Remuneration Tribunal Determination 2011/18 Members of Parliament Entitlements and Travelling Allowance (Cth)

Determination 2011/18:

Members of Parliament - Entitlements and Travelling Allowance

(i)        Pursuant to subsections 7(1), 7(2) and 7(4) of the Remuneration Tribunal Act 1973, the Remuneration Tribunal has inquired into the remuneration and allowances to be paid to members of parliament and holders of public office, and other matters significantly related thereto, and determines as set out below.

(ii)        This Determination takes effect on and from the day following the day it is registered in the Federal Register of Legislative Instruments unless otherwise specified.

PART 1 – MEMBERS OF PARLIAMENT - ENTITLEMENTS

1.1       In this part, Determination Number 18 of 2006 (as amended) is referred to as the Principal Determination.

1.2       The Principal Determination is amended by deleting clause 2.3 and replacing it with the following:

“2.3    Travel in accordance with clause 2.1 above may be on scheduled commercial or commuter air services, mainline rail services or by motor coach and other vehicles operating as regular carriers and may include:

(a)     by charter transport, provided that where charter transport is used the senator or member must pay for any additional cost as between the charter transport and the estimated reimbursement cost of private vehicle allowance at the highest Australian Public Service rate then current for the most reasonable and usual route between the departure and destination points; or

(b)     the cost of transporting a vehicle on a ferry service that a Member of the House of Representatives is travelling on within his or her electorate.  The service may depart from or return to a place outside the electorate.”

1.3     The Principal Determination is amended by deleting clause 5.7 and replacing it with the following:

“5.7A private-plated vehicle provided to a Senator or Member may be used for parliamentary, electorate or official business, family travel and private purposes, but not for commercial purposes.”

1.4The Principal Determination is amended by deleting clause 5.10.

1.5The Principal Determination is amended by deleting clause 7.4 and replacing it with the following:

“7.4    Frequent flyer points accrued as a result of travel at Commonwealth expense should be used to reduce the cost of future travel under the provisions of the Members of Parliament (Life Gold Pass) Act 2002 by the person who accrued the points.  Wherever possible and practicable, a person should ensure that frequent flyer points accrued by him or her are used to cover the cost of life gold pass entitlements. Points may, however, be redeemed for a donation to charity, in accordance with the provisions of the relevant reward program, provided that no financial or taxation benefit accrues to the person who accrued the points.”

1.6The Principal Determination is amended by deleting clause 12.1 and replacing it with the following:

“12.1  Frequent flyer points accrued as a result of travel at Commonwealth expense should be used to reduce the cost of future travel under the provisions of this Determination by the person who accrued the points.  Wherever possible and practicable, a person should ensure that frequent flyer points accrued by him or her are used to cover the cost of any travel under this Determination.  Points may, however, be redeemed for a donation to charity, in accordance with the provisions of the relevant reward program, provided that no financial or taxation benefit accrues to the person who accrued the points.”

1.7     The Principal Determination is amended by adding the following clauses after   clause 6.9:

6.10 Subject to clause 6.11, if in the previous year, a senator or member received a supplement under Regulation 3EA of the Parliamentary Entitlements Regulations 1997, the amount in clause 6.2 of this Determination is reduced by the amount of the supplement used for charter transport.

6.11    If the Minister has approved, under subregulation 3EA (7A) of the Parliamentary Entitlements Regulations 1997, the expenditure, in the 2011‑2012 financial year, of a supplement for the 2010‑2011 financial year, the amount in clause 6.2 of this Determination is reduced in the 2012‑2013 financial year by the amount of the supplement spent by the senator or member on charter transport in the 2010‑2011 and 2011‑2012 financial years.

6.12    However, the Minister may, having regard to the particular circumstances of the senator or member, waive the requirement in clauses 6.10 and 6.11 in relation to the senator or member.

PART 2 – MEMBERS OF PARLIAMENT – TRAVELLING ALLOWANCE

2.1       In this part, Determination Number 16 of 2011 is referred to as the Principal Determination.

2.2       The Principal Determination is amended by deleting clause 3.4 and replacing it with the following:

“3.4The Canberra rate in Table 2A is payable subject to documentary evidence of arrival in or departure from Canberra (in accordance with guidelines issued by the Special Minister of State) being produced on request.  If such evidence is not produced within 60 days of it being requested, any travelling allowance paid in respect of the undocumented period must be repaid.”

2.3     The Principal Determination is amended by adding the following clauses immediately after clause 3.15.3:

3.15.4 Subject to clause 3.15.5, if in the previous year a senator or member received a supplement under Regulation 3EA of the Parliamentary Entitlements Regulations 1997, the number of nights in Table 3A of this Determination in the following year is reduced by the number of nights travelling allowance paid using the supplement.

3.15.5 If the Minister has approved under subregulation 3EA (7A) of the Parliamentary Entitlements Regulations 1997, the expenditure, in the 2011‑2012 financial year, of a supplement for the 2010‑2011 financial year, the amount in clause 6.2 of this Determination is reduced in the 2012‑2013 financial year by the number of nights travelling allowance paid using the supplement in the 2010‑2011 and 2011‑2012 financial years.

3.15.6 However, the Minister may, having regard to the particular circumstances of the senator or member, waive the requirement in subclauses 3.15.4 and 3.15.5 in relation to the senator or member.

Signed this 25th day of August 2011.

Signed	Signed	Signed
John C Conde AO PRESIDENT	John B Prescott AC MEMBER	Jillian Segal AM MEMBER