Remuneration Tribunal Determination 2012/02 - Members of Parliament - Base Salary and Related Matters

Overview

The Remuneration Tribunal Determination 2012/02, known as Members of Parliament – Base Salary and Related Matters, was enacted in 2012 to provide clear guidelines regarding the remuneration of members of the Australian Parliament. This Determination was made under the authority of the Remuneration Tribunal Act 1973, which was enacted by the Commonwealth Parliament, with the aim of ensuring that the salaries of members of parliament are set in a manner that is fair, transparent, and consistent with the broader objectives of the Australian government. The primary objective of this legislation is to establish a definitive base salary for members of the House of Representatives and the Senate, addressing any ambiguities or discrepancies in their remuneration. The Determination was made effective from 15 March 2012, and it outlines the specific salary amounts and related matters to ensure clarity and uniformity in the payment of parliamentary salaries.

Scope and Application

The Remuneration Tribunal Determination 2012/02, as consolidated and amended, applies specifically to Members of the House of Representatives and Senators in Australia, collectively referred to as members of parliament. This Determination is made under the authority of the Remuneration Tribunal Act 1973, and its primary function is to set the base salary for these members, which is $190,550 per annum as of the effective date of 15 March 2012. The Determination also delineates the portion of this salary that is not considered parliamentary allowance under the Parliamentary Contributory Superannuation Act 1948, which amounts to $39,770. This legislation has a national reach as it pertains to federal parliament members, thereby affecting both state and territory jurisdictions within Australia. The Determination is subject to amendments, as evidenced by the subsequent Determination 2012/15, which also addresses base salary, entitlements, and related matters, with specific clauses within this Determination being amended to reflect updated provisions. This Determination does not explicitly state any exclusions or thresholds, but it does extend its application through subordinate instruments to include adjustments and clarifications as necessitated by subsequent amendments.

Key Provisions

The Remuneration Tribunal Determination 2012/02, issued under the Remuneration Tribunal Act 1973, establishes the base salary for members of parliament and related matters. According to section 2.1, a member of parliament is entitled to a base salary of $190,550 per annum, while the portion of this salary that is not parliamentary allowance, as defined in the Parliamentary Contributory Superannuation Act 1948, is $39,770 (section 2.2). This determination took effect on 15 March 2012 and has since been amended by subsequent determinations up to and including 2012/15. The obligations under this Determination primarily involve the payment of the specified base salary to members of parliament. The Australian government, through the relevant departments and agencies, is tasked with ensuring that this remuneration is disbursed in accordance with the terms of the Determination. This includes ensuring that the correct portion of the salary is designated as parliamentary allowance, as per the Parliamentary Contributory Superannuation Act 1948. Failure to comply with the provisions of this Determination could potentially lead to legal consequences, though specific offences, penalties, or civil/criminal consequences are not detailed within the text of the Determination itself. However, breaches of related legislative instruments or acts, such as the Remuneration Tribunal Act 1973 or the Parliamentary Contributory Superannuation Act 1948, may incur penalties as prescribed by those respective acts. For instance, the Remuneration Tribunal Act 1973 may impose fines or other penalties for non-compliance with its provisions, although the exact penalties are not specified within this Determination.