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Members of Parliament (Life Gold Pass) Act 2002

Authoritative Version
  • - C2012C00523
  • In force - Superseded Version
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Act No. 110 of 2002 as amended, taking into account amendments up to Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012
An Act about Life Gold Passes, and for other purposes
Administered by: Finance
Registered 04 Jul 2012
Start Date 01 Jul 2012
End Date 13 May 2014

Members of Parliament (Life Gold Pass) Act 2002

Act No. 110 of 2002 as amended

This compilation was prepared on 1 July 2012
taking into account amendments up to Act No. 4 of 2012

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—Introduction                                                                                                            1

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

2............ Commencement................................................................................... 1

3............ Simplified outline................................................................................ 2

4............ Definitions.......................................................................................... 3

4A......... Closing the Life Gold Pass scheme to new members.......................... 5

5............ Retirement from the Parliament........................................................... 6

6............ Death of sitting member...................................................................... 6

7............ When return trip is wholly within Australia........................................ 7

8............ Stop‑over does not affect continuity of trip......................................... 7

9............ When return trip is in a year etc........................................................... 7

9A......... Entitlement of spouses and de facto partners....................................... 8

9B......... Nomination of spouse or de facto partner........................................... 9

Part 2—Former Prime Ministers who have retired from the Parliament               10

10.......... Former Prime Ministers who have retired from the Parliament......... 10

Part 3—Former members                                                                                               12

11.......... Former members............................................................................... 12

Part 4—Spouses or de facto partners of sitting members                           14

12.......... Spouses or de facto partners of sitting members............................... 14

Part 5—Pro‑rata adjustments                                                                                      16

13.......... Simplified outline.............................................................................. 16

14.......... Pro‑rata adjustments.......................................................................... 16

Part 6—Disqualification of person convicted of a corruption offence 20

15.......... Simplified outline.............................................................................. 20

16.......... When this Part applies—superannuation order made in relation to a person convicted of a corruption offence       20

17.......... Consequences of order...................................................................... 21

18.......... Revocation of order........................................................................... 22

19.......... Revocation of order—compensatory travel....................................... 23

Part 7—Stop‑overs of more than 24 hours                                                           24

20.......... Simplified outline.............................................................................. 24

21.......... Stop‑over—general rule.................................................................... 24

22.......... Stop‑over by spouse or de facto partner of former Prime Minister... 24

23.......... Stop‑over by spouse or de facto partner of former member.............. 25

24.......... Stop‑over by spouse or de facto partner of sitting member............... 26

Part 8—Miscellaneous                                                                                                       27

25.......... Entitlement limited to travel............................................................... 27

26.......... Class of travel................................................................................... 27

27.......... Entitlements not transferable............................................................. 27

28.......... Entitlements cannot be carried forward etc........................................ 27

29.......... Use of official frequent flyer points.................................................. 27

30.......... Determinations of the Remuneration Tribunal................................... 28

31.......... Appropriation.................................................................................... 29

32.......... Compensation—constitutional safety net.......................................... 29

33.......... Unauthorised travel—recovery of expenses...................................... 29

34.......... Transitional period............................................................................ 30

35.......... Regulations....................................................................................... 30

Schedule 1—Transitional period                                                                                31

Part 1—Introduction                                                                                                          31

1............ Definition.......................................................................................... 31

2............ When return trip is in the transitional period..................................... 31

Part 2—Former Prime Ministers who have retired from the Parliament               32

3............ Transitional period............................................................................ 32

Part 3—Former members                                                                                               34

4............ Transitional period............................................................................ 34

5............ Adjustment—total number of domestic return trips in the financial year beginning on 1 July 2002         35

Part 4—Spouses of sitting members                                                                         37

6............ Transitional period............................................................................ 37

Part 5—Pro‑rata adjustments                                                                                      39

7............ Simplified outline.............................................................................. 39

8............ Pro‑rata adjustments.......................................................................... 39

Part 6—Entitlements cannot be carried forward                                             42

9............ Entitlements cannot be carried forward............................................. 42

Notes                                                                                                                                             43


An Act about Life Gold Passes, and for other purposes

Part 1Introduction

1  Short title [see Note 1]

                   This Act may be cited as the Members of Parliament (Life Gold Pass) Act 2002.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

2 December 2002

2.  Section 3

The 28th day after the day on which this Act receives the Royal Assent

30 December 2002

3.  Sections 4 to 8

The day on which this Act receives the Royal Assent

2 December 2002

4.  Section 9

The 28th day after the day on which this Act receives the Royal Assent

30 December 2002

5.  Parts 2, 3, 4 and 5

The 28th day after the day on which this Act receives the Royal Assent

30 December 2002

6.  Part 6

The day on which this Act receives the Royal Assent

2 December 2002

7.  Part 7

The 28th day after the day on which this Act receives the Royal Assent

30 December 2002

8.  Sections 25 to 31

The 28th day after the day on which this Act receives the Royal Assent

30 December 2002

9.  Sections 32 and 33

The day on which this Act receives the Royal Assent

2 December 2002

10.  Sections 34 and 35

The 28th day after the day on which this Act receives the Royal Assent

30 December 2002

11.  Schedule 1

The 28th day after the day on which this Act receives the Royal Assent

30 December 2002

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

3  Simplified outline

                   The following is a simplified outline of this Act:

•      This Act sets out the entitlements of holders of a Life Gold Pass.

•      The basic rules are as follows:

               (a)     a former Prime Minister is entitled to a maximum of 40 domestic return trips per year;

              (b)     other pass‑holders are entitled to a maximum of 10 domestic return trips per year.

•      This Act also deals with travel by:

               (a)     spouses or de facto partners of pass‑holders; and

              (b)     surviving spouses or de facto partners of deceased pass‑holders; and

               (c)     the spouses or de facto partners of sitting members who have satisfied the qualifying period for the issue of a Life Gold Pass.

•      If a superannuation order is made under the Crimes (Superannuation Benefits) Act 1989 in relation to a person convicted of a corruption offence, the person is disqualified from Life Gold Pass travel and severance travel.

Note:          A person who becomes a new member after the commencement of section 4A cannot be a holder of a Life Gold Pass.

4  Definitions

                   In this Act, unless the contrary intention appears:

Australia does not include an external Territory.

commercial purpose means a purpose relating to the derivation of financial gain or reward, whether as a board member, an office‑holder, an employee, a self‑employed person or otherwise.

convicted, when used in relation to a corruption offence, has the same meaning as in the Crimes (Superannuation Benefits) Act 1989.

corruption offence has the same meaning as in the Crimes (Superannuation Benefits) Act 1989.

de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.

domestic return trip means a return trip that is:

                     (a)  wholly within Australia; and

                     (b)  not for a commercial purpose; and

                     (c)  on a scheduled transport service or on a combination of scheduled transport services.

Note:          See also sections 7 and 8.

DPP means the Director of Public Prosecutions.

former member means a person who has retired from the Parliament.

holder of a Life Gold Pass means a former member who, on retirement from the Parliament, was qualified to hold a Life Gold Pass, but does not include a former member who cannot be a holder of a Life Gold Pass because of section 4A.

Note 1:       A person who retired from the Parliament after the commencement of this section may have been qualified to hold a Life Gold Pass under a determination of the Remuneration Tribunal.

Note 2:       A person who retired from the Parliament before the commencement of this section may have been qualified to hold a Life Gold Pass under a determination of the Remuneration Tribunal or under a scheme that was in existence under the executive power of the Commonwealth.

member means a member of either House of the Parliament.

parliamentary allowance has the same meaning as in the Parliamentary Superannuation Act 2004.

retirement from the Parliament has the meaning given by section 5.

scheduled transport service means:

                     (a)  a scheduled air service; or

                     (b)  a scheduled rail service; or

                     (c)  a scheduled bus service; or

                     (d)  a scheduled tram service; or

                     (e)  a scheduled ferry service; or

                      (f)  a scheduled vehicular service.

severance travel means travel at the expense of the Commonwealth under:

                     (a)  clause 8.1 of Determination 1998/26 (as amended) of the Remuneration Tribunal; or

                     (b)  the corresponding provision of another determination of the Remuneration Tribunal (whether made before or after the commencement of this section).

spouse, in relation to a person, means the person’s legally married husband or legally married wife.

stop‑over, in relation to a return trip, means a stop‑over in the forward or return part of the trip.

surviving spouse or de facto partner of a person who has died means a spouse or de facto partner of the person immediately before the person died who:

                     (a)  was named in a nomination in force under section 9B; or

                     (b)  if the person died while a member and satisfied the relevant qualifying period for the issue of a Life Gold Pass before his or her death—was named in a nomination in force for the purposes of a travel entitlement administered by the Department; or

                     (c)  if different spouses or de facto partners are named in nominations in force under paragraphs (a) and (b)—the spouse or de facto partner named in the most recent nomination.

year means:

                     (a)  the financial year beginning on 1 July 2003; or

                     (b)  a later financial year.

4A  Closing the Life Gold Pass scheme to new members

             (1)  A former member cannot become a holder of a Life Gold Pass if the first time that the former member became entitled to a parliamentary allowance was at or after the commencement of this section.

             (2)  A former member who has been entitled to a parliamentary allowance before the commencement of this section cannot become a holder of a Life Gold Pass if, immediately before that commencement, the former member:

                     (a)  was not a holder of a Life Gold Pass; and

                     (b)  was not entitled to a parliamentary allowance.

             (3)  A former member who was entitled to a parliamentary allowance immediately before the commencement of this section cannot become a holder of a Life Gold Pass if:

                     (a)  at or after that commencement, the former member ceased to be entitled to a parliamentary allowance; and

                     (b)  the former member was not a holder of a Life Gold Pass at the time of that cessation.

             (4)  For the purposes of subsections (2) and (3), if a person:

                     (a)  ceased to be a member of the House of Representatives upon the dissolution or expiration of that House; and

                     (b)  was elected as a member of the Senate within 3 months after so ceasing to be a member of the House of Representatives;

then the person is taken to have been entitled to a parliamentary allowance from the time of so ceasing to be a member of the House of Representatives until the time the person first becomes entitled to a parliamentary allowance after being so elected as a member of the Senate.

             (5)  For the purposes of subsections (2) and (3), if a person:

                     (a)  resigned as a member of the Senate; and

                     (b)  was elected as a member of the House of Representatives within 3 months after the resignation;

then the person is taken to have been entitled to a parliamentary allowance from the time the person resigned as a member of the Senate until the time the person was elected as a member of the House of Representatives.

             (6)  For the purposes of subsections (4) and (5), a person who is elected as a result of a polling is taken to be elected on the polling day.

5  Retirement from the Parliament

             (1)  For the purposes of this Act, a person retires from the Parliament when the person ceases to be a member.

             (2)  For the purposes of subsection (1), a person is taken not to have ceased to be a member while he or she continues to be entitled to the Parliamentary allowance that was payable to him or her as a member.

             (3)  This Act applies to retirement from the Parliament, whether the retirement occurs before, at or after the commencement of this section.

6  Death of sitting member

                   For the purposes of this Act, if:

                     (a)  a person dies while a member (whether the death occurs before, at or after the commencement of this section); and

                     (b)  immediately before his or her death, the person satisfied the relevant qualifying period for the issue of a Life Gold Pass;

the person is taken:

                     (c)  to have retired from the Parliament at the time of his or her death; and

                     (d)  to have been qualified to hold a Life Gold Pass on retirement from the Parliament.

7  When return trip is wholly within Australia

                   For the purposes of this Act, a return trip is wholly within Australia if, and only if:

                     (a)  the trip begins at a place (the starting place) within Australia; and

                     (b)  the destination is a place within Australia; and

                     (c)  each stop‑over (if any) is at a place within Australia; and

                     (d)  the trip ends at the starting place.

8  Stop‑over does not affect continuity of trip

                   For the purposes of this Act, a stop‑over in a return trip does not affect the continuity of the forward or return part of the return trip.

Note:          See also Part 7.

9  When return trip is in a year etc.

Year

             (1)  For the purposes of this Act, if a return trip begins in a particular year, the trip is taken to be in that year (even if the trip is completed after the end of that year).

Surviving spouse or de facto partner

             (2)  Subsection (1) does not apply for the purposes of determining the entitlements of the surviving spouse or de facto partner of a former member.

             (3)  If:

                     (a)  the surviving spouse or de facto partner of a former member has entitlements under this Act in relation to:

                              (i)  the 12‑month period beginning at the time of the death of the former member or the commencement of this section, whichever is the later; and

                             (ii)  each succeeding 12‑month period; and

                     (b)  the surviving spouse or de facto partner begins a return trip in one of those 12‑month periods;

the trip is taken to be in that 12‑month period (even if the trip is completed after the end of that 12‑month period).

             (4)  If the surviving spouse or de facto partner of a former member has entitlements under this Act only in relation to:

                     (a)  the 12‑month period beginning at the time of the death of the former member or the commencement of this section, whichever is the later; and

                     (b)  the next succeeding 12‑month period;

then:

                     (c)  if the surviving spouse or de facto partner begins a return trip in the period mentioned in paragraph (a)—the trip is taken to be in that period, so long as the trip is completed before the end of the period mentioned in paragraph (b); and

                     (d)  if the surviving spouse or de facto partner begins a return trip in the period mentioned in paragraph (b)—the trip is taken to be in that period, so long as the trip is completed before the end of that period.

9A  Entitlement of spouses and de facto partners

             (1)  In order for a spouse or de facto partner of a person to be entitled to domestic return trips under this Act, there must be a nomination in force under section 9B in relation to the spouse or de facto partner.

             (2)  Only one spouse or de facto partner of a person may be nominated at any time.

9B  Nomination of spouse or de facto partner

             (1)  A person who has a spouse or de facto partner may nominate the spouse or de facto partner as the spouse or de facto partner who is entitled to domestic return trips under this Act.

             (2)  The nomination must:

                     (a)  be in writing; and

                     (b)  name the spouse or de facto partner; and

                     (c)  specify the day (the start day) from which the spouse or de facto partner is to be entitled to domestic return trips under this Act.

             (3)  The start day may be earlier than the day the nomination is made but must not be earlier than the day on which the spouse or de facto partner became the spouse or de facto partner of the person.

             (4)  The nomination is in force during the period:

                     (a)  beginning on the start day; and

                     (b)  ending on the earlier of:

                              (i)  the day the person makes a written revocation of the nomination; or

                             (ii)  if the person makes a subsequent nomination naming another spouse or de facto partner of the person—the day before the start day for the subsequent nomination.

             (5)  If the start day for a subsequent nomination naming another spouse or de facto partner of a person includes a period during which a previously nominated spouse or de facto partner of the person took one or more domestic return trips, then, despite section 9A, the previously nominated spouse or de facto partner is taken to have been entitled to those domestic return trips.

Note:          Under section 14, the total trips that may be taken by the subsequently nominated spouse or de facto partner in the year in which the start day occurs cannot exceed the number of trips left untaken in that year by the previously nominated spouse or de facto partner.


 

Part 2Former Prime Ministers who have retired from the Parliament

  

10  Former Prime Ministers who have retired from the Parliament

             (1)  The following table has effect:

 

Entitlements

Item

This person...

is entitled to...

1

a former Prime Minister who:

(a) has retired from the Parliament; and

(b) is the holder of a Life Gold Pass

a maximum of 40 domestic return trips per year.

2

the spouse or de facto partner of a former Prime Minister, where the former Prime Minister:

(a) has retired from the Parliament; and

(b) is the holder of a Life Gold Pass

a maximum of 40 domestic return trips per year, so long as no more than 10 of those trips are non‑accompanying/joining trips (as defined by subsection (3)).

3

the surviving spouse or de facto partner of a former Prime Minister

the following:

(a) a maximum of 10 domestic return trips in the 12‑month period beginning at the time of the death of the former Prime Minister or the commencement of this section, whichever is later;

(b) a maximum of 10 domestic return trips in each of the next 4 succeeding 12‑month periods;

(c)  a maximum of 5 domestic return trips in each subsequent succeeding 12‑month period.

Pro‑rata adjustments

             (2)  Subsection (1) has effect subject to section 14 (pro‑rata adjustments).

Non‑accompanying/joining trip

             (3)  For the purposes of this section, a domestic return trip by the spouse or de facto partner of a former Prime Minister is a non‑accompanying/joining trip if the trip is not for the purpose of accompanying or joining the former Prime Minister.


 

Part 3Former members

  

11  Former members

Scope

             (1)  This section applies if a former member never held office as Prime Minister.

Entitlements

             (2)  The following table has effect:

 

Entitlements

Item

This person...

is entitled to...

1

a former member who is the holder of a Life Gold Pass

a maximum of 10 domestic return trips per year.

2

the spouse or de facto partner of a former member, where the former member is the holder of a Life Gold Pass

a maximum of 10 domestic return trips per year, so long as each trip is for the purpose of accompanying or joining the former member.

3

the surviving spouse or de facto partner of a former member, where the former member:

(a) was the holder of a Life Gold Pass at the time of his or her death; and

(b) died after the commencement of this section

the following:

(a) a maximum of 10 domestic return trips in the 12‑month period beginning at the time of the death of the former member;

(b) a maximum of 5 domestic return trips in the next succeeding 12‑month period;

so long as each trip is completed before the end of that next succeeding 12‑month period.

4

the surviving spouse or de facto partner of a former member, where the former member:

(a) retired from the Parliament on or after 1 June 1976; and

(b) was the holder of a Life Gold Pass at the time of his or her death; and

(c)  died during the 12‑month period preceding the commencement of this section

the following:

(a) a maximum of 10 domestic return trips in the 12‑month period beginning at the commencement of this section;

(b) a maximum of 5 domestic return trips in the next succeeding 12‑month period;

so long as each trip is completed before the end of that next succeeding 12‑month period.

5

the surviving spouse or de facto partner of a former member, where the former member:

(a) retired from the Parliament before 1 June 1976; and

(b) was the holder of a Life Gold Pass at the time of his or her death; and

(c)  died before the commencement of this section

 

the following:

(a) a maximum of 10 domestic return trips in the 12‑month period beginning at the commencement of this section;

(b) a maximum of 10 domestic return trips in each of the next 4 succeeding 12‑month periods;

(c)  a maximum of 5 domestic return trips in each subsequent succeeding 12‑month period.

Pro‑rata adjustments

             (3)  Subsection (2) has effect subject to section 14 (pro‑rata adjustments).


 

Part 4Spouses or de facto partners of sitting members

  

12  Spouses or de facto partners of sitting members

Scope

             (1)  This section applies if a member has satisfied the relevant qualifying period for the issue of a Life Gold Pass.

Entitlements

             (2)  The following table has effect:

 

Entitlements

Item

This person...

is entitled to...

1

the spouse or de facto partner of the Prime Minister

a maximum of 40 domestic return trips to Canberra per year, so long as each trip is for the purpose of accompanying or joining the Prime Minister.

2

the spouse or de facto partner of a member, where the member has held office as Prime Minister

a maximum of 40 domestic return trips to Canberra per year, so long as each trip is for the purpose of accompanying or joining the member.

3

the spouse or de facto partner of a member, where the member never held office as Prime Minister

a maximum of 10 domestic return trips to Canberra per year, so long as each trip is for the purpose of accompanying or joining the member.

Pro‑rata adjustments

             (3)  Subsection (2) has effect subject to section 14 (pro‑rata adjustments).

Additional entitlements

             (4)  Entitlements under subsection (2) are in addition to:

                     (a)  any entitlements under a determination of the Remuneration Tribunal that do not relate to qualification for a Life Gold Pass; or

                     (b)  any entitlements under the Parliamentary Entitlements Act 1990.


 

Part 5Pro‑rata adjustments

  

13  Simplified outline

                   The following is a simplified outline of this Part:

•      This Part adjusts entitlements in the following situations:

               (a)     a pro‑rata adjustment where a member retires during a year;

              (b)     a pro‑rata adjustment where a person becomes the spouse or de facto partner of a former member or member during a year;

               (c)     a pro‑rata adjustment where, during a year, a member satisfies the relevant qualifying period for the issue of a Life Gold Pass.

14  Pro‑rata adjustments

             (1)  The following table has effect:

 

Pro‑rata adjustment

Item

For the purposes of the application of...

if the following condition is satisfied...

the item has effect for that year as if the number of domestic return trips specified in the item were the number worked out under subsection (2), where the remaining period begins on...

1

item 1 of a table in Part 2 or 3 to a former member

the former member retires from the Parliament during a year

the day after the day on which the former member retires from the Parliament.

2

item 2 of a table in Part 2 or 3 to a person who is the spouse or de facto partner of a former member

either or both of the following happens during a year:

(a) there is a start day for a nomination under section 9B of the person as the spouse or de facto partner of the former member at a time when the former member was retired from the Parliament;

(b) the former member retires from the Parliament.

whichever is the later of the following days:

(a) the start day for the nomination under section 9B;

(b) the day after the day on which the former member retires from the Parliament.

3

item 1, 2 or 3 of a table in Part 4 to a person who is the spouse or de facto partner of a member

either or both of the following happens during a year:

(a) there is a start day for a nomination under section 9B of the person as the spouse or de facto partner of the former member;

(b) the member first satisfies the relevant qualifying period for the issue of a Life Gold Pass

whichever is the later of the following days:

(a) the start day for the nomination under section 9B;

(b) the day on which the member first satisfied the relevant qualifying period for the issue of a Life Gold Pass.

Pro‑rating of entitlement

             (2)  The number of domestic return trips for the purposes of the table is the lower of:

                     (a)  the number of trips worked out using the formula in subsection (2A); and

                     (b)  the difference between:

                              (i)  the maximum number of trips specified in the relevant item of the table in Part 2, 3 or 4 for a spouse or de facto partner of the member or former member; and

                             (ii)  the number of trips (if any) already taken in the year by a spouse or de facto partner of the member or former member previously nominated under section 9B.

          (2A)  For the purposes of paragraph (2)(a), the formula is:

where:

remaining period means the period:

                     (a)  beginning on the day worked out using the table; and

                     (b)  ending at the end of the year.

             (3)  A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half‑way between 2 whole numbers).


 

Part 6Disqualification of person convicted of a corruption offence

  

15  Simplified outline

                   The following is a simplified outline of this Part:

•      If a superannuation order is made under the Crimes (Superannuation Benefits) Act 1989 in relation to a person convicted of a corruption offence, the person is disqualified from Life Gold Pass travel and severance travel.

16  When this Part applies—superannuation order made in relation to a person convicted of a corruption offence

Scope

             (1)  This Part applies to a person if:

                     (a)  a superannuation order is or was made in relation to the person under the Crimes (Superannuation Benefits) Act 1989 on or after 11 June 2002; and

                     (b)  the order relates to the person’s conviction of a corruption offence that was committed when the person was a member; and

                     (c)  the order was not revoked before the commencement of this Part.

DPP to notify order to the Minister

             (2)  As soon as practicable after the order is made, the DPP must give written notice of the fact to the Minister.

Pre‑commencement orders

             (3)  If the order was made before the commencement of this Part, this Part has effect as if the order had been made immediately after the commencement of this Part.

17  Consequences of order

                   The following table has effect:

 

Consequences of order

Item

If...

the consequence of the making of the order is that...

1

the person was the holder of a Life Gold Pass when the order was made

the person is taken to have ceased to be the holder of a Life Gold Pass and, if a Life Gold Pass had been issued to the person before the order was made:

(a) the Life Gold Pass is cancelled; and

(b) the person must return the Life Gold Pass to the Minister within 14 days after the order was made.

2

both of the following conditions are satisfied:

(a) the person was not the holder of a Life Gold Pass when the order was made;

(b) the person had satisfied the relevant qualifying period for the issue of a Life Gold Pass when the order was made

the person is taken to have ceased to satisfy the relevant qualifying period for the issue of a Life Gold Pass.

3

the following conditions are satisfied:

(a) the person was not the holder of a Life Gold Pass when the order was made;

(b) the person had not satisfied the relevant qualifying period for the issue of a Life Gold Pass when the order was made

the person is incapable of satisfying the relevant qualifying period for the issue of a Life Gold Pass.

4

the person is not the holder of a Life Gold Pass

the person is not entitled to severance travel.

18  Revocation of order

DPP to notify revocation to the Minister

             (1)  If the order is revoked, the DPP must give written notice of the fact to the Minister.

Effect of revocation of order

             (2)  If the order is revoked, the following table has effect:

 

Effect of revocation

Item

If...

the effect of the revocation of the order is that...

1

the person’s Life Gold Pass was cancelled under item 1 of the table in section 17

the Life Gold Pass is to be restored to the person as soon as practicable.

2

the person was the holder of a Life Gold Pass when the order was made

the person is taken to have resumed being the holder of a Life Gold Pass.

3

both of the following conditions are satisfied:

(a) the person was not the holder of a Life Gold Pass when the order was made;

(b) the person had satisfied the relevant qualifying period for the issue of a Life Gold Pass when the order was made

the person is taken to have resumed satisfying the relevant qualifying period for the issue of a Life Gold Pass.

4

the following conditions are satisfied:

(a) the person was not the holder of a Life Gold Pass when the order was made;

(b) the person had not satisfied the relevant qualifying period for the issue of a Life Gold Pass when the order was made

item 3 of the table in section 17 is to be disregarded in determining whether the person satisfies the relevant qualifying period for the issue of a Life Gold Pass.

5

the person is not the holder of a Life Gold Pass

the person is taken to have resumed his or her entitlement to severance travel, but the period during which the person is eligible for severance travel is extended by one day for each day in the period:

(a) beginning when the order was made; and

(b) ending when the order was revoked.

19  Revocation of order—compensatory travel

             (1)  If the order is revoked, the following table has effect:

 

Compensatory travel entitlements

Item

If, at the time of revocation...

the Minister may determine in writing that...

1

The person is a former member

in addition to any other entitlements of the person, the person is entitled to such number of additional domestic return trips as the Minister considers to be fair recompense to the person.

2

The person is a former member, and has a spouse or de facto partner

in addition to any other entitlements of the spouse or de facto partner, the spouse or de facto partner is entitled to such number of additional domestic return trips as the Minister considers to be fair recompense to the spouse or de facto partner, so long as each additional trip is for the purpose of accompanying or joining the former member.

             (2)  If a determination under subsection (1) is made before the 28th day after the day on which this Act receives the Royal Assent, the determination takes effect on that 28th day.


 

Part 7Stop‑overs of more than 24 hours

  

20  Simplified outline

                   The following is a simplified outline of this Part:

•      If a person’s domestic return trip has a stop‑over that is longer than 24 hours, the person is taken to have completed an additional 0.5 domestic return trips.

21  Stop‑over—general rule

                   For the purposes of this Act, if:

                     (a)  a former member, or the surviving spouse or de facto partner of a former member, undertakes a domestic return trip; and

                     (b)  the return trip uses an entitlement of the former member, or the surviving spouse or de facto partner, as the case may be, under this Act; and

                     (c)  there are one or more stop‑overs that satisfy the following conditions:

                              (i)  the stop‑over is longer than 24 hours;

                             (ii)  none of the circumstances surrounding the stop‑over are circumstances of a kind declared by the regulations to be exceptional circumstances;

then, for each such stop‑over, the former member, or the surviving spouse or de facto partner, as the case may be, is taken to have completed an additional 0.5 domestic return trips at the time when the return trip was completed.

22  Stop‑over by spouse or de facto partner of former Prime Minister

                   For the purposes of this Act, if:

                     (a)  the spouse or de facto partner of a former Prime Minister undertakes a domestic return trip; and

                     (b)  the former Prime Minister has retired from the Parliament; and

                     (c)  the return trip uses an entitlement of the spouse or de facto partner under this Act; and

                     (d)  there are one or more stop‑overs that satisfy the following conditions:

                              (i)  the stop‑over is longer than 24 hours;

                             (ii)  none of the circumstances surrounding the stop‑over are circumstances of a kind declared by the regulations to be exceptional circumstances;

then, for each such stop‑over, the spouse or de facto partner is taken to have completed an additional 0.5 domestic return trips:

                     (e)  at the time when the return trip was completed; and

                      (f)  if the return trip was for the purpose of accompanying or joining the former Prime Minister—for that purpose; and

                     (g)  if the return trip was not for the purpose of accompanying or joining the former Prime Minister—otherwise than for the purpose of accompanying or joining the former Prime Minister.

23  Stop‑over by spouse or de facto partner of former member

                   For the purposes of this Act, if:

                     (a)  the spouse or de facto partner of a former member undertakes a domestic return trip; and

                     (b)  the former member never held office as Prime Minister; and

                     (c)  the return trip uses an entitlement of the spouse or de facto partner under this Act; and

                     (d)  there are one or more stop‑overs that satisfy the following conditions:

                              (i)  the stop‑over is longer than 24 hours;

                             (ii)  none of the circumstances surrounding the stop‑over are circumstances of a kind declared by the regulations to be exceptional circumstances;

then, for each such stop‑over, the spouse or de facto partner is taken to have completed an additional 0.5 domestic return trips:

                     (e)  at the time when the return trip was completed; and

                      (f)  for the purpose of accompanying or joining the former member.

24  Stop‑over by spouse or de facto partner of sitting member

                   For the purposes of this Act, if:

                     (a)  the spouse or de facto partner of a member undertakes a domestic return trip to Canberra; and

                     (b)  the return trip uses an entitlement of the spouse or de facto partner under this Act; and

                     (c)  there are one or more stop‑overs that satisfy the following conditions:

                              (i)  the stop‑over is longer than 24 hours;

                             (ii)  none of the circumstances surrounding the stop‑over are circumstances of a kind declared by the regulations to be exceptional circumstances;

then, for each such stop‑over, the spouse or de facto partner is taken to have completed an additional 0.5 domestic return trips to Canberra:

                     (d)  at the time when the return trip was completed; and

                     (e)  for the purpose of accompanying or joining the member.


 

Part 8Miscellaneous

  

25  Entitlement limited to travel

                   A person’s entitlement under this Act to a domestic return trip is limited to travel at the expense of the Commonwealth on the scheduled transport service or services concerned.

26  Class of travel

                   Travel under this Act on a domestic return trip is to be at the same class of travel determined from time to time by the Remuneration Tribunal for a member.

27  Entitlements not transferable

                   A person’s entitlement to travel under this Act cannot be transferred to, or used by, another person.

28  Entitlements cannot be carried forward etc.

             (1)  If a person has entitlements under this Act in relation to a particular year, an unused entitlement cannot be carried forward from that year to a later year.

             (2)  If the surviving spouse or de facto partner of a former member has entitlements under this Act in relation to a particular 12‑month period, an unused entitlement cannot be carried forward from that 12‑month period to a later 12‑month period.

             (3)  A person’s entitlement to travel under this Act cannot be used or anticipated before the year or period in which the entitlement accrues.

29  Use of official frequent flyer points

             (1)  If:

                     (a)  a person has accrued frequent flyer points as a result of travel at the expense of the Commonwealth; and

                     (b)  as a result of a choice by the person, any or all of those points are used to enable the person, or the person’s spouse or de facto partner, to travel on a domestic return trip; and

                     (c)  if the points had not been used, the traveller would have been entitled to the return trip under this Act;

the traveller is taken to have used an entitlement under this Act in relation to the return trip.

             (2)  This section applies to frequent flyer points accrued before, at or after the commencement of this section.

30  Determinations of the Remuneration Tribunal

Inconsistency

             (1)  A determination of the Remuneration Tribunal has no effect to the extent to which it is inconsistent with this Act.

Qualification for a Life Gold Pass

             (2)  A determination of the Remuneration Tribunal is to make provision for the circumstances in which a member will, on retirement from the Parliament, qualify for a Life Gold Pass.

             (3)  A determination may provide for different circumstances for different kinds of members.

Pre‑commencement trips

             (4)  This Act (other than Part 6) does not affect an entitlement under a determination of the Remuneration Tribunal in relation to a return trip that began before the commencement of this section (even if the trip is completed after the commencement of this section).

Severance travel

             (5)  This Act (other than Part 6) does not affect:

                     (a)  clauses 8.1 to 8.6 of Determination 1998/26 (as amended) of the Remuneration Tribunal; or

                     (b)  the corresponding provisions of another determination of the Remuneration Tribunal (whether made before or after the commencement of this section).

31  Appropriation

                   The cost of travel under this Act is to be paid out of the Consolidated Revenue Fund, which is appropriated for the purpose.

32  Compensation—constitutional safety net

             (1)  If:

                     (a)  the operation of this Act would result in the acquisition of property otherwise than on just terms; and

                     (b)  the acquisition would not be valid, apart from this section, because a particular person has not been compensated;

the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

33  Unauthorised travel—recovery of expenses

             (1)  If:

                     (a)  a person travels at the expense of the Commonwealth; and

                     (b)  the travel is purportedly authorised under:

                              (i)  this Act; or

                             (ii)  paragraph 2.25(b) or clause 7.1, 7.4 or 7.5 of Determination 1998/26 (as amended) of the Remuneration Tribunal, or a corresponding provision of another determination of the Remuneration Tribunal made before the commencement of this section; or

                            (iii)  clause 8.1 of Determination 1998/26 (as amended) of the Remuneration Tribunal, or a corresponding provision of another determination of the Remuneration Tribunal (whether made before or after the commencement of this section); and

                     (c)  the person was not eligible to travel at the expense of the Commonwealth;

the person is liable to pay to the Commonwealth an amount equal to the amount of the expenses incurred by the Commonwealth.

Action for recovery of expenses

             (2)  The amount may be recovered, as a debt due to the Commonwealth by the person, by action in a court of competent jurisdiction.

Transitional—subparagraph (1)(b)(ii)

             (3)  Subparagraph (1)(b)(ii) does not apply to travel that occurred after the commencement of section 30 unless the travel is part of a return trip that began before the commencement of that section.

34  Transitional period

                   Schedule 1 has effect.

35  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Schedule 1Transitional period

Note:       See section 34

Part 1Introduction

  

1  Definition

                   In this Schedule:

transitional period means the period:

                     (a)  beginning on the 28th day after the day on which this Act receives the Royal Assent; and

                     (b)  ending on 30 June 2003.

2  When return trip is in the transitional period

                   For the purposes of this Act, if a return trip begins in the transitional period, the trip is taken to be in the transitional period (even if the trip is completed after the end of the transitional period).


 

Part 2Former Prime Ministers who have retired from the Parliament

  

3  Transitional period

Entitlements

             (1)  The following table has effect:

 

Entitlements

Item

This person...

is entitled to...

1

a former Prime Minister who:

(a) has retired from the Parliament; and

(b) is the holder of a Life Gold Pass

a maximum of N domestic return trips in the transitional period (where N is the transitional number).

2

the spouse of a former Prime Minister, where the former Prime Minister:

(a) has retired from the Parliament; and

(b) is the holder of a Life Gold Pass

a maximum of N domestic return trips in the transitional period (where N is the transitional number), so long as no more than 10 of those trips are non‑accompanying/joining trips (as defined by subclause (5)).

Pro‑rata adjustments

             (2)  Subclause (1) has effect subject to clause 8 (pro‑rata adjustments).

Transitional number

             (3)  For the purposes of this clause, the transitional number is the number worked out using the formula:

             (4)  A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half‑way between 2 whole numbers).

Non‑accompanying/joining trip

             (5)  For the purposes of this clause, a domestic return trip by the spouse of a former Prime Minister is a non‑accompanying/joining trip if the trip is not for the purpose of accompanying or joining the former Prime Minister.


 

Part 3Former members

  

4  Transitional period

Scope

             (1)  This clause applies if a former member never held office as Prime Minister.

Entitlements

             (2)  The following table has effect:

 

Entitlements

Item

This person...

is entitled to...

1

a former member who is the holder of a Life Gold Pass

a maximum of N domestic return trips in the transitional period (where N is the transitional number).

2

the spouse of a former member, where the former member is the holder of a Life Gold Pass

a maximum of N domestic return trips in the transitional period (where N is the transitional number), so long as each trip is for the purpose of accompanying or joining the former member.

Pro‑rata adjustments

             (3)  Subclause (2) has effect subject to:

                     (a)  clause 5 (total number of domestic return trips); and

                     (b)  clause 8 (pro‑rata adjustments).

Transitional number

             (4)  For the purposes of this clause, the transitional number is the number worked out using the formula:

             (5)  A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half‑way between 2 whole numbers).

5  Adjustment—total number of domestic return trips in the financial year beginning on 1 July 2002

Scope

             (1)  This clause applies if:

                     (a)  a former member retired from the Parliament before the commencement of this clause; and

                     (b)  the former member became the holder of a Life Gold Pass on retirement from the Parliament; and

                     (c)  if this Act had not been enacted, the former member would have been entitled to travel, at the expense of the Commonwealth, up to a maximum of 25 domestic return trips (or a pro‑rata rounded number of domestic return trips) in the financial year beginning on 1 July 2002; and

                     (d)  the former member never held office as Prime Minister.

Former member

             (2)  The total number of domestic return trips which the former member may undertake in that financial year in his or her capacity of holder of a Life Gold Pass must not exceed 25, or the pro‑rata rounded number, as the case requires.

Spouse of former member

             (3)  The total number of domestic return trips which the spouse of the former member may undertake in that financial year in his or her capacity of spouse of a holder of a Life Gold Pass must not exceed 25, or the pro‑rata rounded number, as the case requires.

When return trip is in a financial year

             (4)  For the purposes of this clause, if a return trip begins in a particular financial year, the trip is taken to be in that year (even if the trip is completed after the end of that year).


 

Part 4Spouses of sitting members

  

6  Transitional period

Scope

             (1)  This clause applies if a member has satisfied the relevant qualifying period for the issue of a Life Gold Pass.

Entitlements

             (2)  The following table has effect:

 

Entitlements

Item

This person...

is entitled to...

1

the spouse of the Prime Minister

a maximum of N domestic return trips to Canberra in the transitional period (where N is the first transitional number), so long as each trip is for the purpose of accompanying or joining the Prime Minister.

2

the spouse of a member, where the member has held office as Prime Minister

a maximum of N domestic return trips to Canberra in the transitional period (where N is the first transitional number), so long as each trip is for the purpose of accompanying or joining the member.

3

the spouse of a member, where the member never held office as Prime Minister

a maximum of N domestic return trips to Canberra in the transitional period (where N is the second transitional number), so long as each trip is for the purpose of accompanying or joining the member.

Pro‑rata adjustments

             (3)  Subclause (2) has effect subject to clause 8 (pro‑rata adjustments).

Additional entitlements

             (4)  Entitlements under subclause (2) are in addition to:

                     (a)  any entitlements under a determination of the Remuneration Tribunal that do not relate to qualification for a Life Gold Pass; or

                     (b)  any entitlements under the Parliamentary Entitlements Act 1990.

First transitional number

             (5)  For the purposes of this clause, the first transitional number is the number worked out using the formula:

             (6)  A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half‑way between 2 whole numbers).

Second transitional number

             (7)  For the purposes of this clause, the second transitional number is the number worked out using the formula:

             (8)  A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half‑way between 2 whole numbers).


 

Part 5Pro‑rata adjustments

  

7  Simplified outline

                   The following is a simplified outline of this Part:

•      This Part adjusts entitlements in the following situations:

               (a)     a pro‑rata adjustment where a member retires during the transitional period;

              (b)     a pro‑rata adjustment where a person becomes the spouse of a former member or member during the transitional period;

               (c)     a pro‑rata adjustment where, during the transitional period, a member satisfies the relevant qualifying period for the issue of a Life Gold Pass.

8  Pro‑rata adjustments

             (1)  The following table has effect:

 

Pro‑rata adjustment

Item

For the purposes of the application of...

if the following condition is satisfied...

the item has effect for the transitional period as if the number of domestic return trips specified in the item were the number worked out using the pro‑rating formula in subclause (2), where the remaining period begins on...

1

item 1 of a table in Part 2 or 3 of this Schedule to a former member

the former member retires from the Parliament during the transitional period

the day after the day on which the former member retires from the Parliament.

2

item 2 of a table in Part 2 or 3 of this Schedule to a person who is the spouse of a former member

either or both of the following events happens during the transitional period:

(a) the person becomes the spouse of the former member at a time when the former member was retired from the Parliament;

(b) the former member retires from the Parliament.

whichever is the later of the following days:

(a) the day on which the person become the spouse of the former member;

(b) the day after the day on which the former member retires from the Parliament.

3

item 1, 2 or 3 of a table in Part 4 of this Schedule to a person who is the spouse of a member

either or both of the following events happens during the transitional period:

(a) the person becomes the spouse of the member;

(b) the member first satisfies the relevant qualifying period for the issue of a Life Gold Pass

whichever is the later of the following days:

(a) the day on which the person became the spouse of the member;

(b) the day on which the member first satisfied the relevant qualifying period for the issue of a Life Gold Pass.

Pro‑rating formula

             (2)  The pro‑rating formula is:

where:

remaining period means the period:

                     (a)  beginning on the day worked out using the table; and

                     (b)  ending at the end of the transitional period.

             (3)  A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half‑way between 2 whole numbers).


 

Part 6Entitlements cannot be carried forward

  

9  Entitlements cannot be carried forward

                   If a person has entitlements under this Act in relation to the transitional period, an unused entitlement cannot be carried forward from the transitional period to a year.


Notes to the Members of Parliament (Life Gold Pass) Act 2002

Note 1

The Members of Parliament (Life Gold Pass) Act 2002 as shown in this compilation comprises Act No. 110, 2002 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Members of Parliament (Life Gold Pass) Act 2002

110, 2002

2 Dec 2002

Ss. 3, 9–14, 20–31, 34, 35  and Schedule 1: 30 Dec 2002
Remainder: Royal Assent

 

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

144, 2008

9 Dec 2008

Schedule 7 (items 16–48): 10 Dec 2008

Sch. 7 (item 48)

Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012

4, 2012

6 Mar 2012

Schedule 1 (items 1, 6–8): 1 July 2012
Schedule 1 (items 2–5, 9, 10): Royal Assent

Sch. 1 (items
8–10)


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; No. 4, 2012

Note to s. 3.........................

ad. No. 4, 2012

S. 4......................................

am. No. 144, 2008; No. 4, 2012

S. 4A....................................

ad. No. 4, 2012

Subhead. to s. 9(2).............

rs. No. 144, 2008

S. 9......................................

am. No. 144, 2008

S. 9A....................................

ad. No. 144, 2008

S. 9B....................................

ad. No. 144, 2008

Part 2

 

S. 10....................................

am. No. 144, 2008

Part 3

 

S. 11....................................

am. No. 144, 2008; No. 4, 2012

Part 4

 

Heading to Part 4...............

rs. No. 144, 2008

Heading to s. 12.................

am. No. 144, 2008

S. 12....................................

am. No. 144, 2008; No. 4, 2012

Part 5

 

S. 13....................................

am. No. 144, 2008

S. 14....................................

am. No. 144, 2008

Part 6

 

S. 19....................................

am. No. 144, 2008

Part 7

 

S. 21....................................

am. No. 144, 2008

Heading to s. 22.................

am. No. 144, 2008

S. 22....................................

am. No. 144, 2008

Heading to s. 23.................

am. No. 144, 2008

S. 23....................................

am. No. 144, 2008

Heading to s. 24.................

am. No. 144, 2008

S. 24....................................

am. No. 144, 2008

Part 8

 

S. 28....................................

am. No. 144, 2008

S. 29....................................

am. No. 144, 2008


Table A

Application, saving or transitional provisions

Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 (No. 144, 2008)

Schedule 7

48  Transitional and application provision for amendments of the Members of Parliament (Life Gold Pass) Act 2002

Spouses entitled before commencement

(1)       If, immediately before the commencement of the amendments of the Members of Parliament (Life Gold Pass) Act 2002 made by this Schedule, the spouse of a person was entitled to domestic return trips under that Act, the following provisions of that Act apply as if the spouse were nominated under section 9B of that Act:

                     (a)  sections 9A and 9B;

                     (b)  the definition of surviving spouse or de facto partner in section 4.

(2)       Subitem (1) does not prevent a person from revoking a nomination, or giving a subsequent nomination, under section 9B of that Act.

Spouses or de facto partners who become entitled on commencement

(3)        If:

                     (a)  on or after the commencement of the amendments of the Members of Parliament (Life Gold Pass) Act 2002 made by this Schedule, a person makes a nomination under section 9B of that Act; and

                     (b)  the nomination names someone who was the spouse or de facto partner of the person on the day on which the amendments commenced;

the start day for the nomination cannot be earlier than the day on which the amendments commenced.

Application of amendments to surviving spouses or de facto partners

(4)        The amendments of the Members of Parliament (Life Gold Pass) Act 2002 made by this Schedule apply in relation to entitlements to domestic return trips for the surviving spouse or de facto partner of a person if the person’s death occurs on or after the commencement of the amendments.

Application of amendments to widows and widowers

(5)       If, immediately before the commencement of the amendments of the Members of Parliament (Life Gold Pass) Act 2002 made by this Schedule, a person was the widow of a deceased man or the widower of a deceased woman within the meaning of that Act, the person is, after commencement, taken to be the surviving spouse or de facto partner of the man or woman within the meaning of that Act as amended.

 

Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012 (No. 4, 2012)

Schedule 1

8  Application of items 6 and 7

To avoid doubt:

                     (a)  item 6 of this Schedule applies to every former member who is a holder of a Life Gold Pass, and the spouse or de facto partner of such a member, whether the former member became a holder of a Life Gold Pass before, on or after the commencement of that item; and

                     (b)  item 7 of this Schedule applies to the spouse or de facto partner of every member who:

                              (i)  has never held office as Prime Minister; and

                             (ii)  has satisfied the relevant qualifying period for the issue of a Life Gold Pass;

                            whether the member satisfied those requirements before, on or after the commencement of that item.

9  Entitlements for the transition period

(1)       Despite subsections 11(2) and 12(2) of the Members of Parliament (Life Gold Pass) Act 2002, if:

                     (a)  under table item 1 or 2 of subsection 11(2) or table item 3 of subsection 12(2) of that Act, a person is entitled to a number of domestic return trips for the year ending on 30 June 2012; and

                     (b)  the number of unused domestic return trips for that year to which the person is entitled immediately before the transition day is more than 2; and

                     (c)  this item commences before 1 July 2012;

the number of those domestic return trips to which the person is entitled, for the period starting at the start of the transition day and ending on 30 June 2012, is reduced to 2.

(2)       For the purposes of this item, the number of unused domestic return trips to which the person is entitled immediately before the transition day is the difference between:

                     (a)  the number of domestic return trips to which the person would, but for this item, be entitled for the year ending on 30 June 2012; and

                     (b)  the number of such trips that the person has taken, or started to take, during the year but before the transition day.

(3)       In this item:

transition day means the later of:

                     (a)  the day on which this item commences; and

                     (b)  1 April 2012.

10  Compensation—constitutional safety net

(1)       If:

                     (a)  the operation of this Act would result in the acquisition of property otherwise than on just terms; and

                     (b)  the acquisition would not be valid, apart from this item, because a particular person has not been compensated;

the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)       If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(3)       In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.