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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Members
of Parliament (Life Gold Pass) Bill 2002
No.
, 2002
(Special Minister of
State)
A Bill for an Act about Life Gold
Passes, and for other purposes
Contents
A Bill for an Act about Life Gold Passes, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Members of Parliament (Life Gold Pass)
Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 and 2 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Section 3 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
3. Sections 4 to 8 |
The day on which this Act receives the Royal Assent |
|
|
4. Section 9 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
5. Parts 2, 3, 4 and 5 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
6. Part 6 |
The day on which this Act receives the Royal Assent |
|
|
7. Part 7 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
8. Sections 25 to 31 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
9. Sections 32 and 33 |
The day on which this Act receives the Royal Assent |
|
|
10. Sections 34 and 35 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
11. Schedule 1 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
The following is a simplified outline of this Act:
• This Act sets out the entitlements of holders of a Life Gold
Pass.
• The basic rules are as follows:
(a) a former Prime Minister is entitled to a maximum of 40 domestic return
trips per year;
(b) other pass-holders are entitled to a maximum of 25 domestic return
trips per year.
• This Act also deals with travel by:
(a) spouses of pass-holders; and
(b) the widows and widowers of deceased pass-holders; and
(c) the spouses of sitting members who have satisfied the qualifying
period for the issue of a Life Gold Pass.
• If a superannuation order is made under the Crimes
(Superannuation Benefits) Act 1989 in relation to a person convicted of a
corruption offence, the person is disqualified from Life Gold Pass travel and
severance travel.
In this Act, unless the contrary intention appears:
Australia does not include an external Territory.
commercial purpose means a purpose relating to the derivation
of financial gain or reward, whether as a board member, an office-holder, an
employee, a self-employed person or otherwise.
convicted, when used in relation to a corruption offence, has
the same meaning as in the Crimes (Superannuation Benefits) Act
1989.
corruption offence has the same meaning as in the Crimes
(Superannuation Benefits) Act 1989.
domestic return trip means a return trip that is:
(a) wholly within Australia; and
(b) not for a commercial purpose; and
(c) on a scheduled transport service or on a combination of scheduled
transport services.
Note: See also sections 7 and 8.
DPP means the Director of Public Prosecutions.
former member means a person who has retired from the
Parliament.
holder of a Life Gold Pass means a former member who, on
retirement from the Parliament, was qualified to hold a Life Gold
Pass.
Note 1: A person who retired from the Parliament after the
commencement of this section may have been qualified to hold a Life Gold Pass
under a determination of the Remuneration Tribunal.
Note 2: A person who retired from the Parliament before the
commencement of this section may have been qualified to hold a Life Gold Pass
under a determination of the Remuneration Tribunal or under a scheme that was in
existence under the executive power of the Commonwealth.
member means a member of either House of the
Parliament.
retirement from the Parliament has the meaning given by
section 5.
scheduled transport service means:
(a) a scheduled air service; or
(b) a scheduled rail service; or
(c) a scheduled bus service; or
(d) a scheduled tram service; or
(e) a scheduled ferry service; or
(f) a scheduled vehicular service.
severance travel means travel at the expense of the
Commonwealth under:
(a) clause 8.1 of Determination 1998/26 (as amended) of the
Remuneration Tribunal; or
(b) the corresponding provision of another determination of the
Remuneration Tribunal (whether made before or after the commencement of this
section).
spouse, in relation to a person, means the person’s
legally married husband or legally married wife.
stop-over, in relation to a return trip, means a stop-over in
the forward or return part of the trip.
widow, in relation to a deceased man, means the woman who was
the spouse of the deceased man at the time of his death.
widower, in relation to a deceased woman, means the man who
was the spouse of the deceased woman at the time of her death.
year means:
(a) the financial year beginning on 1 July 2003; or
(b) a later financial year.
(1) For the purposes of this Act, a person retires from the
Parliament when the person ceases to be a member.
(2) For the purposes of subsection (1), a person is taken not to have
ceased to be a member while he or she continues to be entitled to the
Parliamentary allowance that was payable to him or her as a member.
(3) This Act applies to retirement from the Parliament, whether the
retirement occurs before, at or after the commencement of this
section.
For the purposes of this Act, if:
(a) a person dies while a member (whether the death occurs before, at or
after the commencement of this section); and
(b) immediately before his or her death, the person satisfied the relevant
qualifying period for the issue of a Life Gold Pass;
the person is taken:
(c) to have retired from the Parliament at the time of his or her death;
and
(d) to have been qualified to hold a Life Gold Pass on retirement from the
Parliament.
For the purposes of this Act, a return trip is wholly within Australia
if, and only if:
(a) the trip begins at a place (the starting place) within
Australia; and
(b) the destination is a place within Australia; and
(c) each stop-over (if any) is at a place within Australia; and
(d) the trip ends at the starting place.
For the purposes of this Act, a stop-over in a return trip does not
affect the continuity of the forward or return part of the return
trip.
Note: See also Part 7.
Year
(1) For the purposes of this Act, if a return trip begins in a particular
year, the trip is taken to be in that year (even if the trip is completed after
the end of that year).
Widow or widower
(2) Subsection (1) does not apply for the purposes of determining the
entitlements of the widow or widower of a former member.
(3) If:
(a) the widow or widower of a former member has entitlements under this
Act in relation to:
(i) the 12-month period beginning at the time of the death of the former
member or the commencement of this section, whichever is the later;
and
(ii) each succeeding 12-month period; and
(b) the widow or widower begins a return trip in one of those 12-month
periods;
the trip is taken to be in that 12-month period (even if the trip is
completed after the end of that 12-month period).
(4) If the widow or widower of a former member has entitlements under this
Act only in relation to:
(a) the 12-month period beginning at the time of the death of the former
member or the commencement of this section, whichever is the later;
and
(b) the next succeeding 12-month period;
then:
(c) if the widow or widower begins a return trip in the period mentioned
in paragraph (a)—the trip is taken to be in that period, so long as
the trip is completed before the end of the period mentioned in
paragraph (b); and
(d) if the widow or widower begins a return trip in the period mentioned
in paragraph (b)—the trip is taken to be in that period, so long as
the trip is completed before the end of that period.
(1) The following table has effect:
|
Entitlements |
||
|---|---|---|
|
Item |
This person... |
is entitled to... |
|
1 |
a former Prime Minister who: |
a maximum of 40 domestic return trips per year. |
|
2 |
the spouse of a former Prime Minister, where the former Prime
Minister: |
a maximum of 40 domestic return trips per year, so long as no more than 10
of those trips are non-accompanying/joining trips (as defined by
subsection (3)). |
|
3 |
the widow or widower of a former Prime Minister |
the following: |
Pro-rata adjustments
(2) Subsection (1) has effect subject to section 14 (pro-rata
adjustments).
Non-accompanying/joining trip
(3) For the purposes of this section, a domestic return trip by the spouse
of a former Prime Minister is a non-accompanying/joining trip if
the trip is not for the purpose of accompanying or joining the former Prime
Minister.
Scope
(1) This section applies if a former member never held office as Prime
Minister.
Entitlements
(2) The following table has effect:
|
Entitlements |
||
|---|---|---|
|
Item |
This person... |
is entitled to... |
|
1 |
a former member who is the holder of a Life Gold Pass |
a maximum of 25 domestic return trips per year. |
|
2 |
the spouse of a former member, where the former member is the holder of a
Life Gold Pass |
a maximum of 25 domestic return trips per year, so long as each trip is for
the purpose of accompanying or joining the former member. |
|
3 |
the widow or widower of a former member, where the former
member: |
the following: so long as each trip is completed before the end of that next succeeding
12-month period. |
|
4 |
the widow or widower of a former member, where the former
member: |
the following: so long as each trip is completed before the end of that next succeeding
12-month period. |
|
5 |
the widow or widower of a former member, where the former
member: |
the following: |
Pro-rata adjustments
(3) Subsection (2) has effect subject to section 14 (pro-rata
adjustments).
Scope
(1) This section applies if a member has satisfied the relevant qualifying
period for the issue of a Life Gold Pass.
Entitlements
(2) The following table has effect:
|
Entitlements |
||
|---|---|---|
|
Item |
This person... |
is entitled to... |
|
1 |
the spouse of the Prime Minister |
a maximum of 40 domestic return trips to Canberra per year, so long as each
trip is for the purpose of accompanying or joining the Prime Minister. |
|
2 |
the spouse of a member, where the member has held office as Prime
Minister |
a maximum of 40 domestic return trips to Canberra per year, so long as each
trip is for the purpose of accompanying or joining the member. |
|
3 |
the spouse of a member, where the member never held office as Prime
Minister |
a maximum of 25 domestic return trips to Canberra per year, so long as each
trip is for the purpose of accompanying or joining the member. |
Pro-rata adjustments
(3) Subsection (2) has effect subject to section 14 (pro-rata
adjustments).
Additional entitlements
(4) Entitlements under subsection (2) are in addition to:
(a) any entitlements under a determination of the Remuneration Tribunal
that do not relate to qualification for a Life Gold Pass; or
(b) any entitlements under the Parliamentary Entitlements Act
1990.
The following is a simplified outline of this Part:
• This Part adjusts entitlements in the following
situations:
(a) a pro-rata adjustment where a member retires during a year;
(b) a pro-rata adjustment where a person becomes the spouse of a former
member or member during a year;
(c) a pro-rata adjustment where, during a year, a member satisfies the
relevant qualifying period for the issue of a Life Gold Pass.
(1) The following table has effect:
|
Pro-rata adjustment |
|||
|---|---|---|---|
|
Item |
For the purposes of the application of... |
if the following condition is satisfied... |
the item has effect for that year as if the number of domestic return
trips specified in the item were the number worked out using the pro-rating
formula in subsection (2), where the remaining period begins
on... |
|
1 |
item 1 of a table in Part 2 or 3 to a former member |
the former member retires from the Parliament during a year |
the day after the day on which the former member retires from the
Parliament. |
|
2 |
item 2 of a table in Part 2 or 3 to a person who is the spouse of
a former member |
either or both of the following events happens during a year: |
whichever is the later of the following days: |
|
3 |
item 1, 2 or 3 of a table in Part 4 to a person who is the spouse
of a member |
either or both of the following events happens during a year: |
whichever is the later of the following days: |
Pro-rating formula
(2) The pro-rating formula is:
where:
remaining period means the period:
(a) beginning on the day worked out using the table; and
(b) ending at the end of the year.
(3) A number worked out using the formula is to be rounded to the nearest
whole number that is greater than zero (rounding up in the case exactly half-way
between 2 whole numbers).
The following is a simplified outline of this Part:
• If a superannuation order is made under the Crimes
(Superannuation Benefits) Act 1989 in relation to a person convicted of a
corruption offence, the person is disqualified from Life Gold Pass travel and
severance travel.
Scope
(1) This Part applies to a person if:
(a) a superannuation order is or was made in relation to the person under
the Crimes (Superannuation Benefits) Act 1989 on or after 11 June
2002; and
(b) the order relates to the person’s conviction of a corruption
offence that was committed when the person was a member; and
(c) the order was not revoked before the commencement of this
Part.
DPP to notify order to the Minister
(2) As soon as practicable after the order is made, the DPP must give
written notice of the fact to the Minister.
Pre-commencement orders
(3) If the order was made before the commencement of this Part, this Part
has effect as if the order had been made immediately after the commencement of
this Part.
The following table has effect:
|
Consequences of order |
||
|---|---|---|
|
Item |
If... |
the consequence of the making of the order is that... |
|
1 |
the person was the holder of a Life Gold Pass when the order was
made |
the person is taken to have ceased to be the holder of a Life Gold Pass
and, if a Life Gold Pass had been issued to the person before the order was
made: |
|
2 |
both of the following conditions are satisfied: |
the person is taken to have ceased to satisfy the relevant qualifying
period for the issue of a Life Gold Pass. |
|
3 |
the following conditions are satisfied: |
the person is incapable of satisfying the relevant qualifying period for
the issue of a Life Gold Pass. |
|
4 |
the person is not the holder of a Life Gold Pass |
the person is not entitled to severance travel. |
DPP to notify revocation to the Minister
(1) If the order is revoked, the DPP must give written notice of the fact
to the Minister.
Effect of revocation of order
(2) If the order is revoked, the following table has effect:
|
Effect of revocation |
||
|---|---|---|
|
Item |
If... |
the effect of the revocation of the order is that... |
|
1 |
the person’s Life Gold Pass was cancelled under item 1 of the
table in section 17 |
the Life Gold Pass is to be restored to the person as soon as
practicable. |
|
2 |
the person was the holder of a Life Gold Pass when the order was
made |
the person is taken to have resumed being the holder of a Life Gold
Pass. |
|
3 |
both of the following conditions are satisfied: |
the person is taken to have resumed satisfying the relevant qualifying
period for the issue of a Life Gold Pass. |
|
4 |
the following conditions are satisfied: |
item 3 of the table in section 17 is to be disregarded in
determining whether the person satisfies the relevant qualifying period for the
issue of a Life Gold Pass. |
|
5 |
the person is not the holder of a Life Gold Pass |
the person is taken to have resumed his or her entitlement to severance
travel, but the period during which the person is eligible for severance travel
is extended by one day for each day in the period: |
(1) If the order is revoked, the following table has effect:
|
Compensatory travel entitlements |
||
|---|---|---|
|
Item |
If, at the time of revocation... |
the Minister may determine in writing that... |
|
1 |
The person is a former member |
in addition to any other entitlements of the person, the person is entitled
to such number of additional domestic return trips as the Minister considers to
be fair recompense to the person. |
|
2 |
The person is a former member, and has a spouse |
in addition to any other entitlements of the spouse, the spouse is entitled
to such number of additional domestic return trips as the Minister considers to
be fair recompense to the spouse, so long as each additional trip is for the
purpose of accompanying or joining the former member. |
(2) If a determination under subsection (1) is made before the 28th
day after the day on which this Act receives the Royal Assent, the determination
takes effect on that 28th day.
The following is a simplified outline of this Part:
• If a person’s domestic return trip has a stop-over that is
longer than 24 hours, the person is taken to have completed an additional 0.5
domestic return trips.
For the purposes of this Act, if:
(a) a former member, or the widow or widower of a former member,
undertakes a domestic return trip; and
(b) the return trip uses an entitlement of the former member, or the widow
or widower, as the case may be, under this Act; and
(c) there are one or more stop-overs that satisfy the following
conditions:
(i) the stop-over is longer than 24 hours;
(ii) none of the circumstances surrounding the stop-over are circumstances
of a kind declared by the regulations to be exceptional circumstances;
then, for each such stop-over, the former member, or the widow or widower,
as the case may be, is taken to have completed an additional 0.5 domestic return
trips at the time when the return trip was completed.
For the purposes of this Act, if:
(a) the spouse of a former Prime Minister undertakes a domestic return
trip; and
(b) the former Prime Minister has retired from the Parliament;
and
(c) the return trip uses an entitlement of the spouse under this Act;
and
(d) there are one or more stop-overs that satisfy the following
conditions:
(i) the stop-over is longer than 24 hours;
(ii) none of the circumstances surrounding the stop-over are circumstances
of a kind declared by the regulations to be exceptional circumstances;
then, for each such stop-over, the spouse is taken to have completed an
additional 0.5 domestic return trips:
(e) at the time when the return trip was completed; and
(f) if the return trip was for the purpose of accompanying or joining the
former Prime Minister—for that purpose; and
(g) if the return trip was not for the purpose of accompanying or joining
the former Prime Minister—otherwise than for the purpose of accompanying
or joining the former Prime Minister.
For the purposes of this Act, if:
(a) the spouse of a former member undertakes a domestic return trip;
and
(b) the former member never held office as Prime Minister; and
(c) the return trip uses an entitlement of the spouse under this Act;
and
(d) there are one or more stop-overs that satisfy the following
conditions:
(i) the stop-over is longer than 24 hours;
(ii) none of the circumstances surrounding the stop-over are circumstances
of a kind declared by the regulations to be exceptional circumstances;
then, for each such stop-over, the spouse is taken to have completed an
additional 0.5 domestic return trips:
(e) at the time when the return trip was completed; and
(f) for the purpose of accompanying or joining the former
member.
For the purposes of this Act, if:
(a) the spouse of a member undertakes a domestic return trip to Canberra;
and
(b) the return trip uses an entitlement of the spouse under this Act;
and
(c) there are one or more stop-overs that satisfy the following
conditions:
(i) the stop-over is longer than 24 hours;
(ii) none of the circumstances surrounding the stop-over are circumstances
of a kind declared by the regulations to be exceptional circumstances;
then, for each such stop-over, the spouse is taken to have completed an
additional 0.5 domestic return trips to Canberra:
(d) at the time when the return trip was completed; and
(e) for the purpose of accompanying or joining the member.
A person’s entitlement under this Act to a domestic return trip is
limited to travel at the expense of the Commonwealth on the scheduled transport
service or services concerned.
Travel under this Act on a domestic return trip is to be at the same
class of travel determined from time to time by the Remuneration Tribunal for a
member.
A person’s entitlement to travel under this Act cannot be
transferred to, or used by, another person.
(1) If a person has entitlements under this Act in relation to a
particular year, an unused entitlement cannot be carried forward from that year
to a later year.
(2) If the widow or widower of a former member has entitlements under this
Act in relation to a particular 12-month period, an unused entitlement cannot be
carried forward from that 12-month period to a later 12-month period.
(3) A person’s entitlement to travel under this Act cannot be used
or anticipated before the year or period in which the entitlement
accrues.
(1) If:
(a) a person has accrued frequent flyer points as a result of travel at
the expense of the Commonwealth; and
(b) as a result of a choice by the person, any or all of those points are
used to enable the person, or the person’s spouse, to travel on a domestic
return trip; and
(c) if the points had not been used, the traveller would have been
entitled to the return trip under this Act;
the traveller is taken to have used an entitlement under this Act in
relation to the return trip.
(2) This section applies to frequent flyer points accrued before, at or
after the commencement of this section.
Inconsistency
(1) A determination of the Remuneration Tribunal has no effect to the
extent to which it is inconsistent with this Act.
Qualification for a Life Gold Pass
(2) A determination of the Remuneration Tribunal is to make provision for
the circumstances in which a member will, on retirement from the Parliament,
qualify for a Life Gold Pass.
(3) A determination may provide for different circumstances for different
kinds of members.
Pre-commencement trips
(4) This Act (other than Part 6) does not affect an entitlement under
a determination of the Remuneration Tribunal in relation to a return trip that
began before the commencement of this section (even if the trip is completed
after the commencement of this section).
Severance travel
(5) This Act (other than Part 6) does not affect:
(a) clauses 8.1 to 8.6 of Determination 1998/26 (as amended) of the
Remuneration Tribunal; or
(b) the corresponding provisions of another determination of the
Remuneration Tribunal (whether made before or after the commencement of this
section).
The cost of travel under this Act is to be paid out of the Consolidated
Revenue Fund, which is appropriated for the purpose.
(1) If:
(a) the operation of this Act would result in the acquisition of property
otherwise than on just terms; and
(b) the acquisition would not be valid, apart from this section, because a
particular person has not been compensated;
the Commonwealth is liable to pay a reasonable amount of compensation to
the person.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in the Federal Court of
Australia for the recovery from the Commonwealth of such reasonable amount of
compensation as the court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
(1) If:
(a) a person travels at the expense of the Commonwealth; and
(b) the travel is purportedly authorised under:
(i) this Act; or
(ii) paragraph 2.25(b) or clause 7.1, 7.4 or 7.5 of Determination
1998/26 (as amended) of the Remuneration Tribunal, or a corresponding provision
of another determination of the Remuneration Tribunal made before the
commencement of this section; or
(iii) clause 8.1 of Determination 1998/26 (as amended) of the
Remuneration Tribunal, or a corresponding provision of another determination of
the Remuneration Tribunal (whether made before or after the commencement of this
section); and
(c) the person was not eligible to travel at the expense of the
Commonwealth;
the person is liable to pay to the Commonwealth an amount equal to the
amount of the expenses incurred by the Commonwealth.
Action for recovery of expenses
(2) The amount may be recovered, as a debt due to the Commonwealth by the
person, by action in a court of competent jurisdiction.
Transitional—subparagraph (1)(b)(ii)
(3) Subparagraph (1)(b)(ii) does not apply to travel that occurred
after the commencement of section 30 unless the travel is part of a return
trip that began before the commencement of that section.
Schedule 1 has effect.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
Note: See section 34
In this Schedule:
transitional period means the period:
(a) beginning on the 28th day after the day on which this Act receives the
Royal Assent; and
(b) ending on 30 June 2003.
For the purposes of this Act, if a return trip begins in the transitional
period, the trip is taken to be in the transitional period (even if the trip is
completed after the end of the transitional period).
Entitlements
(1) The following table has effect:
|
Entitlements |
||
|---|---|---|
|
Item |
This person... |
is entitled to... |
|
1 |
a former Prime Minister who: |
a maximum of N domestic return trips in the transitional period (where N is
the transitional number). |
|
2 |
the spouse of a former Prime Minister, where the former Prime
Minister: |
a maximum of N domestic return trips in the transitional period (where N is
the transitional number), so long as no more than 10 of those trips are
non-accompanying/joining trips (as defined by subclause (5)). |
Pro-rata adjustments
(2) Subclause (1) has effect subject to clause 8 (pro-rata
adjustments).
Transitional number
(3) For the purposes of this clause, the transitional number
is the number worked out using the formula:
(4) A number worked out using the formula is to be rounded to the nearest
whole number that is greater than zero (rounding up in the case exactly half-way
between 2 whole numbers).
Non-accompanying/joining trip
(5) For the purposes of this clause, a domestic return trip by the spouse
of a former Prime Minister is a non-accompanying/joining trip if
the trip is not for the purpose of accompanying or joining the former Prime
Minister.
Scope
(1) This clause applies if a former member never held office as Prime
Minister.
Entitlements
(2) The following table has effect:
|
Entitlements |
||
|---|---|---|
|
Item |
This person... |
is entitled to... |
|
1 |
a former member who is the holder of a Life Gold Pass |
a maximum of N domestic return trips in the transitional period (where N is
the transitional number). |
|
2 |
the spouse of a former member, where the former member is the holder of a
Life Gold Pass |
a maximum of N domestic return trips in the transitional period (where N is
the transitional number), so long as each trip is for the purpose of
accompanying or joining the former member. |
Pro-rata adjustments
(3) Subclause (2) has effect subject to:
(a) clause 5 (total number of domestic return trips); and
(b) clause 8 (pro-rata adjustments).
Transitional number
(4) For the purposes of this clause, the transitional number
is the number worked out using the formula:
(5) A number worked out using the formula is to be rounded to the nearest
whole number that is greater than zero (rounding up in the case exactly half-way
between 2 whole numbers).
Scope
(1) This clause applies if:
(a) a former member retired from the Parliament before the commencement of
this clause; and
(b) the former member became the holder of a Life Gold Pass on retirement
from the Parliament; and
(c) if this Act had not been enacted, the former member would have been
entitled to travel, at the expense of the Commonwealth, up to a maximum of 25
domestic return trips (or a pro-rata rounded number of domestic return trips) in
the financial year beginning on 1 July 2002; and
(d) the former member never held office as Prime Minister.
Former member
(2) The total number of domestic return trips which the former member may
undertake in that financial year in his or her capacity of holder of a Life Gold
Pass must not exceed 25, or the pro-rata rounded number, as the case
requires.
Spouse of former member
(3) The total number of domestic return trips which the spouse of the
former member may undertake in that financial year in his or her capacity of
spouse of a holder of a Life Gold Pass must not exceed 25, or the pro-rata
rounded number, as the case requires.
When return trip is in a financial year
(4) For the purposes of this clause, if a return trip begins in a
particular financial year, the trip is taken to be in that year (even if the
trip is completed after the end of that year).
Scope
(1) This clause applies if a member has satisfied the relevant qualifying
period for the issue of a Life Gold Pass.
Entitlements
(2) The following table has effect:
|
Entitlements |
||
|---|---|---|
|
Item |
This person... |
is entitled to... |
|
1 |
the spouse of the Prime Minister |
a maximum of N domestic return trips to Canberra in the transitional period
(where N is the first transitional number), so long as each trip is for the
purpose of accompanying or joining the Prime Minister. |
|
2 |
the spouse of a member, where the member has held office as Prime
Minister |
a maximum of N domestic return trips to Canberra in the transitional period
(where N is the first transitional number), so long as each trip is for the
purpose of accompanying or joining the member. |
|
3 |
the spouse of a member, where the member never held office as Prime
Minister |
a maximum of N domestic return trips to Canberra in the transitional period
(where N is the second transitional number), so long as each trip is for the
purpose of accompanying or joining the member. |
Pro-rata adjustments
(3) Subclause (2) has effect subject to clause 8 (pro-rata
adjustments).
Additional entitlements
(4) Entitlements under subclause (2) are in addition to:
(a) any entitlements under a determination of the Remuneration Tribunal
that do not relate to qualification for a Life Gold Pass; or
(b) any entitlements under the Parliamentary Entitlements Act
1990.
First transitional number
(5) For the purposes of this clause, the first transitional
number is the number worked out using the formula:
(6) A number worked out using the formula is to be rounded to the nearest
whole number that is greater than zero (rounding up in the case exactly half-way
between 2 whole numbers).
Second transitional number
(7) For the purposes of this clause, the second transitional
number is the number worked out using the formula:
(8) A number worked out using the formula is to be rounded to the nearest
whole number that is greater than zero (rounding up in the case exactly half-way
between 2 whole numbers).
The following is a simplified outline of this Part:
• This Part adjusts entitlements in the following
situations:
(a) a pro-rata adjustment where a member retires during the transitional
period;
(b) a pro-rata adjustment where a person becomes the spouse of a former
member or member during the transitional period;
(c) a pro-rata adjustment where, during the transitional period, a member
satisfies the relevant qualifying period for the issue of a Life Gold
Pass.
(1) The following table has effect:
|
Pro-rata adjustment |
|||
|---|---|---|---|
|
Item |
For the purposes of the application of... |
if the following condition is satisfied... |
the item has effect for the transitional period as if the number of
domestic return trips specified in the item were the number worked out using the
pro-rating formula in subclause (2), where the remaining period
begins on... |
|
1 |
item 1 of a table in Part 2 or 3 of this Schedule to a former
member |
the former member retires from the Parliament during the transitional
period |
the day after the day on which the former member retires from the
Parliament. |
|
2 |
item 2 of a table in Part 2 or 3 of this Schedule to a person who
is the spouse of a former member |
either or both of the following events happens during the transitional
period: |
whichever is the later of the following days: |
|
3 |
item 1, 2 or 3 of a table in Part 4 of this Schedule to a person
who is the spouse of a member |
either or both of the following events happens during the transitional
period: |
whichever is the later of the following days: |
Pro-rating formula
(2) The pro-rating formula is:
where:
remaining period means the period:
(a) beginning on the day worked out using the table; and
(b) ending at the end of the transitional period.
(3) A number worked out using the formula is to be rounded to the nearest
whole number that is greater than zero (rounding up in the case exactly half-way
between 2 whole numbers).
If a person has entitlements under this Act in relation to the
transitional period, an unused entitlement cannot be carried forward from the
transitional period to a year.