Explanatory Statement: Determination 2018/04:

Members of Parliament

1. The determination is made under the Parliamentary Business Resources Act 2017 (the PBR Act), which gives the Remuneration Tribunal (the Tribunal) power to make determinations in relation to various matters for members of the Parliament in sections 14, 15, 31, 45 and 46.
2. The Tribunal must determine the remuneration to be paid to members, the rates of travel allowances for domestic travel, and the allowances and expenses to be paid to former members.  The Tribunal must publish its reasons for making a determination.
3. The Tribunal also has functions under section 35 of the PBR Act relating to travel expenses, travel allowances and other public resources.  The Tribunal must inquire annually into travel expenses and travel allowances for domestic travel (except rates of travel allowances for domestic travel which it determines), and may be asked by the Special Minister of State to inquire into other matters.  Regulations must be made or amended in accordance with the Tribunal’s recommendations.
4. Before the commencement of the PBR Act on 1 January 2018, the Tribunal was given power to make determinations in relation to these matters by the Remuneration Tribunal Act 1973 (the Remuneration Tribunal Act).  Under the PBR Act, the Tribunal made Determination 2017/23 Members of Parliament (the Principal Determination) and Determination 2017/24 Retirement Parliamentary Travel with effect from 1 January 2018 replacing Determinations 2017/12, 2017/13 and 2017/16 made under the Remuneration Tribunal Act.

Consultation

5.     The provisions addressed in this determination were previously included in Determination 2017/16 Members of Parliament – Travelling Allowance.  

6.     Determination 2018/04 amends the provisions in the new Principal Determination concerning the travel certification process and Canberra travel policy to remove anomalies arising from the simplified drafting process.

7.     The Independent Parliamentary Expenses Authority and the Department of Finance were consulted on the amended wording of the provisions, which reinstates aspects of the travel certification process and the Canberra travel policy with effect from 1 January 2018.

Retrospectivity 

8.     Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislation Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person’s disadvantage, nor does it impose any liability on such a person.

The power to repeal, rescind and revoke, amend and vary

9.     Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Details of the determination are as follows:

PART 1 – TRAVEL ALLOWANCES

10. Clause 1.1 specifies the Principal Determination (Number 23 of 2017) for the purposes of Part 1 of the determination.

11. Clause 1.2 amends the wording of clause 5.4 of the Principal Determination by omitting the words:

‘Where a member, including the Prime Minister or Acting Prime Minister, stays in non-commercial accommodation, the rate of travel allowance for the night is one-third of the rate that would have applied had the member stayed in commercial accommodation, rounded up to the nearest $1’;

and replacing it with:

‘Where a member, including the Prime Minister or Acting Prime Minister, stays in non-commercial accommodation, the rate of travel allowance for the night is one-third of the rate in clause 5.1 or 5.3, rounded up to the nearest $1. This provision does not apply to stays in Canberra’.

12. Clause 1.3 amends the wording of clause 5.7 of the Principal Determination by omitting the words:

‘‘Commercial accommodation’ means accommodation in a commercial establishment such as a hotel, motel or serviced apartment. However, if the member does not produce to the administrator a receipt for accommodation given to the member by the accommodation provider, the accommodation is taken to be non-commercial accommodation’;

and replacing it with:

‘Commercial accommodation’ means accommodation in a commercial establishment such as a hotel, motel or serviced apartment. However, if the member does not produce to the Administrator a receipt for accommodation given to the member by the accommodation provider, or provide certification to the Administrator that such a receipt can be produced upon request and does not subsequently provide such a receipt when requested, the accommodation is taken to be non-commercial accommodation.’