Remuneration Authority Act 1977

12 Functions of Authority

(1)

The functions of the Authority shall be—

(a)

to consider and determine the following matters:

(i)

the salaries and allowances of members of the House of Representatives, being the salaries and allowances required to be fixed by the Authority pursuant to the Members of Parliament (Remuneration and Services) Act 2013:

(ii)
[Repealed]

(iii)
[Repealed]

(iv)
[Repealed]

(v)

the remuneration of the officers specified in Schedule 4:

(va)

remuneration in accordance with section 47(1)(b) of the Crown Entities Act 2004:

(vi)
[Repealed]

(b)

to consider and make determinations with respect to the superannuation rights and obligations of the members of the House of Representatives who are contributors under Part 6 of the Government Superannuation Fund Act 1956, being rights fixed at the commencement of this Act by that Part and other provisions of that Act:

(ba)

to consider and make determinations with respect to the superannuation rights and obligations of those members of the House of Representatives who are not contributors under Part 6 of the Government Superannuation Fund Act 1956:

(bb)

to determine issues about how any provision of a determination is to be interpreted or applied or is to operate:

(c)

to carry out such other functions as may be conferred or imposed on it by this Act or any other enactment.

(2)

In carrying out its functions under subsection (1)(a), the Authority may fix scales of salaries and scales of allowances or ranges of rates of remuneration or alternative forms of remuneration within a remuneration package for any position, and may prescribe rules governing the application of any such scales of salaries or allowances, or ranges of rates of remuneration, or alternative forms of remuneration within a remuneration package fixed by it.

(2A)

The Authority shall, in making a determination under subsection (1)(ba), determine—

(a)

the maximum amount that in any year may be paid by way of superannuation subsidy (which amount must be the same for all members but which may be expressed as a specified monetary amount or as a percentage of an ordinary member’s salary as the Authority determines) in respect of those members of the House of Representatives who choose to contribute to any retirement scheme; and

(b)

the contribution that the member must make to that retirement scheme in order to be entitled to any of the subsidy referred to in paragraph (a), expressed as a ratio of the subsidy to the member’s contribution.

(2AB)

For the avoidance of doubt, the superannuation subsidy may only be paid in accordance with subsection (2A)(a) if a member makes a contribution in the actual year to which the subsidy relates, and a member may not, in any year, make a lump sum payment of contributions in respect of past years and claim an entitlement to a subsidy in respect of the contributions paid in that year that relates to past years.

(2B)

For the avoidance of doubt, it is hereby declared that the Crown’s liability to any retirement scheme to which a member referred to in subsection (1)(ba) chooses to contribute shall be limited to payment of such subsidy as may be determined pursuant to subsection (2A).

(2C)

[Repealed]

(3)

Except as provided in this Act, where the remuneration due to any person is fixed under this Act, no amount in excess of the remuneration so fixed for the time being shall be granted to any person on account of that remuneration.

Section 12: replaced, on 1 April 1988, by section 4 of the Higher Salaries Commission Amendment Act 1988 (1988 No 24).

Section 12 heading: amended, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12(1): amended, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12(1)(a)(i): amended, on 16 December 2013, by section 60(1) of the Members of Parliament (Remuneration and Services) Act 2013 (2013 No 93).

Section 12(1)(a)(i): amended, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12(1)(a)(ii): repealed, on 8 December 2009, by section 6 of the Remuneration Authority Amendment Act 2009 (2009 No 65).

Section 12(1)(a)(iii): repealed, on 19 December 1989, by section 32(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 12(1)(a)(iv): repealed, on 1 November 1989, by section 2(1) of the Higher Salaries Commission Amendment Act 1989 (1989 No 35).

Section 12(1)(a)(va): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 12(1)(a)(vi): repealed, on 19 December 1989, by section 32(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 12(1)(b): replaced, on 1 July 1992, by section 2(1) of the Higher Salaries Commission Amendment Act 1992 (1992 No 66).

Section 12(1)(ba): replaced, on 1 October 1995, by section 32(1) of the Government Superannuation Fund Amendment Act 1995 (1995 No 28).

Section 12(1)(bb): inserted, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12(2): amended, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12(2A): inserted, on 1 July 1992, by section 2(2) of the Higher Salaries Commission Amendment Act 1992 (1992 No 66).

Section 12(2A): amended, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12(2A)(a): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 12(2A)(a): amended, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12(2A)(b): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 12(2AB): inserted, on 16 December 2013, by section 60(2) of the Members of Parliament (Remuneration and Services) Act 2013 (2013 No 93).

Section 12(2B): inserted, on 1 July 1992, by section 2(2) of the Higher Salaries Commission Amendment Act 1992 (1992 No 66).

Section 12(2B): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 12(2C): repealed, on 20 December 2019, by section 4 of the Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 (2019 No 83).