Document ID: chunk:federal_register_of_legislation:C2004A04197:body:0:p17
Version: federal_register_of_legislation:C2004A04197
Segment Type: other
Provision Reference: 
Character Range: 41561–44406

of another office referred to in the determination, including another office the entitlements of the holder of which are determined by some other Commonwealth tribunal or authority.

   "(3d) The Tribunal may determine that the rate of salary to be paid to the holder of an executive education office is the same as that of the holder of another office referred to in the determination, including another office the rate of salary payable to the holder of which is determined by some other Commonwealth tribunal or authority.";

    (e)     by omitting from subsection (4) "or (3)" and substituting "(2a), (3) or (3aa)";

    (f)      by omitting from subsection (9) "Remuneration or allowances to which" and substituting "Remuneration (including salary) or allowances to which";

  (g)    by inserting after paragraph (9) (acb) the following paragraph:

           "(acc) in the case of salary or allowances payable to a person who holds an executive education office in a Commonwealth higher education institution, where the institution has funds under its control that are lawfully available to pay the salary or allowances—be paid in accordance with the determination out of those funds;";

     (h) by omitting the paragraph numbered (9) (ad) inserted by the Industrial Relations (Consequential Provisions) Act 1988.

Time of making reports and determinations

29.     Section 8 of the Principal Act is amended by inserting in paragraph (1) (b) ", (2a)" after "(2)".

  30.     After section 8 of the Principal Act insert the following section:

Time of making recreation leave determinations

"8a. (1) Subject to this section, the Tribunal may, from time to time, make determinations in respect of the matters referred to in subsection 7 (3aa).

  "(2) Where:

    (a)     a public office becomes a relevant office within the meaning of subsection 7 (3aa) and is held by a person on a full-time basis; or

    (b)     a public office, being such a relevant office, comes into existence and is held by a person on a full-time basis; or

    (c)     a substantial change in the functions or duties to be performed by the holder of a public office has occurred since the Tribunal last determined the recreation leave entitlement of a full-time holder of that office;

the Tribunal must, as soon as practicable but without prejudice to its obligations under subsection (1), inquire into and determine the recreation leave entitlements of a full-time holder of that office.

"(3) Subsection (2) does not apply in relation to the holder of a public office who is a member of, or a candidate for election to, either House of the Parliament.

"(4) Where the Tribunal inquires into, and determines, the recreation leave entitlements of a full-time holder of a public office in accordance with subsection (2), the Tribunal may also inquire into, and