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Parliamentary Entitlements Act 1990

  • - C2009C00477
  • In force - Superseded Version
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Act No. 28 of 1990 as amended, taking into account amendments up to Act No. 144 of 2008
An Act relating to the provision of benefits to Members of each House of the Parliament
Administered by: Finance
Registered 14 Oct 2009
Start Date 10 Dec 2008
End Date 18 Apr 2011

Parliamentary Entitlements Act 1990

Act No. 28 of 1990 as amended

This compilation was prepared on 13 October 2009
taking into account amendments up to Act No. 144 of 2008

[Note: The Scheduled benefits are varied or omitted in accordance with Schedule 1 to the Parliamentary Entitlements Regulations 1997 (SR 1997 No. 318 as amended) see Table A]

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

Part 1—Preliminary                                                                                                               1

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

3............ Definitions.......................................................................................... 1

4............ Entitlement to benefits....................................................................... 2

5............ Entitlement to additional benefits....................................................... 3

6............ Amount of benefit reduced if entitlement begins part‑way through financial year 3

7............ Calculation of benefits........................................................................ 3

8............ Validation............................................................................................ 4

9............ Alteration of Schedule........................................................................ 4

10.......... Conflict between regulations and determination................................. 4

11.......... Appropriation.................................................................................... 4

12.......... Regulations......................................................................................... 5

13.......... Amendment of Remuneration Tribunal Act....................................... 5

14.......... Transitional: financial year 1989‑90................................................... 5

Schedule 1—Scheduled benefits [see also Table A]                                                       6

Part 1—Members                                                                                                                   6

Part 2—Parliamentary office‑holders and Ministers                                          8

Schedule 2—Amendment of Remuneration Tribunal Act 1973                  11

Notes                                                                                                                                            13


An Act relating to the provision of benefits to Members of each House of the Parliament

Part 1Preliminary

  

1  Short title [see Note 1]

                   This Act may be cited as the Parliamentary Entitlements Act 1990.

2  Commencement [see Note 1]

                   This Act commences on the day on which it receives the Royal Assent.

3  Definitions

                   In this Act, unless the contrary intention appears:

amount, in relation to a benefit, includes any quantity, frequency or other limitation expressed in numbers (other than numbers of persons).

benefit means a benefit provided by or under this Act.

cost of travel means the cost of fares, accommodation, meals and incidentals.

dependent child, in relation to a Senior Officer, means:

                     (a)  a person under 16 who:

                              (i)  is in the custody, care and control of the Officer or is a person to whom the Officer has access; or

                             (ii)  where no other person has the custody, care and control of the person—is wholly or substantially in the care and control of the Officer; or

                     (b)  a person who is:

                              (i)  at least 16 but under 25;

                             (ii)  receiving full‑time education at a school, college or university; and

                            (iii)  wholly or substantially dependent upon the Officer.

incidentals includes the cost of transport.

leader of a minority party means the leader of a recognised non‑Government party of at least 5 members, but does not include an Opposition Office Holder, and deputy leader of a minority party has a corresponding meaning.

member means a member of either House of the Parliament.

Opposition Office Holder means:

                     (a)  the Leader or Deputy Leader of the Opposition in the House of Representatives; or

                     (b)  the Leader or Deputy Leader of the Opposition in the Senate.

Parliamentary office‑holder means a person holding a particular office, or performing particular functions, in or in relation to the Parliament or either House of the Parliament.

Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.

Scheduled benefit means a benefit set out in Schedule 1.

Senior Officer means a Minister, an Opposition Office Holder or a Presiding Officer.

spouse of a member includes a de facto partner of the member within the meaning of the Acts Interpretation Act 1901.

year means a financial year, and annual has a corresponding meaning.

4  Entitlement to benefits

             (1)  Members are entitled to benefits as set out in Part 1 of Schedule 1.

             (2)  Parliamentary office‑holders and Ministers are entitled to benefits as set out in Part 2 of Schedule 1.

             (3)  Benefits under subsection (2) are in addition to benefits under subsection (1).

             (4)  Benefits under this Act do not limit:

                     (a)  benefits under any other law; or

                     (b)  benefits afforded by the Government to a Minister for the purpose of carrying out functions as a Minister.

5  Entitlement to additional benefits

             (1)  Members, Parliamentary office‑holders and Ministers are entitled to such additional benefits as are:

                     (a)  determined by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973; or

                     (b)  prescribed by the regulations.

             (2)  Subsection (1) does not extend to a benefit in the nature of remuneration.

6  Amount of benefit reduced if entitlement begins part‑way through financial year

             (1)  If:

                     (a)  a person becomes a member or a Parliamentary office‑holder during a financial year; and

                     (b)  a benefit to which the person is entitled is limited to an annual amount;

then, during that year, the person is entitled only to a proportionate amount of that benefit worked out by the formula:

             (2)  An amount so worked out must be rounded to the nearest whole number that is greater than zero.

7  Calculation of benefits

             (1)  A person is entitled to a benefit (other than a benefit for a Parliamentary office‑holder or a Minister) during the whole time when the person is entitled to an allowance under the Parliamentary Allowances Act 1952.

             (2)  A person is entitled to a benefit for a Parliamentary office‑holder only so long as the person is a Parliamentary office‑holder.

             (3)  A person is entitled to a benefit for a Minister only so long as the person is a Minister.

             (4)  A person may make use of the full annual amount of a benefit before the end of the relevant financial year.

8  Validation

                   Where a benefit of a kind set out in Schedule 1 has been used by, or made available to, a person at any time before the commencement of this Act, the person is taken, by force of this section, to have been entitled to that benefit as if this Act had been in force at that time.

9  Alteration of Schedule

             (1)  A Scheduled benefit may be varied or omitted by determination by the Remuneration Tribunal under section 7 of the Remuneration Tribunal Act 1973.

             (2)  A Scheduled benefit may be varied or omitted by the regulations.

             (3)  A determination or regulations made under this section may make such consequential and transitional provisions as are necessary.

10  Conflict between regulations and determination

             (1)  Where the regulations are inconsistent with a determination by the Remuneration Tribunal under paragraph 5(1)(a) or subsection 9(1), the regulations prevail and the determination is void to the extent of the inconsistency.

             (2)  Where the regulations are intended to cover the whole field in relation to a particular subject matter, then, for the purposes of subsection (1), any provision of a determination that deals with that subject matter is taken to be inconsistent with the regulations, whether or not they are capable of operating concurrently.

11  Appropriation

                   The costs of benefits are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

12  Regulations

                   The Governor‑General may make regulations for the purposes of paragraph 5(1)(b) and section 9.

13  Amendment of Remuneration Tribunal Act

             (1)  The Remuneration Tribunal Act 1973 is amended as set out in Schedule 2.

             (2)  A determination under section 7 of the Remuneration Tribunal Act 1973 and in force immediately before the commencement of this Act continues in force as if it had been made under that Act as amended by this Act.

14  Transitional: financial year 1989‑90

             (1)  In its application to the financial year 1989‑90, an amount (in this section called whole amount) referred to in Schedule 1 (other than item 3 in Part 1) is to be reduced to an amount worked out by the formula:

where remaining number of days means the number of days in that financial year from and including the day on which this Act commences.

             (2)  In its application to the financial year 1989‑90, an amount referred to in item 3 of Part 1 of Schedule 1 is to be read as the amount (if any) by which $9,000 exceeds the amount spent by the member on postage in relation to Parliamentary or electorate business (other than party business) during the period beginning on 1 July 1989 and ending at the commencement of this Act.

             (3)  An amount worked out under subsection (1) must be rounded to the nearest whole number that is greater than zero.

             (4)  If section 6 applies, this section does not.


Schedule 1Scheduled benefits [see also Table A]

Section 4

Part 1Members

  

Item

Benefit

1.

Transfer of bulk papers to and from Parliament House and the member’s electorate office.

2.

Australian flags and printed material related to national symbols, for presentation to constituents.

3.

The cost of postage in relation to Parliamentary or electorate business (other than party business), not exceeding an  annual amount of $9,000.

4.

Personalised letterhead stationery.

5.

The cost of acquiring publications from the Australian Government Bookshop as approved by the Presiding Officers.

6.

Photographic services provided in Parliament House as approved by the Minister.

7.

Office accommodation in the electorate, together with equipment and facilities necessary to operate the office, as approved by the Minister.

8.

For travel in Australia for purposes related to Parliamentary or electorate business:

(a)  the cost of first‑class scheduled commercial services; and

(b)  the use of official cars; and

(c)  the use of special purpose aircraft as approved by the Minister for Defence.

9. (1)

For travel overseas as a member of a Parliamentary Delegation within a program approved for each calendar year by the Prime Minister:

(a)  the cost of travel in accordance with the official itinerary (or, if it is cheaper, a round‑the‑world ticket); and

(b)  equipment and clothing allowances equivalent to the appropriate Australian Public Service standard; and

(c)  the cost of official hospitality extended by the delegation; and

(d)  the cost of medical and hospital services received by the member; and

(e)  use of special purpose aircraft as approved by the Prime Minister; and

  (f)  for the leader of a minority party, with the approval of the Prime Minister, the cost of travel, at the appropriate Australian Public Service standard, of a member of staff accompanying the leader.

(2)

The class of travel entitlement of the member may be downgraded to offset the cost of the fare of an accompanying spouse or to enable travel to be extended.

10.

For former Prime Ministers and Leaders of the Opposition in the House of Representatives, while they are members, additional facilities as approved by the Prime Minister.

Part 2Parliamentary office‑holders and Ministers

  

1.  (1)   For travel in Australia on official business:

     (a)   for any Parliamentary office‑holder, the cost of first‑class scheduled commercial services; and

     (b)   for an Opposition Office Holder or Presiding Officer, the use of an official car (with a driver and a car telephone) in Canberra and the capital city of the home State or Territory; and

     (c)   for the leader of a minority party, the use of an official car (with a driver) in the capital city of the home State or Territory; and

     (d)   for any Parliamentary office‑holder, the use of official cars; and

     (e)   for an Opposition Office Holder or Presiding Officer, the cost of charter transport; and

     (f)   for the leader of a minority party, the cost of air charter transport, not exceeding an annual amount of $10,000; and

     (g)   for any Parliamentary office‑holder, with the approval of the Minister for Defence, the use of special purpose aircraft.

     (2)   Any member, when representing an Opposition Office Holder or Presiding Officer, is entitled to the same benefits under subitem (1) as the person being represented.

     (3)   For any Parliamentary office‑holder, with the approval of the Minister for Defence, the use of special purpose aircraft for travel in Australia, during election campaigns, on campaign business.

2.  (1)   For travel overseas on official business by the Leader or Deputy Leader of the Opposition in the House of Representatives or a Presiding Officer:

     (a)   for the Leader or Deputy Leader, the cost of fares, not exceeding an annual amount of:

     (i)    in the case of the Leader—$8,889; or

     (ii)   in the case of the Deputy Leader—$5,818; and

     (b)   for a Presiding Officer travelling on an itinerary approved by the Prime Minister, the cost of first‑class fares; and

     (c)   the cost of accommodation, meals and incidentals; and

     (d)   the cost of travel, at the appropriate Australian Public Service standard, of on member of staff accompanying the Leader of Deputy Leader or Presiding Officer; and

     (e)   if there is no accompanying spouse, and the Prime Minister so approves, the cost of travel, at the appropriate Australian Public Service standard, of a second member of staff accompanying the Leader or Deputy Leader or Presiding Officer; and

     (f)   the cost of medical and hospital services received overseas by the Leader, Deputy Leader or Presiding Officer.

     (2)   The whole or part of an entitlement of the Leader or Deputy Leader under subitem (1) in respect of a year may be carried forward to the next year, but not to a later year.

     (3)   If, with the approval of the Prime Minister, a member is representing the Leader or Deputy Leader of the Opposition in the House of Representatives or a Presiding Officer, the member is entitled to the same benefits under subitem (1) as the person being represented, but, in the case of the benefit under paragraph (1)(a), only to the extent approved by that person.

3.  (1)   The cost of travel overseas by a spouse when accompanying a Senior Officer travelling on official business.

     (2)   The cost of travel in Australia for official purposes by the spouse of a Senior Officer.

4.         For travel in Australia by each dependent child of a Senior Officer:

     (a)   the cost of travel at economy class for 3 return visits between Canberra and the electorate each year; and

     (b)   with the prior approval of the Minister, the cost of travel at economy class (or at first‑class if accompanying the Officer or spouse) for:

     (i)    1 return visit to any place within Australia each year; and

     (ii)   travel to and from Parliamentary functions in Canberra attended by the Officer or spouse; and

     (iii)  return visits between the nominated principal place of residence and Canberra when the Officer and spouse are in Canberra for lengthy periods.

5.         For an Opposition Office Holder, Presiding Officer or leader of a minority party, office accommodation in a capital city, together with the equipment and facilities necessary to operate the office, as approved by the Minister.

6.  (1)   For a Senior Officer, the full cost of a home telephone service in one private residence:

     (a)   in Canberra; and

     (b)   at the nominated principal place of residence.

     (2)   For the leader of a minority party, the cost of calls from a home telephone in Canberra.

7.         For any of the following:

     (a)   a Minister;

     (b)   an Opposition Office Holder;

     (c)   a Presiding Officer;

     (d)   the leader of a minority party;

     (e)   a Government or Opposition Whip in the Senate;

     (f)   a Government or Opposition Whip in the House of Representatives;

the cost of postage in relation to official business.


Schedule 2Amendment of Remuneration Tribunal Act 1973

Section 13

Subsection 3 (1)

Insert the following definition:

allowance includes, but is not limited to, an annual allowance and a travelling allowance.


Notes to the Parliamentary Entitlements Act 1990

Note 1

The Parliamentary Entitlements Act 1990 as shown in this compilation comprises Act No. 28, 1990 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Parliamentary Entitlements Act 1990

28, 1990

24 May 1990

24 May 1990

 

Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008

144, 2008

9 Dec 2008

Schedule 7 (item 51): 10 Dec 2008


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Part 1

 

S. 3.......................................

am. No. 144, 2008


Table A

Parliamentary Entitlements Regulations 1997 (SR 1997 No. 318 as amended by SR 2003 No. 149; SLI 2005 No. 235; 2006 No. 211; 2008 No. 228; 2009 No. 219 (as amended by SLI 2009 No. 250))

Schedule 1        Variation or omission of Scheduled benefits in Schedule 1 to the Parliamentary Entitlements Act 1990

(regulation 2A)

Part 1          Variations or omissions for Part 1

[100]       Item 3

omit

[101]       Item 4

omit

[102]       Item 5

omit

publications from the Australian Government Bookshop

insert

Australian Government publications

[103]       Item 6

omit

in

insert

at

[104]       Item 7

substitute

7. (1)

Office accommodation (including for personal staff) in the electorate, together with equipment, facilities, office requisites and stationery  necessary to operate the office, as approved by the Minister, for purposes related to Parliamentary, electorate or official business, but not commercial business.

(2)

For subitem (1), office requisites and stationery, as approved by the Minister, must not exceed:

(a)  from 1 October 2009 to 30 June 2010 — $26 178; and

(b)  for each subsequent financial year — $35 000 indexed annually.

[104A]    After item 7

insert

7A. (1)

The cost of purchasing publications (including electronic publications) for purposes related to Parliamentary, electorate or official business, but not commercial business.

(2)

For subitem (1), the entitlement for a member of the House of Representatives representing an electorate with a demographic rating, as determined by the Australian Electoral Commission, of inner metropolitan or outer metropolitan, must not exceed:

(a)  for the 2009–2010 financial year — $3 419; and

(b)  for each subsequent financial year — $3 419 indexed annually in accordance with the Consumer Price Index.

(3)

For subitem (1), the entitlement for a Senator or a member of the House of Representatives not mentioned in subitem (2), must not exceed:

(a)  for the 2009–2010 financial year — $4 572; and

(b)  for each subsequent financial year — $4 572 indexed annually in accordance with the Consumer Price Index.

[105]       Paragraph 8 (b)

omit

official cars;

insert

car with driver services;

[105A]    Subitem 9 (1)

after

Parliamentary Delegation

insert

, other than an Inter‑Parliamentary Union or Commonwealth Parliamentary Association delegation,

[106]       Paragraph 9 (1) (a)

substitute

                (a)    the cost of travel at the highest available class, including charter travel for the delegation, in accordance with the official itinerary; and

[107]       Paragraph 9 (1) (b)

omit

appropriate Australian Public Service standard;

insert

standard applying to an employee in the Senior Executive Service in the Department of Foreign Affairs and Trade;

[108]       After paragraph 9 (1) (c)

insert

              (ca)    the cost of facilities and services necessary for meetings of the delegation; and

[109]       Paragraph 9 (1) (d)

substitute

               (d)    the following costs relating to medical and hospital services received by the member:

                          (i)    the cost of vaccinations and medical supplies essential for travel overseas;

                         (ii)    the cost of insurance for medical and hospital treatment for the member in the period covered by the official itinerary;

                         (iii)    the cost of medical services (including emergency dental services) and hospital services received overseas by the member in the period covered by the official itinerary if the cost is not covered by insurance; and

              (da)    the cost of baggage insurance to the standard applying to an employee in the Senior Executive Service in the Department of Foreign Affairs and Trade; and

[110]       Paragraph 9 (1) (f)

omit

travel, at the appropriate Australian Public Service standard,

insert

business class travel

[111]       Subitem 9 (2)

substitute

         (2)   The class of travel entitlement of the member may be downgraded for either or both of the following purposes:

                (a)    to offset the cost of the fare of an accompanying spouse;

               (b)    to enable travel to be extended in accordance with a revised itinerary approved by the Minister for purposes related to Parliamentary or electorate business.

[112]       After item 9

insert

Note   Travel for Inter‑Parliamentary Union and Commonwealth Parliamentary Association delegations is funded separately by the Parliament.

[113]       Item 10

omit

and Leaders of the Opposition in the House of Representatives,

insert

, former Leaders of the Opposition in the House of Representatives and former Leaders of The Nationals in the House of Representatives,

Part 2          Variations or omissions for Part 2

[201]       Paragraph 1 (1) (b)

substitute

               (b)    for the Leader of the Opposition in the House of Representatives, the use of an official car with driver in Canberra or in the capital city of his or her home State or Territory; and

[202]       Paragraph 1 (1) (c)

omit

[203]       Paragraph 1 (1) (d)

omit

official cars;

insert

car with driver services;

[204]       Paragraph 1 (1) (e)

after

Officer,

insert

who may be accompanied by his or her spouse and 1 staff member,

[205]       Paragraph 1 (1) (f)

substitute

                (f)    for the leader of a minority party, who may be accompanied by his or her spouse and 1 staff member, the cost of charter transport, not exceeding an annual amount of $15 000; and

[205A]    Subitem 1 (2)

omit

an Opposition Office holder or Presiding Officer,

insert

a Senior Officer,

[206]       Paragraph 2 (1) (d)

substitute

               (d)    the cost of business class travel of 1 member of staff accompanying the Leader, Deputy Leader or Presiding Officer; and

[207]       Paragraph 2 (1) (e)

omit

travel, at the appropriate Australian Public Service standard,

insert

travel at business class

[208]       Paragraph 2 (1) (f)

substitute

                (f)    the following costs relating to medical and hospital services received by the Leader, Deputy Leader or Presiding Officer:

                          (i)    the cost of vaccinations and medical supplies essential for travel overseas;

                         (ii)    the cost of insurance for medical and hospital treatment for the Leader, Deputy Leader or Presiding Officer when travelling overseas;

                         (iii)    the cost of medical services (including emergency dental services) and hospital services received overseas by the Leader, Deputy Leader or Presiding Officer if the cost is not covered by insurance; and

                (g)    the cost of baggage insurance to the standard applying to an employee in the Senior Executive Service in the Department of Foreign Affairs and Trade; and

                (h)    equipment and clothing allowances equivalent to the standard applying to an employee in the Senior Executive Service in the Department of Foreign Affairs and Trade.

[208A]    Subitem 3 (1)

after

overseas

insert

, and the cost of emergency medical and hospital treatment overseas (if required),

[210]       Item 4

after

Officer

insert

(other than a Parliamentary Secretary)

[210A]    Paragraph 4 (b)

omit

prior

[210B]    Paragraph 4 (b)

omit

first‑class

insert

the highest available class

[211]       Item 6 (2)

substitute

      (1A)   For a Senior Officer, the following costs in relation to a dedicated data line associated with 1 home telephone service mentioned in subitem 6 (1):

                (a)    the full cost of installation, maintenance and rental of the line; and

               (b)    all call and on‑line costs.

         (2)   For the leader of a minority party:

                (a)    the full cost of a home telephone service in Canberra; and

               (b)    for a dedicated data line associated with the home telephone service:

                          (i)    the full cost of installation, maintenance and rental of the line; and

                         (ii)    all call and on‑line costs.

[212]       Item 7

after

official business

insert

, other than postage for a bulk mail‑out