2001
2001
2003-07-22
act
publicspecial
act.reprint
allinforce
2001-10-23
2003-07-22
act-2003-040
none
act-2001-097
a9c889df-a0bb-4c28-b15b-7bb94705b98e
91db2ead-32ef-4179-bb59-6ed9d0e85b38
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2003
No 40, Sch 3 with effect from 22.7.2003.
An Act to amend the Statutory and Other Offices Remuneration Act
1975 to make further provision with respect to the
remuneration and allowances payable to the holders of certain public
offices.
1Name of
Act
This Act is the Statutory and
Other Offices Remuneration Amendment Act
2001.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Statutory and Other Offices Remuneration Act
1975 (1976 No 4)
The Statutory and
Other Offices Remuneration Act 1975 is amended as set out
in Schedule 1.
Schedule 1Amendments
(Section 3)
[1]Section 10A
Definitions
Insert the following after “subsistence
allowance” in the definition of allowance:
, but includes a travelling or subsistence
allowance for travel within Australia by the holder of an office specified in
Schedule 1 who is:
(a)
a Judge or Acting Judge of a court,
or
(b)
any other judicial officer (within the meaning of
the Judicial Officers Act 1986) nominated by
the Minister by notice in writing to the Tribunal for the purposes of this
definition
[2]Section
11B
Insert after section 11A:
11BSalary sacrifice for motor
vehicles and superannuation for office holders not subject to section
11A
(1)
This section applies to office holders other than
office holders to whom section 11A applies.
(2)
The employment benefits that an office holder may
be provided with under this section are either or both of the
following:
(a)
the provision of a motor vehicle for private use
by the office holder,
(b)
the payment, on behalf of the office holder, of
employee contributions to a superannuation scheme (except in the case of an
office holder to whom the Judges’ Pensions Act
1953 applies).
(3)
An office holder to whom this section applies is
entitled to be provided with any such employment benefit if:
(a)
the office holder elects by notice in writing to
the Minister to be provided with that employment benefit,
and
(b)
the Minister approves of the provision of that
employment benefit, and
(c)
the salary otherwise payable to the office holder
under section 11 is reduced by the cost of that employment benefit (being the
cost determined under Division 4 of Part 2A of the Public
Sector Management Act 1988 of a similar employment benefit
under that Division).
(4)
An election referred to in subsection (3) (a)
may, with the approval of the Minister, be revoked at any
time.
(5)
This section has effect despite anything to the
contrary in this Part.
[3]Section 13 Annual
determinations
Omit “not earlier than 1 July and not later
than 31 August in each year”.
Insert instead “in each
year”.
[4]Section 18 Tribunal’s
reports
Omit “not earlier than 1 July and not later
than 31 August in each year” from section 18 (2).
Insert instead “in each
year”.
[5]Section 24C Annual
determinations
Omit “not earlier than 1 July and not later
than 31 August in each year”.
Insert instead “in each
year”.
[6]Section 24H Tribunal’s
reports
Omit “not earlier than 1 July and not later
than 31 August in each year” from section 24H (2).
Insert instead “in each
year”.
[7]Schedule
6
Omit the Schedule. Insert instead:
Schedule 6Savings, transitional and
other provisions
(Section 30)
1Regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of the following
Acts:
Statutory and
Other Offices Remuneration Amendment Act
2001
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to the Act concerned or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
2Travelling allowances for
judicial officers before publication of first report
(1)
In this clause:
the 2001
amendment means the amendment made by the Statutory and Other Offices Remuneration Amendment Act
2001 to the definition of allowance in section
10A.
(2)
An office holder is, for the period:
(a)
commencing on and including the date of
commencement of the 2001 amendment, and
(b)
ending on and including the day preceding the
date of operation of the first determination made under this Act of the
travelling or subsistence allowance payable to the office holder for travel
within Australia,
entitled to be paid the travelling or subsistence
allowance for travel within Australia that the office holder would have been
entitled to be paid if the 2001 amendment had not been made, subject to any
adjustment necessary because of the making of the
determination.
Historical
notes
Table of amending
instruments
Statutory and
Other Offices Remuneration Amendment Act 2001 No 97.
Minister’s second reading speech made: Legislative Assembly, 23.10.2001;
Legislative Council, 4.12.2001. Assented to 11.12.2001. Date of commencement,
1.1.2002, sec 2 and GG No 196 of 21.12.2001, p 10447.