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Statutory Salaries (Amendment) Act 1986

THE REPUBLIC OF KIRIBATI

(No. 4 of 1986)

I assent,

I. Tabai
Beretitenti
29/5/1986

AN ACT TO AMEND THE STATUTORY SALARIES ORDINANCE
(Cap. 96A)

Commencement: 29/05/1986

MADE by the Maneaba ni Maungatabu) and assented to by the Beretitenti.

Short title

1. This Act may be cited as the Statutory Salaries (Amendment) Act 1986 and shall be deemed to have come into operation on the 12th day of July 1979.

Amendment of section 2(2)

2. Section 2 of the Statutory Salaries Ordinance (Cap 96A) is amended in subsection (2) by inserting –

(a) after "Chief Justice" the following words:

"and other judges of the High Court, President and other judges of the Court of Appeal,"; and

(b) after "Attorney General" the following words:

"(if he is not an elected member of the Maneaba)," and

(c) after "Commissioner of Police" the following words:

"Chief Electoral Commissioner and other Members of the Electoral Commission,".

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STATUTORY SALARIES (AMENDMENT) ACT 1986

EXPLANATORY MEMORANDUM

It is a condition precedent under section 113 of the Constitution that the amount and the manner of payment of the salaries and other remuneration and allowances of certain persons holding certain offices in the Government shall be such as prescribed for by an Act or Ordinance. The Statutory Salaries Ordinance is such Ordinance which provides for such salaries.

2. However in terms of the offices as provided for by section 113(5) of the Constitution it is clear that its application (section 2 (2) of the Statutory Salaries Ordinance) is limited as it does include some of the offices as stated in Section 113 (5) of the Constitution which is now the subject matter of this amending Act.

3. It would appear that the existing Statutory Salaries Ordinance has been enacted pursuant to the provisions of section 83U(5) of the pre-Independence Constitution of the Gilbert Islands (as in force on 1st February 1978 and thus apart from the fact that this Act is an amending Act it should also be regarded as an adaptation to our Independence Constitution).

4. The proposed amendment is contained in clause 2 of the Act which widens the application of existing subsection (2) of section 2 of the Statutory Salaries Ordinance in accordance with section 113 of the Constitution to the offices of the Judges of the High Court, the President of the Court of Appeal and other judges of the Court of Appeal, the Chief Electoral Commissioner and other members of the Electoral Commission which are now excluded under that Ordinance.

5. Clause 1 of the Act makes the operation of the Act retrospective to 12 July 1979 in order to regularise the omission since Independence.

Michael N. Takabwebwe
The Attorney General