Overview

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 3) 2022 was enacted under section 45 of the Parliamentary Business Resources Act 2017, allowing the Remuneration Tribunal to adjust the remuneration and allowances for members of Parliament. This determination was introduced in response to a request by the Special Minister of State, Senator Don Farrell, to consider providing an additional private plated vehicle for use by the Member for Lingiari, Ms Marion Scrymgour MP. The amendment, as outlined in Schedule 1, replaces previous clauses to allow senators from the Northern Territory or members representing large electoral divisions to request up to two additional private plated four-wheel-drive vehicles, with the costs to be covered by existing provisions. The determination is exempt from disallowance and any retrospective application does not disadvantage any person other than the Commonwealth or an authority of the Commonwealth. The primary policy objective is to ensure appropriate resources are available to members of Parliament to effectively service their electorates, particularly in large or remote areas.

Scope and Application

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 3) 2022, made under section 45 of the Parliamentary Business Resources Act 2017, applies to Senators and Members of the House of Representatives, particularly those representing large electorates such as those exceeding 300,000km2 in area. The determination revises the entitlements of these parliamentarians, allowing Senators from the Northern Territory or Members representing vast electorates to request up to two additional private plated four-wheel-drive vehicles for use in servicing their constituencies. This amendment is specifically designed to address the logistical challenges of large electorates and ensures that the costs associated with these additional vehicles are covered by existing provisions. The Determination is exempt from disallowance under the Legislation Act 2003, reflecting the legislative intent to streamline the entitlements without retrospective disadvantage to affected members. The scope of this legislation is national, impacting all federal parliamentarians, and is subject to the Tribunal’s annual review and recommendations for other travel and public resource matters.

Key Provisions

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 3) 2022 amends the existing Remuneration Tribunal (Members of Parliament) Determination 2022. The Tribunal, operating under the authority granted by section 45 of the Parliamentary Business Resources Act 2017, has made this amendment to alter the provisions concerning the allocation of additional private plated vehicles to senators and members of the House of Representatives. Specifically, the amendment now allows senators from the Northern Territory or members of the House of Representatives for electoral divisions covering 300,000 square kilometres or more to request up to two additional private plated four-wheel-drive vehicles, subject to the costs being funded from existing provisions. Under this amendment, the Tribunal has a responsibility to ensure that the new provisions are clearly communicated and effectively implemented. This includes providing reasons for the determination, which must be published and accessible to the public. Furthermore, the Tribunal must continue to inquire annually into travel expenses and allowances for domestic travel, except for the rates of travel allowances which it determines. The Tribunal may also be asked by the Special Minister of State to inquire into other matters related to travel and public resources. The determination does not apply retrospectively in a manner that adversely affects the rights of any person other than the Commonwealth or an authority of the Commonwealth, as stipulated by subsection 12(2) of the Legislation Act 2003. Additionally, this determination is exempt from disallowance under subsection 47(7) of the PBR Act, in accordance with section 42 of the Legislation Act 2003. This exemption is deemed appropriate given that the determination concerns amendments to the entitlements of Senators and Members of the House of Representatives. For entities or individuals who fail to comply with the provisions of this determination, there are no explicitly stated penalties or consequences within the explanatory statement. However, the power to repeal, rescind, revoke, amend, or vary any legislative instrument is conferred under subsection 33(3) of the Acts Interpretation Act 1901. This suggests that any breaches or non-compliance could potentially lead to formal actions or further amendments to the determination to rectify the issue.