Remuneration Authority Act 1977

1: Short Title and commencement
1: This Act may be cited as the Remuneration Authority
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) this Act brought into force 14 February 1978 clause 2 Section 1(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
In this Act, unless the context otherwise requires,— allowance Authority section 4(1) Minister principal allowances
a: means allowances (not being travelling allowances or other incidental or minor allowances); and
b: to avoid doubt, in relation to any of the following Judges who does not have his or her primary place of residence in Wellington may, if the Remuneration Authority thinks fit, include an amount by way of an allowance for accommodation while that person is in Wellington:
i: a Judge of the Supreme Court:
ii: a Judge of the Court of Appeal:
iii: the Chief High Court Judge remuneration
a: salary, wages, and other payments, whether in the form of bonuses or otherwise, in return for services; and
b: benefits and other emoluments (whether in money or not) in return for services retirement scheme section 6(1) Section 2 replaced 29 October 1985 section 2(1) Higher Salaries Commission Amendment Act (No 2) 1985 Section 2 allowance inserted 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 2 Authority inserted 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 2 Commission repealed 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 2 health service repealed 1 April 1988 Higher Salaries Commission Amendment 1988 Section 2 junior dental officer repealed 1 April 1988 Higher Salaries Commission Amendment 1988 Section 2 principal allowances replaced 1 March 2017 section 4 Remuneration Authority Amendment Act 2016 Section 2 remuneration replaced 1 April 1988 Higher Salaries Commission Amendment 1988 Section 2 resident medical officer repealed 1 April 1988 Higher Salaries Commission Amendment 1988 Section 2 retirement scheme inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
3: Act to bind the Crown
This Act shall bind the Crown.
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA 2015-03-20 Parliamentary Salaries and Allowances Determination 2015 Clause 5 and Schedule 1 revoked and deemed not to have come into force — see cl 1(b) of the schedule Section 3A inserted 20 March 2015 section 4 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015
4: Establishment of
Remuneration Authority
1: There is hereby established an authority Remuneration Authority
2: The Authority Authority Wage Adjustment Regulations 1974 SR 1974/143 r 17(1) Section 4 heading amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 4(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 4(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
5: Membership of
Authority
1: The Authority
2: One member of the Authority Authority
3: The Authority Authority Authority
4: No member of the Authority Public Service Act 2020 Government Superannuation Fund Act 1956 Authority SR 1974/143 r 17(2), (3), (6) Section 5 heading amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 5(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 5(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 5(3) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 5(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 5(4) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
6: Term of office
1: Except as otherwise provided in this Act, every member of the Authority not exceeding 3 years
2: Unless he sooner vacates his office under section 7 Authority
3: SR 1974/143 r 17(4)–(5) Section 6(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 6(1) amended 16 December 1983 Higher Salaries Commission Amendment Act 1983 Section 6(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 6(3) repealed 16 December 1983 Higher Salaries Commission Amendment Act 1983
7: Extraordinary vacancies
1: Any member of the Authority inability to perform the functions of the office
2: Any member of the Authority
3: If any member of the Authority
4: An extraordinary vacancy shall be filled by the appointment of a member by the Governor-General by Order in Council.
5: Every person appointed to fill an extraordinary vacancy shall be appointed for the residue of the term for which the vacating member was appointed.
6: The powers of the Authority SR 1974/143 rr 17(4), 18 Section 7(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 7(1) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Section 7(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 7(3) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 7(6) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
8: Meetings
1: Meetings of the Authority Authority
2: At any meeting of the Authority
3: The Chairman shall preside at every meeting of the Authority
4: In the absence of the Chairman from any meeting, the Deputy Chairman shall preside at that meeting.
5: A decision of a majority of the members present at any meeting shall be the decision of the Authority
6: Subject to the provisions of this Act, the Authority
7: No decision or determination of the Authority Authority SR 1974/143 r 19 Section 8(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 8(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 8(3) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 8(5) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 8(6) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 8(7) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
9: Members and officers to maintain secrecy
1: Every member of the Authority Authority
2: Every person commits an offence and shall be liable on SR 1974/143 r 20 Section 9(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 9(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
10: Remuneration and travelling allowances
1: The Authority Fees and Travelling Allowances Act 1951
2: There shall be paid out of money appropriated by Parliament for the purpose to the members of the Authority Fees and Travelling Allowances Act 1951 SR 1974/143 r 21 Section 10(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 10(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
11: Staff of
Authority There shall from time to time be appointed by the chief executive of the Department of Labour such employees of the department as may be necessary to enable the Authority Section 11 replaced 1 April 1988 Higher Salaries Commission Amendment Act 1988 Section 11 heading amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 11 amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
12: Functions of
Authority
1: The functions of the Authority
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 Members of Parliament (Remuneration and Services) Act 2013
ii:
iii:
iv:
v: the remuneration of the officers specified in Schedule 4
va: remuneration in accordance with section 47(1)﻿(b)
vi:
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
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
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
2A: The Authority
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 retirement scheme
b: the contribution that the member must make to that retirement scheme
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
2C:
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 1 April 1988 Higher Salaries Commission Amendment Act 1988 Section 12 heading amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12(1)﻿(a)﻿(i) amended 16 December 2013 section 60(1) Members of Parliament (Remuneration and Services) Act 2013 Section 12(1)﻿(a)﻿(i) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12(1)﻿(a)﻿(ii) repealed 8 December 2009 section 6 Remuneration Authority Amendment Act 2009 Section 12(1)﻿(a)﻿(iii) repealed 19 December 1989 section 32(1) State Sector Amendment Act (No 2) 1989 Section 12(1)﻿(a)﻿(iv) repealed 1 November 1989 section 2(1) Higher Salaries Commission Amendment Act 1989 Section 12(1)﻿(a)﻿(va) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 12(1)﻿(a)﻿(vi) repealed 19 December 1989 section 32(1) State Sector Amendment Act (No 2) 1989 Section 12(1)﻿(b) replaced 1 July 1992 Higher Salaries Commission Amendment Act 1992 Section 12(1)﻿(ba) replaced 1 October 1995 section 32(1) Government Superannuation Fund Amendment Act 1995 Section 12(1)﻿(bb) inserted 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12(2A) inserted 1 July 1992 Higher Salaries Commission Amendment Act 1992 Section 12(2A) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12(2A)﻿(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 12(2A)﻿(a) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12(2A)﻿(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 12(2AB) inserted 16 December 2013 section 60(2) Members of Parliament (Remuneration and Services) Act 2013 Section 12(2B) inserted 1 July 1992 Higher Salaries Commission Amendment Act 1992 Section 12(2B) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 12(2C) repealed 20 December 2019 section 4 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019
12A: Remuneration
1: Notwithstanding anything in this Act, where the Authority section 12(1)﻿(a) Authority
a: determine at any time that no remuneration may be paid to him in addition to that salary:
b: determine at any time what remuneration or class of remuneration may be paid to him in addition to that salary:
c: determine at any time the rates of any remuneration or class of remuneration that may be paid to him in addition to that salary or the criteria by which, or the limits within which, those rates are to be fixed.
2: Every determination under subsection (1) shall have effect according to its tenor.
3: Section 12A inserted 11 November 1982 Higher Salaries Commission Amendment Act 1982 Section 12A(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12A(3) repealed 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
12AA: Superannuation
1: Notwithstanding anything in this Act or any other Act, where the Authority section 12(1)﻿(a) Authority
a: the maximum amount that in any year may be paid by way of superannuation subsidy in respect of any such person or member who chooses to contribute to any retirement scheme
b: the contribution that any such person or member must make to a retirement scheme
2: Any maximum amount determined under subsection (1)﻿(a) may be expressed as either a specified monetary amount or a percentage of salary, either of which may vary according to any category of person or member.
3: Any determination made under subsection (1)﻿(a), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.
4: Every such determination, and every provision of any such determination, in respect of which no date is specified shall come into force on the date of the making of the determination.
5: Where the salary of any person to whom a determination made under subsection (1)﻿(a) relates is payable out of public money, any superannuation subsidy required or allowed for by the determination may in accordance with, and within any limits prescribed by, the determination be paid out of public money without further appropriation than this section.
6: For the avoidance of doubt, it is hereby declared—
a: that any determination made under subsection (1)﻿(a) may specify conditions that, in addition to the condition specified in subsection (1)﻿(b), must be complied with before a superannuation subsidy or a superannuation subsidy of a specific amount or a specified maximum amount is payable:
b: that any determination made under subsection (1)﻿(a) may, directly or by defining a category of persons or by reference to specified circumstances, specify persons or classes of persons to whom or circumstances in which the determination is not to apply:
c: that where any employer or other person is, in accordance with a determination under subsection (1)﻿(a), liable to pay a subsidy to a retirement scheme
7: Section 12AA inserted 18 December 1992 Higher Salaries Commission Amendment Act (No 2) 1992 Section 12AA(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12AA(1)﻿(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 12AA(1)﻿(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 12AA(6)﻿(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 12AA(7) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
12B: Functions of
Authority
1: The Authority
a: the Chief Justice, the other Judges of the Supreme Court, the President of the Court of Appeal, the other Judges of the Court of Appeal, the Chief High Court Judge, and the other Judges of the High Court; and
aa: the appointed Judges of the Court Martial Appeal Court; and
b: the Chief District Court Judge, the Principal Family Court Judge, the Principal Youth Court Judge, the Chief Environment Court Judge
ba: the Chief Judge of the Court Martial and the other Judges of the Court Martial; and
c: the Chief Judge of the Employment Court and the other Judges of the Employment Court; and
d: the Chief Judge and the Deputy Chief Judge of the Maori Land Court and the other Judges of the Maori Land Court; and
e: the Associate Judges of the High Court; and
f: the chief coroner, the deputy chief coroner, section 22(a)
g: associate coroners appointed under section 104A
2: The Authority
a: the superannuation rights and obligations of the judicial officers specified in subsection (1) who are contributors under Part 4 Part 5 Part 5A
b: the superannuation rights and obligations of those judicial officers specified in subsection (1) who are not contributors under Part 4 Part 5 Part 5A
3: The Authority
a: the maximum amount that in any year may be paid by way of superannuation subsidy in respect of any judicial officer who chooses to contribute to any retirement scheme
b: the contribution that the judicial officer must make to that retirement scheme
4: Any maximum amount determined under subsection (3)﻿(a) may be expressed as either a specified monetary amount or a percentage of salary, either of which may vary according to any category of judicial officer.
5: Nothing shall prevent the holder of any one particular judicial office from being treated as a category of judicial officer for the purposes of subsection (4) if the Authority
6: Any reference in this section to judicial officer
7: For the avoidance of doubt, it is hereby declared that the Crown's liability to any retirement scheme
8:
9: A determination to which subsection (1) or (2) applies is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 12B replaced 1 July 1992 Higher Salaries Commission Amendment Act 1992 Section 12B heading amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12B(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12B(1)﻿(a) replaced 1 January 2004 section 48(1) Supreme Court Act 2003 Section 12B(1)﻿(aa) inserted 1 July 2009 section 35 Court Martial Appeals Amendment Act 2007 Section 12B(1)﻿(b) amended 1 July 2020 section 109 Resource Management Amendment Act 2020 Section 12B(1)﻿(ba) inserted 1 July 2009 section 87 Court Martial Act 2007 Section 12B(1)﻿(e) replaced 1 July 2007 section 146 Coroners Act 2006 Section 12B(1)﻿(f) amended 8 September 2018 section 29(2) Statutes Amendment Act 2018 Section 12B(1)﻿(f) inserted 1 July 2007 section 146 Coroners Act 2006 Section 12B(1)﻿(f) amended 1 March 2017 section 261 District Court Act 2016 Section 12B(1)﻿(g) inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 12B(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12B(2)﻿(b) replaced 1 October 1995 section 32(2) Government Superannuation Fund Amendment Act 1995 Section 12B(3) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12B(3)﻿(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 12B(3)﻿(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 12B(5) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12B(7) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 12B(8) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 12B(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
12C: Allowances
1: Notwithstanding anything in this Act, where the Authority section 12(1)﻿(a) Authority
2: Every determination under subsection (1) shall have effect according to its tenor.
3: Section 12C inserted 1 April 1988 Higher Salaries Commission Amendment Act 1988 Section 12C(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 12C(3) repealed 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
13: Amendment of Schedules
1: The Governor-General may from time to time, by Order in Council—
a:
b: add to or omit from Schedule 2
c:
d: add to or omit from Schedule 4
e: otherwise amend Schedule 2 Schedule 4
2: Every Order in Council made under subsection (1) shall have effect according to its tenor.
3: An order under this section is secondary legislation ( see Part 3 SR 1974/143 r 23(5) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 13 heading amended 8 December 2009 section 7(1) Remuneration Authority Amendment Act 2009 Section 13(1)﻿(a) repealed 8 December 2009 section 7(2) Remuneration Authority Amendment Act 2009 Section 13(1)﻿(c) repealed 1 November 1989 section 2(2) Higher Salaries Commission Amendment Act 1989 Section 13(1)﻿(e) amended 8 December 2009 section 7(3) Remuneration Authority Amendment Act 2009 Section 13(1)﻿(e) amended 1 November 1989 section 2(3) Higher Salaries Commission Amendment Act 1989 Section 13(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
14: Implementation of determinations
1: Every determination of the Authority has effect according to its tenor and, despite anything in any other enactment, an Order in Council is not required in order to fix the rates or scales of any salary or allowances that are determined by the Authority in a determination.
2: It is unlawful for any person to act contrary to a determination under this Act or to fail to observe the criteria or limits specified in a determination. Section 14 replaced 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
15: Release of determinations
1: The Authority section 16 Authority
2: The Authority
a: under any of the provisions of section 12(1)﻿(a)
b: under section 12B
3:
4:
5: The Authority under the Data and Statistics Act 2022
6: Except as expressly provided in this Act, determinations of the Authority Authority Section 15(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 15(2) replaced 29 October 1985 section 9(1) Higher Salaries Commission Amendment Act (No 2) 1985 Section 15(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 15(2)﻿(a) amended 8 December 2009 section 8 Remuneration Authority Amendment Act 2009 Section 15(2)﻿(a) amended 1 November 1989 section 2(4) Higher Salaries Commission Amendment Act 1989 Section 15(3) repealed 1 April 1988 Higher Salaries Commission Amendment Act 1988 Section 15(4) repealed 1 April 1988 Higher Salaries Commission Amendment Act 1988 Section 15(5) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 15(5) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 15(6) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
16: Publication of determinations fixing Parliamentary
salary
1: The Authority
a: by giving a copy of it to each of the following persons, namely—
i: the Prime Minister:
ii: the Speaker of the House of Representatives:
iii: the leader of the official Opposition :
iv: the Chief Executive
b: by publishing it in the Gazette
2: See section 8(6) section 8 see Part 3 Section 16 heading amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 16(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 16(1)﻿(a)﻿(iii) amended 16 December 2013 section 61(1) Members of Parliament (Remuneration and Services) Act 2013 Section 16(1)﻿(a)﻿(iv) inserted 16 December 2013 section 61(2) Members of Parliament (Remuneration and Services) Act 2013 Section 16(1)﻿(a)﻿(iv) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 16(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
17: Provisions relating to Parliamentary and judicial superannuation
1: Any determination under section 12(1)﻿(b) section 12B(2)﻿(a) Government Superannuation Fund Act 1956
2: Before making a determination under section 12(1)﻿(b) section 12B(2)﻿(a) Government Superannuation Fund Act 1956 Authority the Government Superannuation Fund Authority Authority's
3:
4: Any determination made under section 12(1)﻿(b) section 12B(2)
5: Every such determination, and every provision of any such determination, in respect of which no date is specified shall come into force on the date of the making of the determination.
6: Where a determination made under section 12(1)﻿(ba) section 12B(2)﻿(b)
7: Every determination under section 12(1)﻿(b) section 16
8: Except to the extent that a determination under section 12(1)﻿(b) section 12B(2)﻿(a) Government Superannuation Fund Act 1956 Section 17 replaced 1 July 1992 Higher Salaries Commission Amendment Act 1992 Section 17(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 17(2) amended 2 October 2001 section 40 Government Superannuation Fund Amendment Act 2001 Section 17(3) repealed 1 May 2011 section 82 Financial Markets Authority Act 2011
17A: Obligation to consult before making determinations about Parliamentary salaries and allowances
Before making a determination under section 12(1)﻿(a)﻿(i)
a: consult the Speaker of the House of Representatives and the Minister who is, with the authority of the Prime Minister, for the time being responsible for Ministerial Services about the services for which they have jurisdiction, including, for the purposes of section 16(2)
i: whether any element of personal benefit or potential personal benefit for members of Parliament, Ministers, or their family members arises under an entitlement to a service; and
ii: in the case of any such benefit arising under directions issued by the Speaker under section 23 34 section 27
b: consult the Commissioner of Inland Revenue—
i: about the taxation consequences of the Authority's proposed determination; and
ii: as required under section 16(2)﻿(a) Section 17A inserted 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 17A(a) replaced 16 December 2013 section 62 Members of Parliament (Remuneration and Services) Act 2013 Section 17A(b) replaced 16 December 2013 section 62 Members of Parliament (Remuneration and Services) Act 2013
18: Criteria of
Authority
1: In determining any remuneration under section 12(1)﻿(a) section 12B(1) Authority
a: the need to achieve and maintain fair relativity with the levels of remuneration received elsewhere; and
b: the need to be fair both—
i: to the persons or group of persons whose remuneration is being determined; and
ii: to the taxpayer or ratepayer; and
c: the need to recruit and retain competent persons.
2: In determining the remuneration of any persons or group of persons pursuant to any subparagraph of section 12(1)﻿(a) section 12B(1) Authority
a: the requirements of the position concerned; and
b: the conditions of service enjoyed by the persons whose remuneration is being determined and those enjoyed by the persons or members of the group of persons whose remuneration and conditions of employment are, in the opinion of the Authority
3: Section 18 replaced 1 April 1988 Higher Salaries Commission Amendment Act 1988 Section 18 heading amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 18(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 18(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 18(2)﻿(b) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 18(3) repealed 20 December 2019 section 5 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019
18A: Countervailing economic conditions
1: Subsection (2) applies in relation to the Authority in determining the remuneration of any person or group of persons under section 12(1)﻿(a) 12B(1)
2: The Authority—
a: must take into account any prevailing adverse economic conditions, based on evidence from an authoritative source; and
b: may determine the remuneration at a rate lower than it would otherwise have determined.
3: A determination of remuneration at a lower rate under subsection (2)﻿(b) must not result in the remuneration of a person or group of persons being lower than the remuneration the person or group of persons is entitled to before the determination.
4: To avoid doubt, the provisions of any other enactment relating to the setting of remuneration by the Authority must be read together with, and subject to, this section.
5: Section 18A inserted 8 December 2009 section 4 Remuneration Authority Amendment Act 2009 Section 18A(5) repealed 20 December 2019 section 6 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019
18B: Fixing salaries of members of Parliament
Section 18B repealed 20 December 2019 section 7 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019
19: Frequency of adjustments
1A: This section applies to determinations other than those under section 12(1)﻿(b) section 12B(2)
1: Subject to subsection (4), every determination shall specify the date on which it expires and shall continue in force at least until the close of that date. The Authority Authority Authority
2: No determination, or any part of it, shall come into force earlier than the date of the expiry of the currency of the existing determination being wholly or partially superseded by the first-mentioned determination.
3: Notwithstanding the expiry of the currency of a determination, it shall continue in force to the extent that it is not superseded by another determination.
4: Notwithstanding subsection (1), the Authority
a: for the purpose of remedying any defect or removing any ambiguity; or
b: to deal with any new matter that was not dealt with at the time of the making of the determination; or
c: if the Authority
5: Notwithstanding any term included in any determination, the Authority must review, and issue a determination for, each position that is subject to its jurisdiction,—
a: in the case of the salaries and allowances of members of Parliament, as set out in subsections (6) to (8); and
b: in any other case, at intervals of not more than 3 years.
6: The Authority must begin a review of the salaries and allowances of members of Parliament within 3 months from the return of the writ after a general election, based on the information that is available to the Authority at the time of its review.
7: After the review, the Authority must issue a determination that—
a: is deemed to have come into force on the date of the day after polling day for that general election; and
b: expires on polling day for the next general election; and
c: specifies separately the salaries and allowances payable for each of the periods set out in subsection (8).
8: The determination under subsection (7) must set out the salaries and allowances of members of Parliament for the following periods:
a: the period beginning on the day after polling day and ending on the next 30 June; and
b: the period beginning on 1 July after the 30 June referred to in paragraph (a) and ending on the next 30 June; and
c: the period beginning on 1 July after the 30 June referred to in paragraph (b) and ending on the next 30 June; and
d: the period beginning on 1 July after the 30 June referred to in paragraph (c) and ending on polling day for the next general election. Section 19 replaced 1 April 1988 Higher Salaries Commission Amendment Act 1988 Section 19(1A) inserted 1 July 1992 Higher Salaries Commission Amendment Act 1992 Section 19(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 19(4) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 19(4)﻿(c) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 19(5) replaced 20 December 2019 section 8 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 Section 19(6) replaced 20 December 2019 section 8 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 Section 19(7) inserted 20 December 2019 section 8 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 Section 19(8) inserted 20 December 2019 section 8 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019
19A: Temporary reduction determinations (COVID-19)
2021-01-31 Remuneration Authority Act 1977 Section 19A and schedule 4A are repealed on 31 January 2021 — see section 19A(10). Section 19A repealed 31 January 2021
20: Interim adjustments
Section 20 repealed 1 April 1988 Higher Salaries Commission Amendment Act 1988
21: Submissions to
Authority
1: Any person or any organisation shall be entitled to make written submissions to the Authority Authority
2: Where the Authority Authority Authority
a: either—
i: representatives of the members of each category of persons whose remuneration is being considered; or
ii: any recognised organisation representing the members of each category of persons whose remuneration or superannuation is being considered:
b: any recognised organisation representing employers of persons whose remuneration or superannuation is being considered:
c: each employer or employing authority, or an authorised representative of each employer or employing authority, of the persons whose remuneration or superannuation is being considered. Section 21 replaced 1 April 1988 Higher Salaries Commission Amendment Act 1988 Section 21 heading amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 21(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 21(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
22: Recommendations to Commission
Section 22 repealed 19 December 1989 section 32(1) State Sector Amendment Act (No 2) 1989
23: Application of cost-of-living increases
Section 23 repealed 1 July 1987 section 3(2) Economic Stabilisation Act Repeal Act 1987
24: Remuneration
1: Where any position is subject to the determination of the Authority section 12(1)﻿(a) or section 12B remuneration Authority remuneration
2: This principle does not apply to any change in remuneration arising from the Remuneration Authority (Members of Parliament) Amendment Act 2002 or section 16 17 SR 1974/143 r 29 Section 24 heading amended 11 November 1982 Higher Salaries Commission Amendment Act 1982 Section 24(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 24(1) amended 29 October 1985 section 9(1) Higher Salaries Commission Amendment Act (No 2) 1985 Section 24(1) amended 11 November 1982 Higher Salaries Commission Amendment Act 1982 Section 24(2) inserted 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 24(2) amended 16 December 2013 section 63 Members of Parliament (Remuneration and Services) Act 2013
25: Powers of
Authority
1: For the purpose of carrying out its functions under this Act, the Authority Commissions of Inquiry Act 1908 sections 2 4A 11 12
2: To enable it to carry out its functions, the Authority Authority
3: In addition to the powers expressly conferred on the Authority Authority SR 1974/143 r 30 Section 25 heading amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 25(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 25(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 25(3) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
26: Delegation
Section 26 repealed 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
27: Annual report
1: As soon as practicable after the end of each year ending with 30 June Authority
2: A copy of the report shall be laid before Parliament. Section 27(1) amended 8 December 2009 section 9 Remuneration Authority Amendment Act 2009 Section 27(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
28: Money to be appropriated by Parliament for purposes of this Act
All fees, salaries, allowances, and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose.
29: Members not personally liable
No member of the Authority Authority Authority Section 29 amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
30: Other enactments not to prevail
Notwithstanding any provision of any other Act authorising any person or body to fix any remuneration or allowance, as from the commencement of this Act, any remuneration or allowance which the Authority that Authority Section 30 amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
31: Determinations of
Authority
1: Every determination of the Authority
2: Nothing in this section shall derogate from section 24 Section 31 heading amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 31(1) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002
32: Consultation with
Authority Where Authority section 12 section 12A Authority Authority Authority Section 32 replaced 11 November 1982 Higher Salaries Commission Amendment Act 1982 Section 32 heading amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 32 amended 8 December 2009 section 10 Remuneration Authority Amendment Act 2009 Section 32 amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 32 amended 1 November 1989 section 2(7) Higher Salaries Commission Amendment Act 1989
33: Consequential amendments
1: The enactments specified in Schedule 5
2: Unless in any case the context otherwise requires, in any other enactment or in any regulation, order, notice, award, agreement, instrument, or other document—
a: every reference to Part 2 of the Wage Adjustment Regulations 1974
b: every reference to the Higher Salaries Commission shall be read as a reference to the Remuneration Authority Section 33(2)﻿(b) amended 1 April 2003 section 3(3) Remuneration Authority (Members of Parliament) Amendment Act 2002
34: Repeal
The Civil List Amendment Act (No 2) 1970
35: Revocations and amendments
1: The following regulations are hereby consequentially revoked, namely:
a: Amendment(s) incorporated in the regulations
b: the Wage Adjustment Regulations 1974, Amendment No 1
c: Amendment(s) incorporated in the regulations
d: the Wage Adjustment Regulations 1974, Amendment No 6
e)–(g: Amendment(s) incorporated in the regulations
2), (3: Amendment(s) incorporated in the regulations
36: Savings and validation
1: Nothing in this Act shall affect the validity of any determination made by the Higher Salaries Commission before the commencement of this Act pursuant to Part 2 of the Wage Adjustment Regulations 1974
2: Notwithstanding anything in this Act, salaries and allowances in respect of which the Remuneration Authority Authority Section 36(2) amended 1 April 2003 section 3(2) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 36(2) amended 1 April 2003 section 3(3) Remuneration Authority (Members of Parliament) Amendment Act 2002