Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 00-00-00 Xml

Western Australia

Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016

No. 46 of 2016

An Act —

·to amend the Salaries and Allowances Act 1975 to make provision for the remuneration of certain executive officers of certain Government entities and for other purposes; and

·to amend various other Acts in consequence.

[Assented to 7 December 2016]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1.Short title

This is the Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016.

2.Commencement

This Act comes into operation as follows —

(a)Part 1 — on the day on which this Act receives the Royal Assent;

(b)the rest of the Act — on the day after that day.

Part 2 — Salaries and Allowances Act 1975 amended

3.Act amended

This Part amends the Salaries and Allowances Act 1975.

4.Section 4 amended

(1)In section 4(1) in the definition of Chairman delete “temporarily in place of the Chairman pursuant to section 34 of the Interpretation Act 1918;” and insert:

to act temporarily in place of the Chairman under the Interpretation Act 1984 section 52;

(2)In section 4(1) in the definition of member delete “temporarily in place of a member under section 34 of the Interpretation Act 1918;” and insert:

to act temporarily in place of a member under the Interpretation Act 1984 section 52;

5.Section 7C inserted

After section 7B insert:

7C.Determinations as to remuneration of certain executive officers of Government entities

(1)In this section —

executive officer, of an entity specified in column 1 of Schedule 2, means a person specified in column 2 of that Schedule for the entity, subject to subsection (4);

Government entity means an entity —

(a)that is specified in column 1 of Schedule 2; and

(b)that is prescribed by the regulations for the purposes of this paragraph.

(2)The Tribunal is to, from time to time as provided by this Act, inquire into and determine the minimum and maximum amounts of remuneration to be paid or provided to executive officers of Government entities.

(3)Section 6(2) and (3) apply to a determination under subsection (2).

(4)A person who holds an office mentioned in column 2 of Schedule 2 for an entity immediately before the day on which the entity is prescribed by the regulations for the purposes of paragraph (b) of the definition of Government entity in subsection (1) is not an executive officer of the entity during the balance of the person’s term of office that remained immediately before that day.

6.Section 8 amended

In section 8:

(a)in paragraph (d) delete “another.” and insert:

another; and

(b)after paragraph (d) insert:

(e)not more than a year elapses between one determination under section 7C(2) and another.

7.Section 10 amended

(1)In section 10(4):

(a)in paragraph (c)(ii) delete “section 7B.” and insert:

section 7B;

(b)after paragraph (c) insert:

and

(d)appoint a person nominated from time to time in writing by the chief executive officer of the department of the Public Service principally assisting in the administration of the Financial Management Act 2006 to assist the Tribunal in an inquiry in so far as it relates to the minimum and maximum amounts of remuneration to be paid or provided to executive officers of Government entities referred to in section 7C(2).

(2)In section 10 after each of subsections (1)(a) and (b) and (4)(a) insert:

and

8.Section 10A amended

In section 10A(2) after “or (e)” insert:

or 7C(2)

9.Schedule 2 inserted

After Schedule 1 insert:

Schedule 2 — Entities that may be prescribed as Government entities and their executive officers

[s. 7C]

Column 1: entities	Column 2: executive officers
A corporation as defined in the Electricity Corporations Act 2005 section 3(1).	1.The person appointed under the Electricity Corporations Act 2005 section 14(2) or (3) as the chief executive officer of the corporation.
	2.A person appointed under the Electricity Corporations Act 2005 section 17 to act in place of the chief executive officer of the corporation.
Gold Corporation as defined in the Gold Corporation Act 1987 section 3(1).	1.The person appointed under the Gold Corporation Act 1987 section 7(4) as the chief executive officer of Gold Corporation.
	2.The person appointed under the Gold Corporation Act 1987 section 7(4) as the deputy chief executive officer of Gold Corporation.
GoldCorp as defined in the Gold Corporation Act 1987 section 3(1).	The person appointed under the Gold Corporation Act 1987 section 51(1) as the managing director of GoldCorp.
The Mint as defined in the Gold Corporation Act 1987 section 3(1).	The person appointed under the Gold Corporation Act 1987 section 40(1) as managing director of the Mint.
A port authority as defined in the Port Authorities Act 1999 section 3(1).	1.The person appointed under the Port Authorities Act 1999 section 14(2) as the chief executive officer of the port authority.
	2.A person appointed under the Port Authorities Act 1999 section 14(6) to act in the office of chief executive officer of the port authority.
RWWA as defined in the Racing and Wagering Western Australia Act 2003 section 3(1).	1.The person appointed under the Racing and Wagering Western Australia Act 2003 section 20(2) as the CEO of RWWA.
	2.A person appointed under the Racing and Wagering Western Australia Act 2003 section 20(5) to act in the office of CEO of RWWA.
A corporation as defined in the Water Corporations Act 1995 section 3(1).	1.The person appointed under the Water Corporations Act 1995 section 13(2) or (6) as the chief executive officer of the corporation.
	2.A person appointed under the Water Corporations Act 1995 section 13(5) to act in place of the chief executive officer of the corporation.
The Authority as defined in the Western Australian Land Authority Act 1992 section 4(1).	1.The person appointed under the Western Australian Land Authority Act 1992 section 10(3) as the chief executive officer of the Authority.
	2.A person appointed under the Western Australian Land Authority Act 1992 section 10(8) to act in the office of chief executive officer of the Authority.
The Corporation as defined in the Western Australian Treasury Corporation Act 1986 section 3(1).	1.The person appointed under the Western Australian Treasury Corporation Act 1986 section 8(2) as the chief executive officer of the Corporation.
	2.A person appointed under the Western Australian Treasury Corporation Act 1986 section 8(5) to act in place of the chief executive officer of the Corporation.

Part 3 — Amendments to other Acts

Division 1 — Constitution Acts Amendment Act 1899 amended

10.Act amended

This Division amends the Constitution Acts Amendment Act 1899.

11.Schedule V amended

In Schedule V Part 1 Division 2:

(a)after the item that begins with “Senior executive officer” insert:

An office —

(a)referred to in the Salaries and Allowances Act 1975 section 6(1)(d) or (e); or

(b)held by a person specified in column 2 of Schedule 2 to that Act for a Government entity as defined in section 7C(1) of that Act, whether or not the person is an executive officer as defined in that subsection.

(b)delete the item relating to the Salaries and Allowances Act 1975.

Division 2 — Electricity Corporations Act 2005 amended

12.Act amended

This Division amends the Electricity Corporations Act 2005.

13.Section 14 amended

(1)In section 14(2)(b) before “to” insert:

subject to sections 15A and 15B,

(2)After section 14(5) insert:

(6)Subsection (5) does not apply to the exercise by the board of the power to determine or set remuneration to which section 15A or 15B applies.

14.Sections 15A and 15B inserted

After section 14 insert:

15A.Remuneration of chief executive officer while corporation is not a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the corporation to which it relates is not a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration, including any variation to the remuneration, of the chief executive officer of a corporation is to be determined by the board on the recommendation of the Minister.

(4)Subsection (3) —

(a)applies regardless of whether the chief executive officer was appointed on, before or after the day on which the Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but

(b)does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the corporation’s chief executive officer.

15B.Remuneration of chief executive officer while corporation is a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the corporation to which it relates is a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration of the chief executive officer of a corporation who is an executive officer, as defined in the Salaries and Allowances Act 1975 section 7C(1), is to be set by the board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.

(4)Any variation to the remuneration of the chief executive officer of a corporation who, because of the Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the board on the recommendation of the Minister.

Division 3 — Gold Corporation Act 1987 amended

15.Act amended

This Division amends the Gold Corporation Act 1987.

16.Section 7 amended

In section 7(4)(a) after “to” insert:

sections 8A and 8B and

17.Sections 8A and 8B inserted

After section 7 insert:

8A.Remuneration of chief executive officer, deputy while Gold Corporation is not a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when Gold Corporation is not a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration, including any variation to the remuneration, of the chief executive officer or the deputy chief executive officer of Gold Corporation is to be determined by the Board on the recommendation of the Minister.

(4)Subsection (3) —

(a)applies regardless of whether the chief executive officer or the deputy chief executive officer was appointed on, before or after the day on which the Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but

(b)does not require the Board to re‑determine the remuneration of the person who, immediately before that day, holds office as Gold Corporation’s chief executive officer or deputy chief executive officer.

8B.Remuneration of chief executive officer, deputy while Gold Corporation is a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when Gold Corporation is a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration of the chief executive officer, or the deputy chief executive officer, of Gold Corporation who is an executive officer, as defined in the Salaries and Allowances Act 1975 section 7C(1), is to be set by the Board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.

(4)Any variation to the remuneration of the chief executive officer, or the deputy chief executive officer, of Gold Corporation who, because of the Salaries and Allowances Act 1975 section 7C(4), is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the Board on the recommendation of the Minister.

18.Section 40 amended

In section 40(3)(a) before “shall” insert:

subject to sections 41A and 41B,

19.Sections 41A and 41B inserted

After section 40 insert:

41A.Remuneration of managing director while Mint is not a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the Mint is not a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration, including any variation to the remuneration, of the managing director of the Mint is to be determined by the Board on the recommendation of the Minister.

(4)Subsection (3) —

(a)applies regardless of whether the managing director was appointed on, before or after the day on which the Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but

(b)does not require the Board to re‑determine the remuneration of the person who, immediately before that day, holds office as the managing director of the Mint.

41B.Remuneration of managing director while Mint is a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the Mint is a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration of the managing director of the Mint who is an executive officer, as defined in the Salaries and Allowances Act 1975 section 7C(1), is to be set by the Board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.

(4)Any variation to the remuneration of the managing director of the Mint who, because of the Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the Board on the recommendation of the Minister.

20.Section 51 amended

In section 51(3)(a) before “shall” insert:

subject to sections 52A and 52B,

21.Sections 52A and 52B inserted

After section 51 insert:

52A.Remuneration of managing director while GoldCorp is not a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when GoldCorp is not a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration, including any variation to the remuneration, of the managing director of GoldCorp is to be determined by the Board on the recommendation of the Minister.

(4)Subsection (3) —

(b)does not require the Board to re‑determine the remuneration of the person who, immediately before that day, holds office as the managing director of GoldCorp.

52B.Remuneration of managing director while GoldCorp is a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when GoldCorp is a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration of the managing director of GoldCorp who is an executive officer, as defined in the Salaries and Allowances Act 1975 section 7C(1), is to be set by the Board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.

(4)Any variation to the remuneration of the managing director of GoldCorp who, because of the Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the Board on the recommendation of the Minister.

Division 4 — Port Authorities Act 1999 amended

22.Act amended

This Division amends the Port Authorities Act 1999.

23.Section 14 amended

(1)In section 14(2)(b) delete “the Salaries and Allowances Act 1975,” and insert:

sections 15A and 15B,

(2)After section 14(3) insert:

(4A)Subsection (3) does not apply to the exercise by the board of the power to determine or set remuneration to which section 15A or 15B applies.

24.Sections 15A and 15B inserted

After section 14 insert:

15A.Remuneration of CEO while port authority is not a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the port authority to which it relates is not a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration, including any variation to the remuneration, of the CEO of a port authority is to be determined by the board on the recommendation of the Minister.

(4)Subsection (3) —

(a)applies regardless of whether the CEO was appointed on, before or after the day on which the Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but

(b)does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the port authority’s CEO.

15B.Remuneration of CEO while port authority is a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the port authority to which it relates is a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration of the CEO of a port authority who is an executive officer, as defined in the Salaries and Allowances Act 1975 section 7C(1), is to be set by the board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.

(4)Any variation to the remuneration of the CEO of a port authority who, because of the Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the board on the recommendation of the Minister.

Division 5 — Racing and Wagering Western Australia Act 2003 amended

25.Act amended

This Division amends the Racing and Wagering Western Australia Act 2003.

26.Section 20 amended

(1)In section 20(2)(b) before “to” insert:

subject to sections 21A and 21B,

(2)After section 20(5) insert:

(6)Sections 21A and 21B apply to a person appointed under subsection (5) to act in the office of CEO as if the references in those provisions to the CEO were references to the person so acting.

27.Sections 21A and 21B inserted

After section 20 insert:

21A.Remuneration of CEO while RWWA is not a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when RWWA is not a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration, including any variation to the remuneration, of the CEO is to be determined by the board on the recommendation of the Minister.

(4)Subsection (3) —

(b)does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the CEO.

21B.Remuneration of CEO while RWWA is a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when RWWA is a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration of the CEO who is an executive officer, as defined in the Salaries and Allowances Act 1975 section 7C(1), is to be set by the board within the range determined by the Salaries and Allowances Tribunal section 7C(2) of that Act.

(4)Any variation to the remuneration of the CEO who, because of the Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the board on the recommendation of the Minister.

Division 6 — Water Corporations Act 1995 amended

28.Act amended

This Division amends the Water Corporations Act 1995.

29.Section 13 amended

(1)In section 13(2)(b) before “to” insert:

subject to sections 14A and 14B,

(2)After section 13(3) insert:

(4A)Subsection (3) does not apply to the exercise by the board of the power to determine or set remuneration to which section 14A or 14B applies.

30.Sections 14A and 14B inserted

After section 13 insert:

14A.Remuneration of chief executive officer while corporation is not a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the corporation to which it relates is not a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration, including any variation to the remuneration, of the chief executive officer of a corporation is to be determined by the board on the recommendation of the Minister.

(4)Subsection (3) —

(b)does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the corporation’s chief executive officer.

14B.Remuneration of chief executive officer while corporation is a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the corporation to which it relates is a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

Division 7 — Western Australian Land Authority Act 1992 amended

31.Act amended

This Division amends the Western Australian Land Authority Act 1992.

32.Section 10 amended

(1)In section 10(3)(b) before “to” insert:

subject to sections 11A and 11B,

(2)Delete section 10(4).

(3)After section 10(5) insert:

(6A)Subsection (5) does not apply to the exercise by the board of the power to determine or set remuneration to which section 11A or 11B applies.

(4)After section 10(8) insert:

(9)Sections 11A and 11B apply to a person appointed under subsection (8) to act in the office of chief executive officer as if the references in those provisions to the chief executive officer were references to the person so acting.

33.Sections 11A and 11B inserted

After section 10 insert:

11A.Remuneration of chief executive officer while Authority is not a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the Authority is not a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration, including any variation to the remuneration, of the chief executive officer is to be determined by the board on the recommendation of the Minister.

(4)Subsection (3) —

(b)does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the chief executive officer.

11B.Remuneration of chief executive officer while Authority is a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the Authority is a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration of the chief executive officer who is an executive officer, as defined in the Salaries and Allowances Act 1975 section 7C(1), is to be set by the board within the range determined by the Salaries and Allowances Tribunal under section 7C(2) of that Act.

(4)Any variation to the remuneration of the chief executive officer who, because of the Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the board on the recommendation of the Minister.

Division 8 — Western Australian Treasury Corporation Act 1986 amended

34.Act amended

This Division amends the Western Australian Treasury Corporation Act 1986.

35.Section 8 amended

(1)In section 8(2)(b) before “to” insert:

subject to sections 8AA and 8AB,

(2)After section 8(3) insert:

(4A)Subsection (3) does not apply to the exercise by the board of the power to determine or set remuneration to which section 8AA or 8AB applies.

(3)After section 8(5) insert:

(6)Sections 8AA and 8AB apply to a person appointed under subsection (5) to act in place of the chief executive officer as if the references in those provisions to the chief executive officer were references to the person so acting.

36.Sections 8AA and 8AB inserted

After section 8 insert:

8AA.Remuneration of chief executive officer while Corporation is not a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the Corporation is not a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

(3)The remuneration, including any variation to the remuneration, of the chief executive officer is to be determined by the board on the recommendation of the Minister.

(4)Subsection (3) —

(b)does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the chief executive officer.

8AB.Remuneration of chief executive officer while Corporation is a Government entity

(1)In this section —

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1).

(2)This section applies when the Corporation is a Government entity as defined in the Salaries and Allowances Act 1975 section 7C(1).

dline

By Authority: JOHN A. STRIJK, Government Printer