Parliamentary Remuneration (Restoration of Provisions) Amendment Act 2004 (SA)

South Australia

Parliamentary Remuneration (Restoration of Provisions) Amendment Act 2004

An Act to amend the Parliamentary Remuneration Act 1990.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Parliamentary Remuneration (Restoration of Provisions) Amendment Act 2004.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Parliamentary Remuneration Act 1990

3—Amendment of section 4A—Non-monetary benefits

1. (1)

   Section 4A(2)—delete "choose" and substitute:

   elect

2. (2)

   Section 4A(3)—delete:

   or the provision of any monetary reimbursement in accordance with subsection (5)(b)

3. (3)

   Section 4A(4)—delete "(and must, in determining the terms and conditions which are applicable to a non-monetary benefit, adopt, so far as is reasonably possible, the same terms and conditions as are applicable to the same or a similar non-monetary benefit provided under the law of the Commonwealth to senators and members of the House of Representatives of the Parliament of the Commonwealth)" and substitute:

   , and to the terms and conditions on which such benefits are provided

4. (4)

   Section 4A(5)—delete subsection (5) and substitute:

   1. (5)

      A determination of the Remuneration Tribunal with respect to the provision of motor vehicles to members of Parliament must specify a motor vehicle, or range of motor vehicles, that will constitute the standard motor vehicle to be provided to members in accordance with the determination.

4—Repeal of section 4B

Section 4B—delete the section

5—Amendment of section 6A—Ability to provide other allowances and benefits

Section 6A—after its present contents (now to be designated as subsection (1)) insert:

1. (2)

   If the Parliament or the Crown offers to provide any allowance or benefit to a member of Parliament under this section and it is a condition of that offer that the member pay a contribution towards the cost of providing the allowance or benefit—

   1. (a)

      the provision of the allowance or benefit must be at the option of the member; and

   2. (b)

      the member may, despite any other provision of this Act, elect to pay the contribution by any of the following means, or by a combination of the following means:

      1. (i)

         by way of a salary sacrifice by the member;

      2. (ii)

         by way of a reduction in the allowances and expenses that would otherwise be payable to the member;

      3. (iii)

         by a direct payment by the member to the Treasurer.

2. (3)

   For the purposes of the definition of basic salary in section 5(1) of the Parliamentary Superannuation Act 1974, the salary to which a member is entitled under this Act includes the amount of any contribution that the member makes towards the cost of providing an allowance or benefit by way of a salary sacrifice under subsection (2).

Schedule 1—Transitional provisions

The requirement, under Schedule 1 of the Parliamentary Remuneration (Non-monetary Benefits) Amendment Act 2004