EXPLANATORY STATEMENT
Select Legislative Instrument 2005 N0. 197
Issued by the Authority of the Special Minister of State
Parliamentary Entitlements Act 1990
Parliamentary Entitlements Amendment Regulations 2005 (No. 1)
The Parliamentary Entitlement Act 1990 (the Act) provides Senators and Members with a range of allowances, not covered by Remuneration Tribunal Determinations, including electorate office equipment and facilities, overseas delegation travel and personalised stationery and newsletters.
Section 12 of the Act provides in part that the Governor-General may make regulations for the purpose of paragraph 5(1)(b). Paragraph 5(1)(b) of the Act provides that Members, Parliamentary office-holders and Ministers are entitled to such additional benefits as are prescribed by the regulations.
Regulation 3G of the Parliamentary Entitlements Regulations 1997 (the Principal Regulations) provides, as additional benefits to the Leader of the Opposition in the House of Representatives and the leader of a minority party, the cost of mobile telephone services for the use of personal staff.
The Amendment Regulations amend Regulation 3G of the Principal Regulations to add the Leader of The Nationals in the Senate to the list of persons entitled to the cost of mobile telephone services for the use of personal staff.
The Act specifies no conditions that need to be satisfied before the power to make the Amendment Regulations may be exercised.
The Amendment Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Legislative Instruments Act).
In relation to section 17 of the Legislative Instruments Act, consultation was not undertaken within the Australian Government in relation to the Amendment Regulations, as they are of a minor or machinery nature and do not substantially alter existing arrangements. The Office of Regulation Review has advised that the preparation of a Regulation Impact Statement is not mandatory for the same reasons.
The Amendment Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Authority: Paragraph 5(1)(b) and
section 12 of the Parliamentary Entitlements Act 1990
Overview
The Parliamentary Entitlements Amendment Regulations 2005 (No. 1) were introduced to address a specific gap within the Parliamentary Entitlements Act 1990, aiming to extend the entitlement to mobile telephone services for personal staff to an additional political party leader. The Act, enacted in 1990, provides various allowances to Senators, Members, Parliamentary office-holders, and Ministers, which are not covered by Remuneration Tribunal Determinations. This includes allowances for electorate office equipment, overseas delegation travel, and personalised stationery and newsletters. The problem these regulations address is the need to update the list of entitled individuals to include the Leader of The Nationals in the Senate for mobile telephone services for personal staff, aligning the regulations with the evolving political landscape and ensuring equitable treatment across party leaders.
The regulations were issued by the Authority of the Special Minister of State and are a legislative instrument under the Legislative Instruments Act 2003. They were enacted without the requirement for consultation or a Regulation Impact Statement, as they are deemed minor and do not substantially alter existing arrangements. The policy objective is to ensure that the Parliamentary Entitlements Act remains relevant and equitable, reflecting the current composition of political leadership within the Parliament. These amendments come into effect on the day after they are registered on the Federal Register of Legislative Instruments.
Scope and Application
The Parliamentary Entitlements Amendment Regulations 2005 (No. 1) amends the Parliamentary Entitlements Regulations 1997 to extend certain allowances to an additional category of political figures under the Parliamentary Entitlements Act 1990. Specifically, the Amendment Regulations add the Leader of The Nationals in the Senate to the list of individuals entitled to the cost of mobile telephone services for the use of personal staff, aligning their entitlements with those of the Leader of the Opposition in the House of Representatives and the leader of a minority party. These regulations apply to the federal level within the Commonwealth of Australia, targeting particular political roles and their associated allowances. There are no exclusions or exemptions specified within these Amendment Regulations; however, they are crafted as minor adjustments without the need for extensive consultation or a Regulatory Impact Statement, as they do not materially change the existing legislative framework. The regulations come into effect on the day following their registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the Parliamentary Entitlements Amendment Regulations 2005 (No. 1) pertain to the modification of Regulation 3G in the Parliamentary Entitlements Regulations 1997. This amendment specifically addresses the entitlement of the Leader of The Nationals in the Senate to the cost of mobile telephone services for personal staff, aligning with the existing provisions for the Leader of the Opposition in the House of Representatives and the leader of a minority party (Reg. 3G). This addition is made under the authority provided by section 12 of the Parliamentary Entitlements Act 1990, which allows the Governor-General to make regulations for additional benefits prescribed by the regulations (s. 12).
The obligations imposed by the Amendment Regulations primarily affect the Leader of The Nationals in the Senate, granting them the same entitlement to mobile telephone services for personal staff as the Leader of the Opposition and the leader of a minority party. This change is designed to ensure consistency in the provision of certain allowances and facilities across different leadership positions within the parliamentary framework.
Under the amended regulations, the failure to comply with the entitlements specified could result in civil or administrative consequences, although the exact nature of these consequences is not explicitly detailed within the text of the Amendment Regulations. The regulations do not outline specific offences or penalties, but it is reasonable to infer that non-compliance could be addressed through the established mechanisms of the Parliamentary Entitlements Act 1990. Given the nature of the entitlements involved, any breach of these provisions could lead to scrutiny and potential corrective actions to ensure adherence to the parliamentary allowances as prescribed by law.