Parliamentary Entitlements Amendment Regulations 2001 (No. 1)

Administered by Department of Finance

Legislation au F2001B00592 Regulations Not in force Legislative Instrument

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Parliamentary Entitlements Amendment Regulations 2001 (No. 1) 2001 No. 355

EXPLANATORY STATEMENT

Statutory Rules 2001 No. 355

Issued by the authority of the Minister for Finance and Administration

Parliamentary Entitlements Act 1990

Parliamentary Entitlements Amendment Regulations 2001 (No. 1)

Subsection 4(1) of the Act provides that Members are entitled to the benefits set out in Part 1 of Schedule 1 to the Act. Paragraph 5(1)(b) provides that Members are entitled to such additional benefits as are prescribed by the regulations. Section 12 of the Act provides that the GovernorGeneral may make regulations for the purposes of paragraph 5(1)(b).

The Parliamentary Entitlements Regulations provide that Members are entitled to additional benefits in the form of personalised letterhead stationery, newsletters for distribution to constituents and such other printed material, as approved by the Minister, for distribution to constituents.

The purpose of the Regulations is:

(a)       to amend the Parliamentary Entitlements Regulations:

(i)       to place a financial limit of $125,000 p.a. on the amount which may be expended in respect of the personalised stationery, newsletters and other printed material by Members of the House of Representatives; and

(ii)       to provide a comprehensive statement of the entitlement of Senators to personalised stationery, printing and photocopying;

(b)       to provide for a more satisfactory arrangement to cover the travel and associated costs when a Senator or Member travels overseas to represent the Government or a Minister.

Up until now there has been no formal limit on the value of the benefit for printing of personalised stationery, newsletters and other approved printed material. The Prime Minister, on 27 September 2001, announced the Government's intention to place a financial cap of $125,000 p.a. in respect of Members of the House of Representatives on this benefit.

The financial cap is to be imposed with effect from 1 January 2002 and apply on a pro rata basis until 30 June 2002. The Act contains two provisions (sections 6 and 14) which set out the formula for calculating a pro rata amount. This formula (based on the number of days remaining in a financial year divided by 365) has been applied to yield $61,986.00 for the period to 30 June 2002.

Up until now there has not been a satisfactory set of arrangements for when a Senator or Member travels overseas representing the Government or a Minister. The Regulations put such a mechanism in place.

There are long-standing administrative arrangements for Senators relating to their printing entitlements. In his statement of 27 September 2001 the Prime Minister said that the printing entitlements of Senators would remain the same. They have now been formally provided by Regulation.

The Regulations:

• restrict the benefit to Members of the House of Representatives;

• substitute Regulation 3:

-       to impose a financial limit of $61,986 on the printing entitlement for the period 1 January to 30 June 2002 (Regulation 3(2)); and

-       to impose a financial limit of $125,000 p.a. on the printing entitlement for each year commencing on or after 1 July 2002 (Regulation 3(3)); and

• insert a new Regulation 3A which sets outs the personalised stationery,

printing and photocopying entitlement of Senators of:

-       personalised stationery and newsletter mastheads;

-       material may be reproduced subject to a limit of 20 reams per month in the case of the President and Deputy President of the Senate, Ministers and Parliamentary Secretaries, Leader and Deputy Leader of the Opposition in the Senate, Shadow Ministers and Shadow Parliamentary Secretaries, the Leader and Deputy Leader of a Minority Party, and Party Whips;

-       a limit of 10 reams per month for other Senators; and

-       conditions relating to transferability, carrying forward and making claims in advance;

• insert a new Regulation 3A dealing with overseas travel undertaken by a

Senator or Member who, with the approval of the Prime Minister, is

representing a Minister or the Government overseas:

-       the Regulation provides for the cost of travel by the Member (fares, accommodation needs);

-       subject to the Prime Minister's approval, the cost of travel by a spouse; and

-       the cost of official hospitality extended by the Senator or Member while overseas under the same arrangements as would apply for a Minister (these include an advance of $2,500 and requires expenditure be fully accounted for) with the approval of the Special Minister of State.

The Regulations commence on gazettal.

 

Overview

The Parliamentary Entitlements Amendment Regulations 2001 (No. 1) were enacted to address gaps in the existing framework governing parliamentary entitlements, particularly in relation to printing expenses and overseas travel allowances for members of the Australian Parliament. This legislation was issued under the authority of the Minister for Finance and Administration, as permitted by the Parliamentary Entitlements Act 1990. The primary policy objectives of these regulations include imposing a financial cap on printing expenses to manage costs more effectively and establishing a structured framework for reimbursing travel expenses for Senators and Members who travel overseas to represent the Government or a Minister. The regulations introduce a limit of $125,000 per annum on the printing entitlement for Members of the House of Representatives, effective from 1 January 2002, with a pro-rata application for the first half of that year. Additionally, the regulations detail specific entitlements for Senators, including differentiated printing allowances based on their roles and responsibilities, and outline the process for reimbursing travel and hospitality expenses incurred during official overseas missions.

Scope and Application

The Parliamentary Entitlements Amendment Regulations 2001 (No. 1) apply to Members of the House of Representatives and Senators, collectively referred to as Members, under the Parliamentary Entitlements Act 1990. The Regulations specifically address financial limits on printing entitlements and establish a mechanism for covering travel expenses for Members representing the Government or a Minister overseas. The financial cap imposed by the Regulations restricts the amount that can be spent annually on personalised stationery, newsletters, and other printed material to $125,000 for Members of the House of Representatives, effective from 1 January 2002. A pro rata amount of $61,986 has been calculated for the period from 1 January to 30 June 2002. Senators, on the other hand, are subject to different limits, with the President and Deputy President of the Senate, Ministers, and other specified officials allowed up to 20 reams per month, and other Senators limited to 10 reams per month. The Regulations also lay down provisions for the reimbursement of travel expenses for Members undertaking official overseas travel, subject to the approval of the Prime Minister and, in some cases, the Special Minister of State. These Regulations commence upon their gazettal and do not specify any exclusions or exemptions beyond the outlined financial limits and conditions.

Key Provisions

The main operative sections of the Parliamentary Entitlements Amendment Regulations 2001 (No. 1) (the Regulations) establish specific financial limits and entitlements related to the printing and travel benefits for Members of the House of Representatives and Senators. Regulation 3(2) imposes a financial limit of $61,986 on the printing entitlement for the period from 1 January to 30 June 2002, and Regulation 3(3) imposes a financial limit of $125,000 per annum on the printing entitlement for each year commencing on or after 1 July 2002. Regulation 3A details the entitlements of Senators to personalised stationery, printing, and photocopying, with varying limits depending on the position, including 20 reams per month for certain high-ranking officials and 10 reams per month for other Senators. Additionally, the Regulations establish a mechanism for covering the travel and associated costs when a Senator or Member travels overseas to represent the Government or a Minister, subject to the Prime Minister's approval. The Regulations impose several obligations on the parties they govern. Members of the House of Representatives must adhere to the financial limits set forth in the Regulations for their printing entitlements. Specifically, they must ensure that the expenditure on personalised stationery, newsletters, and other printed material does not exceed the specified annual limit. Similarly, Senators must comply with the printing and photocopying limits outlined in Regulation 3A. Furthermore, when travelling overseas to represent the Government or a Minister, both Senators and Members must obtain the Prime Minister's approval and adhere to the cost limits and accounting requirements stipulated in the Regulations. The Regulations do not explicitly outline specific offences or penalties for breach. However, non-compliance with the financial limits and conditions set out in the Regulations could potentially result in disciplinary actions under the Parliamentary Entitlements Act 1990 or other relevant legislation. Given the context of the explanatory statement, it can be inferred that significant breaches might lead to financial penalties or recoupment of misused funds. Additionally, failure to adhere to the accounting requirements for overseas travel might result in scrutiny or investigation by relevant parliamentary authorities.

Legal classification tags

Area of Law
Parliamentary Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Financial Limits
Regulatory Standards
Catchwords
Pro Rata Amount
Travel Costs

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.