Parliamentary Allowances Act 1920

Overview

The Parliamentary Allowances Act 1920 was enacted to establish and regulate the allowances granted to members of each House of the Parliament of the Commonwealth. This Act was introduced to address the need for a systematic and legally binding framework governing the allowances for senators and members of the House of Representatives, thereby replacing the previous Parliamentary Allowances Act 1907. Enacted by the Parliament of Australia, the primary policy objective of this Act is to ensure that parliamentarians receive appropriate financial compensation for their service, while also distinguishing between various roles within the parliamentary system by setting different allowance rates accordingly. This Act also includes provisions for the reckoning of allowances based on the circumstances of a senator’s or member’s election or appointment, and appropriates the allowances to be paid out of the Consolidated Revenue Fund.

Scope and Application

The Parliamentary Allowances Act 1920 applies to all senators and members of the House of Representatives in the Commonwealth of Australia, with specific provisions detailing the allowances they are entitled to receive. The Act sets an annual allowance of One thousand pounds for each senator and member of the House of Representatives, with additional allowances provided for those who hold certain offices such as Minister of State, President of the Senate, Speaker of the House of Representatives, Chairman of Committees of the Senate, or Chairman of Committees of the House of Representatives, who receive an additional Eight hundred pounds per year. Furthermore, the Act provides for an allowance to the Leader of the Opposition in the Senate and the Leader of the Opposition in the House of Representatives at the rates of Two hundred pounds and Four hundred pounds per year respectively. The allowances are payable from the date of election, with specific reckoning provisions for senators elected at different times. The Act also details that the allowances shall be appropriated from the Consolidated Revenue Fund and outlines that any unclaimed allowances revert to the Treasury after three months. The Act's application extends nationally across the Commonwealth of Australia.

Key Provisions

The Parliamentary Allowances Act 1920 (section 1) sets out the allowance to be paid to members of each House of the Parliament of the Commonwealth. It provides a general annual allowance of One thousand pounds to each senator and member of the House of Representatives (section 3). However, certain high-ranking positions such as Minister of State, President of the Senate, Speaker of the House of Representatives, Chairman of Committees of the Senate, or Chairman of Committees of the House of Representatives, receive a reduced allowance of Eight hundred pounds a year in addition to the emoluments of their office (section 3). Additionally, the Act provides for specific allowances to the Leaders of the Opposition in both the Senate and the House of Representatives (section 7). The Act specifies the starting point for reckoning these allowances: for senators, it varies depending on whether the election is a general election, a rotational election, or to fill a casual vacancy (section 4); for members of the House of Representatives, it starts from the day of their election (section 5). The Act also appropriates the allowances from the Consolidated Revenue Fund (section 8) and specifies that any unclaimed allowances revert to the Treasury if not claimed within three months (section 9). Under the Parliamentary Allowances Act 1920, senators and members of the House of Representatives must ensure they comply with the specified allowances and their respective conditions. They must adhere to the defined start dates for their allowances as per their election type or appointment (sections 4 and 5). High-ranking officials must reconcile their allowances with their office emoluments (section 3). The Act also requires the Opposition Leaders to be aware of their additional allowances (section 7). Moreover, senators and members must claim their allowances within three months of them becoming due, or they will revert to the Treasury (section 9). The Parliamentary Allowances Act 1920 includes provisions for breaches and non-compliance. Failure to claim allowances within the stipulated three months results in the moneys reverting to the Treasury (section 9). There are no explicit provisions detailing other specific offences, penalties, or civil/criminal consequences for breaches in the Act. However, general legislative principles may apply where non-compliance could lead to administrative actions or other legal repercussions as per the applicable laws.