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SLI 2009 No. 219 Regulations as made
These Regulations amend the Parliamentary Entitlements Regulations 1997 to provide printing entitlement for Senators and Members and insert a monetary cap in relation to publications, office requisites and stationery provided under item 7, Part 1, Schedule 1 to the Parliamentary Entitlements Act 1990.
Administered by: Finance
Registered 09 Sep 2009
Tabling HistoryDate
Tabled HR14-Sep-2009
Tabled Senate14-Sep-2009
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014

Parliamentary Entitlements Amendment Regulations 2009 (No. 1)1

Select Legislative Instrument 2009 No. 219

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Parliamentary Entitlements Act 1990.

Dated 7 September 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

JOSEPH LUDWIG


1              Name of Regulations

                These Regulations are the Parliamentary Entitlements Amendment Regulations 2009 (No. 1).

2              Commencement

                These Regulations commence on 1 October 2009.

3              Amendment of Parliamentary Entitlements Regulations 1997

                Schedule 1 amends the Parliamentary Entitlements Regulations 1997.


Schedule 1        Amendments

(regulation 3)

 

[1]           Before regulation 3

insert in Part 2

Division 1              Printing and communications entitlement

[2]           Regulations 3 and 3A

substitute

3              Application of this Division

                This Division applies to all members.

3AA        Printing and communications entitlement

         (1)   For subsection 5 (1) of the Act, the additional benefit of a printing and communications entitlement, as set out in this Division, is prescribed.

         (2)   The entitlement is for the cost of commercial services for:

                (a)    printing; and

               (b)    the communication and distribution of information both in hard copy and electronic format (including the establishment and maintenance of web sites).

         (3)   The entitlement must be used only for parliamentary or electorate purposes and must not be used for party, electioneering, personal or commercial purposes, or for the production of how-to-vote material.

         (4)   For paragraph (2) (a), the entitlement is limited to printing on:

                (a)    paper or card weighing not more than 700 grams per square metre; or

               (b)    flat magnetised material.

         (5)   All printed material (including flat magnetised material), other than personalised letterhead stationery, must include the following statement on each page:

This material has been produced at Australian Government expense by [insert name of member].

Note   For material consisting of more than 1 page, the statement must appear on each page.

         (6)   The statement mentioned in subregulation (5) must:

                (a)    be in Times New Roman or Arial font; and

               (b)    be of a colour that allows the statement to be easily read; and

                (c)    for A4 sized material and smaller — be a minimum font size of 10 point; and

               (d)    for material larger than A4 size — be a minimum font size of 10 point, plus 1 point for each A4 size of material (or part thereof).

Example for paragraph (d)

If the material being printed on is the equivalent of 4 A4 sized pieces of paper (ie A2 sized), the minimum font size for the statement is 14 point.

         (7)   Subject to subregulation (8), printing on personalised letterhead stationery may include only the following:

                (a)    the member’s name and title;

               (b)    the address, postal address and contact details of a member’s electorate office, Parliament House office, and capital city office (if applicable);

                (c)    other contact details of the member including his or her electronic contact addresses;

Example

A member’s email address and web site.

               (d)    for a member of the House of Representatives — his or her electoral division;

                (e)    for a Senator — his or her State or Territory;

                (f)    an electorate, State or Territory map;

                (g)    a brief description of the electorate, State or Territory;

                (h)    a photograph of the member;

                 (i)    the Commonwealth Coat of Arms;

                (j)    the Australian flag;

               (k)    a political party logo.

         (8)   If personalised letterhead stationery includes the Commonwealth Coat of Arms, the stationery must not include the Australian flag or a political party logo.

         (9)   A member may use the entitlement to print the following number of postal vote applications for a federal election:

                (a)    for a member of the House of Representatives — a number equal to 50% of the number of enrolled voters in the member’s electorate (within the electoral boundaries for the member’s electorate as in place at the last general election) on the last working day of March before the election; and

               (b)    for a Senator — a number equal to 50% of the number of enrolled voters in the Senator’s State or Territory on the last working day of March before the election.

       (10)   In this regulation:

electioneering means a communication that explicitly:

                (a)    seeks support for, denigrates or disparages:

                          (i)    the election of a particular person or persons; or

                         (ii)    a particular political party or political parties; or

               (b)    encourages a person to become a member of a particular political party, or political parties; or

                (c)    solicits subscriptions or other financial support.

personalised letterhead stationery means letterhead paper, envelopes, compliments slips and business cards for the member.

3AB        Entitlement for a member of the House of Representatives

         (1)   The printing and communications entitlement for a member of the House of Representatives, for a financial year, is the sum of:

                (a)    an amount being the product of the standard rate of postage and the number of enrolled voters (within the electoral boundaries for the member’s electorate as in place at the last general election), as at the last working day in the March before the financial year; and

               (b)    an amount of:

                          (i)    for the 2009–2010 financial year — $81 301; and

                         (ii)    for each subsequent financial year — $75 000.

         (2)   For paragraph (1) (a), if an electorate comes into existence after the last working day in March of a calendar year, the entitlement for the following financial year is the product of the standard rate of postage and the number of enrolled voters within the electoral boundaries for the member’s electorate as at the close of the electoral roll for the last general election.

         (3)   In this regulation:

standard rate of postage means the rate of postage for carriage within Australia of standard postal articles by ordinary post as determined by Australia Post under paragraph 32 (2) (c) of the Australian Postal Corporation Act 1989.

3AC        Entitlement for a Senator

                The printing and communications entitlement for a Senator for a financial year is:

                (a)    for the 2009–2010 financial year — $41 050; and

               (b)    for each subsequent financial year — $40 000.

[3]           Before regulation 3B

insert

Division 2              Other additional benefits

[4]           After Part 3

insert

Part 4                 Transitional provisions

  

19            Transitional provision for the 2009–2010 financial year

         (1)   For the 2009–2010 financial year, if, from 1 July 2009 to the end of 30 September 2009, a member has incurred expenditure of the former entitlement of an amount equal to or in excess of:

                (a)    for a member of the House of Representatives — the sum of the amount in paragraph 3AB (1) (a) and $81 301; or

               (b)    for a Senator — $41 050;

the member:

                (c)    is not entitled to the printing and communications entitlement for the remainder of the 2009–2010 financial year; and

               (d)    is not required to refund, as an overpayment, any expenditure of the former entitlement incurred between 1 July 2009 and the end of 30 September 2009 in excess of:

                          (i)    for a member of the House of Representatives — the sum of the amount in paragraph 3AB (1) (a) and $81 301; and

                         (ii)    for a Senator — $41 050.

         (2)   In this regulation:

communication allowance means the communications allowance under clause 10.4 of the Remuneration Tribunal Determination 2006/18: Members of Parliament — Entitlements as it stood on 30 September 2009.

former entitlement means:

                (a)    for a member of the House of Representatives — his or her:

                          (i)    printing entitlement under regulation 3 as it stood on 30 September 2009; and

                         (ii)    communication allowance (whether or not that allowance has been aggregated under clause 11.1 of the Remuneration Tribunal Determination 2006/18: Members of Parliament — Entitlements); and

               (b)    for a Senator — his or her:

                          (i)    printing entitlement under regulation 3A as it stood on 30 September 2009; and

                         (ii)    communication allowance.

[5]           Schedule 1, before item [101]

insert

[100]       Item 3

omit

[6]           Schedule 1, item [104]

substitute

[104]       Item 7

substitute

7. (1)

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

(2)

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

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

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

(3)

The benefits mentioned in this item must not be used for electioneering as defined in subregulation 3AA (10) of the Parliamentary Entitlements Regulations 1997.

[7]           Schedule 1, after item [104]

insert

[104A]    After item 7

insert

7A. (1)

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

(2)

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

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

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

(3)

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

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

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


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.