Overview

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2023 was enacted to update certain references within the Remuneration Tribunal (Members of Parliament) Determination (No. 2) 2023, as required by the Parliamentary Business Resources Act 2017. This determination was made under the authority of the Tribunal to address the renaming of the Senate Standing Committee on Regulations and Ordinances to the Senate Standing Committee for the Scrutiny of Delegated Legislation. The purpose of this amendment is to ensure that the name of the committee is consistent with current legislative nomenclature. This amendment does not affect any rights adversely nor impose any new liabilities, as specified by the Legislation Act 2003. The determination was subject to consultation and is exempt from disallowance, given its nature of updating administrative references rather than substantive policy changes.

Scope and Application

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2023, made under the Parliamentary Business Resources Act 2017, applies to members and former members of the Australian Parliament, ensuring that the Remuneration Tribunal can effectively carry out its functions concerning remuneration, travel allowances, and expenses. The Tribunal’s role is to determine the remuneration for members, the rates of travel allowances for domestic travel, and the allowances and expenses for former members, with a requirement to publish reasons for these determinations. This amendment also updates references to the Senate Standing Committee on Regulations and Ordinances, now named the Senate Standing Committee for the Scrutiny of Delegated Legislation. The determination is not subject to disallowance, reflecting the importance of maintaining consistent entitlements for Senators and Members of the House of Representatives. The instrument is retrospective in nature, provided it does not disadvantage any person other than the Commonwealth or an authority of the Commonwealth, and does not impose any liability on such a person.

Key Provisions

The primary sections of the Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2023 (sections 1 to 4) serve to establish the name of the instrument, its commencement date, its authority, and the effect of the instruments specified in its schedules (section 4). Specifically, section 1 provides the name of the instrument, while section 2 details the commencement date. Section 3 specifies the authority under which the instrument is made, and section 4 outlines the effect of the instruments specified in the schedules. The main amendments are found in Schedule 1, which includes updates such as renaming the Senate Standing Committee on Regulations and Ordinances to the Senate Standing Committee for the Scrutiny of Delegated Legislation (items 1 and 2). The Remuneration Tribunal is mandated to determine various remunerations and allowances for members and former members of Parliament under the Parliamentary Business Resources Act 2017. Section 45 of the Act empowers the Tribunal to make these determinations at least once each year. The Tribunal must determine the remuneration for members, the rates of travel allowances for domestic travel, and the allowances and expenses to be paid to former members. Additionally, the Tribunal must publish its reasons for making any determination. Section 35 of the PBR Act imposes further functions on the Tribunal, including annual inquiries into travel expenses and travel allowances for domestic travel, except for the rates of travel allowances which the Tribunal determines. Regulations must be made or amended in accordance with the Tribunal's recommendations. Failure to comply with the provisions of this determination may result in various consequences. The determination does not affect the rights of any person to their disadvantage, except for the Commonwealth or an authority of the Commonwealth, as per subsection 12(2) of the Legislation Act 2003. Furthermore, this determination is exempt from disallowance under subsection 47(7) of the PBR Act, as it amends the entitlements of Senators and Members of the House of Representatives. There are no specific offences or penalties mentioned in the explanatory statement, but the Tribunal's recommendations would need to be followed for any regulations to be made or amended. The power to repeal, rescind, revoke, amend, or vary any instrument of a legislative or administrative character is included under subsection 33(3) of the Acts Interpretation Act 1901. This means that the Tribunal has the authority to modify its own determinations in the future, should the need arise. This flexibility allows for adjustments to be made to the remuneration and allowances as required, ensuring that the provisions remain relevant and effective.