Overview

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 3) 2019 was enacted under the Parliamentary Business Resources Act 2017, aiming to address an administrative error in the travel allowance rates for members of Parliament. This amendment was made to correct an inadvertent inclusion of Queanbeyan travel allowance rates in the new Schedule B of the principal determination, which was established by the Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2019. The Remuneration Tribunal, exercising its powers granted under sections 45 and 46 of the PBR Act, determined that Queanbeyan is within the 30-kilometre radius of Parliament House as defined by the Parliamentary Business Resources Regulations 2017, thus the Canberra travel allowance should apply. The determination ensures that the incorrect rates are removed from Schedule B, thereby rectifying the administrative error and aligning with the intended travel allowance framework.

Scope and Application

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 3) 2019 is an instrument made under the Parliamentary Business Resources Act 2017, which empowers the Remuneration Tribunal to adjust various matters related to the remuneration and allowances of members and former members of the Australian Parliament. This particular determination corrects an administrative error by removing an incorrectly included entry for Queanbeyan from the travel allowance rates schedule, thereby ensuring that the Canberra travel allowance applies to stays in Queanbeyan. The determination is effective from 25 August 2019 and applies to members and former members of the Parliament, affecting their travel allowances and related entitlements. It does not apply to any other entities or individuals outside the scope of the Parliamentary Business Resources Act 2017. The Tribunal's authority to make such determinations is derived from sections 45 and 46 of the Act, which mandates that it must determine remuneration and allowances at least annually and publish its reasons for doing so. Any retrospective application of this determination is made in accordance with subsection 12(2) of the Legislation Act 2003, ensuring that it does not disadvantage any individual or impose additional liabilities.

Key Provisions

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 3) 2019 amends the Remuneration Tribunal (Members of Parliament) Determination 2019. Specifically, section 1 of Schedule 1 of the Amendment Determination removes the entry for Queanbeyan from Schedule B of the principal determination, which sets out travel allowance rates (section 15). This is a correction to an administrative error previously made by the Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2019 (section 6). The Amendment Determination was made under sections 45 and 46 of the Parliamentary Business Resources Act 2017, which empower the Tribunal to make determinations regarding various matters for members and former members of Parliament at least once each year. 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 (section 10). It must also publish its reasons for making a determination and make recommendations for regulations to be made or amended in accordance with its decisions. The Amendment Determination imposes specific obligations on the Remuneration Tribunal. It requires the Tribunal to correct the administrative error that was inadvertently including travel allowance rates for Queanbeyan in the new Schedule B of the principal determination (section 15). The Tribunal must ensure that the amendment aligns with the Parliamentary Business Resources Regulations 2017, which define Canberra to mean locations within a 30 kilometre radius of Parliament House (section 7). The Tribunal's reasons for the determination are to be published and made available to the public, which can be accessed at www.remtribunal.gov.au (section 10). There are no specific offences, penalties, or civil/criminal consequences outlined in the Amendment Determination itself. However, any retrospective application of this determination is in accordance with subsection 12(2) of the Legislation Act 2003, which stipulates that 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 (section 9). The power to amend, vary, repeal, rescind, or revoke any instrument is covered under subsection 33(3) of the Acts Interpretation Act 1901, which allows for the same manner and conditions under which the original instrument was made (section 10). The Amendment Determination itself focuses on correcting an administrative error and does not introduce new obligations or penalties.