EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 145
Minute No. 8 of 2007 – Special Minister of State
Subject - Parliamentary Entitlements Act 1990
Parliamentary Entitlements Amendment Regulations 2007 (No. 1)
The Parliamentary Entitlements Act 1990 (the Act) provides Members of each House of Parliament with a range of benefits, including electorate office equipment and facilities, overseas delegation travel and personalised stationery and newsletters. Other benefits are also provided under relevant Remuneration Tribunal Determinations and in particular, Remuneration Tribunal Determination 2006/18 (the Determination).
Section 12 of the Act provides that the Governor-General may make regulations for the purposes of paragraph 5(1)(b) and section 9 of the Act. Paragraph 5(1)(b) provides that Members, Parliamentary office-holders and Ministers are entitled to such additional benefits as are prescribed by the regulations. Subsection 9(2) provides that a benefit prescribed in Schedule 1 to the Act may be varied or omitted by the regulations.
The Regulations allow Members of the House of Representatives to use their printing entitlement to communicate with their current constituents and people who will become their constituents after an electoral redistribution, via newsletters and other printed material (as approved by the Special Minister of State).
Under the entitlements framework, Senators and Members are able to use their Communications Allowance, provided under clause 10 of the Determination, to communicate with persons including those who will become constituents after an electoral redistribution. However, the Parliamentary Entitlements Regulations 1997 previously allowed Members of the House of Representatives to use their printing entitlement to communicate with such persons who are not yet “constituents” only via personalised letterhead stationery. The Regulations rectify this anomaly.
The Act does not impose any conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.
The regulation amendment is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Legislative Instruments Act). The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
In relation to section 17 of the Legislative Instruments Act, consultation was not undertaken within the Australian Government in relation to the regulation amendment, as they are of a minor or machinery nature and do not substantially alter existing arrangements. As such, the Office of Best Practice Regulation has advised that the preparation of a Regulation Impact Statement and a Business Cost Calculator Report are not necessary.
The Minute recommends that Regulations be made in the form proposed.
Authority: Section 12 of the Parliamentary Entitlements Act 1990
Overview
The Parliamentary Entitlements Act 1990, enacted by the Parliament of Australia, provides a comprehensive range of benefits to Members of Parliament, including electorate office equipment, travel for overseas delegations, and personalised stationery and newsletters. These provisions are designed to support the effective functioning of the democratic process by ensuring Members have the necessary resources to communicate with and represent their constituents. The Act also references relevant Remuneration Tribunal Determinations, such as Determination 2006/18, which further detail the benefits available to Members and office-holders. The Parliamentary Entitlements Amendment Regulations 2007 (No. 1) were introduced to address a specific anomaly in the use of printing entitlements by Members of the House of Representatives. These Regulations were necessary to rectify the previous limitation that allowed such Members to communicate with future constituents only through personalised letterhead stationery, thereby ensuring consistency with the broader entitlements framework which permits communication via other approved means, such as newsletters.
The Regulations were made under the authority of Section 12 of the Parliamentary Entitlements Act 1990, which empowers the Governor-General to make regulations for the purposes of paragraph 5(1)(b) and section 9 of the Act. The policy objective of these amendments was to ensure equitable treatment in the use of parliamentary entitlements across different categories of Members, thereby enhancing the efficiency and effectiveness of parliamentary communications. The Regulations came into effect on the day after their registration on the Federal Register of Legislative Instruments and were considered minor adjustments that did not require extensive consultation or the preparation of a Regulation Impact Statement or a Business Cost Calculator Report.
Scope and Application
The Parliamentary Entitlements Act 1990 applies to Members of each House of Parliament, Parliamentary office-holders, and Ministers, providing them with a range of benefits as outlined in the Act and relevant Remuneration Tribunal Determinations, such as the 2006/18 Determination. The Act allows the Governor-General to make regulations to prescribe additional benefits for these individuals under section 12, enabling the use of benefits such as electorate office equipment, overseas delegation travel, and personalised stationery and newsletters. The Act's jurisdiction is Commonwealth, applying across Australia. The Parliamentary Entitlements Amendment Regulations 2007 (No. 1) rectify an anomaly by allowing Members of the House of Representatives to use their printing entitlement for communication with future constituents via newsletters and approved printed material, aligning with the use of the Communications Allowance for such purposes. The Regulations do not impose specific conditions for their application, and they commenced on the day after their registration on the Federal Register of Legislative Instruments. This amendment is considered minor or of a machinery nature, exempting it from the requirement for consultation, a Regulation Impact Statement, or a Business Cost Calculator Report under section 17 of the Legislative Instruments Act 2003.
Key Provisions
The Parliamentary Entitlements Amendment Regulations 2007 (No. 1) amend the Parliamentary Entitlements Regulations 1997 to provide Members of the House of Representatives with the ability to use their printing entitlement to communicate with current and prospective constituents through newsletters and other printed materials, subject to approval by the Special Minister of State (sections 1 and 2). These Regulations clarify and expand the use of the printing entitlement to ensure Members can effectively communicate with their electorate, correcting an inconsistency where previously, only personalised letterhead stationery was permitted for communication with individuals who were not yet constituents (section 3). The Regulations align the entitlements of Members of the House of Representatives with those of Senators, who are already able to use their Communications Allowance for similar purposes (section 4).
The Act imposes no specific conditions or obligations that need to be satisfied before the power to make these Regulations can be exercised (section 12). The Regulations themselves do not introduce new obligations but modify existing entitlements, thereby allowing Members of the House of Representatives to better utilise their printing allowance for communication purposes in line with the entitlements of Senators. This change aims to ensure consistency and fairness in the use of parliamentary entitlements across different members of Parliament.
There are no explicit offences or penalties outlined in the Explanatory Statement for breaches of these Regulations. However, the general legislative framework under which these Regulations operate would imply that any misuse of entitlements or non-compliance with the approved communication methods could potentially lead to disciplinary actions or other consequences as prescribed under the overarching Parliamentary Entitlements Act 1990 or relevant Remuneration Tribunal Determinations. The Explanatory Statement does not specify maximum penalties but indicates that the Regulations are of a minor or machinery nature, thus not requiring extensive impact assessments or consultations.