South Australia act

Salaries Adjustment (Public Offices) Act 1976

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

2/10 complexity

This Act requires that when an award or determination increases the salary of a public office from an earlier date, a person who held that office during the retro‑active period but had left before the determination must be paid the higher salary for the time they served (s 7). It does not affect matters under the Superannuation Act 1974 (s 4). Payments are made by the employer (the government); determinations may be judicial or administrative and the Governor may make regulations (s 6, s 7, s 8).

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Salaries Adjustment (Public Offices) Act 1976

South Australia Salaries Adjustment (Public Offices) Act 1976 An Act to make provision for the adjustment of salaries of certain employees and for other purposes.

Contents 1 Short title 4 Operation of Superannuation Act not affected 5 Rights to salary apart from this Act not affected 6 Interpretation 7 Retro-active increases in salary 8 Regulations Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Salaries Adjustment (Public Offices) Act 1976. 4—Operation of Superannuation Act not affected Nothing in this Act shall apply to or in relation to the Superannuation Act 1974. 5—Rights to salary apart from this Act not affected Nothing in this Act shall affect any right to salary in respect of a public office that would exist had this Act not been enacted. 6—Interpretation In this Act, unless the contrary intention appears— commencing date in relation to a retro-active determination, means the date as from which the determination is expressed to have effect; public office means an office or place— (a) constituted or created by, or pursuant to, an Act; or (b) to which a person has been appointed by the Governor in the exercise of his executive authority; or (c) being any prescribed office or place; retro-active determination means any award or determination (whether of a judicial or administrative nature) purporting to increase the salary payable to the holder of a public office as from a day earlier than the day on which the award or determination is made; retro-active period, in relation to a retro-active determination, means the period commencing on the commencing date and ending on the date on which the determination is made; salary includes wages and allowances and any other form of remuneration in the nature of salary, wages or allowances. 7—Retro-active increases in salary (1) Where— (a) a retro-active determination is made in relation to a public office; and (b) a person occupied that office for some time during the retro-active period but had ceased to occupy that office on or before the date on which the determination was made, that person shall be entitled to be paid a salary as so increased by that determination, in respect of the period, subsequent to the commencing date, for which he occupied that office. (2) Subsection (1) of this section shall apply to and in relation to every retro-active determination made after the commencement of this Act whether the retro-active period in relation to that determination commenced before, on or after the commencement of this Act. 8—Regulations The Governor may make such regulations as are necessary or expedient for the purposes of this Act. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Salaries Adjustment (Public Offices) Act 1976 repealed the following: Salaries Adjustment (Public Service and Teachers) Act 1960 Salaries Adjustment (Public Service and Teachers) Act Amendment Act 1975 Principal Act Year No Title Assent Commencement 1976 37 Salaries Adjustment (Public Offices) Act 1976 21.10.1976 9.12.1976 (Gazette 9.12.1976 p1880) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002

ss 2 & 3 omitted under Legislation Revision and Publication Act 2002

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Salaries Adjustment (Public Offices) Act 1976

South Australia Salaries Adjustment (Public Offices) Act 1976 An Act to make provision for the adjustment of salaries of certain employees and for other purposes.

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Salaries Adjustment (Public Offices) Act 1976. 4—Operation of Superannuation Act not affected Nothing in this Act shall apply to or in relation to the Superannuation Act 1974. 5—Rights to salary apart from this Act not affected Nothing in this Act shall affect any right to salary in respect of a public office that would exist had this Act not been enacted. 6—Interpretation In this Act, unless the contrary intention appears— commencing date in relation to a retro-active determination, means the date as from which the determination is expressed to have effect; public office means an office or place— (a) constituted or created by, or pursuant to, an Act; or (b) to which a person has been appointed by the Governor in the exercise of his executive authority; or (c) being any prescribed office or place; retro-active determination means any award or determination (whether of a judicial or administrative nature) purporting to increase the salary payable to the holder of a public office as from a day earlier than the day on which the award or determination is made; retro-active period, in relation to a retro-active determination, means the period commencing on the commencing date and ending on the date on which the determination is made; salary includes wages and allowances and any other form of remuneration in the nature of salary, wages or allowances. 7—Retro-active increases in salary (1) Where— (a) a retro-active determination is made in relation to a public office; and (b) a person occupied that office for some time during the retro-active period but had ceased to occupy that office on or before the date on which the determination was made, that person shall be entitled to be paid a salary as so increased by that determination, in respect of the period, subsequent to the commencing date, for which he occupied that office. (2) Subsection (1) of this section shall apply to and in relation to every retro-active determination made after the commencement of this Act whether the retro-active period in relation to that determination commenced before, on or after the commencement of this Act. 8—Regulations The Governor may make such regulations as are necessary or expedient for the purposes of this Act. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation repealed by principal Act The Salaries Adjustment (Public Offices) Act 1976 repealed the following: Salaries Adjustment (Public Service and Teachers) Act 1960 Salaries Adjustment (Public Service and Teachers) Act Amendment Act 1975 Principal Act Year No Title Assent Commencement 1976 37 Salaries Adjustment (Public Offices) Act 1976 21.10.1976 9.12.1976 (Gazette 9.12.1976 p1880) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002