What it does
The Salaries and Allowances Regulations 1975 operate as subordinate legislation to the Salaries and Allowances Act 1975. Mechanically the regulations do three primary things, each by reference to specific provisions of the Act.
- They define terms used in the regulations, notably commencement day and taxation ruling (reg 2). Commencement day is defined by reference to when a particular amendment regulation from 2018 (Salaries and Allowances Amendment Regulations 2018, reg 3) comes into operation, and taxation ruling is defined as a public ruling by the Commonwealth Commissioner of Taxation under the Taxation Administration Act 1953 determining reasonable daily travel allowance amounts for a financial year (reg 2).
- They prescribe a list of specific public offices for the purposes of section 6 of the Act (reg 3 and the Schedule). The Schedule names the written law that creates the office and the corresponding prescribed office title, for many statutory offices across Western Australian government agencies and tribunals.
- They prescribe categories and forms of remuneration for the purposes of certain Act provisions that deal with how remuneration is to be treated in Tribunal determinations or reports. In particular, regulations 4-6 specify which kinds of remuneration are to be treated as prescribed for the purposes of section 10C(5), section 10D(9) and section 10E(3) of the Act. Those prescriptions include motor vehicle benefits whose notional value is determined by a formula containing externally variable amounts (reg 4 and reg 6(b)), accommodation and travel allowances determined by reference to an Australian Taxation Office style taxation ruling (regs 5(a) and 6(a)), allowances and conditions of service linked to specified industrial instruments such as the Public Service Award 1992 and particular enterprise agreements (reg 5(b), (d), (e)), district and regional housing allowances and subsidies referenced to named State policies and schemes (reg 5(f), (g)), and employer superannuation contributions when a post‑commencement determination provides for payment in accordance with the State Superannuation Act 2000, another written law or the Commonwealth Superannuation Guarantee (Administration) Act 1992 (reg 5(h)).