[pic] Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976 Statutory Rules 1976 No. 104 as amended made under the Remuneration Tribunal Act 1973 This compilation was prepared on 1 July 2011 taking into account amendments up to SLI 2011 No. 120 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Name of Regulations [see Note 1] 3 3 Interpretation 3 4 Offices declared for the purposes of paragraph 3 (4) (ra) of the Act to be principal executive offices 3 4A Principal executive offices and corresponding employing bodies (Act s 3) 3 5 Prescribed offices and appointments for the purposes of paragraph 3 (4) (v) of the Act 3 6 Part-time offices held by full-time officers 4 7 Remuneration of certain persons holding more than one office 8 Schedule 1 Principal executive offices 9 Schedule 1A Principal executive offices and corresponding employing bodies 10 Schedule 2 Part-time offices 13 Schedule 3 Part-time offices under the Aboriginal and Torres Strait Islander Commission Act 1989 14 Notes 15 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). Schedule 1 Principal executive offices (regulation 4) |Column 1 |Column 2 |Column 3 | |Item |Body or agency |Principal executive | | | |office | |1A |Australia Post |Managing Director | |1 |Australian Industry |Managing Director | | |Development Corporation| | |2 |ANL Limited |Chief Executive Officer| |3 |Australian National |Managing Director | | |Railways Commission | | |3A |Australian Rail Track |Chief Executive Officer| | |Corporation | | |4 |Civil Aviation Safety |Director of Aviation | | |Authority |Safety | |5 |Commonwealth Funds |Chief Executive Officer| | |Management Limited | | |7 |Export Finance and |Managing Director | | |Insurance Corporation | | |8 |Federal Airports |Chief Executive Officer| | |Corporation | | |9 |Health Services |Chief Executive Officer| | |Australia Limited | | |10 |Housing Loans Insurance|Managing Director | | |Commission | | |11 |Medibank Private |Managing Director | | |Limited | | |12 |Public Employment |Managing Director | | |Placement Enterprise | | | |Limited | | |13 |Reserve Bank |Governor | |14 |Reserve Bank |Deputy Governor | |15 |Sydney Airports |Chief Executive Officer| | |Corporation Ltd | | Schedule 1A Principal executive offices and corresponding employing bodies (regulation 4A) |Item |Principal executive |Employing body | | |office | | |1 |Director, Australian |Board of Australian | | |Centre for International|Centre for International| | |Agricultural Research |Agricultural Research | |2 |Director, Australian |Minister for Family and | | |Institute of Family |Community Services | | |Studies | | |3 |Deputy Managing |Board of Austrade | | |Director, Austrade | | |4 |Director of Equal |Minister for Employment,| | |Employment Opportunity |Workplace Relations and | | |for Women in the |Small Business | | |Workforce | | |5 |Chief Executive Officer,|Minister for Employment,| | |Comcare |Workplace Relations and | | | |Small Business | |6 |Chief Executive Officer,|Minister for Employment,| | |National Occupational |Workplace Relations and | | |Health and Safety |Small Business | | |Commission | | |7 |Director, National |Minister for Employment,| | |Industrial Chemicals |Workplace Relations and | | |Notification and |Small Business | | |Assessment Scheme | | |8 |Australian Industrial |Minister for Employment,| | |Registrar |Workplace Relations and | | | |Small Business | |9 |Employment Advocate |Minister for Employment,| | | |Workplace Relations and | | | |Small Business | |10 |Deputy Electoral |Australian Electoral | | |Commissioner |Commission | |11 |Australian Electoral |Australian Electoral | | |Officer for New South |Commission | | |Wales | | |12 |Australian Electoral |Australian Electoral | | |Officer for Victoria |Commission | |13 |Australian Electoral |Australian Electoral | | |Officer for Queensland |Commission | |14 |Australian Electoral |Australian Electoral | | |Officer for South |Commission | | |Australia | | |15 |Australian Electoral |Australian Electoral | | |Officer for Western |Commission | | |Australia | | |16 |Australian Electoral |Australian Electoral | | |Officer for Tasmania |Commission | |17 |Australian Electoral |Australian Electoral | | |Officer for the Northern|Commission | | |Territory | | |18 |Commissioner for |Minister for Finance and| | |Superannuation |Administration | |19 |Deputy Chair, |Chair, Productivity | | |Productivity Commission |Commission | |20 |Full-time Commissioner, |Chair, Productivity | | |Productivity Commission |Commission | |21 |Part-time Commissioner, |Chair, Productivity | | |Productivity Commission |Commission | |22 |Full-time Associate |Chair, Productivity | | |Commissioner, |Commission | | |Productivity Commission | | |23 |Second Commissioner of |Commissioner of Taxation| | |Taxation | | |24 |Director of the |Minister for Veterans' | | |Australian War Memorial |Affairs | |25 |Director, Office of |Minister for Veterans' | | |Australian War Graves |Affairs | |26 |Executive Officer, |Minister for the | | |National Environment |Environment and Heritage| | |Protection Council |on behalf of the | | |Service Corporation |National Environment | | | |Protection Council | |27 |Chair, Great Barrier |Minister for the | | |Reef Marine Park |Environment and Heritage| | |Authority | | |28 |Director, National Parks|Minister for the | | | |Environment and Heritage| |29 |Chief Executive Officer,|National Registration | | |National Registration |Authority | | |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) (b) 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 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. Table of Instruments |Year and |Date of |Date of |Application,| |number |notification |commencement |saving or | | | | |transitional| | |in Gazette or| |provisions | | |FRLI | | | | |registration | | | |1976 No. 104|6 June 1976 |R. 6: 1 Mar 1975| | | | | | | | | |Remainder: 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 1980|- | | | | | | | | |Remainder: | | | | |17 Sept 1980 | | |1981 No. 39 |20 Mar 1981 |R. 3: 12 June |- | | | |1979 | | | | |Remainder: 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 |- | | | |1982 | | | | |Remainder: 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 |- | | | |1989 | | | | |Remainder: 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 |- | | | |1990 | | | | |Remainder: 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. 2 | | | |r. 1.1 and | | | | |Gazette 1993, | | | | |No. GN17) | | |1993 No. 231|25 Aug 1993 |3 Apr 1993 |- | |1993 No. 331|10 Dec 1993 |9 Nov 1993 (see |R. 3 | | | |r. 1 and Gazette| | | | |1993, No. S334) | | |1994 No. 67 |22 Mar 1994 |22 Mar 1994 |- | |1994 No. 118|3 May 1994 |3 May 1994 |- | |1994 No. 134|17 May 1994 |17 May 1994 |- | |1994 No. 184|16 June 1994 |3 June 1994 |Rr. 1.2 and | | | | |1.3 | |1994 No. 360|26 Oct 1994 |26 Oct 1994 |- | |1994 No. 466|30 Dec 1994 |3 Jan 1995 |- | |1996 No. 36 |4 Apr 1996 |4 Apr 1996 |- | |1997 No. 291|8 Oct 1997 |1 July 1997 |- | |1997 No. 418|24 Dec 1997 |24 Dec 1997 |- | |1998 No. 10 |11 Feb 1998 |11 Feb 1998 |- | |1998 No. 307|19 Nov 1998 |19 Nov 1998 |- | |2000 No. 334|13 Dec 2000 |13 Dec 2000 |- | |2001 No. 59 |5 Apr 2001 |5 Apr 2001 |- | |2005 No. 290|5 Dec 2005 |6 Dec 2005 |- | | |(see | | | | |F2005L03864) | | | |2007 No. 31 |6 Mar 2007 |7 June 2007 (see|- | | |(see |r. 2) | | | |F2007L00554) | | | |2007 No. 277|19 Sept 2007 |20 Sept 2007 |- | | |(see | | | | |F2007L03751) | | | |2009 No. 339|26 Nov 2009 |27 Nov 2007 |- | | |(see | | | | |F2009L04347) | | | |2011 No. 120|30 June 2011 |1 July 2011 |- | | |(see | | | | |F2011L01364) | | | Table of Amendments |ad. = added or inserted am. = amended rep. =| |repealed rs. = repealed and substituted | |Provision affected|How affected | |R. 1 |am. 1989 No. 91 | | |rs. 2000 No. 334 | |R. 2 |rep. 1984 No. 204 | |R. 3 |rs. 1977 No. 229 | | |am. 1980 No. 139 | |R. 4 |rs. 1977 No. 229 | | |am. 1981 No. 39 | | |rep. 1984 No. 204 | | |ad. 1988 No. 387 | |R. 4A |ad. 2000 No. 334 | |R. 5 |rs. 1977 No. 1; 1980 No. 270 | | |am. 1981 No. 39; 1985 No. 188; 1988 | | |No. 319; 1989 | | |No. 146; 1990 No. 439; 1992 No. 28; | | |1994 Nos. 67, 134, 360 and 466; 2005 | | |No. 290; 2007 Nos. 31 and 277; 2009 | | |No. 339 | |R. 6 |rs. 1984 No. 204 | | |am. 1985 Nos. 188 and 239; 1986 Nos. | | |138 and 158; 1988 Nos. 320, 355 and | | |387; 1989 No. 224; 1990 No. 471; 1991| | |No. 44; 1992 No. 98; 1994 No. 118; | | |1996 No. 36 | |R. 7 |ad. 1976 No. 285 | | |rs. 1980 No. 139 | | |am. 1982 No. 207 | | |rep. 1984 No. 204 | | |ad. 1989 No. 335 | | |am. 1993 No. 231 | |R. 8 |ad. 1976 No. 285 | | |rep. 1984 No. 204 | |R. 9 |ad. 1978 No. 57 | | |am. 1981 No. 39 | | |rep. 1984 No. 204 | |R. 10 |ad. 1979 No. 60 | | |rs. 1982 No. 101 | | |rep. 1984 No. 204 | |R. 11 |ad. 1981 No. 124 | | |rep. 1984 No. 204 | |R. 12 |ad. 1981 No. 140 | | |rep. 1984 No. 204 | |R. 13 |ad. 1981 No. 214 | | |am. 1982 No. 187 | | |rep. 1984 No. 204 | |R. 15 |am. 1988 No. 319 | |Schedule 1 | | |Schedule 1 |ad. 1988 No. 387 | | |am. 1988 No. 387; 1989 No. 91 | | |rs. 1989 No. 342 | | |am. 1990 No. 230; 1991 No. 164; 1992 | | |No. 28; 1993 Nos. 62 and 331; 1994 | | |Nos. 118 and 184 | | |rs. 1997 No. 291 | | |am. 1997 No. 418; 1998 Nos. 10 and | | |307; 2011 No. 120 | |Schedule 1A | | |Schedule 1A |ad. 2000 No. 334 | | |am. 2001 No. 59 | |Heading to |rep. 1988 No. 387 | |Schedule | | |Schedule 2 | | |Heading to |ad. 1988 No. 387 | |Schedule 2 | | |Schedule |ad. 1984 No. 204 | | |am. 1984 No. 475; 1986 No. 138 | |Schedule 2 |am. 1989 No. 224 | | |rs. 1991 No. 44 | | |am. 1991 No. 324 | |Schedule 3 | | |Schedule 3 |ad. 1991 No. 44 |