Judicial and Statutory Officers (Remuneration and Allowances) Amendment Act 1985

No. 199 of 1985

An Act to amend the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

[Assented to 16 December 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Judicial and Statutory Officers (Remuneration and Allowances) Amendment Act 1985.

(2) The Judicial and Statutory Officers (Remuneration and Allowances) Act 19841 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall be deemed to have come into operation on 1 July 1985.

Salaries and expenses of office allowances

3. Section 3 of the Principal Act is amended—

(a) by omitting from paragraph (1) (a) “1 July 1984 and before 1 January 1985” and substituting “1 July 1985 and before 14 November 1985”;

(b) by omitting from paragraph (1) (b) “1 January” and substituting “14 November”;

(c) by omitting from sub-section (2) “2 or”;

(d) by omitting from sub-sections (5) and (6) “540” and substituting “564”;

(e) by omitting from sub-section (6) all the words from and including “of—” to and including “Commission,” and substituting “of President of the Administrative Appeals Tribunal or President of the Trade Practices Tribunal”; and

(f) by omitting paragraphs (8) (a) and (b) and substituting the following paragraphs:

“(a) shall be paid salary at the rate from time to time payable to the holder of an office in the Senior Executive Service of the Australian Public Service that has a classification of Senior Executive Level 6; and

(b) shall be paid an expenses of office allowance at the rate of $1,984 per annum.”.

Travelling allowances payable to Justices of the High Court

4. Section 4 of the Principal Act is amended—

(a) by omitting from sub-paragraph (4) (a) (i) “140” and “100” and substituting “155” and “110”, respectively; and

(b) by inserting after sub-section (4) the following sub-section:

“(4a) Where—

(a) a person who holds a judicial office to which this section applies travels within Australia and the external Territories in circumstances that involve an overnight stay in respect of which an allowance is payable under the preceding provisions of this section;

(b) the spouse of the person accompanies the person during that overnight stay; and

(c) the cost of the travel of the spouse is borne by the Commonwealth,

the allowance otherwise payable to the person for the overnight stay is increased by—

(d) in a case to which paragraph (e) does not apply—$10; or

(e) if the person establishes that the cost of accommodation (excluding the cost of meals) of the person and the spouse in respect of the overnight stay exceeded the amount that would have been the cost of accommodation (excluding the cost of meals) of the person alone in respect of the overnight stay at the same hotel, motel or other accommodation establishment and at the same standard of accommodation—the amount of the excess.”.

Additional allowance payable to certain Justices of the High Court

5. Section 5 of the Principal Act is amended by omitting from sub-section (1) “9,900” and substituting “10,640”.

Travelling allowances payable to holders of certain offices

6. Section 6 of the Principal Act is amended—

(a) by inserting “other than the office of President of the Inter-State Commission” in sub-sections (3) and (5) after “any other office held by the person”;

(b) by omitting from sub-paragraph (4) (a) (i) “125” and “95” and substituting “140” and “105”, respectively; and

(c) by inserting after sub-section (4) the following sub-section:

“(4a) Where—

(a) a person who holds an office to which this section applies travels within Australia and the external Territories in circumstances that involve an overnight stay in respect of which an allowance is payable under the preceding provisions of this section;

(b) the spouse of the person accompanies the person during that overnight stay; and

(c) the cost of the travel of the spouse is borne by the Commonwealth,

the allowance otherwise payable to the person for the overnight stay is increased by—

(d) in a case to which paragraph (e) does not apply—$10; or

(e) if the person establishes that the cost of accommodation (excluding the cost of meals) of the person and the spouse in respect of the overnight stay exceeded the amount that would have been the cost of accommodation (excluding the cost of meals) of the person alone in respect of the overnight stay at the same hotel, motel or other accommodation establishment and at the same standard of accommodation— the amount of the excess.”.

7. After section 6 of the Principal Act the following section is inserted:

Travelling allowances payable to members of the Inter-State Commission

“6a. (1) There is payable to a member of the Inter-State Commission, in respect of the member’s expenses of travel in the course of the performance of the member’s duties, an allowance at the rates ascertained in accordance with this section.

“(2) In respect of travel within Australia and the external Territories, where the member is absent overnight from the member’s ordinary place of residence, the rates of the allowance are—

(a) in respect of the President—

(i) for each overnight stay in Canberra—$95;

(ii) for each overnight stay in any other capital city—$140; or

(iii) for any other overnight stay—$105; or

(b) in respect of a member other than the President—

(i) for each overnight stay in Canberra—$95;

(ii) for each overnight stay in any other capital city—$110; or

(iii) for any other overnight stay—$85.

“(3) In respect of travel outside Australia and the external Territories, the rates of the allowance are—

(a) in respect of the President—the same rates as would be applicable to the holders of offices referred to in paragraph (a) of the definition of ‘office of Secretary’ in sub-section 7 (1) of the Public Service Act 1922 in respect of the expenses of similar travel in the performance of their duties; or

(b) in respect of a member other than the President—the same rates as would be applicable to the holders of offices in the Senior Executive Service of the Australian Public Service in respect of the expenses of similar travel in the performance of their duties.

“(4) This section has effect notwithstanding sub-section 19 (2) of the Inter-State Commission Act 1975.”.

Allowance payable to Solicitor-General

8. Section 7 of the Principal Act is amended—

(a) by omitting from sub-section (1) “On and after 1 January 1985, there” and substituting “There”; and

(b) by omitting from sub-section (1) “at such rate as is determined by the Remuneration Tribunal” and substituting “at the rate of $10,640 per annum”.

Schedule

9. The Schedule to the Principal Act is repealed and the following Schedule is substituted:

SCHEDULE  Sub-section 3 (1)

NOTE

1. No. 104, 1984, as amended. For previous amendment, see No. 65, 1985.

[Minister’s second reading speech made in—

House of Representatives on 13 November 1985

Senate on 2 December 1985]