A Bill for an Act to amend the Parliamentary Business Resources Act 2017 to provide for members of the Parliament to voluntarily opt‑out of payment of certain remuneration and allowances, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Parliamentary Business Resources Amendment (Voluntary Opt‑out) Act 2017.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1 | The day after this Act receives the Royal Assent | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Parliamentary Business Resources Act 2017
1 Section 5
Insert:
relevant presiding officer means:
(a) for a person who is or will be a senator—the President of the Senate; or
(b) for a person who is a member of the House of Representatives—the Speaker of the House of Representatives.
2 Section 13
After:
A person may elect to sacrifice part of the base salary and instead have contributions made to a superannuation fund or retirement savings account.
Insert:
A person may elect to forgo a percentage or amount of the remuneration that he or she would otherwise expect to receive.
3 At the end of Part 2
Add:
Division 4—Voluntary opt‑out from being paid remuneration
23A When may a person elect to forgo remuneration
A person who is or will be a senator, or who is a member of the House of Representatives, may make an election as described in section 23B. The election may be made at any time.
23B The nature of the election
The person may elect to forgo a percentage or amount of the remuneration that he or she would otherwise expect to receive.
Note: An election can be varied or revoked (see sections 23F and 23G).
23C How to make an election
(1) An election must be in writing and be signed by the person.
(2) The election must:
(a) specify the percentage or amount (the specified opt‑out amount) of remuneration that is forgone; and
(b) specify the date (the start date) from which the election is to have effect, being a date that is the first day of the next calendar month in which the election is made, or the first day of a later calendar month; and
(c) contain such other information (if any) as is required by the regulations.
(3) The specified opt‑out amount must be either:
(a) a specified percentage of the monthly amount of remuneration; or
(b) a specified amount per calendar month.
(4) The election must be given to the relevant presiding officer for the person.
(5) For the purposes of paragraph (2)(b), the election is made when it is given to the relevant presiding officer for the person.
23D Duration of an election
An election comes into force on the start date for the election and remains in force until a revocation of the election takes effect (see section 23G).
23E Effect of an election
(1) If the person makes an election in accordance with sections 23A, 23B and 23C, then this section has effect in relation to each calendar month during the period when the election is in force.
(2) The amount (the basic amount) of remuneration that would otherwise be payable to the person for a calendar month is reduced (but not below zero) by whichever of the following amounts is applicable:
(a) if the specified opt‑out amount is a percentage—the amount that is that percentage of the basic amount;
(b) if the specified opt‑out amount is an amount—that amount.
23F Variation of an election
(1) The person may vary an election he or she has made by notice in writing signed by the person and given to the relevant presiding officer for the person.
(2) The only variations that are permitted are:
(a) to change the specified opt‑out amount to another specified percentage or amount that complies with subsection 23C(3); or
(b) to change the start date to a later date (but only if the start date has not already occurred).
(3) The notice of variation must specify a date (the variation date) from which the variation is to take effect, being a date that is the first day of the next calendar month following the giving of the notice, or the first day of a later calendar month.
(4) If the notice of variation complies with this section, it varies the election accordingly (subject to any later variations) in relation to calendar months starting on or after the variation date.
23G Revocation of an election
(1) The person may revoke an election he or she has made by notice in writing signed by the person and given to the relevant presiding officer for the person.
(2) The notice of revocation must specify a date from which the revocation is to take effect, being a date that is the first day of the next calendar month following the giving of the notice, or the first day of a later calendar month.
(3) If the notice of revocation complies with this section, the revocation takes effect on the specified date.
4 At the end of subsection 49(1)
Add:
Note 3: A person to whom remuneration is to be paid may elect to forgo a percentage or amount of that remuneration (see section 23B).