Commonwealth: Remuneration and Allowances Alteration Act 1986 (Cth)

Remuneration and Allowances Alteration Act 1986 No. 105 of 1986 An Act relating to certain remuneration and allowances Contents Part I—Preliminary 1 Short title 2 Commencement Part II—Modifications of determinations of the Remuneration Tribunal 3 Allowances to be paid to office holders of the Parliament 4 Allowances to be paid to members of the Parliament 5 Entitlements of members of the Parliament Part III—Amendments of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 6 Principal Act 7 Salaries and expenses of office allowances 8 Travelling allowances payable to Justices of the High Court 9 Additional allowance payable to certain Justices of the High Court 10 Travelling allowances payable to holders of certain offices 11 Travelling allowances payable to members of the Inter-State Commission 12 Allowance payable to Solicitor-General 13 Schedule Part IV—Miscellaneous 14 Exclusion of subsection 7(8) of the Remuneration Tribunals Act 1973 Remuneration and Allowances Alteration Act 1986 No. 105 of 1986 An Act relating to certain remuneration and allowances [Assented to 23 October 1986] The Parliament of Australia enacts: Part I—Preliminary 1 Short title This Act may be cited as the Remuneration and Allowances Alteration Act 1986. 2 Commencement (1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent. (2) Parts II and III and section 14 shall be deemed to have come into operation on 1 July 1986. Part II—Modifications of determinations of the Remuneration Tribunal 3 Allowances to be paid to office holders of the Parliament (1) Determination No. 7 of 1986 of the Remuneration Tribunal dated 6 June 1986 is modified by omitting paragraph 1 and substituting the following paragraph: 1. Additional Salary and Expenses of Office Allowance. Rate per annum of Expenses of Office Allowance Rate per annum of Additional Salary Office $ $ Leader of the Opposition ............... 26,261 12,068 President of the Senate ................ 26,261 9,901 Speaker of the House of Representatives ..... 26,261 9,901 Deputy Leader of the Opposition .......... 15,024 9,901 Leader of the Opposition in the Senate ...... 15,024 9,901 Leader of the Third Party in the House of Representatives 10,015 9,901 Leader of a recognised non-Government party of at least 5 members not otherwise specified herein 7,986 9,901 Chairman of Committees in the Senate ...... 7,986 2,041 Chairman of Committees in the House of Representatives 7,986 2,041 Deputy Leader of the Opposition in the Senate . 7,571 2,041 Government Whip in the House of Representatives 7,571 2,041 Opposition Whip in the House of Representatives 6,624 2,041 Government Whip in the Senate .......... 6,211 2,041 Opposition Whip in the Senate ........... 6,211 2,041 Chairman, Joint Committee of Public Accounts 5,915 2,041 Chairman, Parliamentary Standing Committee on Public Works 5,915 2,041 Chairman, Joint Committee on Foreign Affairs and Defence 5,915 2,041 Third Party Whip in the House of Representatives 4,436 Nil Leader in the Senate of the National Party .... 4,436 Nil Chairman, Joint Committee on the Australian Capital Territory 2,218 2,041 Chairman, Parliamentary Joint Committee on the National Crime Authority 2,218 2,041 Chairman, Senate Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs 2,218 2,041 Chairman, Senate Legislative and General Purpose Standing Committee on Education and the Arts 2,218 2,041 Chairman, Senate Legislative and General Purpose Standing Committee on Finance and Government Operations 2,218 2,041 Chairman, Senate Legislative and General Purpose Standing Committee on Foreign Affairs and Defence 2,218 2,041 Chairman, Senate Legislative and General Purpose Standing Committee on National Resources 2,218 2,041 Chairman, Senate Legislative and General Purpose Standing Committee on Science, Technology and the Environment 2,218 2,041 Chairman, Senate Legislative and General Purpose Standing Committee on Social Welfare 2,218 2,041 Chairman, Senate Legislative and General Purpose Standing Committee on Industry and Trade 2,218 2,041 Chairman, House of Representatives Standing Committee on Aboriginal Affairs 2,218 2,041 Chairman, House of Representatives Standing Committee on Environment and Conservation 2,218 2,041 Chairman, House of Representatives Standing Committee on Expenditure 2,218 2,041 Chairman, House of Representatives Standing Committee on Transport Safety 2,218 2,041 Chairman, House of Representatives Standing Committee on Procedure 2,218 2,041 Deputy Government Whip in the House of Representatives 2,218 Nil Chairman of a Parliamentary Committee not otherwise specified herein 1,064 Nil Whip in the Senate of a recognised non-Government party of at least 5 members not otherwise specified herein 1,064 Nil Deputy Government Whip in the Senate ..... 1,064 Nil Deputy Opposition Whip in the Senate ...... 1,064 Nil Deputy Opposition Whip in the House of Representatives 1,064 Nil Deputy Chairman of Committees in the Senate . 1,064 Nil Deputy Chairman of Committees in the House of Representatives 1,064 Nil (2) Paragraph 3 of Determination No. 7 of the Remuneration Tribunal dated 6 June 1986 shall be taken not to have applied in relation to the decision of the Australian Conciliation and Arbitration Commission given on 26 June 1986 in a National Wage Case. (3) The determination of the Remuneration Tribunal referred to in this section as modified by this section has effect as if it were a determination of the Remuneration Tribunal. 4 Allowances to be paid to members of the Parliament (1) Determination No. 8 of 1986 of the Remuneration Tribunal dated 6 June 1986 is modified by omitting paragraph 1 and substituting the following paragraph: 1. Allowance by way of basic salary Rate per annum of basic salary Office Senator or member of the House of Representatives.... $45,543 (2) Paragraph 2 of Determination No. 8 of the Remuneration Tribunal dated 6 June 1986 shall be taken not to have applied in relation to the decision of the Australian Conciliation and Arbitration Commission given on 26 June 1986 in a National Wage Case. (3) The determination of the Remuneration Tribunal referred to in this section as modified by this section has effect as if it were a determination of the Remuneration Tribunal. 5 Entitlements of members of the Parliament (1) Determination No. 11 of 1986 of the Remuneration Tribunal dated 6 June 1986 is modified: (a) by omitting paragraph 7.1; (b) by omitting from sub-subparagraph 7.2(d)(ii) ', or nominee as defined,'; (c) by omitting from sub-subparagraph 7.2(d)(iii) ', spouse, or nominee as defined,' and substituting 'or spouse'; (d) by omitting from subparagraph 7.3(c) 'or nominee'; and (e) by omitting from paragraph 7.4 'or nominee'. (2) The determination of the Remuneration Tribunal referred to in this section as modified by this section has effect as if it were a determination of the Remuneration Tribunal. Part III—Amendments of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 6 Principal Act The Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 is in this Part referred to as the Principal Act. 7 Salaries and expenses of office allowances (1) Section 3 of the Principal Act is amended: (a) by omitting paragraphs (1)(a), (b) and (c) and substituting the following paragraphs: '(a) the rate per annum of the salary applicable to the office on and after 1 July 1986 is the rate per annum specified in column 2 of the Schedule in relation to the office; and (b) the rate per annum of the expenses of office allowance applicable to the office is the rate per annum specified in column 3 of the Schedule in relation to the office.'; (b) by omitting from subsection (2) '3' and substituting '2'; (c) by omitting from subsections (5) and (6) '$564' and substituting '$616'; and (d) by omitting from paragraph (8)(b) '$1,984' and substituting '$2,167'. (2) Subsection 3(2) of the Principal Act shall be taken not to have applied in relation to the decision of the Australian Conciliation and Arbitration Commission given on 26 June 1986 in a National Wage Case. 8 Travelling allowances payable to Justices of the High Court Section 4 of the Principal Act is amended: (a) by omitting from sub-subparagraph (4)(a)(i)(A) '$155' and substituting '$165'; and (b) by omitting from sub-subparagraph (4)(a)(i)(B) '$110' and substituting '$115'. 9 Additional allowance payable to certain Justices of the High Court Section 5 of the Principal Act is amended by omitting from subsection (1) '$10,640' and substituting '$11,715'. 10 Travelling allowances payable to holders of certain offices Section 6 of the Principal Act is amended: (a) by omitting from sub-subparagraph (4)(a)(i)(A) '$140' and substituting '$145'; and (b) by omitting from sub-subparagraph (4)(a)(i)(B) '$105' and substituting '$110'. 11 Travelling allowances payable to members of the Inter-State Commission Section 6A of the Principal Act is amended: (a) by omitting from subparagraphs (2)(a)(i) and (b)(i) '$95' and substituting '$100'; (b) by omitting from subparagraph (2)(a)(ii) '$140' and substituting '$145'; (c) by omitting from subparagraph (2)(a)(iii) '$105' and substituting '$110'; (d) by omitting from subparagraph (2)(b)(ii) '$110' and substituting '$115'; and (e) by omitting from subparagraph (2)(b)(iii) '$85' and substituting '$89'. 12 Allowance payable to Solicitor-General (1) Section 7 of the Principal Act is amended by omitting from subsection (1) 'at the rate of $10,640 per annum' and substituting 'at such rate as is determined by the Remuneration Tribunal'. (2) If no determination made after the commencement of this section by the Remuneration Tribunal is in force for the purposes of subsection 7(1) of the Principal Act as amended by this Act, the rate of the allowance payable by virtue of that subsection shall be $11,715 per annum. 13 Schedule The Schedule to the Principal Act is repealed and the following Schedule is substituted: 'Schedule Subsection 3(1) Column 1 Column 2 Column 3 Rate per annum of expenses of office allowance Rate per annum of salary $ $ PART I Chief Justice of the High Court ............... 122,883 6,191 Justice (other than Chief Justice) of the High Court .. 111,652 5,569 PART II Chief Judge of the Federal Court of Australia ...... 103,064 5,569 Chief Justice of the Supreme Court of the Australian Capital Territory 97,117 5,569 Chief Judge of the Family Court of Australia ...... 94,476 5,569 Chairman of the Commonwealth Grants Commission . 94,476 5,569 Judge (other than the Chief Judge) of the Federal Court of Australia 94,476 4,953 Judge (other than the Chief Justice) of the Supreme Court of the Australian Capital Territory 94,476 4,953 President of the Inter-State Commission ......... 94,476 4,953 Senior Judge of the Family Court of Australia ...... 85,028 4,332 Judge (other than the Chief Judge or a Senior Judge) of the Family Court of Australia 80,304 4,332'. Part IV—Miscellaneous 14 Exclusion of subsection 7(8) of the Remuneration Tribunals Act 1973 Subsection 7(8) of the Remuneration Tribunals Act 1973 does not apply in relation to a determination of the Remuneration Tribunal referred to in section 3 or 4 of this Act or in relation to such a determination as modified by this Act. 15 Recovery of overpayments (1) Where: (a) a person has been paid an amount by way of: (i) parliamentary salary; or (ii) parliamentary superannuation benefit; and (b) the amount so paid exceeds the amount that the person would have been entitled to be paid if Part II had been enacted, and had come into operation, on 1 July 1986; the person is liable to pay to the Commonwealth the amount of the excess. (2) Where a person is liable to pay an amount to the Commonwealth under subsection (1): (a) the amount may be recovered, as a debt due to the Commonwealth, by action in a court of competent jurisdiction; and (b) the amount may be deducted from any other amount that is payable to the person by way of parliamentary salary or parliamentary superannuation benefit, as the case requires. (3) In this section: parliamentary salary means an allowance paid to a member of the Parliament, being: (a) an allowance of the kind referred to as basic salary in paragraph 1 of Determination No. 8 of 1986 of the Remuneration Tribunal dated 6 June 1986; or (b) an allowance of the kind referred to as additional salary in paragraph 1 of Determination No. 7 of 1986 of the Remuneration Tribunal dated 6 June 1986. parliamentary superannuation benefit means a retiring allowance, annuity or other benefit payable under the Parliamentary Contributory Superannuation Act 1948.