Members of Parliament (Life Gold Pass) Regulations 2002
Statutory Rules 2002 No. 313 as amended
made under the
Members of Parliament (Life Gold Pass) Act 2002
This compilation was prepared on 2 March 2009
taking into account amendments up to SLI 2009 No. 21
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part 1 Preliminary
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Definitions
Part 2 Stop‑overs
4 Exceptional circumstances — health reasons
5 Exceptional circumstances — transport reasons
6 Evidence must be given to the Minister
Notes
Part 1 Preliminary
1 Name of Regulations [see Note 1]
These Regulations are the Members of Parliament (Life Gold Pass) Regulations 2002.
2 Commencement [see Note 1]
These Regulations commence on the commencement of Part 7 of the Members of Parliament (Life Gold Pass) Act 2002.
3 Definitions
In these Regulations:
24 hour period, in relation to a stop‑over, is the period of the first 24 hours of the stop‑over.
Act means the Members of Parliament (Life Gold Pass) Act 2002.
eligible traveller means a person who undertakes a domestic return trip to which section 21, 22, 23 or 24 of the Act applies.
Part 2 Stop‑overs
4 Exceptional circumstances — health reasons
(1) For subparagraphs 21 (c) (ii), 22 (d) (ii), 23 (d) (ii) and 24 (c) (ii) of the Act, each of the following is an exceptional circumstance:
(a) the eligible traveller has an injury or illness that prevents him or her from travelling within the 24 hour period;
(b) if the eligible traveller is a former member accompanied by his or her spouse or de facto partner — the spouse or de facto partner has an injury or illness that prevents him or her from travelling within the 24 hour period;
(c) if the eligible traveller is the spouse or de facto partner of a former member (including a former Prime Minister) and is accompanying the former member — the former member has an injury or illness that prevents him or her from travelling within the 24 hour period;
(d) if the eligible traveller is the spouse or de facto partner of a sitting member and is accompanying the sitting member — the sitting member has an injury or illness that prevents him or her from travelling within the 24 hour period.
(2) A medical certificate for the person with the injury or illness is evidence of the exceptional circumstance under this regulation if it states:
(a) that the person concerned has an injury or illness; and
(b) that the injury or illness would prevent the person concerned from travelling within the 24 hour period.
5 Exceptional circumstances — transport reasons
(1) For subparagraphs 21 (c) (ii), 22 (d) (ii), 23 (d) (ii) and 24 (c) (ii) of the Act, it is an exceptional circumstance if:
(a) a scheduled transport service is delayed or cancelled; and
(b) the delay or cancellation prevents the eligible traveller from travelling within the 24 hour period.
(2) A statutory declaration by the eligible traveller is evidence of the exceptional circumstance under this regulation if it declares that:
(a) the scheduled transport service was delayed or cancelled; and
(b) the delay or cancellation prevented the eligible traveller from travelling within the 24 hour period.
6 Evidence must be given to the Minister
(1) This regulation applies if an eligible traveller:
(a) has a stop‑over for longer than the 24 hour period; and
(b) satisfies the exceptional circumstance requirements in subregulation 4 (1) or 5 (1).
(2) If the eligible traveller is the holder of a Life Gold Pass or the spouse or de facto partner of the holder of a Life Gold Pass, the holder of the Life Gold Pass must give to the Minister the evidence mentioned in subregulation 4 (2) or 5 (2).
(3) If the eligible traveller is the surviving spouse or de facto partner of a holder of a Life Gold Pass, the eligible traveller must give to the Minister the evidence mentioned in subregulation 4 (2) or 5 (2).
(4) If the eligible traveller is the spouse or de facto partner of a sitting member who has satisfied the relevant qualifying period for the issue of a Life Gold Pass, the sitting member must give to the Minister the evidence mentioned in subregulation 4 (2) or 5 (2).
Notes to the Members of Parliament (Life Gold Pass) Regulations 2002
Note 1
The Members of Parliament (Life Gold Pass) Regulations 2002 (in force under the Members of Parliament (Life Gold Pass) Act 2002) as shown in this compilation comprise Statutory Rules 2002 No. 313 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2002 No. 313 | 19 Dec 2002 | 30 Dec 2002 (see r. 2) | |
2009 No. 21 | 2 Mar 2009 (see F2009L00702) | 10 Dec 2008 (see r. 2) | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Part 2 | |
R. 4................. | am. 2009 No. 21 |
R. 6................. | am. 2009 No. 21 |
Overview
The Members of Parliament (Life Gold Pass) Regulations 2002 were enacted to provide detailed rules for the implementation of the Members of Parliament (Life Gold Pass) Act 2002. This legislation was introduced to address the need for a regulatory framework that governs the conditions under which former and current members of Parliament, and their spouses or de facto partners, may use a Life Gold Pass for travel purposes. The regulations were enacted by the Parliament of Australia, aiming to ensure the proper and transparent use of the Life Gold Pass, which grants holders access to certain benefits and services, including domestic travel. The primary policy objective of these regulations is to maintain the integrity of the Life Gold Pass scheme by setting out specific conditions and requirements that must be met for the pass to be used, particularly in the context of stop-overs during travel.
These regulations detail the circumstances under which a stop-over may be justified, such as health issues or transport delays, and specify the evidence that must be provided to the Minister to substantiate such claims. The regulations outline the process for submitting evidence, such as medical certificates or statutory declarations, to support exceptional circumstances that warrant a stop-over beyond the initial 24-hour period. This ensures that the use of the Life Gold Pass remains consistent with the legislative intent and prevents misuse or abuse of the travel privileges associated with the pass.
Scope and Application
The Members of Parliament (Life Gold Pass) Regulations 2002 are subsidiary legislation made under the Members of Parliament (Life Gold Pass) Act 2002 and apply to any persons who hold a Life Gold Pass, which includes Members of Parliament, former Members of Parliament, and their spouses or de facto partners. The Regulations govern the conditions under which these individuals can make stop-overs during domestic travel and provide specific exceptions for health and transport-related reasons. The Regulations apply throughout the Commonwealth of Australia and do not exclude any persons or entities from their scope. The Regulations are subject to amendment by further statutory rules, which may alter their provisions or introduce new ones. The Regulations require that any stop-over beyond the initial 24-hour period must be justified by exceptional circumstances, such as health issues or transport delays, and appropriate evidence must be submitted to the Minister.
Key Provisions
The Members of Parliament (Life Gold Pass) Regulations 2002, made under the Members of Parliament (Life Gold Pass) Act 2002, provide detailed provisions regarding the use of Life Gold Passes by members of Parliament and their eligible companions. Specifically, these regulations address the permissible circumstances for stop-overs that exceed the initial 24-hour period. Section 4 outlines that an exceptional circumstance allowing for a longer stop-over includes instances where the eligible traveller or their companion suffers from an injury or illness that prevents travel within the first 24 hours. This is evidenced by a medical certificate detailing the injury or illness and its impact on the traveller's ability to continue their journey. Similarly, section 5 recognises exceptional circumstances when a scheduled transport service is delayed or cancelled, preventing the traveller from continuing their journey within the initial 24-hour period. This must be substantiated by a statutory declaration from the traveller.
These regulations impose specific obligations on eligible travellers and their companions. For instance, if a traveller remains for more than 24 hours due to an exceptional circumstance, they must provide appropriate evidence to the Minister. This could be a medical certificate for health-related issues or a statutory declaration for transport delays or cancellations. The person responsible for submitting this evidence varies depending on the relationship to the Life Gold Pass holder. For instance, if the traveller is the Life Gold Pass holder or their spouse or de facto partner, they must provide the evidence directly to the Minister. Conversely, if the traveller is the surviving spouse or de facto partner of a Life Gold Pass holder, or the spouse or de facto partner of a sitting member, the sitting member is responsible for providing the evidence.
Breaching the requirements of these regulations may have civil or administrative consequences. For example, failure to provide the necessary evidence to the Minister within the stipulated timeframe or providing false evidence could lead to penalties or the revocation of the Life Gold Pass. While the specific penalties are not detailed in the provided text, it is clear that non-compliance with these regulations could result in significant consequences for the individuals involved. The regulations ensure that the Life Gold Pass is used appropriately and only under exceptional circumstances, maintaining the integrity of the scheme.