Parliamentary Secretaries Act 1980 (Cth)

Parliamentary Secretaries Act 1980

No. 160 of 1980

An Act relating to Parliamentary Secretaries to Ministers of State

[Assented to 10 December 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Parliamentary Secretaries Act 1980.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Appointment of Parliamentary Secretaries

3. (1) The Prime Minister may appoint a person who is a member of either House of the Parliament to be a Parliamentary Secretary to a Minister of State.

(2) An appointment of a person as a Parliamentary Secretary to a Minister of State may be revoked at any time by the Prime Minister.

Parliamentary Secretaries not to be remunerated

4. (1) Subject to this section, a person is not entitled to be paid, and shall not be paid, any remuneration or allowance in respect of his holding, or performing the functions of, an appointment as a Parliamentary Secretary to a Minister of State.

(2) Subject to sub-section (3), a person who holds an appointment as a Parliamentary Secretary to a Minister of State shall be reimbursed out of the Consolidated Revenue Fund such expenses as he reasonably incurs in respect of his holding, or performing the functions of, that appointment.

(3) The expenses that a person who holds an appointment as a Parliamentary Secretary to a Minister of State may be reimbursed under sub-section (2) shall not exceed such allowance in respect of those expenses as the Remuneration Tribunal determines or, if no determination of such an allowance by the Remuneration Tribunal is in operation, such allowance in respect of those expenses as is prescribed.

(4) The Consolidated Revenue Fund is appropriated for the purposes of sub-section (2).

(5) The Governor-General may make regulations prescribing allowances for the purposes of sub-section (3).

Amendments of the Remuneration Tribunals Act 1973

5. (1) The title of the Remuneration Tribunals Act 1973 is amended by inserting “and Allowances” after “Remuneration”.

(2) Section 3 of the Remuneration Tribunals Act 1973 is amended by inserting after paragraph (ja) of sub-section (4) the following paragraph:

“(jb) an appointment as a Parliamentary Secretary to a Minister of State;”.

(3) Section 7 of the Remuneration Tribunals Act 1973 is amended—

(a) by inserting after sub-section (1) the following sub-section:

“(1a) Sub-section (1) does not empower the Tribunal to inquire into, or determine, allowances to members of either House of the Parliament in respect of their holding, or performing the functions of, appointments as Parliamentary Secretaries to Ministers of State, but the Tribunal shall, from time to time as provided by this Part, inquire into, and determine, the maximum allowances that may be paid out of the public moneys of the Commonwealth to members of either House of the Parliament by way of reimbursement of expenses reasonably incurred by them in respect of their holding, or performing the functions of, appointments as Parliamentary Secretaries to Ministers of State.”;

(b) by adding at the end of sub-section (3) “other than holders of those offices who are members of, or candidates for election to, either House of the Parliament”;

(c) by inserting “(other than a determination under sub-section (1a))” before “applies” in sub-section (9); and

(d) by inserting in sub-section (10) “, and shall not be paid,” after “entitled to be paid”.

(4) Section 8 of the Remuneration Tribunals Act 1973 is amended—

(a) by inserting “(1a),” after “(1),” in paragraph (b) of sub-section (1);

(b) by inserting after sub-section (1) the following sub-section:

“(1a) If—

(a) a member of either House of the Parliament is appointed as a Parliamentary Secretary to a Minister of State; and

(b) the Tribunal has not determined a maximum allowance in relation to that appointment under sub-section 7(1a), the Tribunal shall, as soon as practicable but without prejudice to its obligations under sub-section (1) of this section, inquire into and determine the maximum allowance that may be paid out of the public moneys of the Commonwealth to a member of either House of the Parliament by way of reimbursement of expenses reasonably incurred by him in respect of his holding, or performing the functions of, that appointment as a Parliamentary Secretary to a Minister of State.”;

 

(c) by inserting after sub-section (2) the following sub-section:

“(2a) Sub-section (2) does not apply in relation to the holder of an office who is a member of, or a candidate for election to, either House of the Parliament.”; and

(d) by omitting from sub-section (4) “this section” and substituting “sub-sections (2), (2a) and (3)”.