16General provisions as to determinations

#### 16 General provisions as to determinations 16 General provisions as to determinations > > (1) In making a determination, the Tribunal may determine— > > > > > (a) that any class or kind of remuneration shall be at rates the same as or higher or lower than those at which it was payable immediately before the determination comes into force, > > > > > (b) that any class or kind of allowance payable immediately before the determination came into force shall— > > > > > > > (i) be payable to office holders or any of them or any class of them who or which are or is not in receipt of an allowance of that class or kind immediately before the determination comes into force, > > > > > > > (ii) be not payable to office holders or any of them or any class of them who or which are or is in receipt of an allowance of that class or kind immediately before the determination comes into force, > > > > > > > (iii) cease to be payable, or > > > > > > > (iv) be replaced by an allowance of some other class or kind, or > > > > > (c) that, in addition to any class or kind of remuneration payable at the time the determination is made, an allowance of some additional class or kind shall be payable to office holders or any of them or any class of them. > > > (1A) A determination by the Tribunal of the remuneration to be paid to an office holder who is an officer in the Public Service may not be less than the maximum salary, at the time of the determination, for a clerk (grade 12) in the Public Service. > > > (2) The Tribunal may, in a determination, make provision for the application, in such manner as the Tribunal thinks fit, of any wages decision that may be made after the date of the determination, but before the end of the period in which the determination has effect, to the remuneration to be paid to office holders or any of them or any class of them. > > > (3) The Tribunal may make a determination that applies in relation to an office specified in Schedule 1, 2 or 3 notwithstanding that— > > > > > (a) no person holds the office for the time being, or > > > > > (b) the person who holds the office for the time being is not entitled to be paid remuneration under this Act. > > > (4) The Tribunal may make a determination that does not apply in relation to an office specified in Schedule 1, 2 or 3 if— > > > > > (a) no person holds the office for the time being, or > > > > > (b) the person who holds the office for the time being is not entitled to be paid remuneration under this Act. > > > (5) The Tribunal may, in a determination that applies in relation to an office specified in Schedule 2 or 3, provide that a special allowance (whether or not in addition to any other allowance) is payable only to the holder of the office who is named in the determination. > > > (6) A determination may be made so as to apply differently as between two or more persons holding the same office, being an office specified in Schedule 2 or 3 but not Schedule 1. > > > (7) (Repealed) > > **s 16:** Am 1979 No 94, Sch 1 (3); 1989 No 104, Sch 2 (8); 2013 No 40, Sch 6.9 \[8\].