Explanatory Statement: Determination 2009/11
Members of Parliament – Travelling Allowance
- The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for office holders, as it is empowered to do by the Remuneration Tribunal Act 1973.
2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
3. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments 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.
4. The Determination updates and replaces in full Determination Number 15 of 2008 as amended (the previous determination) and takes effect on and from 30 August 2009.
PART 1 – RATES
5. Clauses 1.1, 1.2, and 1.3 specify the domestic travelling allowance rates for Specified Office Holders and senators and members. The travelling allowance rates in Table 1A have been updated with effect from 30 August 2009.
6. Clause 1.4 contains the definitions for certain words for the purposes of the Determination.
PART 2 – CONDITIONS OF PAYMENT
7. Clause 2.1 sets out the definitions and general principles that apply to this Part.
8. Clauses 2.2 to 2.4 set out the conditions for the payment of travelling allowance.
9. Clauses 2.5 to 2.9 set out the travelling allowance provisions for the Prime Minister, Ministers and Office Holders. The Prime Ministers rate for accommodation and sustenance for each overnight stay in a place other than an official establishment or the Prime Minister’s home base been updated to a limit of $520.
10. Clauses 2.10 to 2.14 set out the travelling allowance provisions for senators and members. Clause 2.14 varies the rate of daily expense allowance payable to a senator or member from the Australian Capital Territory or a member representing an electorate adjacent to the Australian Capital Territory, whose principal place of residence is within a 30 kilometre radius of Parliament House, from $70 to $74 for each day of attendance in Canberra for parliamentary business.
11. Clauses 2.15 to 2.18 set out the travelling allowance provisions for senators and members representing the External Territories.
12. Clauses 2.19 to 2.27 set out the travelling allowance provisions for Party Leaders, the Second Deputy Speaker in the House of Representatives, Chief/Primary Whips, Whips, Chairs of Parliamentary Committees, and Shadow Ministers.
13. Clause 2.28 specifies that the Special Minister of State may make procedural rules to give effect to the determination.
Authority: Sub-sections 7(1), 7(2) and 7(4)
of the Remuneration Tribunal Act 1973
Overview
Determination 2009/11, enacted in 2009, addresses the need to update and replace previous provisions regarding the travelling allowance for specified office holders, including senators and members, as determined by the Remuneration Tribunal. This Determination arises under the authority of the Remuneration Tribunal Act 1973, with the primary objective of ensuring that the allowance rates are current and reflective of the circumstances faced by these office holders. The Remuneration Tribunal, following its established practice of consultation, has updated the rates and conditions for payment of travelling allowances, taking effect from 30 August 2009. This includes revised rates for accommodation and sustenance, as well as adjustments to the daily expense allowances for certain senators and members. The Determination ensures that any changes do not adversely affect the rights of individuals, aligning with the principles outlined in the Legislative Instruments Act 2003.
Scope and Application
This determination, made under the Remuneration Tribunal Act 1973, updates and replaces the previous determination regarding the travelling allowance for specified office holders, including senators and members of Parliament. The scope of this determination applies specifically to the remuneration and related matters of office holders as defined within the act. It sets out the rates for domestic travelling allowances and conditions for payment, which include allowances for accommodation and sustenance for the Prime Minister, Ministers, and other office holders. The updated rates are effective from 30 August 2009 and are to be applied without retrospective effect that would disadvantage any person, other than the Commonwealth or an authority of the Commonwealth. The determination also allows for procedural rules to be made by the Special Minister of State to give effect to these provisions. This legislation extends to the Commonwealth and is applicable across Australia, affecting the conduct and entitlements of specified office holders within the parliamentary system.
Key Provisions
The Determination 2009/11, as specified in Clauses 1.1 to 1.4, details the updated rates for travelling allowances for specified office holders, senators, and members of the Parliament of Australia, effective from 30 August 2009. Clause 1.1, 1.2, and 1.3 set out the revised rates, while Clause 1.4 provides definitions for certain terms used in the determination. The determination also includes provisions for the Prime Minister, Ministers, and other office holders, as outlined in Clauses 2.5 to 2.9, which update the allowance for accommodation and sustenance to a maximum of $520 per night for stays outside an official establishment or the Prime Minister's home base.
Entities and individuals governed by the Determination must adhere to the specified conditions for the payment of travelling allowances as outlined in Clauses 2.2 to 2.28. This includes adhering to the updated rates and conditions for various parliamentary roles such as senators, members, Party Leaders, Whips, and others. These provisions ensure that payments are made in accordance with the stipulated allowances and conditions. For instance, Clause 2.14 specifies an increase in the daily expense allowance for senators or members from the Australian Capital Territory or members representing an electorate adjacent to the Australian Capital Territory, provided their principal residence is within a 30-kilometre radius of Parliament House.
Failure to comply with the provisions set out in the Determination could result in legal consequences. Although the Determination itself does not explicitly outline specific offences, penalties, or consequences for breach, breaches of the Remuneration Tribunal Act 1973 or related legislation may incur penalties. Under Australian law, breaches of legislative instruments can lead to civil or criminal penalties, depending on the severity and intent of the breach. The maximum penalties can vary, but they may include fines, imprisonment, or both, as stipulated in the relevant legislation governing the Remuneration Tribunal and parliamentary allowances.