Parliamentary Allowances Act 1970

Overview

The Parliamentary Allowances Act 1970 was enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Parliamentary Allowances Act 1952–1968. This Act was introduced to address the need for updating the allowances payable to Senators and members of the House of Representatives, as well as to clarify the interpretation of the day of election or re-election for the purposes of the allowances. The Act received Royal Assent on 17 June 1970 and came into operation on the same day. The primary policy objective of the Parliamentary Allowances Act 1970 is to ensure that the allowances provided to Members of Parliament are reviewed and adjusted in line with any changes in the cost of living or other relevant factors. By amending the previous Act, this legislation also sought to provide clarity on the interpretation of the day of election or re-election for the purposes of calculating allowances, thus ensuring that Members of Parliament receive their entitlements accurately and promptly.

Scope and Application

The Parliamentary Allowances Act 1970 applies to Senators and members of the House of Representatives within the Commonwealth of Australia. This Act amends the Parliamentary Allowances Act 1952–1968 to modify the allowances and other financial benefits for these federal parliamentarians. The Act specifically addresses the calculation of the allowances for Senators and members of the House of Representatives, as well as the interpretation of certain dates related to their elections and re-elections. The geographic reach of the Act is national, applying across all federal electoral divisions within Australia. There are no stated exclusions, exemptions, or thresholds within the text of the Act itself, although the allowances and benefits are subject to amendments through subordinate legislation as necessary. The Act does not explicitly mention the extension or restriction of its application through subordinate instruments, but the allowance figures and electoral provisions can be updated accordingly through such means.

Key Provisions

The Parliamentary Allowances Act 1970 makes specific amendments to the Parliamentary Allowances Act 1952–1968, beginning with the introduction of a new interpretation section (section 3a). This section clarifies the definition of the day of election or re-election for Senators and members of the House of Representatives, depending on whether the election was determined by polling or another method. This new interpretation aids in the accurate calculation of allowances. Section 4 of the Act increases the annual allowance for Senators from $2,650 to $2,750. Additionally, it modifies the calculation of this allowance to commence on the day fixed for the polling at an election rather than the day of the election itself. Similarly, section 5 amends the allowance for members of the House of Representatives, ensuring that the allowance ends on the day before the polling day at a general election if the member is not re-elected. These changes ensure that the timing and amounts of allowances are uniformly calculated and paid. The Act imposes several obligations on Senators and members of the House of Representatives, primarily centred around the accurate reporting and claiming of allowances. Senators and members must adhere to the new definitions and timelines set forth in the amended sections. They must ensure that their claims for allowances are consistent with the provisions outlined in the Act, particularly concerning the commencement and cessation of allowances. Furthermore, the requirement to report the day of election or re-election according to the new interpretation section adds a layer of administrative duty that must be correctly managed to avoid discrepancies in allowance payments. Breaches of the provisions outlined in the Act could lead to civil or criminal consequences, although specific offences, penalties, or consequences are not detailed in the provided text. Generally, under Australian legislative frameworks, non-compliance with provisions related to allowances could result in penalties such as fines or, in severe cases, criminal charges. However, the maximum penalties are not specified in the excerpt and would typically be found in other sections of the Act or related legislation. It is also possible that administrative or disciplinary actions could be taken by parliamentary bodies or committees for significant non-compliance.