This legislation has been repealed.
[This Act commenced on 20 October 2004 and was repealed by the ASSEMBLY MEMBERS AND STATUTORY OFFICERS (REMUNERATION AND OTHER ENTITLEMENTS) ACT 2006, NO. 7 which commenced on the 26 April 2006.]
NORTHERN TERRITORY OF AUSTRALIA
REMUNERATION TRIBUNAL ACT
As in force at 20 October 2004
TABLE OF PROVISIONS
Section
PART I – PRELIMINARY
1. Short title
2. Commencement
3. Repeal
4. Savings
5. Definitions
PART II – REMUNERATION TRIBUNAL
6. Establishment of Remuneration Tribunal
7. Members, Chairman of Tribunal
8. Resignation
9. Powers in relation to member of Legislative Assembly, &c.
9A. Basic salary payable to members of Legislative Assembly
9B. Powers in relation to Magistrates
10. Powers in relation to other persons
11. Extent of inquiry
12. Conduct of inquiry
PART III – MISCELLANEOUS
13. Assistance to Tribunal
14. Interim orders
SCHEDULE
Notes
Table of Amendments
NORTHERN TERRITORY OFAUSTRALIA
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This reprint shows the Act as in force at 20 October 2004. Any amendments that may come into operation after that date are not included.
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REMUNERATION TRIBUNAL ACT
An Act to establish a tribunal in relation to the remuneration, allowances and entitlements payable to certain persons, and for other purposes
PART I – PRELIMINARY
This Act may be cited as the Remuneration Tribunal Act. (See back note 1)
This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. (See back note 1)
The Acts specified in the Schedule are repealed.
Notwithstanding the repeal effected by section 3, a determination made under the Legislative Assembly (Remuneration, Allowances and Entitlements) Act and in force immediately before the commencement of this Act, shall continue in force as if made under this Act.
In this Act, unless the contrary intention appears –
"inquiry" means an inquiry conducted by the Tribunal under section 9(1), 9B(2) or 10(1);
"member" means a member of the Tribunal;
"Tribunal" means the Remuneration Tribunal established by section 6(1).
PART II – REMUNERATION TRIBUNAL
(1) There is hereby established a Tribunal to be known as the Remuneration Tribunal.
(2) The Tribunal shall consist of not more than 3 members appointed by the Administrator.
(3) A member shall hold office for such period as is specified in the instrument of his appointment or, if no such period is specified, at the pleasure of the Administrator.
(1) The Tribunal may be constituted by the appointment of one member.
(2) Where, in pursuance of section 6(2), more than one member is appointed, the Administrator shall appoint one member to be the Chairman of the Tribunal.
(3) The Chairman shall preside at all meetings of the Tribunal.
A member may resign his office by writing under his hand delivered to the Administrator.
(1) The Administrator may, by notice in writing, request the Tribunal to, or from time to time to –
(a) inquire into and report with recommendations on; or
(b) inquire into and determine,
the remuneration and allowances to be paid, and the other entitlements to be granted, to persons in respect of their services as –
(c) members of the Legislative Assembly (other than the basic salary, within the meaning of section 9A, of such members);
(d) members of the Executive Council; or
(e) Ministers of the Territory,
and, the Tribunal shall carry out the inquiry and make the report or determination accordingly.
(2) A report or determination made under subsection (1) shall be tabled in the Legislative Assembly within 6 sitting days next following the receipt of the report or determination by the Administrator.
(3) Subject to subsection (4), a determination shall come into operation, or shall be deemed to have come into operation, on such date as the Tribunal specifies in the determination.
(4) Where the Legislative Assembly, within 10 sitting days after the tabling of a determination made by the Tribunal under subsection (1), passes a resolution disapproving the determination or any part of the determination, the determination or that part of the determination disapproved of, shall not come into operation or, if the determination is in operation, the determination or that part shall not have any force or effect on and from the day on which the resolution is passed.
(5) The passing of a resolution in accordance with subsection (4) shall have the effect, where the resolution relates to a determination or part of a determination which has come into operation, of reviving, on and from the date of the resolution, the determination or the relevant part of the determination, as the case may be, in force immediately before the coming into operation of the determination or the part of the determination disapproved of.
9A. Basic salary payable to members of Legislative Assembly
Notwithstanding this or any other Act, a member of the Legislative Assembly shall be paid a basic salary at an annual rate equal to the amount of the annual allowance by way of salary from time to time payable under the law of the Commonwealth to a Member of the House of Representatives who is not entitled to any additional salary, less $3,000.
9B. Powers in relation to Magistrates
(1) This section applies subject to section 6(2) of the Magistrates Act.
(2) At least once in each year, the Tribunal must inquire into and determine the salary, allowances and other benefits that persons are entitled to receive in respect of their services as Magistrates appointed under section 4(3) of the Magistrates Act.
(3) Section 9(2) to (5) (inclusive) applies as if references to a determination were references to a determination under subsection (2).
(1) The Administrator may, by notice in writing, request the Tribunal to, or from time to time to, inquire into and report with recommendations on the remuneration and allowances to be paid to a person or class of persons, and the other entitlements to be granted in respect of services by that person or class of persons and the Tribunal shall carry out that inquiry and make the report accordingly.
(2) A request under subsection (1) shall name the person or class of persons or otherwise identify the class of persons, to whom the report is to relate.
(3) A report shall be tabled in the Legislative Assembly within 6 sitting days next following the receipt of the report by the Administrator.
Where the Tribunal carries out an inquiry the Tribunal may also inquire into and report on or determine, as the case may be, any matter that is, or is considered by it to be, related to the remuneration, salary, allowances, entitlements or benefits the subject of the inquiry.
In relation to an inquiry, the Tribunal –
(a) may inform itself in such manner as it thinks fit;
(b) may receive written or oral statements;
(c) is not required to conduct its proceedings in a formal manner; and
(d) is not bound by the rules of evidence.
PART III – MISCELLANEOUS
The Minister may, if he thinks fit, appoint an employee, as defined in the Public Sector Employment and Management Act, to assist the Tribunal in any inquiry.
(1) Where no determination has been made or deemed to have been made under this Act, or a determination that has been made or deemed to have been made under this Act, makes no provision for or in relation to a particular allowance or entitlement, the Minister may make an interim order, relating only to that allowance or entitlement, determining that that allowance shall be paid to persons or that that entitlement shall be granted to persons, in respect of their services as –
(a) members of the Legislative Assembly;
(b) members of the Executive Council; or
(c) Ministers of the Territory.
(2) An interim order made under subsection (1) ceases to have effect upon the coming into operation of a determination made under section 9(1)(b), being a determination that makes provision for or in relation to the allowance or entitlement provided by the interim order.
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SCHEDULE
Section 3
ACTS REPEALED
Legislative Assembly (Remuneration, Allowances and
Entitlements) Act 1978 (No. 103 of 1978)
Legislative Assembly (Remuneration, Allowances and
Entitlements) Act (No. 2) 1978 (No. 118 of 1978)
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Notes
1. The Remuneration Tribunal Act comprises the Remuneration Tribunal Act 1981 and amendments made by other legislation, the details of which are specified in the following table:
Act
|
Number and
year
|
Date of assent by Administrator
|
Date of commencement
|
Remuneration Tribunal Act
1981
|
No. 28, 1981
|
25 Mar 1981
|
1 June 1981 (a)
|
Remuneration Tribunal Amendment Act
1985
|
No. 15, 1985
|
23 May 1985
|
23 May 1985
|
Statute Law Revision Act (No. 2)
1987
|
No. 59, 1987
|
31 Dec 1987
|
31 Dec 1987
|
Remuneration Tribunal Amendment Act
1991
|
No. 29, 1991
|
17 June 1991
|
1 July 1991 (b)
|
Public Sector Employment and Management
(Consequential Amendments) Act 1993
|
No. 28, 1993
|
30 June 1993
|
1 July 1993 (c)
|
Remuneration Tribunal Amendment Act
2004
|
No. 51, 2004
|
13 Sept 2004
|
20 Oct 2004 (d)
|
(a) See section 2 and Gazette S6, dated 1 June 1981.
(b) See section 2 and Gazette S35, dated 1 July 1991.
(c) See section 2, section 2 of the Public Sector Employment and Management Act 1993 and Gazette S53, dated 29 June 1993.
(d) See section 2 and Gazette G42, dated 20 October 2004, p. 2.
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Table of Amendments
Section
Long title Amended by No. 15, 1985, s. 3
9A. Inserted by No. 15, 1985, s. 5; repealed by N.T. Govt Gazette No. S37 of 8 May 1987; inserted by No. 29, 1991, s. 4
9B. Inserted by No. 51, 2004, s. 5
13. Amended by No. 28, 1993, s. 3
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