Explanatory Statement: Determination 2012/19
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. The Tribunal has taken particular note of the Australian Taxation Office’s Determination TD 2012/17, Income tax, what are the reasonable travel and overtime meal allowance expense amounts for the 2012-13 income year?
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. This Determination is compatible with the human rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This Determination does not engage any of the applicable rights or freedoms.
PART 1 – GENERAL
5. Part 1 specifies the authority for and the date of effect of the Determination and revokes and supersedes the previous Principal Determination 2011/16 (as amended) applying to the Offices covered by this Determination. It also contains definitions of certain words and references used in the Determination.
PART 2 – RATES
6. Part 2 sets out the domestic travelling allowance rates for Specified Office Holders, senators and members and the Prime Minister. These rates have been updated with effect from 26 August 2012. The Canberra rate in Table 2A has increased from $253 to $260 per overnight stay.
7. The Prime Minister’s rate in Clause 2.2 for accommodation and sustenance for each overnight stay in a place other than an official establishment or the Prime Minister’s home base has been increased to a limit of $545 (from $531).
PART 3 – CONDITIONS OF PAYMENT
8. Part 3 sets out the conditions for payment of travelling allowance. Clauses 3.1 to 3.6 set out general conditions of payment.
9. Clauses 3.7 to 3.11 set out the specific travelling allowance provisions applying to the Prime Minister, Ministers and Office Holders. Clause 3.7 reflects the change to the Prime Minister’s rate set in Clause 2.2 of this Determination. Clause 3.8.2 entitles Ministers (other than the Prime Minister) and specified Parliamentary office holders in exceptional circumstances to an allowance for meals and incidental costs only. This allowance has been increased up to a limit of $164 (from $159) per day.
10. Clauses 3.12 to 3.16 set out the travelling allowance provisions for senators and members. Clause 3.16 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 $79 to $81 for each day of attendance in Canberra for parliamentary business.
11. Clauses 3.17 to 3.20 set out the travelling allowance provisions for senators and members representing the External Territories.
12. Clauses 3.21 to 3.29 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.
Authority: Sub-sections 7(1), 7(2) and 7(4)
of the Remuneration Tribunal Act 1973