Members of Parliament (Life Gold Pass) Regulations 2002 (Cth)

Members of Parliament (Life Gold Pass) Regulations 2002

Statutory Rules 2002 No. 313 as amended

made under the

Members of Parliament (Life Gold Pass) Act 2002

This compilation was prepared on 2 March 2009

taking into account amendments up to SLI 2009 No. 21

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

Part 1 Preliminary

Part 2 Stop‑overs

Part 1Preliminary

  1Name of Regulations [see Note 1]

These Regulations are the Members of Parliament (Life Gold Pass) Regulations 2002.

2Commencement [see Note 1]

These Regulations commence on the commencement of Part 7 of the Members of Parliament (Life Gold Pass) Act 2002.

3Definitions

In these Regulations:

24 hour period, in relation to a stop‑over, is the period of the first 24 hours of the stop‑over.

Act means the Members of Parliament (Life Gold Pass) Act 2002.

eligible traveller means a person who undertakes a domestic return trip to which section 21, 22, 23 or 24 of the Act applies.

Part 2Stop‑overs

  4Exceptional circumstances – health reasons

1. (1)

   For subparagraphs 21 (c) (ii), 22 (d) (ii), 23 (d) (ii) and 24 (c) (ii) of the Act, each of the following is an exceptional circumstance:

   1. (a)

      the eligible traveller has an injury or illness that prevents him or her from travelling within the 24 hour period;

   2. (b)

      if the eligible traveller is a former member accompanied by his or her spouse or de facto partner — the spouse or de facto partner has an injury or illness that prevents him or her from travelling within the 24 hour period;

   3. (c)

      if the eligible traveller is the spouse or de facto partner of a former member (including a former Prime Minister) and is accompanying the former member — the former member has an injury or illness that prevents him or her from travelling within the 24 hour period;

   4. (d)

      if the eligible traveller is the spouse or de facto partner of a sitting member and is accompanying the sitting member — the sitting member has an injury or illness that prevents him or her from travelling within the 24 hour period.

2. (2)

   A medical certificate for the person with the injury or illness is evidence of the exceptional circumstance under this regulation if it states:

   1. (a)

      that the person concerned has an injury or illness; and

   2. (b)

      that the injury or illness would prevent the person concerned from travelling within the 24 hour period.

5Exceptional circumstances – transport reasons

1. (1)

   For subparagraphs 21 (c) (ii), 22 (d) (ii), 23 (d) (ii) and 24 (c) (ii) of the Act, it is an exceptional circumstance if:

   1. (a)

      a scheduled transport service is delayed or cancelled; and

   2. (b)

      the delay or cancellation prevents the eligible traveller from travelling within the 24 hour period.

2. (2)

   A statutory declaration by the eligible traveller is evidence of the exceptional circumstance under this regulation if it declares that:

   1. (a)

      the scheduled transport service was delayed or cancelled; and

   2. (b)

      the delay or cancellation prevented the eligible traveller from travelling within the 24 hour period.

6Evidence must be given to the Minister

1. (1)

   This regulation applies if an eligible traveller:

   1. (a)

      has a stop‑over for longer than the 24 hour period; and

   2. (b)

      satisfies the exceptional circumstance requirements in subregulation 4 (1) or 5 (1).

2. (2)

   If the eligible traveller is the holder of a Life Gold Pass or the spouse or de facto partner of the holder of a Life Gold Pass, the holder of the Life Gold Pass must give to the Minister the evidence mentioned in subregulation 4 (2) or 5 (2).

3. (3)

   If the eligible traveller is the surviving spouse or de facto partner of a holder of a Life Gold Pass, the eligible traveller must give to the Minister the evidence mentioned in subregulation 4 (2) or 5 (2).

4. (4)

   If the eligible traveller is the spouse or de facto partner of a sitting member who has satisfied the relevant qualifying period for the issue of a Life Gold Pass, the sitting member must give to the Minister the evidence mentioned in subregulation 4 (2) or 5 (2).

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

Note 1

The Members of Parliament (Life Gold Pass) Regulations 2002 (in force under the Members of Parliament (Life Gold Pass) Act 2002) as shown in this compilation comprise Statutory Rules 2002 No. 313 amended as indicated in the Tables below.

Table of Instruments

Year and Number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
2002 No. 313	19 Dec 2002	30 Dec 2002 (see r. 2)
2009 No. 21	2 Mar 2009 (see F2009L00702)	10 Dec 2008 (see r. 2)	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 2
R. 4..........................................	am. 2009 No. 21
R. 6..........................................	am. 2009 No. 21