Statutory and Other Offices Remuneration Amendment Bill 2023 [NSW] Explanatory note
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Schedule 2 Statutory and Other Offices Remuneration (Executive Office Holders and Senior Executives) Regulation 2023
Schedule 2 contains the proposed Statutory and Other Offices Remuneration (Executive Office Holders and Senior Executives) Regulation 2023. The regulation prescribes the policies to be applied by the Statutory and Other Offices Remuneration Tribunal in making determinations about remuneration for executive office holders and senior executives under the Act, including the policy that no increase in the remuneration of executive officer holders that takes effect before 1 July 2025 may be made.
Schedule 3 Amendment of Statutory and Other Offices Remuneration (Judicial and Other Office Holders) Regulation 2013
Schedule 3 amends the Statutory and Other Offices Remuneration (Judicial and Other Office Holders) Regulation 2013 to prescribe a policy that the Statutory and Other Offices Remuneration Tribunal may not make a determination that increases remuneration for judicial and other office holders to whom the regulation applies that takes effect before 1 July 2025.
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Statutory and Other Offices Remuneration Amendment Bill 2023
Contents
1 Name of Act 2 2 Commencement 2
Schedule 1 Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No 4) 3
Schedule 2 Statutory and Other Offices Remuneration (Executive Office Holders and Senior Executives) Regulation 2023 4
Schedule 3 Amendment of Statutory and Other Offices Remuneration (Judicial and Other Office Holders) Regulation 2013 5
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New South Wales
Statutory and Other Offices Remuneration Amendment Bill 2023
No , 2023
A Bill for
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An Act to amend the Statutory and Other Offices Remuneration Act 1975 to provide for a temporary freeze on increases in remuneration for office holders under Part 3 of that Act and executive office holders and senior executives under Parts 3A and 3B of that Act; and for related purposes.
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Statutory and Other Offices Remuneration Amendment Bill 2023 [NSW]
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The Legislature of New South Wales enacts—
1 Name of Act This Act is the Statutory and Other Offices Remuneration Amendment Act 2023.
2 Commencement This Act is taken to have commenced on the day on which the Bill for this Act was first introduced into Parliament.
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Statutory and Other Offices Remuneration Amendment Bill 2023 [NSW] Schedule 1 Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
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Schedule 1 Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
[1] Section 6AA Tribunal to give effect to declared government policy on remuneration for public sector staff Omit section 6AA(2). Insert instead—
(2) The Tribunal must, when making a determination to which this section applies, give effect to any policy about the remuneration of executive office holders and senior executives— (a) that is declared by the regulations to be an aspect of government policy
required to be given effect to by the Tribunal, and (b) that applies to the matter to which the determination relates.
(3) A regulation under subsection (2) may declare a policy by— (a) setting out the policy, or (b) adopting a policy set out in a document referred to in the regulation.
[2] Schedule 6 Savings, transitional and other provisions Insert after clause 5—
Part 6 Provision consequent on enactment of Statutory and Other Offices Remuneration Amendment Act 2023
6 Regulation and Subordinate Legislation Act 1989 (1) The Statutory and Other Offices Remuneration Amendment Act 2023,
Schedule 2 is taken to be and has effect as a regulation made by the Governor under this Act.
(2) The Subordinate Legislation Act 1989, Part 2 does not apply to the regulation but applies to an amendment or repeal of the regulation.
(3) For the Subordinate Legislation Act 1989, section 10, the regulation is taken to have been published on the day on which the Statutory and Other Offices Remuneration Amendment Act 2023, Schedule 2 commenced.
(4) The Interpretation Act 1987, sections 39–41 do not apply to the regulation but apply to an amendment or repeal of the regulation.
(5) The Statutory and Other Offices Remuneration (Executive Office Holders and Senior Executives) Act 2023, Schedule 2 is repealed on the day after it commences. Note— The continued effect of the regulation is unaffected by the repeal of the Schedule. See the Interpretation Act 1987, section 30.
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Statutory and Other Offices Remuneration Amendment Bill 2023 [NSW] Schedule 2 Statutory and Other Offices Remuneration (Executive Office Holders and Senior Executives) Regulation 2023
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Schedule 2 Statutory and Other Offices Remuneration (Executive Office Holders and Senior Executives) Regulation 2023
1 Name of regulation This regulation is the Statutory and Other Offices Remuneration (Executive Office Holders and Senior Executives) Regulation 2023.
2 Commencement This regulation is taken to have commenced on the day on which the Statutory and Other Office Remuneration Amendment Act 2023, Schedule 2 commenced.
3 Definition In this regulation— the Act means the Statutory and Other Offices Remuneration Act 1975. Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Temporary wages policy—Act, s 6AA(2) (1) A policy that the Tribunal is not to make a determination that has the effect of
awarding an increase in remuneration that takes effect before 1 July 2025 is declared. (2) To avoid doubt, subclause (1) has effect despite section 5. (3) This section expires at the end of the day on 30 June 2025.
5 Other policy A policy that the Tribunal is to give effect to the same policies on increases in remuneration as the policies the Industrial Relations Commission is required to give effect to under the Industrial Relations Act 1996, section 146C when making or varying awards or orders relating to the conditions of employment of public sector employees is declared.
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Statutory and Other Offices Remuneration Amendment Bill 2023 [NSW] Schedule 3 Amendment of Statutory and Other Offices Remuneration (Judicial and Other Office Holders) Regulation 2013
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Schedule 3 Amendment of Statutory and Other Offices Remuneration (Judicial and Other Office Holders) Regulation 2013
Clause 5A Omit the clause. Insert instead—
5A Temporary wages policy—Act, s 6AB(3) (1) A policy that the Tribunal is not to make a determination that has the effect of
awarding an increase in remuneration that takes effect before 1 July 2025 is declared.
(2) To avoid doubt, subclause (1) has effect despite clause 6. (3) This clause expires at the end of the day on 30 June 2025.
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