Parliamentary Business Resources (Canberra‑based self‑drive vehicle) Determination 2017

Dated   20^th December 2017

Mathias Cormann

Contents

Part 1—Preliminary                                                                                                     1

1  Name........................................................................................................................................ 1

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

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Objective.................................................................................................................................. 1

Part 2—Provision of Canberra-based self-drive vehicles and associated expenses 2

6  Request for and provision of vehicle........................................................................................ 2

7 Conditions of use for Canberra-based self-drive vehicle........................................................... 2

8  Expenses for Canberra-based self-drive vehicles..................................................................... 3

Part 3—Transitional arrangements                                                                            4

9  Long term self-drive vehicle provided to a recipient under Parliamentary Entitlements Act 1990       4

Schedule 1—Members to whom a Canberra-based self-drive vehicle is to be provided            5

Part 1—Preliminary

1  Name

                   This instrument is the Parliamentary Business Resources (Canberra-based self-drive vehicle) Determination 2017.

2  Commencement

                   This instrument commences immediately after the Parliamentary Business Resources Regulations 2017.

3  Authority

                   This instrument is made under subsection 33(1) of the Parliamentary Business Resources Act 2017.

4  Definitions

             (1)  In this instrument:

Act means the Parliamentary Business Resources Act 2017.

recipient has the meaning given by subsection 6(1).

Regulations means the Parliamentary Business Resources Regulations 2017.

Note:          A number of expressions used in this instrument are defined the Regulations, including the following:

(a)      Canberra;

(b)      family member;

(c)      staff member;

(d)      travels with.

5  Objective

                   The objective of this instrument is to support relevant office holders’ conduct of their parliamentary business, while in Canberra, by providing an effective and efficient means of transport that is responsive to changing parliamentary business needs at short notice, while providing value for money for the Commonwealth.

Part 2—Provision of Canberra-based self-drive vehicles and associated expenses

6  Request for and provision of vehicle

             (1)  A Canberra-based self-drive vehicle is to be provided, in accordance with this instrument, to an office holder specified in column 1 of Schedule 1 (the recipient) on the member’s request.

             (2)  The recipient may select the type of vehicle, from the list of standard vehicles usually made available by the Commonwealth for the purposes of subsection 14(4) of the Act (private plated vehicles) and the determination made for that purpose.

             (3)  A recipient may be provided with a vehicle that is not on the list of standard vehicles, on the approval of the Minister, where:

                     (a)  there are workplace health and safety, or other factors, that in the Minister’s view mean that the provision of the non-standard vehicle is appropriate in the member’s circumstances; and

                     (b)  the member agrees to reimburse the Commonwealth annually for the difference in the annual lease cost between the requested vehicle and the most costly vehicle on the list of standard vehicles.

Note:          A member must ensure that public resources that are claimed in relation to the conduct of the member’s parliamentary business provide value for money, taking into account the need to conduct the member’s parliamentary business (see section 27 of the Act).

7 Conditions of use for Canberra-based self-drive vehicle

Compliance with lease conditions

             (1)  A member must comply with the conditions of the vehicle lease entered into for the purposes of giving effect to this determination.

Persons other than the member who may drive or travel in the vehicle

             (2)  The member may authorise any of the following to drive the vehicle:

                     (a)  a staff member of the member;

                     (b)  a family member of the member;

                     (c)  another person assisting the member to conduct their parliamentary business.

Note:          The vehicle must not be used other than for the dominant purpose of the member’s parliamentary business, and must not be used for commercial purposes (subsections 26(3) and 26(4) of the Act).

             (3)  A member may invite or authorise another person to travel, in the vehicle, with:

                     (a)  the member;

                     (b)  a person mentioned in subsection (2).

             (4)  Subsections (2) and (3) are subject to any contrary direction by the Minister.

Note:          A contrary direction could be made, for example, for security reasons.

Area of use and garaging

             (5)  The vehicle must predominantly be used and garaged in Canberra.

8  Expenses for Canberra-based self-drive vehicles

             (1)  In respect of each vehicle provided in accordance with this instrument, the following costs are to be met by the Commonwealth:

                     (a)  fuel;

                     (b)  servicing;

                     (c)  other maintenance;

                     (d)  comprehensive insurance;

                     (e)  parking;

                      (f)  other costs directly associated with the provision, use and maintenance of the vehicle, but not including:

                              (i)  road tolls;

                             (ii)  fines or penalties (however described), including for non-payment or late payment of road tolls;

                            (iii) any administration costs in relation to tolls, fines or penalties.

Part 3—Transitional arrangements  

9  Long term self-drive vehicle provided to a recipient under Parliamentary Entitlements Act 1990

             (1)  This section applies to a recipient who, immediately before the commencement of this instrument, had been provided with a long-term self-drive vehicle, based in Canberra, for the purposes of meeting the member’s travel expenses in accordance with Part 4 of the Remuneration Tribunal Determination 2017/13 – Members of Parliament – Entitlements.

             (2)  On and from the commencement of this instrument, the vehicle is taken to be provided to the recipient as a Canberra-based self-drive vehicle.

             (3) This section applies, for a recipient, until the lease for the recipient’s vehicle expires.

Note:          A member must ensure that expenses that are incurred or other public resources claimed in relation to the conduct of the member’s parliamentary business provide value for money, taking into account the need to conduct the member’s parliamentary business (see section 27 of the Act).

Schedule 1—Members to whom a Canberra-based self-drive vehicle is to be provided