Document ID: chunk:federal_register_of_legislation:C2024A00038:clause:16_31
Version: federal_register_of_legislation:C2024A00038
Segment Type: clause
Provision Reference: sch 16 cl 31
Character Range: 385784–388166

31  AAT members appointed as ART members
(1) This item applies if:
 (a) a person was a full‑time member of the AAT immediately before the transition time; and
 (b) the person is not covered by a previous provision of this Part; and
 (c) the person is (or is to be) appointed as a member of the ART commencing at, or immediately after, the transition time.
(2) The person's remuneration:
 (a) if the remainder of the term for which the person was appointed as a member of the AAT is 4 months or more—for the first 4 months as a member of the ART must not be less than the amount of remuneration the person would have received if the person had continued as a member of the AAT for those 4 months; or
 (b) if the remainder of the term for which the person was appointed as a member of the AAT is less than 4 months—for the period of that remaining term after the transition time as a member of the ART must not be less than the amount of remuneration the person would have received as a member of the AAT for that period.
(3) No other compensation is payable by the Commonwealth in relation to the person's appointment as a member of the AAT.
(4) Any leave entitlements the person had accrued immediately before the transition time as a member of the AAT continue in effect for the person as member of the ART.
(5) Subitem (4) has effect:
 (a) despite subsection 30(3) of the Remuneration Tribunal (Judicial and Related Offices—Remuneration and Allowances) Determination (No. 2) 2023; but
 (b) subject to subitem (6).

Election to have leave paid
(6) The person may elect to have any leave entitlements the person had accrued immediately before the transition time as a member of the AAT paid out in accordance with subsection 30(3) of the Remuneration Tribunal (Judicial and Related Offices—Remuneration and Allowances) Determination (No. 2) 2023.
(7) The election must be:
 (a) in writing; and
 (b) signed by the person; and
 (c) given to the Registrar of the AAT no later than 21 days before the transition time.
(8) To avoid doubt:
 (a) the amount mentioned in subitem (2) is to be calculated by reference to the person's remuneration immediately before the transition time; and
 (b) the Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018 does not apply in relation to the person's appointment as a member of the AAT.