EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 21
Issued by the Authority of the Special Minister of State
Members of Parliament (Life Gold Pass) Act 2002
Members of Parliament (Life Gold Pass) Amendment Regulations 2009 (No. 1)
The Members of Parliament (Life Gold Pass) Act 2002 (the Act) specifies the entitlements of holders of a Life Gold Pass (former Prime Ministers, qualifying former Senators or Members), and their spouses or de facto partners, and surviving spouses or surviving de facto partners. The basic rule is that a Life Gold Pass holder is entitled to 25 return trips, within Australia, per year (former Prime Ministers are entitled to 40 return trips). The Act was recently amended, by the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws ‑ General Law Reform) Act 2008 (SSR Act), to remove marital and same sex discrimination by extending the entitlement to travel to opposite and same sex de facto partners.
Section 35 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Members of Parliament (Life Gold Pass) Regulations 2002 (the Principal Regulations) outline the ‘exceptional circumstances’ and evidence that must be provided to the Minister in relation to stopovers of more than 24 hours, pursuant to Part 7 of the Act.
Details of the Regulations are in Attachment A, below. These minor amendments bring the Principal Regulations in line with the amendments made to the Act.
The Office of Legislative Drafting and Publishing has advised that the retrospective commencement of the proposed Regulations would not detrimentally affect the rights of a person or impose liabilities on a person other than the Commonwealth and would not contravene subsection 12(2) of the Legislative Instruments Act 2003.
The Regulations would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations are taken to have commenced on 10 December 2008, being the day the amendments to the Act (made by the SSR Act) took effect.
Consultation
No consultation in relation to these Regulations was undertaken because they do not have a direct or significant indirect impact on business and do not restrict competition. Furthermore, the amendments are of a minor or machinery nature and do not substantially alter existing arrangements. The Office of Best Practice Regulation has advised that the preparation of a Regulation Impact Statement is not required.
Attachment A
Details of the Regulations
Regulation 1 – Name of Regulations
This Regulation provides that the title of the Regulations is Members of Parliament (Life Gold Pass) Amendment Regulations 2009 (No. 1).
Regulation 2 – Commencement
This Regulation provides for the Regulations to commence on 10 December 2008, which is the same day the recent amendments to the Act took effect.
Regulation 3 – Amendment to the Members of Parliament (Life Gold Pass) Act 2002
This Regulation provides that the Principal Regulations are amended, as set out in Schedule 1.
Schedule 1
Item [1], subregulation 4(1)
Item [2], subregulation 6(2)
Item [4], subregulation 6(4)
These items insert a reference to ‘de facto partner’ wherever the term ‘spouse’ is used. The term ‘de facto partner’ is defined in the Act.
Item [3], subregulation 6(3)
Following the amendments to the Act, the terms ‘widow’ or ‘widower’ have been replaced with the term ‘surviving spouse or de facto partner’, which is defined in the Act. This item replaces the terms ‘widow’ and ‘widower’ in subregulation 6(3) with the new term ‘surviving spouse or de facto partner’.
Overview
The Members of Parliament (Life Gold Pass) Amendment Regulations 2009 (No. 1) were enacted to address the gap in the existing legislative framework concerning the entitlements of Life Gold Pass holders, as identified by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008 (SSR Act). This piece of legislation was introduced to ensure non-discriminatory treatment of both opposite and same-sex de facto partners of former Prime Ministers, Senators, and Members of Parliament. The regulations were issued by the Authority of the Special Minister of State and were brought into effect on 10 December 2008, the same day as the amendments to the Act took effect. The primary objective of these amendments is to eliminate any form of marital and same-sex discrimination by extending the entitlement to travel to both opposite and same-sex de facto partners.
Scope and Application
The Members of Parliament (Life Gold Pass) Act 2002 applies to former Prime Ministers, qualifying former Senators or Members of Parliament, and their spouses or de facto partners, as well as surviving spouses or surviving de facto partners. The Act entitles these individuals to a specified number of return trips within Australia each year, with former Prime Ministers eligible for 40 trips and others for 25. The Act was amended by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008 to ensure equal treatment for opposite and same-sex de facto partners. This change is reflected in the accompanying regulations which also adjust references to spouses to include de facto partners. The Act operates on a Commonwealth level, and its provisions are further detailed and expanded upon in subordinate regulations, which are amended to align with the Act’s updated provisions. The regulations themselves commenced on the same day as the Act's amendments, 10 December 2008.
Key Provisions
The Members of Parliament (Life Gold Pass) Amendment Regulations 2009 (No. 1) amend the Members of Parliament (Life Gold Pass) Regulations 2002 to align with recent legislative changes made by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008 (SSR Act). The primary amendments are found in Regulation 3, which updates the Principal Regulations to reflect the Act's removal of discrimination based on marital status or same-sex relationships. For instance, subregulation 4(1) and subregulation 6(2) now include references to 'de facto partner' wherever 'spouse' was previously mentioned. Similarly, subregulation 6(4) has been adjusted to reflect this change. Subregulation 6(3) has been modified to replace the terms 'widow' and 'widower' with 'surviving spouse or de facto partner', ensuring the Regulations accurately reflect the updated terminology in the Act.
The Regulations impose specific obligations on the parties they govern, primarily ensuring that the entitlements and provisions outlined in the Act are uniformly applied. This includes the requirement for former Prime Ministers, qualifying former Senators or Members, and their respective spouses or de facto partners to adhere to the travel entitlements specified. Additionally, the Regulations necessitate the provision of evidence when claiming more than 25 return trips per year or stopovers exceeding 24 hours, as per the requirements outlined in Part 7 of the Act. This ensures that the use of the Life Gold Pass remains within the stipulated limits and conditions.
Any breach of the provisions set out in the Act and the Regulations can lead to civil or criminal consequences. While the specific penalties are not detailed in the Explanatory Statement, it is implied that non-compliance with the travel entitlements or the failure to provide requisite evidence could result in legal action. The penalties could range from fines to more severe sanctions, depending on the nature and severity of the breach. It is important for holders of the Life Gold Pass to strictly adhere to the terms set out in the Act and the Regulations to avoid any potential legal repercussions.