Overview

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 1) 2019 was enacted to amend the Remuneration Tribunal (Members of Parliament) Determination 2018, specifically addressing the remuneration and allowances for members and former members of the Australian Parliament. This determination was introduced to address the need for regular review and adjustment of allowances to ensure they remain fair and relevant. The determination was made under the Parliamentary Business Resources Act 2017, with the Remuneration Tribunal empowered to make such adjustments annually. The policy objective of this amendment was to reflect the Tribunal's findings from a review of travel allowance rates, leading to the decision to abolish the Canberra Daily Allowance for parliamentarians. This amendment was implemented following consultations with the Special Minister of State and aligns with the Tribunal's statutory obligations to regularly review and adjust allowances as necessary.

Scope and Application

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No.1) 2019, made under the Parliamentary Business Resources Act 2017, governs the remuneration and allowances for current and former members of the Australian Parliament. This legislation applies to members and former members of the Parliament, ensuring that their travel allowances, including domestic travel allowances and other public resources, are reviewed and determined annually by the Remuneration Tribunal. The Tribunal is mandated to publish its reasons for these determinations and to recommend amendments to regulations accordingly. The determination specifically addresses the abolition of the Canberra Daily Allowance for parliamentarians, a decision reached after consultation with the Special Minister of State and subsequent recommendation to the Government. The geographic reach of this legislation is national, applying to all members and former members of the Parliament across Australia. Notably, this determination does not apply retrospectively in a manner that adversely affects the rights of individuals, as per subsection 12(2) of the Legislation Act 2003. The Remuneration Tribunal has the authority to repeal, rescind, revoke, amend, or vary any related instruments under the Acts Interpretation Act 1901, ensuring flexibility in addressing any future legislative needs.

Key Provisions

The main operative sections of the Remuneration Tribunal (Members of Parliament) Amendment Determination (No.1) 2019, under the Parliamentary Business Resources Act 2017 (PBR Act), primarily concern the adjustments to the allowances and remuneration for members and former members of the Parliament. Section 12 of the determination removes the provision for the Canberra Daily Allowance, which was previously set out in the Remuneration Tribunal (Members of Parliament) Determination 2018. This amendment is effective as of the date specified in section 13, which marks the commencement of the repeal of Part 7 of the aforementioned 2018 determination. These changes are explicitly authorized under sections 45 and 46 of the PBR Act, which empower the Tribunal to make such adjustments at least annually. The Remuneration Tribunal is tasked with several obligations under this determination. It must determine the remuneration for members of Parliament, including travel allowances for domestic travel, and allowances and expenses for former members. Additionally, the Tribunal must publish the reasons for making any determination. The Tribunal also has annual obligations to inquire into travel expenses and travel allowances for domestic travel, with the exception of the rates of these allowances which it determines. Moreover, the Tribunal can be asked by the Special Minister of State to inquire into other matters related to travel expenses, travel and motor vehicle allowances, and other public resources. Regulations must be made or amended in accordance with the Tribunal's recommendations, ensuring that the determinations are legally enforceable and aligned with the legislative framework. In terms of compliance and enforcement, the determination outlines potential consequences for breaches. Under subsection 12(2) of the Legislation Act 2003, any retrospective application of the determination does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to their disadvantage, nor does it impose any liability on such a person. This ensures that the retrospective changes do not unjustly disadvantage individuals. Furthermore, the power to repeal, rescind, revoke, amend, or vary any instrument is conferred under subsection 33(3) of the Acts Interpretation Act 1901, ensuring the flexibility and adaptability of the legislative framework. Failure to adhere to these determinations may result in legal scrutiny and potential regulatory action, though specific penalties are not detailed in the text.