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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Parliamentary Expenses Amendment
(Transparency and Accountability) Bill
2015
No. , 2015
(Senator Xenophon)
A Bill for an Act to amend the Parliamentary
Entitlements Act 1990 and other legislation, and for
related purposes
No. , 2015
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Travel entitlements reporting
3
Parliamentary Entitlements Act 1990
3
Part 2--Ombudsman scrutiny
10
Ombudsman Act 1976
10
No. , 2015
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
1
A Bill for an Act to amend the Parliamentary
1
Entitlements Act 1990 and other legislation, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Parliamentary Expenses Amendment
6
(Transparency and Accountability) Act 2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
Travel entitlements reporting Part 1
No. , 2015
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
3
Schedule 1
--Amendments
1
Part 1
--Travel entitlements reporting
2
Parliamentary Entitlements Act 1990
3
1 Section 3
4
Insert:
5
claim means a claim or request for a benefit in relation to a
6
member, Parliamentary office-holder or Minister that is made to
7
the Commonwealth, regardless of whether the claim or request is
8
made by the member, Parliamentary office-holder or Minister
9
personally.
10
claimant means the member, Parliamentary office-holder or
11
Minister to whom a claim relates.
12
designated travel benefit means a benefit in relation to the costs of
13
travel of a claimant, other than travel in Australia for purposes
14
related to:
15
(a) travel to or from Canberra for the purposes of sitting days of
16
the House of the Parliament of which the claimant is a
17
member; or
18
(b) travel for the purposes of Parliamentary Committee hearings
19
or meetings.
20
quarter means a period of 3 months ending on 31 March, 30 June,
21
30 September or 31 December.
22
travel benefit means a benefit in relation to a member for the costs
23
of travel, whether the travel is by the member or another person.
24
2 After section 5
25
Insert:
26
Schedule 1 Amendments
Part 1 Travel entitlements reporting
4
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
No. , 2015
5A Explanatory statement to accompany claim for designated travel
1
benefits
2
Scope
3
(1) This section applies if, in a calendar month:
4
(a) a member, Parliamentary office-holder or Minister is entitled
5
to a benefit under section 4 or 5; and
6
(b) the benefit is a designated travel benefit; and
7
(c) one or more claims for such a benefit are made by the
8
claimant during the month.
9
Statement
10
(2) The claimant must give the Department a statement that sets out
11
the following in relation to which the designated travel benefit was
12
claimed:
13
(a) the purpose or purposes of the travel;
14
(b) the proportion of the claimant's business hours spent on each
15
purpose during the travel period;
16
(c) the dates, times and locations of the travel;
17
(d) the number of flights taken (if any);
18
(e) details of any other means of travel taken;
19
(f) the number of nights for which accommodation costs were
20
claimed (if any);
21
(g) the total amount claimed;
22
(h) the claimant's declaration that each benefit has been claimed
23
in accordance with this Act and any other relevant law of the
24
Commonwealth.
25
(3) For the purposes of paragraph (2)(a), the purpose of the travel may
26
be listed as confidential if the statement also includes a declaration
27
by the claimant that if the purpose of the travel is stated there is
28
likely to be a risk of prejudice to national security.
29
(4) The statement must:
30
(a) be given within 7 days of the end of the calendar month; and
31
(b) be in a form or forms approved by the Minister.
32
Amendments Schedule 1
Travel entitlements reporting Part 1
No. , 2015
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
5
Department must publish statements
1
(5) The Department must publish the statement on its website within
2
14 days of receiving the statement.
3
Section applies where travel is for multiple purposes
4
(6) To avoid doubt, this section applies, if:
5
(a) travel is for more than one purpose; and
6
(b) a designated travel benefit is claimed in relation to one of
7
those purposes.
8
5B Explanatory statement for charter transport benefits
9
Scope
10
(1) This section applies if, in a calendar month:
11
(a) a member, Parliamentary office-holder or Minister is entitled
12
to a benefit under section 4 or 5 for charter transport; and
13
(b) one or more claims for such a benefit are made by the
14
claimant during the month.
15
Statement
16
(2) The claimant must give the Department a statement that sets out:
17
(a) the purpose or purposes of the travel; and
18
(b) the reasons why it was necessary or desirable to take charter
19
transport.
20
(3) For the purposes of paragraph (2)(a), the purpose of the travel may
21
be listed as confidential if the statement also includes a declaration
22
by the claimant that stating the purpose of the travel is likely to be
23
a risk of prejudice to national security.
24
(4) The statement must:
25
(a) be given within 7 days of the end of the calendar month; and
26
(b) be in a form or forms approved by the Minister.
27
Schedule 1 Amendments
Part 1 Travel entitlements reporting
6
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
No. , 2015
Department must publish statements
1
(5) The Department must publish the statement on its website within
2
14 days of receiving the statement.
3
5C Explanatory statement for family travel benefits
4
Scope
5
(1) This section applies if, in a calendar month:
6
(a) a member, Parliamentary office-holder or Minister is entitled
7
to a benefit under section 4 or 5 for costs of travel for a
8
dependent child or spouse; and
9
(b) one or more claims for such a benefit are made by the
10
claimant during the month.
11
Statement
12
(2) The claimant must give the Department a statement that sets out:
13
(a) who the costs of travel were in relation to; and
14
(b) the dates, times and locations of the travel; and
15
(c) the costs of travel claimed.
16
(3) The statement must:
17
(a) be given within 7 days of the end of the calendar month; and
18
(b) be in a form or forms approved by the Minister.
19
Department must publish statements
20
(4) The Department must publish the statement on its website within
21
14 days of receiving the statement.
22
3 After section 7
23
Insert:
24
7A Claims must not be made in excess of entitlement
25
A person must not make a claim for a benefit that is wholly or
26
partly in excess of entitlement.
27
Amendments Schedule 1
Travel entitlements reporting Part 1
No. , 2015
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
7
Note:
If a person contravenes this section in relation to a travel benefit, a
1
penalty may apply: see section 7B.
2
7B Loading in respect of contraventions of section 7A for travel
3
benefits
4
Scope
5
(1) This section applies if:
6
(a) a claimant makes a claim for a travel benefit in contravention
7
of section 7A; and
8
(b) the Commonwealth pays an amount, or provides goods,
9
services or facilities, purportedly by way of travel benefit
10
pursuant to the claim; and
11
(c) either:
12
(i) the amount of the payment exceeds the amount (if any)
13
to which the recipient was entitled; or
14
(ii) the Commonwealth's costs of providing the goods,
15
services or facilities exceed what they would have been
16
if the goods, services or facilities (if any) to which the
17
recipient was entitled had instead been provided; and
18
(d) the excess was not attributable, to any extent, to
19
administrative error within the Department.
20
Loading payable as a penalty for the contravention of section 7A
21
(2) If:
22
(a) the claimant contravenes section 7A in relation to a travel
23
benefit; and
24
(b) the claimant has either:
25
(i) not previously contravened that section in relation to a
26
travel benefit; or
27
(ii) previously contravened that section in relation to a
28
travel benefit once in the preceding 12 month period;
29
the claimant is liable to pay the Commonwealth, by way of penalty
30
for the contravention, an amount equal to 200% of the amount to
31
which this section applies.
32
(3) If:
33
Schedule 1 Amendments
Part 1 Travel entitlements reporting
8
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
No. , 2015
(a) the claimant contravenes section 7A in relation to a travel
1
benefit; and
2
(b) the claimant has previously contravened that section in
3
relation to a travel benefit more than twice in the preceding
4
12 month period;
5
the claimant is liable to pay the Commonwealth, by way of penalty
6
for the contravention, an amount equal to 400% of the amount to
7
which this section applies.
8
(4) The amount of the penalty:
9
(a) is a debt due to the Commonwealth by the claimant; and
10
(b) may be recovered by action in a court of competent
11
jurisdiction.
12
7C Department must publish details of penalties paid under
13
section 7B
14
(1) The Department must, as soon as practicable after the end of each
15
quarter, prepare and publish on the Department's website a report
16
on any penalties paid under section 7B during the quarter.
17
(2) The report must include:
18
(a) the number and value of any penalties paid during the
19
quarter; and
20
(b) the claimant who paid the penalties.
21
7D Reports on contraventions of section 7A
22
(1) The Secretary of the Department must, as soon as practicable after
23
the end of each quarter, give the Commonwealth Ombudsman:
24
(a) a copy of the report prepared under section 7C for the
25
quarter; and
26
(b) a report on the circumstances of each contravention of
27
section 7A to which the report relates; and
28
(c) a report on the circumstances of any other contraventions, or
29
suspected contraventions of section 7A during the quarter.
30
(2) Without limiting paragraph (1)(b), the report must include any
31
matters specified in regulations made for the purposes of this
32
subsection.
33
Amendments Schedule 1
Travel entitlements reporting Part 1
No. , 2015
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
9
7E Commonwealth Ombudsman to give Minister assessment of
1
section 7A contraventions
2
(1) The Commonwealth Ombudsman must, as soon as practicable after
3
receiving a report under section 7D, give the Minister an
4
assessment of the circumstances of:
5
(a) each contravention of section 7A included in the report; and
6
(b) each suspected contravention of section 7A included in the
7
report.
8
(2) The assessment may include any recommendations the
9
Commonwealth Ombudsman considers appropriate.
10
(3) The Minister is not bound by any recommendations the
11
Commonwealth Ombudsman makes.
12
(4) The assessment must also include a statement, for the purpose of
13
tabling in Parliament, that sets out or paraphrases so much of the
14
content of the assessment as the Commonwealth Ombudsman
15
considers can be tabled without adversely affecting the privacy of
16
any person.
17
7F Minister to table statement from Commonwealth Ombudsman
18
The Minister must cause the statement included in an assessment
19
as mentioned in subsection 7E(4) to be laid before each House of
20
the Parliament within 15 sitting days of that House after the
21
Minister receives the assessment.
22
7G Application of Ombudsman Act 1976
23
(1) Subject to sections 7D to 7F, the Ombudsman Act 1976 applies in
24
relation to the Commonwealth Ombudsman's preparation of an
25
assessment under section 7E (including his or her consideration of
26
the report under section 7D to which the assessment relates), as if
27
the preparation of that assessment were an investigation under that
28
Act.
29
(2) The Commonwealth Ombudsman's functions include the functions
30
conferred on the Commonwealth Ombudsman by sections 7D to
31
7F.
32
Schedule 1 Amendments
Part 2 Ombudsman scrutiny
10
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
No. , 2015
Part 2
--Ombudsman scrutiny
1
Ombudsman Act 1976
2
4 Subsection 3(1)
3
Insert:
4
Finance Department means the Department administered by the
5
Minister administering the Public Governance, Performance and
6
Accountability Act 2013.
7
5 Paragraph 5(2)(a)
8
Before "action", insert "subject to section 5B".
9
6 After section 5A
10
Insert:
11
5B Parliamentary entitlement functions of Ombudsman
12
(1) For the purposes of this Act, a claim that is made for a benefit
13
under the Parliamentary Entitlements Act 1990 is taken to be an
14
action that relates to a matter of administration.
15
(2) For the purposes of the application of this Act to the action:
16
(a) the claimant (within the meaning of the Parliamentary
17
Entitlements Act 1990) is taken to be a prescribed authority;
18
and
19
(b) the action is to be treated as if it were action taken by the
20
prescribed authority.
21
(3) It is immaterial whether the entitlement relates to a period that
22
occurred before or after the commencement of this section.
23
7 After section 15
24
Insert:
25
Amendments Schedule 1
Ombudsman scrutiny Part 2
No. , 2015
Parliamentary Expenses Amendment (Transparency and
Accountability) Bill 2015
11
15A Additional reporting obligations in relation to parliamentary
1
entitlement functions
2
(1) If:
3
(a) the Ombudsman has prepared a report under section 15 in
4
relation to a claim for a benefit under the Parliamentary
5
Entitlements Act 1990; and
6
(b) the report includes a recommendation in relation to a
7
claimant (within the meaning of that Act);
8
the Ombudsman must:
9
(c) give a copy of the report to the Finance Department; and
10
(d) publish the report on its website.
11
(2) The Ombudsman must not publish a report under subsection (1)
12
unless the claimant:
13
(a) has been given notice, in writing, that the report will be
14
published; and
15
(b) has been invited to make submissions on the content of the
16
report.
17