Document ID: chunk:federal_register_of_legislation:C2004A04197:body:0:p14
Version: federal_register_of_legislation:C2004A04197
Segment Type: other
Provision Reference: 
Character Range: 33926–36770

previous Acts

  19. Section 129 of the Principal Act is amended:

  (a) by inserting after paragraph (1) (a) the following paragraph:

          "(aa) the determination were a determination by the Commission within the meaning of Part VI of this Act; and";

  (b) by adding at the end the following subsection:

     "(3) Where proceedings under Part V of the 1971 Act in relation to a determination are continued under subsection (2), Part VI of this Act applies to the proceedings as if the determination were a reviewable decision by the Commission within the meaning of Part VI of this Act.".

20. After section 129 of the Principal Act the following section is inserted:

Reconsideration and review of certain determinations under 1971 Act

"129a. (1) The Commission may, on its own motion, reconsider under section 62 of this Act a determination under the 1971 Act having effect immediately before the commencing day but not covered by subsection 129 (1) and, for that purpose, section 62 of this Act applies as if:

    (a)     the person in respect of whom the determination was made were a claimant under this Act; and

    (b)     the determination were a determination by the' Commission within the meaning of Part VI of this Act.

"(2) Part VI of this Act applies to a decision of the Commission on a reconsideration of a determination mentioned in subsection (1) as if the decision were a reviewable decision by the Commission within the meaning of that Part.".

Validation

21. In spite of anything in the Acts Interpretation Act 1901, the notice of the Minister of State for Industrial Relations relating, among other things, to the definition of "Commonwealth authority" in

subsection 4 (1) of the Principal Act, being the notice dated 7 August 1989 and published in the Gazette on 23 August 1989, is taken to be valid for all purposes.

           PART 3—AMENDMENTS OF THE REMUNERATION TRIBUNAL ACT 1973

Principal Act

22. In this Part, "Principal Act" means the Remuneration Tribunal Act 19732.

Title

23. The title of the Principal Act is amended by inserting ", and recreation leave entitlements," after "allowances".

Interpretation

  24. Section 3 of the Principal Act is amended:

   (a)     by omitting paragraph (4) (fb);

     (b)    by omitting from paragraph (4) (q) "(other than an executive education officer)";

     (c)     by omitting paragraph (4) (r) and substituting the following paragraph:

         "(r) an office or appointment in the Defence Force other than an appointment as:

          (i) Chief of the Defence Force; or

          (ii) Vice Chief of the Defence Force; or

          (iii) Chief of Naval Staff; or

          (iv) Chief of the General Staff; or

          (v) Chief of the Air Staff;".

Establishment of Remuneration Tribunal

25.     Section 4 of the Principal Act is amended