EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 235
Issued by the Authority of the Special Minister of State
Parliamentary Entitlements Act 1990
Parliamentary Entitlements Amendment Regulations 2005 (No. 2)
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 section 9. Subsection 9(2) of the Act provides a Scheduled benefit may be varied or omitted by the regulations.
Subitem 9(1) of Part 1 of Schedule 1 to the Act sets out the entitlements of members (defined in section 3 of the Act as meaning a member of either House of the Parliament) travelling as part of a parliamentary delegation. Subitem 9(2) of Part 1 of Schedule 1 to the Act further provides that such members may downgrade their class of travel entitlement to enable them to offset the fare of an accompanying spouse, or to enable travel to be extended for purposes related to Parliamentary or electorate business.
The Amendment Regulations amend subitem 9(2) of Part 1 of Schedule 1 to the Act to clarify that members may downgrade their class of travel entitlement to both offset the cost of their spouse accompanying them and to extend their travel, should they wish to do so.
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: Section 12 of the Parliamentary Entitlements Act 1990
Overview
The Parliamentary Entitlements Amendment Regulations 2005 (No. 2) were enacted to clarify provisions within the Parliamentary Entitlements Act 1990, which governs the allowances and entitlements available to Senators and Members of the Australian Parliament. The original Act provides a range of allowances, including for electorate office equipment and facilities, overseas delegation travel, and personalised stationery and newsletters, that are not covered by Remuneration Tribunal Determinations. This piece of legislation was introduced to address a need for clarity regarding the conditions under which members may downgrade their class of travel entitlement. Specifically, the Amendment Regulations were created under the authority of section 12 of the Parliamentary Entitlements Act 1990 and aim to ensure that members can downgrade their travel class to both offset the cost of an accompanying spouse and extend their travel for parliamentary or electorate business purposes. The regulations were issued by the Authority of the Special Minister of State and were not subject to consultation or the preparation of a Regulation Impact Statement, as they are considered minor and do not substantially alter existing arrangements.
Scope and Application
The Parliamentary Entitlements Act 1990 (the Act) applies to Senators and Members of the Australian Parliament, granting them a range of allowances not covered by Remuneration Tribunal Determinations, such as electorate office equipment and facilities, overseas delegation travel, and personalised stationery and newsletters. The Act primarily provides these entitlements to members of either House of the Parliament. Section 12 of the Act allows the Governor-General to make regulations to further define the allowances specified in section 9, including the ability to vary or omit Scheduled benefits as per subsection 9(2). The Parliamentary Entitlements Amendment Regulations 2005 (No. 2) specifically amend subitem 9(2) of Part 1 of Schedule 1 to clarify that members can downgrade their class of travel entitlement to offset the cost of an accompanying spouse's fare and to extend their travel for parliamentary or electorate business purposes. These regulations are considered minor and of a machinery nature, hence no extensive consultation or Regulatory Impact Statement was required. The Amendment Regulations come into effect on the day after they are registered on the Federal Register of Legislative Instruments.
Key Provisions
The Parliamentary Entitlements Amendment Regulations 2005 (No. 2) (the Regulations) amend section 9(2) of Schedule 1 of the Parliamentary Entitlements Act 1990 (the Act). These Regulations provide clarification on the entitlement of Senators and Members of the Parliament when they are travelling as part of a parliamentary delegation. Specifically, subitem 9(2) of Part 1 of Schedule 1 to the Act has been amended to allow members to downgrade their class of travel entitlement to offset the cost of an accompanying spouse and to extend their travel for parliamentary or electorate business. This amendment aims to provide greater flexibility to members when managing their travel arrangements.
The Regulations impose obligations on Senators and Members of the Parliament to ensure they comply with the entitlements and conditions specified in the Act and the Regulations. They must correctly utilise their entitlements as outlined, particularly in relation to travel arrangements, and ensure that any downgrading of travel class is done in accordance with the amended subitem 9(2). Failure to adhere to these provisions may result in misuse of parliamentary entitlements, potentially leading to financial discrepancies or inappropriate use of public funds.
The Act itself does not explicitly detail offences, penalties, or consequences for breach. However, breaches of parliamentary entitlements could result in disciplinary actions, financial penalties, or other repercussions as determined by the Parliament. The Regulations do not introduce new penalties but clarify existing provisions to ensure compliance with the intended use of entitlements.
The Regulations do not establish specific criminal or civil penalties for non-compliance. Instead, any breach of the entitlements and conditions as outlined in the Act and the Regulations would likely be subject to internal parliamentary processes or other legislative provisions that govern misconduct by members. The overarching principle is to maintain the integrity of the entitlements system and ensure they are used appropriately for parliamentary purposes.
In conclusion, the Parliamentary Entitlements Amendment Regulations 2005 (No. 2) serve to clarify the conditions under which Senators and Members can downgrade their travel class when on parliamentary delegations. They impose a duty on members to adhere to the specified entitlements and conditions, and while the Regulations themselves do not introduce new penalties, breaches could still lead to internal parliamentary consequences or other legal repercussions.