Parliamentary Remuneration Amendment Act 2001 (NSW)

An Act to amend the Parliamentary Remuneration Act 1989 with respect to the payment of electoral allowances, and for other purposes.

1Name of Act

This Act is the Parliamentary Remuneration Amendment Act 2001.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Parliamentary Remuneration Act 1989 No 160

The Parliamentary Remuneration Act 1989 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Section 3 Definitions

Insert in alphabetical order:

additional entitlements means the electoral allowance and other additional entitlements under Part 3.

[2]Section 10 General provisions as to determinations of additional entitlements

Omit section 10 (2). Insert instead.

(2)

Members and recognised office holders are entitled to an electoral allowance and other additional entitlements in accordance with the provisions of applicable determinations of the Tribunal under this Part.

(2A)

The Tribunal may, by a determination:

• (a)

  fix the amount of the electoral allowance, and

• (b)

  fix the classes, terms and other incidents of other additional entitlements.

(2B)

The following provisions apply to the electoral allowance:

• (a)

  the allowance is payable to members (whether or not recognised office holders),

• (b)

  the allowance is payable in money,

• (c)

  the allowance is payable as compensation in respect of all incidents of the performance of parliamentary duties (other than those compensated or reimbursed by other additional entitlements),

• (d)

  different amounts may be fixed for different members or classes of members.

(2C)

Subsections (3) and (4) apply to determinations with respect to additional entitlements, other than the electoral allowance.

[3]Section 10 (3) (a)

Omit “electoral allowances,”.

[4]Section 10 (8)

Omit the subsection.

[5]Section 12A

Insert after section 12:

12AFinancial implications of determinations(1)

In making a determination under this Act, the Tribunal is to have regard to the financial implications of the determination for the State.

(2)

The Tribunal is required:

• (a)

  to invite the Secretary of the Treasury to make submissions to the Tribunal about those financial implications, and

• (b)

  to take any submission so made into account before making the determination.

(3)

A copy of any such submission made by the Secretary of the Treasury is to be included as an annexure to the determination.

[6]Section 13 Reports of the Tribunal

Omit section 13 (5).

[7]Section 20

Insert after section 19:

20Provisions consequent on enactment of Parliamentary Remuneration Amendment Act 2001(1)

Section 10, as amended by the Parliamentary Remuneration Amendment Act 2001, extends to a determination of the Tribunal that is in force on the commencement of those amendments.

(2)

The regulations may contain other provisions of a savings or transitional nature consequent on the enactment of that Act.