Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 1) 2022

Administered by Department of Finance

Legislation au F2022L00695 Not in force Legislative Instrument

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Explanatory Statement: Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 1) 2022

  1. The determination is made under the Parliamentary Business Resources Act 2017 (the PBR Act). Sections 45 and 46 of the PBR Act require the Tribunal to make determinations in relation to various matters for members, and former members, of the Parliament at least once each year.
  2. The Tribunal must determine the remuneration to be paid to members, the rates of travel allowances for domestic travel, and the allowances and expenses to be paid to former members. The Tribunal must publish its reasons for making a determination.
  3. The Tribunal also has functions under section 35 of the PBR Act relating to travel expenses, travel and motor vehicle allowances and other public resources. The Tribunal must inquire annually into travel expenses and travel allowances for domestic travel (except rates of travel allowances for domestic travel which it determines), and may be asked by the Special Minister of State to inquire into other matters. Regulations must be made or amended in accordance with the Tribunal’s recommendations.

Consultation

Post-retirement travel

4.       On 18 February 2022, the Hon Kevin Andrews MP, Member for Menzies, wrote to the Tribunal seeking consideration of an amendment to the post-retirement travel provisions in its Members of Parliament Determination, to allow the use of a private vehicle instead of scheduled commercial transport for the three return trips referenced in the post-retirement travel expenses section of the determination.  

5.       The Tribunal wrote to the Special Minister of State, the Hon Ben Morton MP on 28 February 2022, seeking his views on this proposal.  Minister Morton responded on 24 March 2022, supporting the proposed amendments.

6.       On 22 March 2022, Minister Morton referred to the Tribunal a request from Senator the Hon Don Farrell, Shadow Special Minister of State, regarding post-retirement travel expenses for the Hon Warren Snowdon MP, Member for Lingiari.  Senator Farrell noted the current determination provides for expenses for up to three return trips on scheduled commercial transport.  As the size of Mr Snowdon’s electorate entitles him to three Commonwealth-funded electorate offices in addition to his Parliament House office, Senator Farrell sought Minister Morton’s support for additional post-retirement travel for Mr Snowdon.

7.       Minister Morton was supportive of the Tribunal amending its determination to enable former parliamentarians with three Commonwealth-funded electorate offices to access up to four post-retirement trips.  


Retrospectivity

8.       Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislation 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.

9.       With respect to the provision allowing the use of a private vehicle instead of scheduled commercial transport, the retrospective application does not disadvantage any person as it provides additional flexibility regarding existing provisions.

10.  With respect to the provision allowing up to four return trips for former members with three Commonwealth-funded electorate offices, the retrospective application does not disadvantage any person as it provides an enhanced benefit. 

Exemption from disallowance

11.  Subsection 47(7) of the PBR Act provides that this determination is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to it.

12.  Exemption from disallowance is appropriate in the context of this instrument, as it amends the entitlements of Senators and Members of the House of Representatives.

The power to repeal, rescind and revoke, amend and vary

13.  Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Details of the determination are as follows:

14.  Section 1 specifies the name of the instrument.

15.  Section 2 specifies when the instrument commences.

16.  Section 3 specifies the authority for the instrument.

17.  Section 4 outlines the effect of the instrument specified in a Schedule to the instrument.

SCHEDULE 1 – AMENDMENTS

18.  Item 1 removes the reference to clause 4.2 in clause 4.1 and replaces it with a reference to clauses 4.2 and 4.2A.

19.  Item 2 repeals clause 4.2 in its entirety and replaces it with new provisions that mirror the previous provisions (that is, enabling a former member to receive expenses for up to three return trips on scheduled commercial transport), and adds the option to use a private vehicle and receive private vehicle allowance instead of expenses for return trips on scheduled commercial transport.

20.  Item 3 inserts a new provision enabling a former member who had three or more Commonwealth-funded electorate offices immediately prior to becoming a former member to receive expenses for up to four return trips on scheduled commercial transport.  The new provision includes the option to receive private vehicle allowance instead of expenses for return trips on scheduled commercial transport.

21.  Item 4 removes the reference to clause 4.2 in clause 4.6 and replaces it with a reference to clauses 4.2 and 4.2A.

Authority: Section 45

Parliamentary Business Resources Act 2017

Overview

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 1) 2022 was made under the Parliamentary Business Resources Act 2017 (PBR Act) and aims to address specific concerns raised about the post-retirement travel provisions for members of the Parliament. Enacted by the Remuneration Tribunal, the determination responds to requests from members and ministers to amend the post-retirement travel expenses to allow greater flexibility and additional travel for former members with larger electorates. The Tribunal considered the proposal to allow the use of a private vehicle instead of scheduled commercial transport for return trips, and to increase the number of return trips for former members with three Commonwealth-funded electorate offices. The policy objective is to provide additional flexibility and enhanced benefits to former members without disadvantaging any person, in accordance with the Legislation Act 2003. The determination outlines amendments that allow former members to use a private vehicle or receive a private vehicle allowance instead of expenses for return trips on scheduled commercial transport, and increases the number of return trips for former members with three Commonwealth-funded electorate offices to four. The retrospective application of these amendments does not disadvantage any person, and the determination is exempt from disallowance as it amends the entitlements of Senators and Members of the House of Representatives. The determination is a legislative instrument, and the power to amend and vary it is conferred by the Acts Interpretation Act 1901.

Scope and Application

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 1) 2022, made under the Parliamentary Business Resources Act 2017, applies to members and former members of the Australian Parliament, governing their remuneration, travel allowances, and expenses. The determination is concerned with adjusting the allowances and expenses related to post-retirement travel, allowing former members to use private vehicles instead of scheduled commercial transport for certain return trips, and increasing the number of return trips for former members with three or more Commonwealth-funded electorate offices. This amendment extends to the entire Commonwealth of Australia and does not exclude any specific persons or entities. The determination also includes provisions for retrospective application, ensuring that the changes do not disadvantage any individual and, in fact, provide additional flexibility and benefits. Exemption from disallowance is noted as appropriate for this instrument, as it pertains to the entitlements of Senators and Members of the House of Representatives. This amendment is subject to further regulation or modification through subordinate instruments as outlined in the Acts Interpretation Act 1901.

Key Provisions

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 1) 2022 amends the existing provisions governing travel expenses for former members of the Parliament of Australia. Specifically, section 4.2 of the Schedule 1 allows former members to claim expenses for up to three return trips on scheduled commercial transport after retirement, and now also permits the use of a private vehicle with a corresponding allowance. This change was proposed by Hon Kevin Andrews MP and supported by Hon Ben Morton MP, the Special Minister of State, as indicated in the explanatory statement. Additionally, section 4.2A, which is newly inserted, allows former members who had three or more Commonwealth-funded electorate offices immediately prior to retirement to claim expenses for up to four return trips. This provision also includes the option to use a private vehicle and receive a private vehicle allowance instead of claiming expenses for return trips on scheduled commercial transport. The obligations imposed by this Amendment Determination require the Remuneration Tribunal to ensure that the new provisions are adhered to when determining travel expenses for former members. The Tribunal must take into account the updated allowances and options for travel, ensuring that former members who qualify under the new sections are provided with the correct benefits. Furthermore, the Tribunal must continue to publish its reasons for any determinations made, as mandated by the Parliamentary Business Resources Act 2017. In terms of penalties or consequences for non-compliance, the determination itself does not explicitly outline specific offences or penalties. However, any breach of the PBR Act or failure to adhere to the Tribunal’s determinations could lead to legal challenges or administrative actions. The underlying PBR Act might impose penalties for non-compliance with its provisions, but the specific penalties are not detailed within this Amendment Determination. The maximum penalties for breaches of the PBR Act are not specified here, but generally, penalties for breaches of parliamentary legislation can include fines and other civil or administrative sanctions, depending on the nature and severity of the breach.

Legal classification tags

Area of Law
Remuneration & Allowances
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Retrospective Application
Exemptions & Exclusions
Reporting & Disclosure Obligations
Catchwords
Post-retirement travel expenses

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.