Remuneration Tribunal (Members of Parliament) Determination No. 2 2019

Administered by Department of Finance

Legislation au F2019L01553 Not in force Legislative Instrument

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Explanatory Statement: Remuneration Tribunal (Members of Parliament) Determination No.2 2019

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.
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.
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

4. During the course of 2019, the Tribunal completed a number of inquiries into specific provisions of Remuneration Tribunal (Members of Parliament) Determination 2019 (Determination 2019), including parliamentary base salary and travel allowances.

5. The Tribunal issued amendments to Remuneration Tribunal (Members of Parliament) Determination 2019 to implement decisions arising from these considerations.

6. In December 2019, the Tribunal completed its inquiry into all provisions of Remuneration Tribunal (Members of Parliament) Determination 2019 that were not specifically addressed earlier in 2019. The Tribunal concluded that no changes to these provisions were necessary at this time. There was no consultation on these matters given there were no changes to the provisions contained in Remuneration Tribunal (Members of Parliament) Determination 2019.

7. Remuneration Tribunal (Members of Parliament) Determination No.2 2019 makes no changes to the provisions in Determination 2019. The Tribunal’s Reasons for Determination are available at www.remtribunal.gov.au. The determination succeeds and revokes in full Remuneration Tribunal (Members of Parliament) Determination 2019.

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.

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

9. 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:

10. The determination deals with the remuneration of members of Parliament, the rates of travel allowance payable to such members, and the allowances and expenses to be paid to former members. The remuneration, allowances and expenses are to be paid out of the public money of the Commonwealth.

PART 1 – LEGAL MATTERS AND EXPLANATION OF TERMS

11. Part 1 specifies the authority for and the commencement date of the determination and specifies that the determination supersedes Remuneration Tribunal (Members of Parliament) Determination 2019.

12. Part 1 also contains definitions of certain words and terms used in the determination, including the definition of a ‘Luxury car’, the value of which exceeds the luxury car tax threshold (for fuel efficient cars) mentioned in subsection 25-1 (3A) of the A New Tax System (Luxury Car Tax) Act 1999. This Act is available online for free at https://www.legislation.gov.au/Details/C2017C00069.

PART 2 – REMUNERATION OF MEMBERS: SALARIES AND ELECTORATE ALLOWANCE

13. Part 2 sets out the base salary for senators and members of the House of Representatives, the additional salaries to be paid to parliamentary office holders and Ministers, the portion of base salary and additional salary that is not to be taken into account in defining the parliamentary allowance and salary for the purposes of the Parliamentary Contributory Superannuation Act 1948, and the electorate allowances.

PART 3 – REMUNERATION OF MEMBERS: OTHER REMUNERATION

14. Part 3 sets out other remuneration for senators and members of the House of Representatives under paragraphs 14(4)(a), (b) and (c) of the PBR Act. The remuneration is in the form of one or more private plated vehicles, or an allowance in lieu, and reimbursement of the costs of internet and telephone services at private residences.

PART 4 – ALLOWANCES AND EXPENSES OF FORMER MEMBERS

15. Part 4 provides post retirement travel expenses and resettlement allowance for former members (within the meaning of the PBR Act) under section 15 of that Act.

PART 5 – RATES OF AUSTRALIAN TRAVEL ALLOWANCE FOR TRAVEL WITHIN AUSTRALIA

16. Part 5 specifies rates of travel allowance for travel within Australia, for the purposes of section 10 of the PBR Regulations and subsection 31(2) of the PBR Act. These rates apply to any member (see definition in the PBR Act, quoted in the note to clause 1.3). This term includes persons who in certain circumstances hold, or are taken to hold an office, but are not senators or members of the House of Representatives.

PART 6 – PRIVATE VEHICLE ALLOWANCE

17. Part 6 specifies the rate of private vehicle allowances for the purposes of sections 12, 27 and 28 of the PBR Regulations and subsection 31(2) of the PBR Act.

PART 7 – TRANSITIONAL PROVISIONS

18. Part 7 maintains the transitional provisions for private plated vehicles contained in Determination 2019.

SCHEDULES

19. Schedule A sets out the rates of an office holder’s salary (expressed as a percentage of base salary) for each Parliamentary office.

20. Schedule B sets out the rates of travel allowance.

Authority: Sections 45 and 46

Parliamentary Business Resources Act 2017

Overview

The Remuneration Tribunal (Members of Parliament) Determination No.2 2019, enacted under the Parliamentary Business Resources Act 2017, addresses the annual review and determination of remuneration and allowances for members and former members of the Australian Parliament. This determination, which supersedes the previous Remuneration Tribunal (Members of Parliament) Determination 2019, aims to ensure that the remuneration, travel allowances, and expenses for parliamentarians are reviewed and set in accordance with the legislative framework provided by the PBR Act. The Remuneration Tribunal is mandated to make these determinations annually to maintain transparency and fairness in the compensation provided to parliamentarians. The determination sets out the base salaries for senators and members of the House of Representatives, additional salaries for office holders and ministers, electorate allowances, and other forms of remuneration such as vehicle allowances and reimbursement for private internet and telephone services. It also outlines allowances and expenses for former members, including post-retirement travel expenses and resettlement allowances. The policy objective is to provide clear and consistent guidelines for the financial support provided to members of Parliament, ensuring that the allowances and expenses reflect the responsibilities and requirements of their roles.

Scope and Application

The Remuneration Tribunal (Members of Parliament) Determination No.2 2019 applies to members and former members of the Australian Parliament, including senators and members of the House of Representatives, and certain office holders as defined under the Parliamentary Business Resources Act 2017 (PBR Act). The determination governs the remuneration, travel allowances, and other allowances and expenses for these individuals, ensuring they are paid out of the public money of the Commonwealth. This legislation operates under the Commonwealth jurisdiction and does not specify any exclusions or thresholds beyond the definitions provided within its various parts. The application of this determination is subject to annual reviews and amendments by the Remuneration Tribunal, with regulations potentially being amended in accordance with their recommendations. The determination does not affect the rights of individuals to their disadvantage and does not impose any liability on them, as per subsection 12(2) of the Legislation Act 2003. Additionally, the power to repeal, rescind, revoke, amend, or vary this determination is conferred under subsection 33(3) of the Acts Interpretation Act 1901.

Key Provisions

The Remuneration Tribunal (Members of Parliament) Determination No.2 2019 (the Determination), made under the Parliamentary Business Resources Act 2017 (PBR Act), governs the remuneration and allowances for current and former members of Parliament, as well as travel allowances for domestic travel. Section 45 and 46 of the PBR Act require the Tribunal to determine these aspects annually, ensuring that they are paid out of the Commonwealth's public money. The Determination also includes definitions for terms used within it, such as 'Luxury car', and specifies that the determination supersedes the previous year's determination. The Determination imposes obligations on the parties it governs by setting out the base salary and additional salaries for senators and members of the House of Representatives, as well as parliamentary office holders and Ministers. It details the portion of base salary and additional salary that is not to be taken into account in defining the parliamentary allowance and salary for the purposes of the Parliamentary Contributory Superannuation Act 1948, and specifies the electorate allowances. Other remuneration for senators and members of the House of Representatives, such as private plated vehicles or allowances in lieu, and reimbursement of the costs of internet and telephone services at private residences, are also outlined in the Determination. Furthermore, it provides post-retirement travel expenses and resettlement allowance for former members, as well as rates of travel allowance for domestic travel and rates of private vehicle allowances. The Determination also maintains the transitional provisions for private plated vehicles contained in the previous year's determination. The Determination does not create any new offences or penalties; however, it is subject to the general legal principles of Australia. Any breach of the provisions in the Determination may result in legal consequences, depending on the nature of the breach and the applicable laws. The maximum penalties for breaches of the PBR Act or related regulations are not specified in the Determination but may be found in the relevant legislation. The Determination is retrospective in nature but does not affect the rights of a person to their disadvantage, nor does it impose any liability on such a person, in accordance with subsection 12(2) of the Legislation Act 2003. The power to repeal, rescind, revoke, amend, or vary any such instrument is conferred under subsection 33(3) of the Acts Interpretation Act 1901. The Determination itself does not create any new offences, but any breach of the provisions in the Determination may result in legal consequences, depending on the nature of the breach and the applicable laws.

Area of Law: Public Sector Remuneration
Instrument: Determination
Concepts: Definitions & Interpretation; Commencement Provisions; Licensing & Registration; Reporting & Disclosure Obligations

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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.

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