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Parliamentary Entitlements Act 1990

Authoritative Version
Act No. 28 of 1990 as amended, taking into account amendments up to Parliamentary Entitlements Legislation Amendment Act 2017
An Act relating to the provision of benefits to Members of each House of the Parliament
Administered by: Finance
Registered 28 Feb 2017
Start Date 23 Feb 2017
To be repealed 01 Jan 2018
Repealed by Parliamentary Business Resources (Consequential and Transitional Provisions) Act 2017

Parliamentary Entitlements Act 1990

No. 28, 1990

Compilation No. 15

Compilation date:                              23 February 2017

Includes amendments up to:            Act No. 4, 2017

Registered:                                         28 February 2017

 

About this compilation

This compilation

This is a compilation of the Parliamentary Entitlements Act 1990 that shows the text of the law as amended and in force on 23 February 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title............................................................................................. 1

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

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

Part 2—Benefits                                                                                                                      4

Division 1—Provisions applying to benefits generally                                4

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

5............ Entitlement to additional benefits......................................................... 4

6............ Amount of benefit reduced if entitlement begins part‑way through financial year    4

7............ Calculation of benefits......................................................................... 5

7A......... Obligation not to make claims in excess of entitlement....................... 5

9............ Alteration of Schedule......................................................................... 6

9A......... Parliamentary injury compensation scheme......................................... 6

10.......... Conflict between regulations and determination.................................. 9

10A....... Recoverable payments......................................................................... 9

Division 2—Provisions applying to prescribed travel benefits             12

10B....... Prescribed travel benefits.................................................................. 12

10C....... Loading in respect of contraventions of section 7A.......................... 12

10D....... Loading in respect of voluntary repayments...................................... 14

Part 3—Miscellaneous                                                                                                       16

11.......... Appropriation.................................................................................... 16

11A....... Delegation......................................................................................... 16

12.......... Regulations....................................................................................... 16

Schedule 1—Scheduled benefits                                                                   17

Part 1—Members                                                                                                                 17

Part 2—Parliamentary office‑holders and Ministers                                     19

Endnotes                                                                                                                                    22

Endnote 1—About the endnotes                                                                            22

Endnote 2—Abbreviation key                                                                                24

Endnote 3—Legislation history                                                                             25

Endnote 4—Amendment history                                                                           26


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

Part 1Preliminary

  

1  Short title

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

2  Commencement

                   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.

claim means a claim or request for a benefit that is made to the Commonwealth.

Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.

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

Defence Minister means the Minister administering section 1 of the Defence Act 1903.

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 18;

                             (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 injury compensation scheme means the scheme formulated under section 9A.

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.

prescribed travel benefit means a benefit covered by a determination under section 10B.

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

provides goods, services or facilities: the Commonwealth provides goods, services or facilities if:

                     (a)  the Commonwealth itself provides the goods, services or facilities; or

                     (b)  the Commonwealth pays for the provision of the goods, services or facilities by another person (whether or not pursuant to an arrangement between the other person and the Commonwealth).

Scheduled benefit means a benefit set out in Schedule 1.

Secretary means the Secretary of the Department.

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.

Part 2Benefits

Division 1Provisions applying to benefits generally

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.

             (3)  Members are entitled to the benefits prescribed by the Parliamentary injury compensation scheme.

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.

7A  Obligation not to make claims in excess of entitlement

             (1)  A person must not make a claim for a benefit that is in excess of entitlement (whether wholly or partly).

Note:          If a person contravenes this section in relation to a claim for a prescribed travel benefit, a penalty may apply: see section 10C.

             (2)  In determining whether a claim is made in contravention of subsection (1), disregard section 10A.

             (3)  A contravention of subsection (1) in relation to a claim does not of itself prevent the provision of a benefit pursuant to the claim.

Note:          A benefit that is in accordance with entitlement may be provided pursuant to the claim. If a benefit in excess of entitlement is purportedly provided, an amount will be recoverable under section 10A.

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.

9A  Parliamentary injury compensation scheme

             (1)  The Minister may, by legislative instrument, formulate a scheme (the Parliamentary injury compensation scheme) for and in relation to any of the following:

                     (a)  compensation or other benefits in relation to any thing that, under the scheme, is taken to be:

                              (i)  an injury or disease, or an aggravation of an injury or disease, suffered by a member in connection with the member’s activities as a member, Parliamentary office‑holder or Minister; or

                             (ii)  an injury or disease, or an aggravation of an injury or disease, suffered by the spouse of the Prime Minister in connection with the spouse’s official activities as the spouse of the Prime Minister; or

                            (iii)  loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by a member, that occurs in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or

                            (iv)  loss of or damage to an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the spouse of the Prime Minister, that occurs in the course of the spouse’s official activities as the spouse of the Prime Minister;

                     (b)  the provision of services, facilities or equipment intended to eliminate or minimise:

                              (i)  risks to the health or safety of a member arising in the course of the member’s activities as a member, Parliamentary office‑holder or Minister; or

                             (ii)  risks to the health or safety of the spouse of the Prime Minister arising in the course of the spouse’s official activities as the spouse of the Prime Minister;

                     (c)  ancillary or incidental matters.

Note:          For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

             (2)  Without limiting subsection (1), the scheme may do any of the following:

                     (a)  confer functions and powers on Comcare in relation to the scheme;

                     (b)  provide for conditions and restrictions on eligibility or continuing eligibility for compensation or other benefits under the scheme (such as conditions requiring a person to undergo rehabilitation or medical examination);

                     (c)  apply in relation to an injury or disease, or an aggravation of an injury or disease, suffered by a person who is or has been a member, or the spouse of the Prime Minister, in connection with an activity engaged in in accordance with the scheme;

                     (d)  provide for compensation or other benefits under the scheme to be payable to persons other than members;

                     (e)  require an amount of money paid under the scheme to be repaid in the circumstances set out in the scheme;

                      (f)  provide for Comcare, on behalf of the Commonwealth, to recover, set off, write off or waive debts arising under the scheme;

                     (g)  require a person to give information or documents to Comcare for the purposes of the scheme;

                     (h)  require a person to notify Comcare of a matter or event set out in the scheme;

                      (i)  prescribe penalties, not exceeding 10 penalty units, for offences relating to failing to notify Comcare of matters or events set out in the scheme;

                      (j)  provide for review of decisions made under the scheme, including by providing for the Administrative Appeals Tribunal Act 1975 to apply in relation to decisions made under the scheme with the modifications specified in the scheme;

                     (k)  in relation to an injury, disease or aggravation, or loss or damage, referred to in paragraph (1)(a):

                              (i)  limit the right of a person to bring an action or other proceeding for damages, against the Commonwealth or a person specified in the scheme, in respect of the injury, disease, aggravation, loss or damage; or

                             (ii)  provide for Comcare to make a claim for damages in the name of a person, or to take over the conduct of an action or other proceeding, in respect of the injury, disease, aggravation, loss or damage; or

                            (iii)  require that an amount that has been, or is to be, paid (otherwise than under the scheme) to a person in respect of the injury, disease, aggravation, loss or damage be paid to the Commonwealth;

                      (l)  confer on the Minister a power to make a legislative instrument for the purposes of the scheme.

             (3)  For the purposes of the Safety, Rehabilitation and Compensation Act 1988, a function conferred on Comcare by the scheme is taken to be a function conferred by this Act.

Note:          See paragraph 69(g) of the Safety, Rehabilitation and Compensation Act 1988.

             (4)  The scheme may apply in relation to:

                     (a)  an injury or disease referred to in subparagraph (1)(a)(i) or (ii) that is suffered in connection with an activity occurring on or after 1 January 2016; or

                     (b)  an aggravation, referred to in subparagraph (1)(a)(i) or (ii), of an injury or disease, if the aggravation is suffered in connection with an activity occurring on or after 1 January 2016 (whether the injury or disease was suffered in connection with an activity occurring before, on or after that day); or

                     (c)  loss or damage referred to in subparagraph (1)(a)(iii) or (iv) that occurs on or after 1 January 2016.

             (5)  This section, and the scheme, extends to all places outside Australia, including the external Territories.

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.

10A  Recoverable payments

Purported benefits consisting of payments of amounts of money

             (1)  If, apart from this subsection and paragraph 11(b), the Commonwealth does not have power under this Act to make a payment of an amount purportedly by way of benefit to a person (the recipient), then:

                     (a)  the Commonwealth has the power to make the payment; and

                     (b)  for the purpose of section 11, the payment is taken to be a payment of benefits; and

                     (c)  the amount of the payment:

                              (i)  is a debt due to the Commonwealth by the recipient; and

                             (ii)  may be recovered by action in a court of competent jurisdiction.

Note:          If the purported benefit is a prescribed travel benefit, a loading may also apply: see Division 2.

Purported benefits consisting of goods, services or facilities

             (2)  If, apart from this subsection and paragraph 11(b), the Commonwealth does not have power under this Act to provide goods, services or facilities purportedly by way of benefit to a person (the recipient), then:

                     (a)  the Commonwealth has the power to provide the goods, services or facilities; and

                     (b)  for the purpose of section 11, a payment by the Commonwealth of the costs of providing the goods, services or facilities is taken to be a payment of costs of benefits; and

                     (c)  the amount of such a payment:

                              (i)  is a debt due to the Commonwealth by the recipient; and

                             (ii)  may be recovered by action in a court of competent jurisdiction.

Note:          If the purported benefit is a prescribed travel benefit, a loading may also apply: see Division 2.

             (3)  The reference in subsection (2) to the Commonwealth not having power to provide goods, services or facilities purportedly by way of benefit includes a reference to the Commonwealth only having power to provide lower‑cost goods, services or facilities. In this situation, paragraph (2)(c) applies to the amount by which the payment of costs exceeds what it would have been if the lower‑cost goods, services or facilities had instead been provided.

Alternative method of recovery: reduction of future benefits

             (4)  If:

                     (a)  an amount is recoverable as a debt under paragraph (1)(c) or (2)(c) from the recipient; and

                     (b)  an amount is payable to the recipient by way of benefit;

then:

                     (c)  the debt; or

                     (d)  such part of the debt as the Secretary determines;

may, if the Secretary so directs, be recovered by deduction from the amount referred to in paragraph (b) of this subsection.

             (5)  The Secretary is required to consult the recipient before directing that the debt, or part of the debt, be recovered as mentioned in subsection (4).

How this section applies to entitlements that relate to activities of another person (otherwise than as a member of staff)

             (6)  For the purpose of this section, if:

                     (a)  a payment is made, or goods, services or facilities are provided, purportedly in respect of an entitlement of a person (the first person) to a benefit under this Act; and

                     (b)  the purported benefit relates to activities of another person, other than activities as a member of staff of the first person;

then the payment, or the provision of goods, services or facilities, constitutes a payment or provision that is purportedly by way of benefit to the first person (rather than the other person).

Note:          For example, if a benefit relates to travel of the first person’s spouse, any debt under this section in relation to the purported provision of such a benefit is recoverable from the first person (rather than the spouse).

Division 2Provisions applying to prescribed travel benefits

10B  Prescribed travel benefits

             (1)  The Minister may, by legislative instrument, determine that a specified benefit in respect of travel is a prescribed travel benefit.

             (2)  A benefit may be specified by reference to a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.

Note:          This subsection is not intended to be an exhaustive statement of the ways in which a benefit could be specified.

10C  Loading in respect of contraventions of section 7A

When this section applies

             (1)  This section applies if:

                     (a)  a person (the recipient) makes a claim for a prescribed travel benefit in contravention of section 7A; and

                     (b)  the Commonwealth pays an amount, or provides goods, services or facilities, purportedly by way of prescribed travel benefit, pursuant to the claim; and

                     (c)  either:

                              (i)  the amount of the payment exceeds the amount (if any) to which the recipient was entitled; or

                             (ii)  the Commonwealth’s costs of providing the goods, services or facilities exceed what they would have been if the goods, services or facilities (if any) to which the recipient was entitled had instead been provided; and

                     (d)  the excess was not attributable, to any extent, to administrative error within the Department.

             (2)  In determining the amount of the payment, or the goods, services or facilities, to which the recipient was entitled, disregard section 10A.

Excess to be reduced by any repayment made to Commonwealth within 28 days of claim

             (3)  This section applies to the amount of the excess referred to in subparagraph (1)(c)(i) or (ii), reduced by any part of that excess that is repaid to the Commonwealth, by or on behalf of the recipient, before the end of 28 days after the day the claim was made.

Note:          If the whole of the excess is repaid within the 28 day period, then there is no amount to which this section applies.

Loading payable as a penalty for the contravention of section 7A

             (4)  The recipient is liable to pay the Commonwealth, by way of penalty for the contravention of section 7A, an amount equal to 25% of the amount to which this section applies.

             (5)  The amount of the penalty:

                     (a)  is a debt due to the Commonwealth by the recipient; and

                     (b)  may be recovered by action in a court of competent jurisdiction.

Alternative method of recovery: reduction of future benefits

             (6)  If:

                     (a)  an amount is recoverable as a debt under subsection (5) from the recipient; and

                     (b)  an amount is payable to the recipient by way of benefit;

then:

                     (c)  the amount of the debt; or

                     (d)  such part of the debt as the Secretary determines;

may, if the Secretary so directs, be recovered by deduction from the amount referred to in paragraph (b) of this subsection.

             (7)  The Secretary is required to consult the recipient before directing that the debt, or part of the debt, be recovered as mentioned in subsection (6).

10D  Loading in respect of voluntary repayments

When this section applies

             (1)  This section applies if:

                     (a)  the Commonwealth pays an amount, or provides goods, services or facilities, purportedly by way of prescribed travel benefit, to a person (the recipient) pursuant to a claim; and

                     (b)  the recipient, or a person acting on behalf of the recipient, makes a repayment to the Commonwealth of some or all of the payment, or the cost of providing the goods, services or facilities; and

                     (c)  the repayment is made more than 28 days after the day the claim was made; and

                     (d)  the repayment is not of an amount attributable, to any extent, to administrative error within the Department; and

                     (e)  section 10C does not apply.

Reduction of future benefits

             (2)  If an amount is payable to the recipient by way of benefit, then:

                     (a)  an amount (the loading amount) equal to 25% of the repayment; or

                     (b)  such part of the loading amount as the Secretary determines;

may, if the Secretary so directs, be deducted from the amount that is so payable to the recipient.

             (3)  The Secretary is required to consult the recipient before directing that the loading amount, or part of the loading amount, be deducted as mentioned in subsection (2).

Effect of voluntary payment of loading amount

             (4)  If an amount is paid to the Commonwealth, by or on behalf of the recipient, in respect of the loading amount, the total amount that may be deducted under subsection (2) is reduced by the amount of the payment.

Part 3Miscellaneous

  

11  Appropriation

                   The Consolidated Revenue Fund is appropriated for the purposes of:

                     (a)  making payments of benefits or of costs of benefits; and

                     (b)  making other payments in the course of the administration of this Act.

11A  Delegation

             (1)  The Secretary may, by writing, delegate all or any of his or her powers under this Act to an SES employee, or an acting SES employee, in the Department.

             (2)  In exercising powers under a delegation, the delegate must comply with any directions of the Secretary.

12  Regulations

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


Schedule 1Scheduled benefits

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 Defence Minister.

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 Defence Minister, 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 Defence Minister, 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.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Parliamentary Entitlements Act 1990

28, 1990

24 May 1990

24 May 1990 (s 2)

 

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

144, 2008

9 Dec 2008

Sch 7 (item 51): 10 Dec 2008 (s 2(1) item 16)

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Sch 5 (items 178–181): 19 Apr 2011 (s 2(1) item 13)

Statute Law Revision Act (No. 1) 2015

5, 2015

25 Feb 2015

Sch 5 (items 3–5): 25 Mar 2015 (s 2(1) item 10)

Statute Law Revision Act (No. 2) 2015

145, 2015

12 Nov 2015

Sch 5 (items 2, 3): 10 Dec 2015 (s 2(1) item 7)

Sch 5 (item 3)

Parliamentary Entitlements Amendment (Injury Compensation Scheme) Act 2016

16, 2016

8 Mar 2016

Sch 1 (items 1–3): 9 May 2016 (s 2(1) item 2)

Parliamentary Entitlements Legislation Amendment Act 2017

4, 2017

22 Feb 2017

Sch 2 (items 1–8): 23 Feb 2017 (s 2(1) item 3)

Sch 2 (item 3)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 3...........................................

am No 144, 2008; No 5, 2011; No 16, 2016; No 4, 2017

Part 2

 

Part 2 heading..........................

ad No 4, 2017

Division 1

 

Division 1 heading...................

ad No 4, 2017

s 5...........................................

am No 16, 2016

s 7A.........................................

ad No 4, 2017

s 8...........................................

rep No 145, 2015

s 9A.........................................

ad No 16, 2016

s 10A.......................................

ad No 4, 2017

Division 2

 

Division 2................................

ad No 4, 2017

s 10B.......................................

ad No 4, 2017

s 10C.......................................

ad No 4, 2017

s 10D.......................................

ad No 4, 2017

Part 3

 

Part 3 heading..........................

ad No 4, 2017

s 11.........................................

rs No 4, 2017

s 11A.......................................

ad No 4, 2017

s 13.........................................

am No 5, 2015

 

rep No 145, 2015

s 14.........................................

rep No 145, 2015

Schedule 1

 

Schedule 1...............................

am No 5, 2011

Schedule 2...............................

rep No 5, 2015