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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Parliamentary Entitlements Legislation
Amendment Bill 2017
No. , 2017
(Special Minister of State)
A Bill for an Act to amend the law relating to
benefits for members and former members of
Parliament, and for certain other persons, and for
related purposes
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
4
Compensation for acquisition of property ......................................... 2
Schedule 1--Amendments commencing on 14 May 2014
4
Part 1--Main amendments
4
Members of Parliament (Life Gold Pass) Act 2002
4
Part 2--Other amendments
16
Members of Parliament (Life Gold Pass) Act 2002
16
Part 3--Other provisions relating to the amendments
17
Schedule 2--Amendments commencing on the day after Royal
Assent
19
Parliamentary Entitlements Act 1990
19
Parliamentary Retirement Travel Act 2002
26
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
1
A Bill for an Act to amend the law relating to
1
benefits for members and former members of
2
Parliament, and for certain other persons, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Parliamentary Entitlements Legislation Amendment
7
Act 2017.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 4
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
14 May 2014.
14 May 2014
3. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
4 Compensation for acquisition of property
15
(1) If the operation of this Act would result in an acquisition of
16
property from a person otherwise than on just terms, the
17
Commonwealth is liable to pay a reasonable amount of
18
compensation to the person.
19
(2) If the Commonwealth and the person do not agree on the amount
20
of the compensation, the person may institute proceedings in the
21
Federal Court of Australia for the recovery from the
22
Commonwealth of such reasonable amount of compensation as the
23
court determines.
24
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
3
(3) In this section:
1
acquisition of property has the same meaning as in
2
paragraph 51(xxxi) of the Constitution.
3
just terms has the same meaning as in paragraph 51(xxxi) of the
4
Constitution.
5
Schedule 1 Amendments commencing on 14 May 2014
Part 1 Main amendments
4
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
Schedule 1--Amendments commencing on
1
14 May 2014
2
Part 1--Main amendments
3
Members of Parliament (Life Gold Pass) Act 2002
4
1 Title
5
Omit "about Life Gold Passes", substitute "about travel entitlements
6
for retired members of the Parliament".
7
2 Section 1
8
Omit "Members of Parliament (Life Gold Pass) Act 2002", substitute
9
"Parliamentary Retirement Travel Act 2002".
10
Note 1: This item amends the short title of the Act. If another amendment of the Act is
11
described by reference to the Act's previous short title, that other amendment has effect
12
after the commencement of this item as an amendment of the Act under its amended
13
short title (see section 10 of the Acts Interpretation Act 1901).
14
Note 2: Schedule 2 contains further amendments of the Act under its new short title.
15
3 Section 3
16
Repeal the section, substitute:
17
3 Simplified outline of this Act
18
•
On retirement from the Parliament a person may, if he or she
19
has satisfied the relevant qualifying period, become the holder
20
of a Parliamentary Retirement Travel Entitlement conferring
21
travel entitlements under this Act.
22
•
For former members who are not former Prime Ministers:
23
(a)
there are limits on when a person must have entered
24
Parliament, and when a person must have satisfied the
25
qualifying period and retired from the Parliament, in
26
order to become the holder of a Parliamentary
27
Retirement Travel Entitlement; and
28
(b)
a Parliamentary Retirement Travel Entitlement expires
29
after a limited period.
30
Amendments commencing on 14 May 2014 Schedule 1
Main amendments Part 1
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
5
•
This Act also confers some travel entitlements on the spouse
1
or de facto partner of a retired former Prime Minister.
2
•
Travel entitlements are limited to return trips that are within
3
Australia, and that comply with certain other requirements
4
(including that the travel be for the public benefit). There are
5
also limits on the number of trips to which a person is entitled.
6
•
If a superannuation order is made under the Crimes
7
(Superannuation Benefits) Act 1989 in relation to a person
8
convicted of a corruption offence, the person is disqualified
9
from travel entitlements under this Act and from severance
10
travel.
11
•
No person other than a retired former Prime Minister or the
12
spouse or de facto partner of a retired former Prime Minister
13
will have a Parliamentary Retirement Travel Entitlement after
14
the day section 1 of the Parliamentary Entitlements
15
Legislation Amendment Act 2017 commences.
16
4 After section 3
17
Insert:
18
3A Change of name of entitlement to travel
19
(1) From the commencement of this section, the name for what was
20
previously called a "Life Gold Pass" (the old name) is, by force of
21
this section, changed to a "Parliamentary Retirement Travel
22
Entitlement" (the new name).
23
(2) A reference in this Act to the new name includes (if the reference
24
relates to a time before the commencement of this section) a
25
reference to the old name.
26
5 Section 4 (definition of domestic return trip)
27
Repeal the definition, substitute:
28
domestic return trip means a return trip that:
29
(a) is wholly within Australia; and
30
(b) satisfies the purpose test specified in section 4AA; and
31
Schedule 1 Amendments commencing on 14 May 2014
Part 1 Main amendments
6
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
(c) is on a scheduled transport service or on a combination of
1
scheduled transport services.
2
Note:
See also sections 7 and 8.
3
6 Section 4
4
Insert:
5
end of a Parliament: a Parliament ends when the House of
6
Representatives is dissolved or expires.
7
7 Section 4 (definition of holder of a Life Gold Pass)
8
Repeal the definition.
9
8 Section 4
10
Insert:
11
holder of a Parliamentary Retirement Travel Entitlement means a
12
former member who, on retirement from the Parliament, was
13
qualified to hold a Parliamentary Retirement Travel Entitlement,
14
but does not include a former member who cannot be, or who has
15
ceased to be, a holder of a Parliamentary Retirement Travel
16
Entitlement because of section 4A, 4B or 4C.
17
Note:
A person who has retired from Parliament may be qualified to hold a
18
Parliamentary Retirement Travel Entitlement under a determination of
19
the Remuneration Tribunal (see section 30).
20
nominal expiry time for a Parliamentary Retirement Travel
21
Entitlement: see subsection 18(4).
22
Parliamentary Retirement Travel Entitlement: see section 3A.
23
senior office holder means:
24
(a) a Minister, other than the Prime Minister or a Parliamentary
25
Secretary; or
26
(b) the President of the Senate or the Speaker of the House of
27
Representatives; or
28
(c) the Leader of the Opposition in the House of Representatives.
29
9 After section 4
30
Insert:
31
Amendments commencing on 14 May 2014 Schedule 1
Main amendments Part 1
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
7
4AA The purpose test
1
A return trip by a person satisfies the purpose test if the person
2
undertakes the trip for a purpose that is for the public benefit, and
3
does not undertake the trip for a commercial purpose or a private
4
purpose.
5
10 Section 4A (heading)
6
Repeal the heading, substitute:
7
4A Closing the Parliamentary Retirement Travel Entitlement
8
scheme to new members, other than to members who
9
become Prime Minister
10
11 Before subsection 4A(1)
11
Insert:
12
(1A) Nothing in this section prevents a former member who has been
13
the Prime Minister from becoming a holder of a Parliamentary
14
Retirement Travel Entitlement.
15
12 After section 4A
16
Insert:
17
4B Other limitations on becoming a holder of a Parliamentary
18
Retirement Travel Entitlement
19
(1) A person who did not satisfy the relevant qualifying period before
20
14 May 2014 cannot become a holder of a Parliamentary
21
Retirement Travel Entitlement on retirement from the Parliament,
22
unless the person is the Prime Minister, or a former Prime
23
Minister, when he or she retires.
24
(2) A person who satisfied the relevant qualifying period before
25
14 May 2014 cannot become a holder of a Parliamentary
26
Retirement Travel Entitlement on retirement from the Parliament
27
on or after the day section 1 of the Parliamentary Entitlements
28
Legislation Amendment Act 2017 commences, unless the person is
29
the Prime Minister, or a former Prime Minister, when he or she
30
retires.
31
Schedule 1 Amendments commencing on 14 May 2014
Part 1 Main amendments
8
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
4C Expiry of Parliamentary Retirement Travel Entitlement (other
1
than for former Prime Ministers)
2
Parliamentary Retirement Travel Entitlement (other than for
3
former Prime Ministers) expires in accordance with this section
4
(1) If:
5
(a) a person is a holder of a Parliamentary Retirement Travel
6
Entitlement on 13 May 2014, or becomes a holder of a
7
Parliamentary Retirement Travel Entitlement after that day;
8
and
9
(b) the person is not a former Prime Minister;
10
the person's Parliamentary Retirement Travel Entitlement expires
11
in accordance with this section.
12
Effects of expiry
13
(2) The effects of expiry of a person's Parliamentary Retirement
14
Travel Entitlement are as follows:
15
(a) the person ceases, on the expiry of the Entitlement, to be a
16
holder of a Parliamentary Retirement Travel Entitlement;
17
(b) subject to subsection (3), the person can never again become
18
entitled to, or be a holder of, a Parliamentary Retirement
19
Travel Entitlement;
20
(c) the expiry of the Parliamentary Retirement Travel
21
Entitlement does not affect an entitlement under this Act in
22
respect of a return trip that a person has taken, or started to
23
take, before the expiry of the Entitlement.
24
(3) Paragraph (2)(b) does not apply to a person who later becomes the
25
Prime Minister.
26
Certain Parliamentary Retirement Travel Entitlements expire at
27
the end of 13 May 2014
28
(4) If:
29
(a) on retirement from the Parliament before 14 May 2008, a
30
person became a holder of a Parliamentary Retirement Travel
31
Entitlement; and
32
(b) the person is a former senior office holder but is not a former
33
Prime Minister;
34
Amendments commencing on 14 May 2014 Schedule 1
Main amendments Part 1
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
9
the person's Parliamentary Retirement Travel Entitlement expires
1
at the end of 13 May 2014.
2
(5) If:
3
(a) on retirement from the Parliament before 14 May 2011, a
4
person became a holder of a Parliamentary Retirement Travel
5
Entitlement; and
6
(b) the person is not a former Prime Minister or a former senior
7
office holder;
8
the person's Parliamentary Retirement Travel Entitlement expires
9
at the end of 13 May 2014.
10
Expiry of other Parliamentary Retirement Travel Entitlements
11
(6) If:
12
(a) on retirement from the Parliament on or after 14 May 2008, a
13
person became or becomes a holder of a Parliamentary
14
Retirement Travel Entitlement; and
15
(b) the person is a former senior office holder but is not a former
16
Prime Minister;
17
the person's Parliamentary Retirement Travel Entitlement expires
18
(subject to subsection (8)) at the earliest of the following:
19
(c) the end of 72 months starting on the date of the retirement;
20
(d) the second end of a Parliament to occur after:
21
(i) the date of the retirement (unless subparagraph (ii)
22
applies); or
23
(ii) if the retirement occurs during a Parliament (the current
24
Parliament)--the end of the current Parliament;
25
(e) the day section 1 of the Parliamentary Entitlements
26
Legislation Amendment Act 2017 commences.
27
(7) If:
28
(a) on retirement from the Parliament on or after 14 May 2011, a
29
person became or becomes a holder of a Parliamentary
30
Retirement Travel Entitlement; and
31
(b) the person is not a former Prime Minister or a former senior
32
office holder;
33
the person's Parliamentary Retirement Travel Entitlement expires
34
(subject to subsection (8)) at the earliest of the following:
35
(c) the end of 36 months starting on the date of the retirement;
36
Schedule 1 Amendments commencing on 14 May 2014
Part 1 Main amendments
10
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
(d) the next end of a Parliament to occur after:
1
(i) the date of the retirement (unless subparagraph (ii)
2
applies); or
3
(ii) if the retirement occurs during a Parliament (the current
4
Parliament)--the end of the current Parliament;
5
(e) the day section 1 of the Parliamentary Entitlements
6
Legislation Amendment Act 2017 commences.
7
(8) If, under subsection (6) or (7), a Parliamentary Retirement Travel
8
Entitlement would (but for this subsection) expire at a time before
9
the end of 13 May 2014, the Parliamentary Retirement Travel
10
Entitlement is instead taken to expire under that subsection at the
11
end of that day.
12
13 Subsections 9(2), (3) and (4)
13
Omit "former member" (wherever occurring), substitute "former Prime
14
Minister".
15
14 At the end of subsections 9A(1) and 9B(1)
16
Add:
17
Note:
Spouse or de facto partner entitlements under this Act are limited to a
18
spouse or de facto partner of a retired former Prime Minister.
19
15 Subsection 10(1) (table item
1, column headed "is entitled
20
to...")
21
Omit "40", substitute "30".
22
16 Subsection 10(1) (table item
2, column headed "is entitled
23
to...")
24
Omit "40", substitute "20".
25
17 Subsection 10(3)
26
Omit "trip is not for the purpose of", substitute "spouse
27
or de facto partner is not".
28
18 Subsection 11(2) (table items 1 to 5)
29
Repeal the items, substitute:
30
Amendments commencing on 14 May 2014 Schedule 1
Main amendments Part 1
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
11
1
a former member who is the holder of a
Parliamentary Retirement Travel
Entitlement and who is a former senior
office holder
a maximum of 10 domestic
return trips per year.
2
a former member who is the holder of a
Parliamentary Retirement Travel
Entitlement and who is not a former
senior office holder
a maximum of 5 domestic return
trips per year.
19 Part 4
1
Repeal the Part.
2
20 Section 13
3
Omit:
4
(b)
a pro-rata adjustment where a person becomes the
5
spouse or de facto partner of a former member or
6
member during a year;
7
(c)
a pro-rata adjustment where, during a year, a member
8
satisfies the relevant qualifying period for the issue of a
9
Life Gold Pass.
10
substitute:
11
(b)
a pro-rata adjustment where a person becomes the
12
spouse or de facto partner of a retired former Prime
13
Minister during a year;
14
(c)
a pro-rata adjustment where the maximum term of a
15
Parliamentary Retirement Travel Entitlement under
16
subsection 4C(6) or (7) will end during a year.
17
21 Before subsection 14(1)
18
Insert:
19
Adjustments if member retires, or former Prime Minister
20
nominates spouse or de facto partner, during a year
21
22 Subsection 14(1) (table item
1, column headed "For the
22
purposes of the application of...")
23
Omit "item 1 of a table in Part 2 or 3", substitute "item 1 of a table in
24
Part 2 or item 1 or 2 of a table in Part 3".
25
Schedule 1 Amendments commencing on 14 May 2014
Part 1 Main amendments
12
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
23 Subsection 14(1) (table item
2, column headed "For the
1
purposes of the application of...")
2
Omit "Part 2 or 3", substitute "Part 2".
3
24 Subsection 14(1) (table item 2)
4
Omit "former member" (wherever occurring), substitute "former Prime
5
Minister".
6
25 Subsection 14(1) (table item 3)
7
Repeal the item.
8
26 Subsection 14(2)
9
Repeal the subsection, substitute:
10
Pro-rating of entitlement
11
(2) The number of domestic return trips for the purposes of the table in
12
subsection (1) is:
13
(a) for table item 1--the number of trips worked out using the
14
formula in subsection (2A); or
15
(b) for table item 2--the lower of the number of trips worked out
16
using that formula, and the difference between:
17
(i) the maximum number of trips specified in the relevant
18
item of the table in Part 2 for a spouse
19
or de facto partner of the retired former Prime Minister;
20
and
21
(ii) the number of trips (if any) already taken in the year by
22
a spouse or de facto partner of the retired former Prime
23
Minister previously nominated under section 9B.
24
27 At the end of section 14
25
Add:
26
Adjustments if maximum term of Parliamentary Retirement Travel
27
Entitlement under subsection 4C(6) or (7) will end during a year
28
(4) For the purposes of the application of item 1 or 2 of the table in
29
section 11 to a former member to whom subsection 4C(6) or (7)
30
applies, if the 72 or 36 months (the maximum term) specified in
31
paragraph (c) of that subsection will end during a year, the item has
32
Amendments commencing on 14 May 2014 Schedule 1
Main amendments Part 1
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
13
effect for that year as if the number of domestic return trips
1
specified in the item were the number worked out using the
2
formula:
3
Number of domestic
Number of days in the eligible period
return trips specified
365
in the item
ï‚´
4
where:
5
eligible period means the period:
6
(a) beginning at the start of that year; and
7
(b) ending at the end of the maximum term.
8
Note:
Under section 4C, a Parliamentary Retirement Travel Entitlement may
9
expire before the end of the maximum term. This subsection is not to
10
be taken to imply that there is an entitlement in respect of a return trip
11
that is started after the expiry of the Entitlement.
12
(5) A number worked out using the formula is to be rounded to the
13
nearest whole number that is greater than zero (rounding up in the
14
case exactly half-way between 2 whole numbers).
15
28 At the end of section 18
16
Add:
17
Interaction between items 1 and 2 of the table in subsection (2) and
18
the rules in section 4C about expiry of Parliamentary Retirement
19
Travel Entitlements
20
(3) If:
21
(a) item 2 of the table in subsection (2) applies (whether or not
22
item 1 also applies); and
23
(b) the person is not a former Prime Minister;
24
then nothing in either of those items is to be taken to result in the
25
person resuming being the holder of a Parliamentary Retirement
26
Travel Entitlement, or in requiring a Parliamentary Retirement
27
Travel Entitlement to be restored to the person, on the revocation
28
of the order if the revocation takes effect after the nominal expiry
29
time for the Parliamentary Retirement Travel Entitlement that the
30
person held when the order was made.
31
Schedule 1 Amendments commencing on 14 May 2014
Part 1 Main amendments
14
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
Meaning of nominal expiry time
1
(4) The nominal expiry time for a Parliamentary Retirement Travel
2
Entitlement is the time specified in section 4C for the expiry of the
3
Entitlement.
4
29 Paragraph 21(a)
5
Omit "of a former member,", substitute "of a former Prime Minister".
6
30 Section 22 (heading)
7
Repeal the heading, substitute:
8
22 Stop-over by spouse or de facto partner of retired former Prime
9
Minister
10
31 Paragraphs 22(f) and (g)
11
Repeal the paragraphs, substitute:
12
(f) if the return trip was accompanying or joining the former
13
Prime Minister--accompanying or joining the former Prime
14
Minister; and
15
(g) if the return trip was not accompanying or joining the former
16
Prime Minister--not accompanying or joining the former
17
Prime Minister.
18
32 Sections 23 and 24
19
Repeal the sections.
20
33 Subsection 28(2)
21
Omit "former member", substitute "retired former Prime Minister".
22
34 At the end of subsection 29(1)
23
Add:
24
Note:
Spouse or de facto partner entitlements under this Act are limited to a
25
spouse or de facto partner of a retired former Prime Minister.
26
35 Section 34
27
Repeal the section.
28
Amendments commencing on 14 May 2014 Schedule 1
Main amendments Part 1
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
15
36 Schedule 1
1
Repeal the Schedule.
2
Schedule 1 Amendments commencing on 14 May 2014
Part 2 Other amendments
16
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
Part 2--Other amendments
1
Members of Parliament (Life Gold Pass) Act 2002
2
37 The whole of the Act (other than section 3A)
3
Omit every occurrence of "Life Gold Pass", substitute "Parliamentary
4
Retirement Travel Entitlement".
5
Amendments commencing on 14 May 2014 Schedule 1
Other provisions relating to the amendments Part 3
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
17
Part 3--Other provisions relating to the amendments
1
38 Definitions
2
In this Part:
3
amended Act means the Parliamentary Retirement Travel Act 2002 as
4
in force after the commencement time.
5
commencement time means the start of 14 May 2014.
6
instrument means:
7
(a) regulations or another instrument made under an Act
8
(including a determination of the Remuneration Tribunal); or
9
(b) an instrument made under the executive power of the
10
Commonwealth.
11
new travel entitlement name: see the definition of travel entitlement.
12
old Act means the Parliamentary Retirement Travel Act 2002 as in
13
force before the commencement time.
14
Note:
The short title of that Act, as so in force, was the Members of Parliament (Life Gold
15
Pass Act) 2002.
16
old travel entitlement name: see the definition of travel entitlement.
17
travel entitlement means what was, before the commencement time,
18
called a Life Gold Pass (the old travel entitlement name) and is, from
19
the commencement time, called a Parliamentary Retirement Travel
20
Entitlement (the new travel entitlement name).
21
39 Application of amendments
22
(1)
Subject to this item, the amendments made by this Schedule apply in
23
relation to domestic return trips undertaken after the commencement
24
time.
25
(2)
The amendments made by this Schedule do not affect entitlements in
26
respect of return trips that a person has taken, or started to take, under
27
the old Act before the commencement time. However, those return trips
28
are to be counted towards any applicable limit in respect of a year under
29
the amended Act.
30
Note:
For example, if, in the period starting on 1 July 2013 and ending immediately before the
31
commencement time, a person has already taken a number of return trips under the old
32
Act that exceeds an applicable limit, under the amended Act, for the year starting on
33
1 July 2013, the person's entitlement to those trips is not affected, but the person is not
34
entitled to any more trips in the remainder of that year.
35
Schedule 1 Amendments commencing on 14 May 2014
Part 3 Other provisions relating to the amendments
18
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
(3)
If:
1
(a) in the period starting on the commencement time and ending
2
immediately before the day after this Act receives the Royal
3
Assent, a person takes, or starts to take, a return trip; and
4
(b) the return trip would (if the amendments made by this
5
Schedule had not been made) be in accordance with an
6
entitlement under item 1 or 2 of the table in subsection 12(2)
7
of the old Act;
8
then that trip is taken, for the purpose of the amended Act, to be in
9
accordance with an entitlement under the amended Act.
10
(4)
To avoid doubt, the amendments made by this Schedule apply
11
according to their terms (and in accordance with this item), including in
12
relation to a person who, before 14 May 2014:
13
(a) was (or would, but for section 17 of the old Act, have been) a
14
holder of a travel entitlement; or
15
(b) satisfied (or would, but for that section, have satisfied) the
16
relevant qualifying period; or
17
(c) was the spouse or de facto partner, or the surviving spouse
18
or de facto partner, of a person to whom paragraph (a) or (b)
19
applies.
20
40 Continuing the rule that transitional period entitlements
21
cannot be carried over
22
If a person had entitlements, under the old Act, in relation to the
23
transitional period (within the meaning of Schedule 1 to that Act), an
24
unused entitlement cannot be carried forward from the transitional
25
period to a year.
26
41 References in regulations and other instruments
27
From the commencement time, a reference in an instrument to the old
28
travel entitlement name is taken to be a reference to the new travel
29
entitlement name.
30
Amendments commencing on the day after Royal Assent Schedule 2
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
19
Schedule 2--Amendments commencing on
1
the day after Royal Assent
2
3
Parliamentary Entitlements Act 1990
4
1 Section 3
5
Insert:
6
claim means a claim or request for a benefit that is made to the
7
Commonwealth.
8
2 Section 3 (subparagraph (b)(i) of the definition of
9
dependent child)
10
Omit "25", substitute "18".
11
3 Application of amendment made by item 2
12
The amendment made by item 2 applies to travel undertaken after the
13
commencement of that item.
14
4 Section 3
15
Insert:
16
prescribed travel benefit means a benefit covered by a
17
determination under section 10B.
18
provides goods, services or facilities: the Commonwealth provides
19
goods, services or facilities if:
20
(a) the Commonwealth itself provides the goods, services or
21
facilities; or
22
(b) the Commonwealth pays for the provision of the goods,
23
services or facilities by another person (whether or not
24
pursuant to an arrangement between the other person and the
25
Commonwealth).
26
Secretary means the Secretary of the Department.
27
5 Before section 4
28
Insert:
29
Schedule 2 Amendments commencing on the day after Royal Assent
20
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
Part 2--Benefits
1
Division 1--Provisions applying to benefits generally
2
6 After section 7
3
Insert:
4
7A Obligation not to make claims in excess of entitlement
5
(1) A person must not make a claim for a benefit that is in excess of
6
entitlement (whether wholly or partly).
7
Note:
If a person contravenes this section in relation to a claim for a
8
prescribed travel benefit, a penalty may apply: see section 10C.
9
(2) In determining whether a claim is made in contravention of
10
subsection (1), disregard section 10A.
11
(3) A contravention of subsection (1) in relation to a claim does not of
12
itself prevent the provision of a benefit pursuant to the claim.
13
Note:
A benefit that is in accordance with entitlement may be provided
14
pursuant to the claim. If a benefit in excess of entitlement is
15
purportedly provided, an amount will be recoverable under
16
section 10A.
17
7 After section 10
18
Insert:
19
10A Recoverable payments
20
Purported benefits consisting of payments of amounts of money
21
(1) If, apart from this subsection and paragraph 11(b), the
22
Commonwealth does not have power under this Act to make a
23
payment of an amount purportedly by way of benefit to a person
24
(the recipient), then:
25
(a) the Commonwealth has the power to make the payment; and
26
(b) for the purpose of section 11, the payment is taken to be a
27
payment of benefits; and
28
(c) the amount of the payment:
29
(i) is a debt due to the Commonwealth by the recipient; and
30
Amendments commencing on the day after Royal Assent Schedule 2
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
21
(ii) may be recovered by action in a court of competent
1
jurisdiction.
2
Note:
If the purported benefit is a prescribed travel benefit, a loading may
3
also apply: see Division 2.
4
Purported benefits consisting of goods, services or facilities
5
(2) If, apart from this subsection and paragraph 11(b), the
6
Commonwealth does not have power under this Act to provide
7
goods, services or facilities purportedly by way of benefit to a
8
person (the recipient), then:
9
(a) the Commonwealth has the power to provide the goods,
10
services or facilities; and
11
(b) for the purpose of section 11, a payment by the
12
Commonwealth of the costs of providing the goods, services
13
or facilities is taken to be a payment of costs of benefits; and
14
(c) the amount of such a payment:
15
(i) is a debt due to the Commonwealth by the recipient; and
16
(ii) may be recovered by action in a court of competent
17
jurisdiction.
18
Note:
If the purported benefit is a prescribed travel benefit, a loading may
19
also apply: see Division 2.
20
(3) The reference in subsection (2) to the Commonwealth not having
21
power to provide goods, services or facilities purportedly by way
22
of benefit includes a reference to the Commonwealth only having
23
power to provide lower-cost goods, services or facilities. In this
24
situation, paragraph (2)(c) applies to the amount by which the
25
payment of costs exceeds what it would have been if the lower-cost
26
goods, services or facilities had instead been provided.
27
Alternative method of recovery: reduction of future benefits
28
(4) If:
29
(a) an amount is recoverable as a debt under paragraph (1)(c) or
30
(2)(c) from the recipient; and
31
(b) an amount is payable to the recipient by way of benefit;
32
then:
33
(c) the debt; or
34
(d) such part of the debt as the Secretary determines;
35
Schedule 2 Amendments commencing on the day after Royal Assent
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Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
may, if the Secretary so directs, be recovered by deduction from
1
the amount referred to in paragraph (b) of this subsection.
2
(5) The Secretary is required to consult the recipient before directing
3
that the debt, or part of the debt, be recovered as mentioned in
4
subsection (4).
5
How this section applies to entitlements that relate to activities of
6
another person (otherwise than as a member of staff)
7
(6) For the purpose of this section, if:
8
(a) a payment is made, or goods, services or facilities are
9
provided, purportedly in respect of an entitlement of a person
10
(the first person) to a benefit under this Act; and
11
(b) the purported benefit relates to activities of another person,
12
other than activities as a member of staff of the first person;
13
then the payment, or the provision of goods, services or facilities,
14
constitutes a payment or provision that is purportedly by way of
15
benefit to the first person (rather than the other person).
16
Note:
For example, if a benefit relates to travel of the first person's spouse,
17
any debt under this section in relation to the purported provision of
18
such a benefit is recoverable from the first person (rather than the
19
spouse).
20
Division 2--Provisions applying to prescribed travel
21
benefits
22
10B Prescribed travel benefits
23
(1) The Minister may, by legislative instrument, determine that a
24
specified benefit in respect of travel is a prescribed travel benefit.
25
(2) A benefit may be specified by reference to a determination of the
26
Remuneration Tribunal as in force at a particular time, or as in
27
force from time to time.
28
Note:
This subsection is not intended to be an exhaustive statement of the
29
ways in which a benefit could be specified.
30
Amendments commencing on the day after Royal Assent Schedule 2
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Parliamentary Entitlements Legislation Amendment Bill 2017
23
10C Loading in respect of contraventions of section 7A
1
When this section applies
2
(1) This section applies if:
3
(a) a person (the recipient) makes a claim for a prescribed travel
4
benefit in contravention of section 7A; and
5
(b) the Commonwealth pays an amount, or provides goods,
6
services or facilities, purportedly by way of prescribed travel
7
benefit, pursuant to the claim; and
8
(c) either:
9
(i) the amount of the payment exceeds the amount (if any)
10
to which the recipient was entitled; or
11
(ii) the Commonwealth's costs of providing the goods,
12
services or facilities exceed what they would have been
13
if the goods, services or facilities (if any) to which the
14
recipient was entitled had instead been provided; and
15
(d) the excess was not attributable, to any extent, to
16
administrative error within the Department.
17
(2) In determining the amount of the payment, or the goods, services
18
or facilities, to which the recipient was entitled, disregard
19
section 10A.
20
Excess to be reduced by any repayment made to Commonwealth
21
within 28 days of claim
22
(3) This section applies to the amount of the excess referred to in
23
subparagraph (1)(c)(i) or (ii), reduced by any part of that excess
24
that is repaid to the Commonwealth, by or on behalf of the
25
recipient, before the end of 28 days after the day the claim was
26
made.
27
Note:
If the whole of the excess is repaid within the 28 day period, then
28
there is no amount to which this section applies.
29
Loading payable as a penalty for the contravention of section 7A
30
(4) The recipient is liable to pay the Commonwealth, by way of
31
penalty for the contravention of section 7A, an amount equal to
32
25% of the amount to which this section applies.
33
(5) The amount of the penalty:
34
Schedule 2 Amendments commencing on the day after Royal Assent
24
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
(a) is a debt due to the Commonwealth by the recipient; and
1
(b) may be recovered by action in a court of competent
2
jurisdiction.
3
Alternative method of recovery: reduction of future benefits
4
(6) If:
5
(a) an amount is recoverable as a debt under subsection (5) from
6
the recipient; and
7
(b) an amount is payable to the recipient by way of benefit;
8
then:
9
(c) the amount of the debt; or
10
(d) such part of the debt as the Secretary determines;
11
may, if the Secretary so directs, be recovered by deduction from
12
the amount referred to in paragraph (b) of this subsection.
13
(7) The Secretary is required to consult the recipient before directing
14
that the debt, or part of the debt, be recovered as mentioned in
15
subsection (6).
16
10D Loading in respect of voluntary repayments
17
When this section applies
18
(1) This section applies if:
19
(a) the Commonwealth pays an amount, or provides goods,
20
services or facilities, purportedly by way of prescribed travel
21
benefit, to a person (the recipient) pursuant to a claim; and
22
(b) the recipient, or a person acting on behalf of the recipient,
23
makes a repayment to the Commonwealth of some or all of
24
the payment, or the cost of providing the goods, services or
25
facilities; and
26
(c) the repayment is made more than 28 days after the day the
27
claim was made; and
28
(d) the repayment is not of an amount attributable, to any extent,
29
to administrative error within the Department; and
30
(e) section 10C does not apply.
31
Reduction of future benefits
32
(2) If an amount is payable to the recipient by way of benefit, then:
33
Amendments commencing on the day after Royal Assent Schedule 2
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
25
(a) an amount (the loading amount) equal to 25% of the
1
repayment; or
2
(b) such part of the loading amount as the Secretary determines;
3
may, if the Secretary so directs, be deducted from the amount that
4
is so payable to the recipient.
5
(3) The Secretary is required to consult the recipient before directing
6
that the loading amount, or part of the loading amount, be deducted
7
as mentioned in subsection (2).
8
Effect of voluntary payment of loading amount
9
(4) If an amount is paid to the Commonwealth, by or on behalf of the
10
recipient, in respect of the loading amount, the total amount that
11
may be deducted under subsection (2) is reduced by the amount of
12
the payment.
13
8 Section 11
14
Repeal the section, substitute:
15
Part 3--Miscellaneous
16
17
11 Appropriation
18
The Consolidated Revenue Fund is appropriated for the purposes
19
of:
20
(a) making payments of benefits or of costs of benefits; and
21
(b) making other payments in the course of the administration of
22
this Act.
23
11A Delegation
24
(1) The Secretary may, by writing, delegate all or any of his or her
25
powers under this Act to an SES employee, or an acting SES
26
employee, in the Department.
27
(2) In exercising powers under a delegation, the delegate must comply
28
with any directions of the Secretary.
29
Schedule 2 Amendments commencing on the day after Royal Assent
26
Parliamentary Entitlements Legislation Amendment Bill 2017
No. , 2017
Parliamentary Retirement Travel Act 2002
1
9 Section 31
2
Repeal the section, substitute:
3
30A Recoverable payments
4
(1) If, apart from this subsection and paragraph 31(b), the
5
Commonwealth does not have power under this Act to make a
6
payment of an amount purportedly by way of an entitlement of a
7
person (the recipient) to travel at Commonwealth expense, then:
8
(a) the Commonwealth has the power to make the payment; and
9
(b) for the purpose of section 31, the payment is taken to be a
10
payment of costs of travel under this Act; and
11
(c) the amount of the payment:
12
(i) is a debt due to the Commonwealth by the recipient; and
13
(ii) may be recovered by action in a court of competent
14
jurisdiction.
15
(2) The reference in subsection (1) to the Commonwealth not having
16
power to make a payment of an amount purportedly by way of an
17
entitlement of a person to travel at Commonwealth expense
18
includes a reference to the Commonwealth only having power to
19
make a payment for lower-cost travel. In this situation,
20
paragraph (1)(c) applies to the amount by which the payment of
21
costs exceeds what it would have been if the lower-cost travel had
22
instead been undertaken.
23
Interaction with debt recovery regime in section 33
24
(3) If an amount is recovered under subsection 33(2), the amount
25
cannot be recovered under paragraph (1)(c) of this section.
26
(4) If an amount is recovered under paragraph (1)(c), the amount
27
cannot be recovered under subsection 33(2).
28
31 Appropriation
29
The Consolidated Revenue Fund is appropriated for the purposes
30
of:
31
(a) making payments of the costs of travel under this Act; and
32
Amendments commencing on the day after Royal Assent Schedule 2
No. , 2017
Parliamentary Entitlements Legislation Amendment Bill 2017
27
(b) making other payments in the course of the administration of
1
this Act.
2