Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT)1992 NO. 28

Statutory Rules 1992 No. 28

Issued by the Authority of the Minister for Industrial Relations

Remuneration Tribunal Act 1973

Remuneration Tribunal (miscellaneous Provisions) Regulations (Amendment)

Section 13 of the Remuneration Tribunal Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Paragraph 3(4)(v) of the Act provides for the exclusion of an office or appointment, or class of offices or appointments, prescribed in the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) from the jurisdiction of the Remuneration Tribunal (the Tribunal). These offices or appointments, or classes of offices or appointments, are listed at regulation 5 of the Regulations.

Subsection 5(2) of the Act provides that an additional function of the Tribunal is to provide advice to public statutory corporations, government business enterprises and other employing bodies in relation to their terms and conditions, including remuneration and allowances, which apply to their principal executive offices.

"Principal executive office" is defined in subsection 3(1) of the Act to mean "an office or appointment declared by the regulations made for the purposes of paragraph (4)(ra) to be a principal executive office". Such principal executive offices are listed in Schedule 1 to the Regulations.

The Export Finance and Insurance Corporation Act 1991 (the EFIC Act) commenced operation on 1 November 1991. Subsection 71(3) of the EFIC Act provides that the Minister, after receiving a recommendation from the EFIC Board, may appoint a Deputy Managing Director. Consistent with remuneration arrangements in other Government Business Enterprises,, amending regulation 2 provides for the exclusion of the office of the Deputy Managing Director of the EFIC from the jurisdiction of the Tribunal.

Amending subregulation 3.1 provides for the omission of the offices of Managing Director and Deputy Managing Director of the Commonwealth Banking Corporation. This amendment has been agreed to by Cabinet.

The Commonwealth Serum Laboratories Commission was converted into a public company, Commonwealth Serum Laboratories Limited, on the enactment of the Commonwealth Serum Laboratories (Conversion into Public Company) Act 1990. Amending subregulation 3.2 provides for the omission of the office of the managing Director of the Commonwealth Serum Laboratories Commission and its replacement with the position of Chief Executive of the Commonwealth Serum Laboratories Limited. This amendment to Schedule 1 is consistent with the change in the organisation's name and status.