Explanatory Statement: Remuneration Tribunal (2018/09 Members of Parliament) Amendment Determination 2018

1. The determination is made under the Parliamentary Business Resources Act 2017 (the PBR Act), which gives the Remuneration Tribunal (the Tribunal) power to make determinations in relation to various matters for members of the Parliament at least once each year in sections 45 and 46.
2. The Tribunal must determine the remuneration to be paid to members, the rates of travel allowances for domestic travel, and the allowances and expenses to be paid to former members. The Tribunal must publish its reasons for making a determination.
3. The Tribunal also has functions under section 35 of the PBR Act relating to travel expenses, travel and motor vehicle allowances and other public resources. The Tribunal must inquire annually into travel expenses and travel allowances for domestic travel (except rates of travel allowances for domestic travel which it determines), and may be asked by the Special Minister of State to inquire into other matters. Regulations must be made or amended in

accordance with the Tribunal’s recommendations.

4.       Before the commencement of the PBR Act on 1 January 2018, the Tribunal was given power to make determinations in relation to these matters by the Remuneration Tribunal Act 1973.

Consultation

5.       The Tribunal received a formal request from the then Special Minister of State in May 2018 to consider whether the responsibilities of, and the commitment required by, the Manager of Opposition Business in the Senate warranted the setting of additional salary for the office.

6.       The Tribunal consulted the President of the Senate and the Shadow Special Minister of State to assist its understanding of the role of the office.

7.       The Tribunal’s Reasons for Determination are available at www.remtribunal.gov.au.

8.       Remuneration Tribunal (2018/09 Members of Parliament) Amendment Determination 2018 implements the Tribunal’s decision.

Retrospectivity

9.       Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislation Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person’s disadvantage, nor does it impose any liability on such a person.

The power to repeal, rescind and revoke, amend and vary

10.  Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Details of the determination are as follows:

11.  Section 1 specifies the name of the instrument.

12.  Section 2 specifies when the instrument commences.

13.  Section 3 specifies the authority for the instrument.

14.  Section 4 outlines the effect of instruments specified in a Schedule to the instrument.

15.  Schedule 1 sets out the amendments made to the instruments specified in Schedule 1.

SCHEDULE 1 – AMENDMENTS

Determination 2017/23: Members of Parliament

16.  Item 1 sets office holder’s salary for the Manager of Opposition Business in the Senate at the rate of 25 per cent of parliamentary base salary.

Authority: Sections 45 and 46

Parliamentary Business Resources Act 2017