Explanatory Statement: Determination 2013/21
Members of Parliament – Travelling Allowance
- The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for members of parliament, 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.
PART 1 – MEMBERS OF PARLIAMENT – TRAVELLING ALLOWANCE
4. Clause 1.1 specifies the Principal Determination (Number 17 of 2013) for the purposes of Part 1 of the Determination.
5. Clause 1.2 corrects the numbering of a subclause. No other changes are made to the provision.
6. Clause 1.3 removes any possible ambiguities regarding the entitlement of a Minister or other office holder to claim travelling allowance in respect of travel undertaken in his or her capacity as a senator or member of the House of Representatives.
7. Clause 1.4 sets the date of commencement of clauses 1.2 and 1.3.
Authority: Sub-sections 7(1), 7(2) and 7(4)
of the Remuneration Tribunal Act 1973
Overview
The Determination 2013/21, issued under the Remuneration Tribunal Act 1973, was enacted to clarify and rectify ambiguities regarding the entitlement of Ministers and other office holders to claim travelling allowances for travel undertaken in their capacity as senators or members of the House of Representatives. The Remuneration Tribunal, empowered by the Act, conducted consultations and inquiries before making this determination to ensure it aligns with established practices. The determination aims to provide clarity and correct any inconsistencies in the existing provisions concerning the travelling allowance for members of parliament, ensuring that the entitlements are accurately defined and applied without retrospectively affecting the rights of individuals or imposing any new liabilities on them, in accordance with the Legislative Instruments Act 2003. This determination, effective from the specified date, serves to maintain transparency and fairness in the remuneration and entitlements of members of parliament.
Scope and Application
The Determination 2013/21 issued by the Remuneration Tribunal under the Remuneration Tribunal Act 1973 pertains specifically to the remuneration and related matters of members of Parliament in Australia. The Act applies directly to members of Parliament, including senators and members of the House of Representatives, and governs their entitlement to a travelling allowance for travel undertaken in their official capacity. The geographic and jurisdictional reach of this legislation is Commonwealth-wide, as it concerns federal parliamentarians. The Determination ensures clarity regarding the conditions under which such allowances can be claimed, correcting and clarifying previous provisions. It is important to note that any retrospective application of this Determination does not adversely affect the rights of individuals other than the Commonwealth or its authorities, nor does it impose any new liabilities on them, in line with subsection 12(2) of the Legislative Instruments Act 2003. The authority for these changes and the establishment of the allowance is derived from specific subsections of the Remuneration Tribunal Act 1973.
Key Provisions
The main operative sections of this legislation, specifically Part 1 of the Determination, focus on the travelling allowance for members of Parliament. Clause 1.1 establishes the Principal Determination (Number 17 of 2013), which is the foundational document for this legislative piece. Clause 1.2 corrects a typographical error in the subclause numbering but does not alter the substance of the provision. Clause 1.3 clarifies that a Minister or other office holder is entitled to claim a travelling allowance for travel undertaken in their capacity as a senator or member of the House of Representatives. Clause 1.4 specifies the commencement date for clauses 1.2 and 1.3, indicating when these provisions come into effect. These sections collectively aim to provide clear guidelines on the entitlement to travelling allowances for members of Parliament.
The Act imposes certain obligations and requirements on the parties it governs. Primarily, it mandates that members of Parliament, including Ministers and other office holders, must adhere to the specified provisions regarding their entitlement to a travelling allowance. The obligation to claim such allowances in accordance with the law ensures transparency and accountability in the use of public funds. The Remuneration Tribunal has the authority to determine these allowances based on established practice and consultation, ensuring that the provisions are fair and reflective of the roles and responsibilities of members of Parliament.
Breaching the provisions of this legislation can result in legal consequences. The Remuneration Tribunal Act 1973 provides the framework within which these provisions operate, and any non-compliance could potentially lead to legal action. While specific penalties are not detailed in the Determination, breaches of legislative provisions generally carry the risk of fines, legal proceedings, or other civil or criminal consequences, depending on the severity and nature of the breach. The legislation also ensures that any retrospective application does not adversely affect the rights of individuals or impose any new liabilities on them, as per subsection 12(2) of the Legislative Instruments Act 2003.