 1985
R. 2
1985 No. 188
6 Aug 1985
6 Aug 1985
—
1985 No. 239
27 Sept 1985
27 Sept 1985
—
1986 No. 138
13 June 1986
13 June 1986
—
1986 No. 158
30 June 1986
30 June 1986
—
1988 No. 319
2 Dec 1988
2 Dec 1988
—
1988 No. 320
2 Dec 1988
2 Dec 1988
—
1988 No. 355
21 Dec 1988
21 Dec 1988
—
1988 No. 387
21 Dec 1988
R. 6 (2): 14 Dec 1988 (see r. 1 (1))R. 6 (3): 1 Jan 1989 (see r. 1 (2) and Gazette 1988, No. S402)R. 6 (4): 1 July 1989 (see r. 1 (3) and Gazette 1989, No. S210)Remainder: 21 Dec 1988
—
as amended by
1989 No. 91
15 May 1989
(see 1989 No. 91 below)
—
1989 No. 91
15 May 1989
R. 4 (2): 1 July 1989 (see r. 1 and Gazette 1989, No. S210)Remainder: 15 May 1989
—
1989 No. 146
30 June 1989
30 June 1989
—
1989 No. 224
23 Aug 1989
R. 4: 15 May 1989Remainder: 23 Aug 1989
—
1989 No. 335
30 Nov 1989
R. 2: 5 Dec 1989 (see r. 1)Remainder: 30 Nov 1989
—
1989 No. 342
7 Dec 1989
7 Dec 1989
—
1990 No. 230
12 July 1990
R. 2 (a): 20 June 1990 (see r. 1 (1) and Gazette 1990, No. S154)R. 2 (b): 1 July 1990 (see r. 1 (2) and Gazette 1990, No. S154)Remainder: 12 July 1990
—
1990 No. 439
21 Dec 1990
1 Jan 1991
—
1990 No. 471
9 Jan 1991
9 Jan 1991
—
1991 No. 44
28 Mar 1991
R. 4: 1 July 1990Remainder: 28 Mar 1991
—
1991 No. 164
28 June 1991
28 June 1991
—
1991 No. 324
29 Oct 1991
1 Oct 1991
—
1992 No. 28
7 Feb 1992
7 Feb 1992
—
1992 No. 98
14 Apr 1992
14 Apr 1992
—
1993 No. 62
4 May 1993
10 Mar 1993 (see r. 1.1 and Gazette 1993, No. GN17)