Explanatory Statement: Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2023

1. The determination is made under sections 45 and 46 of the Parliamentary Business Resources Act 2017 (the PBR Act), which gives the Tribunal power 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

Senate Standing Committee for the Scrutiny of Delegated Legislation

4.       On 22 August 2023, the Department of the Senate advised the Tribunal’s Secretariat that the Senate Standing Committee on Regulations and Ordinances had been renamed the Senate Standing Committee for the Scrutiny of Delegated Legislation, and requested the Tribunal update the name of the committee in its determination. The Tribunal’s Reasons for Determination are available at www.remtribunal.gov.au.

Retrospectivity

5.       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.

Exemption from disallowance

6.       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.

7.       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

8.       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:

Section 1 – Name

9.       Section 1 specifies the name of the instrument.

Section 2 – Commencement

10.  Section 2 specifies the commencement date of the instrument.

Section 3 – Authority

11.  Section 3 specifies the authority for the instrument.

Section 4 – Schedules

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

SCHEDULE 1—AMENDMENTS

Remuneration Tribunal (Members of Parliament) Determination (No. 2) 2023

13.  Items 1 and 2 update the name of the Senate Standing Committee on Regulations and Ordinances to the Senate Standing Committee for the Scrutiny of Delegated Legislation in Schedule A.

Authority: Section 45

Parliamentary Business Resources Act 2017