Contents

Part 1--Preliminary                                                                                                              1

1............ Short title [see Note 1] ........................................................................ 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Definitions .......................................................................................... 1

4............ Entitlement to benefits ......................................................................... 2

5............ Entitlement to additional benefits ......................................................... 3

6............ Amount of benefit reduced if entitlement begins part-way through financial year     3

7............ Calculation of benefits ......................................................................... 3

8............ Validation ............................................................................................ 4

9............ Alteration of Schedule ......................................................................... 4

10.......... Conflict between regulations and determination .................................. 4

11.......... Appropriation ...................................................................................... 5

12.......... Regulations ......................................................................................... 5

13.......... Amendment of Remuneration Tribunal Act ........................................ 5

14.......... Transitional: financial year 1989-90 .................................................... 5

Schedule 1--Scheduled benefits [see also Table A]                                                       7

Part 1--Members                                                                                                                    7

Part 2--Parliamentary office-holders and Ministers                                        9

Schedule 2--Amendment of Remuneration Tribunal Act 1973              12

Notes                                                                                                                                              13

An Act relating to the provision of benefits to Members of each House of the Parliament

  

Notes to the Parliamentary Entitlements Act 1990

Note 1

The Parliamentary Entitlements Act 1990 as shown in this compilation comprises Act No. 28, 1990 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Parliamentary Entitlements Act 1990	28, 1990	24 May 1990	24 May 1990
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008	144, 2008	9 Dec 2008	Schedule 7 (item 51): 10 Dec 2008	--
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Schedule 5 (items 178-181): 19 Apr 2011	--

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted
Provision affected	How affected
Part 1
S. 3......................................	am. No. 144, 2008; No. 5, 2011
Schedule 1
Schedule 1..........................	am. No. 5, 2011

Table A

Parliamentary Entitlements Regulations 1997 (SR 1997 No. 318 as amended by SR 2003 No. 149; SLI 2005 No. 235; 2006 No. 211; 2008 No. 228; 2009 No. 219 (as amended by SLI 2009 No. 250); 2011 No. 55 (as amended by SLI 2011 No. 97); 2011 No. 72)

Schedule 1        Variation or omission of Scheduled benefits in Schedule 1 to the Parliamentary Entitlements Act 1990

(regulation 2A)

Part 1          Variations or omissions for Part 1

[100AA] Item 2

after

symbols,

insert

as approved by the Minister,

[100]       Item 3

omit

[101]       Item 4

omit

[102]       Item 5

omit

publications from the Australian Government Bookshop

insert

Australian Government publications

[103]       Item 6

omit

in

insert

at

[104]       Item 7

substitute

7. (1)	Office accommodation (including for personal staff) in the electorate, together with equipment, facilities, office requisites and stationery  necessary to operate the office, as approved by the Minister, for purposes related to Parliamentary, electorate or official business, but not commercial business.
(2)	For subitem (1), office requisites and stationery, as approved by the Minister, must not exceed: (a)  from 1 October 2009 to 30 June 2010 -- $26 178; and (b)  for each subsequent financial year -- $35 000 indexed annually.
(3)	Subject to subitem 7 (5), if, in the previous financial year, a member received a supplement under regulation 3EA  -- the amount in paragraph 7 (2) (b) is reduced by the amount of the supplement spent by the member on office requisites and stationery.
(4)	However, the Minister may, having regard to the particular circumstances of a member, waive the requirement in subitem 7 (3) in relation to the member.
(5)	If the Minister has approved, under subregulation 3EA (7A), the expenditure, in the 2011-2012 financial year, of a supplement, under regulation 3EA, for the 2010-2011 financial year, the amount in paragraph 7 (2) (b), for the 2012-2013 financial year, is reduced by the amount of the supplement spent by the member on office requisites and stationery in the 2010-2011 and 2011-2012 financial years.
(6)	However, the Minister may, having regard to the particular circumstances of a member, waive the requirement in subitem 7 (5) in relation to the member.

[104A]    After item 7

insert

7A. (1)	The cost of purchasing publications (including electronic publications) for purposes related to Parliamentary, electorate or official business, but not commercial business.
(2)	For subitem (1), the entitlement for a member of the House of Representatives representing an electorate with a demographic rating, as determined by the Australian Electoral Commission, of inner metropolitan or outer metropolitan, must not exceed: (a)  for the 2009-2010 financial year -- $3 419; and (b)  for each subsequent financial year -- $3 419 indexed annually in accordance with the Consumer Price Index.
(3)	For subitem (1), the entitlement for a Senator or a member of the House of Representatives not mentioned in subitem (2), must not exceed: (a)  for the 2009-2010 financial year -- $4 572; and (b)  for each subsequent financial year -- $4 572 indexed annually in accordance with the Consumer Price Index.

[105]       Paragraph 8 (b)

omit

official cars;

insert

car with driver services;

[105A]    Subitem 9 (1)

after

Parliamentary Delegation

insert

, other than an Inter-Parliamentary Union or Commonwealth Parliamentary Association delegation,

[106]       Paragraph 9 (1) (a)

substitute

                (a)    the cost of travel at the highest available class, including charter travel for the delegation, in accordance with the official itinerary; and

[107]       Paragraph 9 (1) (b)

omit

appropriate Australian Public Service standard;

insert

standard applying to an employee in the Senior Executive Service in the Department of Foreign Affairs and Trade;

[108]       After paragraph 9 (1) (c)

insert

              (ca)    the cost of facilities and services necessary for meetings of the delegation; and

[109]       Paragraph 9 (1) (d)

substitute

               (d)    the following costs relating to medical and hospital services received by the member:

                          (i)    the cost of vaccinations and medical supplies essential for travel overseas;

                         (ii)    the cost of insurance for medical and hospital treatment for the member in the period covered by the official itinerary;

                        (iii)    the cost of medical services (including emergency dental services) and hospital services received overseas by the member in the period covered by the official itinerary if the cost is not covered by insurance; and

             (da)    the cost of baggage insurance to the standard applying to an employee in the Senior Executive Service in the Department of Foreign Affairs and Trade; and

[110]       Paragraph 9 (1) (f)

omit

travel, at the appropriate Australian Public Service standard,

insert

business class travel

[111]       Subitem 9 (2)

substitute

         (2)   The class of travel entitlement of the member may be downgraded for either or both of the following purposes:

                (a)    to offset the cost of the fare of an accompanying spouse;

               (b)    to enable travel to be extended in accordance with a revised itinerary approved by the Minister for purposes related to Parliamentary or electorate business.

[112]       After item 9

insert

Note   Travel for Inter-Parliamentary Union and Commonwealth Parliamentary Association delegations is funded separately by the Parliament.

[113]       Item 10

omit

and Leaders of the Opposition in the House of Representatives,

insert

, former Leaders of the Opposition in the House of Representatives and former Leaders of The Nationals in the House of Representatives,

Part 2          Variations or omissions for Part 2

[201]       Paragraph 1 (1) (b)

substitute

               (b)    for the Leader of the Opposition in the House of Representatives, the use of an official car with driver in Canberra or in the capital city of his or her home State or Territory; and

[202]       Paragraph 1 (1) (c)

omit

[203]       Paragraph 1 (1) (d)

omit

official cars;

insert

car with driver services;

[204]       Paragraph 1 (1) (e)

after

Presiding Officer,

insert

who may be accompanied by his or her spouse, 1 staff member and, subject to subitems (5) and (6), 1 or more persons mentioned in subitem (4),

[205]       Paragraph 1 (1) (f)

substitute

                (f)    for the leader of a minority party, who may be accompanied by his or her spouse, 1 staff member and, subject to subitems (5) and (6), 1 or more persons mentioned in subitem (4), the cost of charter transport, not exceeding an annual amount calculated in accordance with subitem (7); and

[205A]    Subitem 1 (2)

omit

an Opposition Office holder or Presiding Officer,

insert

a Senior Officer,

[205AB] After subitem 1 (3)

insert

         (4)   For paragraphs (1) (e) and (f), the persons are:

                (a)    1 or more additional members of his or her staff; and

               (b)    another member, or members, whose presence is relevant to the purpose of the travel; and

                (c)    subject to subitem (6), any other person.

         (5)   A person mentioned in subitem (4) is not entitled to travel under this item if, as a result of the addition of the person to the travelling party:

                (a)    a larger aircraft or vehicle is required; or

               (b)    the cost to the Commonwealth of the travel is increased.

         (6)   If a person mentioned in paragraph (4) (c) is added to a travelling party, the cost of the person's travel must be recovered, in accordance with cost recovery guidelines issued by the Minister.

         (7)   For paragraph (1) (f), the annual amount is:

                (a)    for the 2011-2012 financial year -- $18,300; and

               (b)    for each subsequent financial year -- $18,300 indexed annually, in accordance with the Consumer Price Index, rounded up or down to the nearest multiple of $100 (rounding up an amount of $50).

[206]       Paragraph 2 (1) (d)

substitute

               (d)    the cost of business class travel of 1 member of staff accompanying the Leader, Deputy Leader or Presiding Officer; and

[207]       Paragraph 2 (1) (e)

omit

travel, at the appropriate Australian Public Service standard,

insert

travel at business class

[208]       Paragraph 2 (1) (f)

substitute

                (f)    the following costs relating to medical and hospital services received by the Leader, Deputy Leader or Presiding Officer:

                          (i)    the cost of vaccinations and medical supplies essential for travel overseas;

                         (ii)    the cost of insurance for medical and hospital treatment for the Leader, Deputy Leader or Presiding Officer when travelling overseas;

                        (iii)    the cost of medical services (including emergency dental services) and hospital services received overseas by the Leader, Deputy Leader or Presiding Officer if the cost is not covered by insurance; and

               (g)    the cost of baggage insurance to the standard applying to an employee in the Senior Executive Service in the Department of Foreign Affairs and Trade; and

               (h)    equipment and clothing allowances equivalent to the standard applying to an employee in the Senior Executive Service in the Department of Foreign Affairs and Trade.

[208A]    Subitem 3 (1)

after

overseas

insert

, and the cost of emergency medical and hospital treatment overseas (if required),

[210]       Item 4

after

Officer

insert

(other than a Parliamentary Secretary)

[210A]    Paragraph 4 (b)

omit

prior

[210B]    Paragraph 4 (b)

omit

first-class

insert

the highest available class

[211]       Item 6 (2)

substitute

      (1A)   For a Senior Officer, the following costs in relation to a dedicated data line associated with 1 home telephone service mentioned in subitem 6 (1):

                (a)    the full cost of installation, maintenance and rental of the line; and

               (b)    all call and on-line costs.

         (2)   For the leader of a minority party:

                (a)    the full cost of a home telephone service in Canberra; and

               (b)    for a dedicated data line associated with the home telephone service:

                          (i)    the full cost of installation, maintenance and rental of the line; and

                         (ii)    all call and on-line costs.

[212]       Item 7

after

official business

insert

, other than postage for a bulk mail-out