Public Service (Establishment of Independent Parliamentary Expenses Authority) Order 2017

Public Service (Establishment of Independent Parliamentary Expenses Authority) Order 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following order.

Dated  9 February 2017

(signed Peter Cosgrove)

Peter Cosgrove

Governor‑General

By His Excellency’s Command

(signed Malcolm Turnbull)

Malcolm Turnbull

Prime Minister

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Benefits or expenses in connection with travel

6 Establishment etc. of the Independent Parliamentary Expenses Authority

1  Name

  This instrument is the Public Service (Establishment of Independent Parliamentary Expenses Authority) Order 2017.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 65 of the Public Service Act 1999.

4  Definitions

  In this instrument:

claim includes request.

designated parliamentary benefit means:

 (a) a benefit (within the meaning of the Parliamentary Entitlements Act 1990) that is not a benefit under the parliamentary injury compensation scheme; or

 (b) a benefit (however described) that:

 (i) is determined by the Remuneration Tribunal under subsection 7(1) or (2) of the Remuneration Tribunal Act 1973; and

 (ii) is not salary; or

 (c) a benefit (however described) that:

 (i) is determined by the Remuneration Tribunal under subsection 7(4) of the Remuneration Tribunal Act 1973 so far as that subsection relates to subsection 7(1) or (2) of that Act; and

 (ii) is not salary; or

 (d) a benefit (however described) that:

 (i) is in connection with travel by a Minister; and

 (ii) is authorised by the executive power of the Commonwealth; or

 (e) a benefit (however described) that:

 (i) is in connection with travel by a former member of parliament; and

 (ii) is authorised by or under a law of the Commonwealth; and

 (iii) is not provided in accordance with the Act known as the Members of Parliament (Life Gold Pass) Act 2002 or the Parliamentary Retirement Travel Act 2002.

incidentals includes the cost of transport.

member of parliament means:

 (a) a senator; or

 (b) a member of the House of Representatives.

MOPS staff member means a person employed under Part III or IV of the Members of Parliament (Staff) Act 1984.

MOPS travel allowance means an allowance payable to a MOPS staff member in connection with travel for official business.

MOPS travel expenditure matter means a matter of the following kind whether it occurs before, on or after 3 April 2017:

 (a) a matter relating to a MOPS travel expense;

 (b) a matter relating to a claim for a MOPS travel expense;

 (c) a matter relating to a MOPS travel allowance;

 (d) a matter relating to a claim for a MOPS travel allowance.

MOPS travel expense means an expense incurred in connection with travel by a MOPS staff member for official business.

MP work expense matter means a matter of the following kind whether it occurs before, on or after 3 April 2017:

 (a) a matter relating to a designated parliamentary benefit;

 (b) a matter relating to a claim for a designated parliamentary benefit.

MP work expenses law means:

 (a) the Parliamentary Entitlements Act 1990, or a legislative instrument under that Act; or

 (b) a determination of the Remuneration Tribunal under subsection 7(1) or (2) of the Remuneration Tribunal Act 1973, to the extent to which the determination relates to a benefit (however described) that is not salary; or

 (c) a determination of the Remuneration Tribunal under subsection 7(4) of the Remuneration Tribunal Act 1973 so far as that subsection relates to subsection 7(1) or (2) of that Act, to the extent to which the determination relates to a benefit (however described) that is not salary; or

 (d) the Remuneration Tribunal Act 1973, to the extent to which that Act relates to a determination covered by paragraph (b) or (c) of this definition.

5  Benefits or expenses in connection with travel

 (1) For the purposes of this instrument, the following are examples of benefits or expenses in connection with travel:

 (a) the cost of fares;

 (b) the cost of the provision of charter services;

 (c) the cost of accommodation;

 (d) the cost of meals;

 (e) the cost of incidentals.

 (2) For the purposes of this instrument, the following are examples of benefits or expenses in connection with travel overseas:

 (a) the cost of vaccinations and medical supplies essential for travel overseas;

 (b) the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.

6  Establishment etc. of the Independent Parliamentary Expenses Authority

 (1) The Independent Parliamentary Expenses Authority is established as an Executive Agency.

 (2) The name Independent Parliamentary Expenses Authority is allocated to the Executive Agency.

 (3) The name Chief Executive Officer of the Independent Parliamentary Expenses Authority is allocated to the Head of the Executive Agency.

 (4) The Minister (the responsible Minister) responsible for administering the Parliamentary Entitlements Act 1990 is responsible for the Executive Agency.

 (5) The functions of the Executive Agency are as follows:

 (a) to give advice about such MP work expense matters as the responsible Minister specifies;

 (b) to undertake the general administration of the following as required by the responsible Minister:

 (i) an MP work expense matter;

 (ii) an MP work expenses law;

 (c) to monitor such MP work expense matters as the responsible Minister specifies;

 (d) to prepare such reports about MP work expense matters as the Executive Agency considers appropriate or as the responsible Minister requires;

 (e) to conduct, or arrange for the conduct of, such audits relating to MP work expense matters as the Executive Agency considers appropriate;

 (f) to give advice about MOPS travel expenditure matters;

 (g) to monitor MOPS travel expenditure matters;

 (h) to prepare such reports about MOPS travel expenditure matters as the Executive Agency considers appropriate or as the responsible Minister requires;

 (i) to conduct, or arrange for the conduct of, such audits relating to MOPS travel expenditure matters as the Executive Agency considers appropriate;

 (j) to undertake the general administration of MOPS travel expenditure matters;

 (k) such functions (if any) as are conferred on the Executive Agency by an MP work expenses law;

 (l) such functions (if any) as are conferred on the Executive Agency by any other law of the Commonwealth;

 (m) to do anything else in relation to the following that the responsible Minister requests the Executive Agency to do:

 (i) an MP work expense matter;

 (ii) an MP work expenses law;

 (iii) a MOPS travel expenditure matter;

 (iv) Part III or IV of the Members of Parliament (Staff) Act 1984;

 (n) to do anything incidental or conducive to the performance of any of the above functions.