Commonwealth Consolidated Regulations

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PARLIAMENTARY BUSINESS RESOURCES REGULATIONS 2017 - REG 4

Definitions

Note:   A number of expressions used in this instrument are defined in the Act, including the following:

(a)   member;

(b)   parliamentary business;

(c)   travel expenses.

    In this instrument:

"accompanies" has a meaning affected by subsection   7(2).

"Act" means the Parliamentary Business Resources Act 2017 .

"Administrator" , in relation to particular public resources, means the resources provider who provides the public resources or arranges for the public resources to be provided.

"amount" includes a nil amount.

"applicant" , for the purposes of Division   2 of Part   5 (legal assistance to Ministers), has the meaning given by section   81.

"approving Minister" , for the purposes of Division   2 of Part   5 (legal assistance to Ministers), has the meaning given by section   83.

"Australia" has the meaning given by the Acts Interpretation Act 1901 .

Note:   When used in a geographical sense, Australia includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory: see the definition of Australia in section   2B of the Acts Interpretation Act 1901 .

"Australian travel allowance" has the meaning given by subsection   10(1).

"Canberra" means any location within a 30km radius of Parliament House.

"Canberra-based self-drive vehicle" has the meaning given by paragraph   63A(a).

"chartered transport" :

  (a)   means an unscheduled commercial transport service that includes a driver or pilot; and

  (b)   to avoid doubt, includes the following:

  (i)   a taxi;

  (ii)   a regulated ride sharing service;

  (iii)   any other commercial car service that includes a driver.

"commercial transport" means scheduled commercial transport or unscheduled commercial transport.

"Commonwealth transport" means a transport service operated by the Commonwealth.

"Commonwealth transport determination" means a determination by the Minister under subsection   33(1) of the Act that determines Commonwealth transport as a public resource to be provided.

Note:   Commonwealth transport is prescribed under section   62 and section   63 deals with the use of Commonwealth transport.

"compliance information" has the meaning given by subsection   98(7).

"designated person" , in relation to a member, means an individual nominated by the member for the purposes of this definition who:

  (a)   is a member of the member's immediate or extended family; or

  (b)   is substantially dependent on the member; or

  (c)   has significant caring responsibilities for:

  (i)   the member's spouse or nominee, or dependent child; or

  (ii)   another person who is substantially dependent on the member.

"dominant purpose test" means the requirements set out in subsections   26(1), (3) and (4) of the Act.

"driver" means a person who is accredited (however described) to provide the relevant driving services on a commercial basis in the places concerned.

"election period" has the meaning given by subsection   75(4).

"electorate" :

  (a)   in relation to a senator, means the State or Territory represented by the senator; or

  (b)   when used in a geographical sense in relation to a member of the House of Representatives, means the area that constituted the member's electorate at the end of the most recent election period.

"electorate office" has the meaning given by section   72.

"family member" of a member means any of the following:

  (a)   the member's spouse or nominee;

  (b)   a dependent child of the member;

  (c)   a designated person in relation to the member.

Note 1:   For spouse and dependent child , see section   5 of the Act.

Note 2:   Nominee and designated person are defined in this section.

"family member private vehicle allowance" has the meaning given by subsection   27(1).

"family reunion purposes" , in relation to travel, has the meaning given by section   6.

"fare" (including an airfare) includes any taxes, booking fees and other costs that are usually associated with travel on the fare.

"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .

"fortnightly amount of base salary" means the amount worked out in accordance with section   95B.

"fortnightly amount of electorate allowance" means the amount worked out in accordance with section   95C.

"fortnightly amount of office holder's salary" means the amount worked out in accordance with section   95D.

"fortnightly amount of vehicle allowance" means the amount worked out in accordance with section   95E.

"general election" means a general election of the members of the House of Representatives.

"hired vehicle" means a vehicle that is hired without a driver (whether or not a relief driver is engaged separately to drive the vehicle).

"home base" :

  (a)   for the Prime Minister--means any of the following:

  (i)   an official residence of the Prime Minister (or another residence provided by the Commonwealth for the Prime Minister);

  (ii)   the residence nominated to IPEA by the Prime inister as the Prime Minister's principal private place of residence; or

  (b)   for another member--means the member's principal place of residence as nominated to IPEA by the member; or

  (c)   for a family member of a member--means the family member's principal place of residence as nominated to IPEA by the member.

"home base airport" , for a person for a journey, means the airport nearest the person's home base from which the person can use scheduled commercial transport to travel by air for the journey.

"international travel" :

  (a)   means:

  (i)   travel to or from Australia and places outside Australia; or

  (ii)   travel between places outside Australia; and

  (b)   includes time spent in places outside Australia.

"international travel allowance" means:

  (a)   an international travel equipment allowance; or

  (b)   an international travel incidentals allowance; or

  (c)   an international travel meal allowance.

"international travel equipment allowance" has the meaning given by subsection   60(1).

"international travel expenses" has the meaning given by section   35.

"international travel incidentals allowance" has the meaning given by subsection   59(1).

"international travel meal allowance" has the meaning given by subsection   61(1).

"member's private vehicle allowance" has the meaning given by subsection   12(1).

"ministerial duties" , for the purposes of Division   2 of Part   5 (legal assistance to Ministers), has the meaning given by section   81.

"minority party" means a party that:

  (a)   is not part of the Government or the Opposition; and

  (b)   has at least 5 members in the Parliament.

"nominee" , in relation to a member, means a person nominated by the member in place of a spouse.

Note:   A member can have a nominee for the purposes of some provisions of Division   2 of Part   2 (travel within Australia for family members).

"office expenses" has the meaning given by subsection   66(1).

"pilot" means a person who is accredited (however described) to provide the relevant piloting services on a commercial basis in the places concerned.

"private plated vehicle" means a private plated vehicle provided as part of a member's remuneration under section   14 of the Act.

"private vehicle" in relation to a member, or a family member of a member:

  (a)   includes any vehicle owned by the member or a family member of the member; and

  (b)   to avoid doubt, does not include a private plated vehicle or a Canberra - based self - drive vehicle.

"proceedings" , for the purposes of Division   2 of Part   5 (legal assistance to Ministers), has the meaning given by section   81.

"regional commercial radio broadcasting licence" has the same meaning as in section   61CA of the Broadcasting Services Act 1992 .

"regional community radio broadcasting licence" means a community radio broadcasting licence (within the meaning of the Broadcasting Services Act 1992 ) that has a regional licence area.

"regional licence area" has the same meaning as in section   61CA of the Broadcasting Services Act 1992 .

"scheduled commercial transport" means transport that is operated:

  (a)   on a commercial basis; and

  (b)   over a fixed route; and

  (c)   on a regular timetable or regularly on demand.

Note:   Some vehicular ferry services, for example, operate regularly on demand rather than on a regular timetable.

"senior office holder" means:

  (a)   the President of the Senate; or

  (b)   the Speaker of the House of Representatives; or

  (c)   a Minister; or

  (d)   the Leader or Deputy Leader of the Opposition in a House of the Parliament.

"senior office holder spouse private vehicle allowance" has the meaning given by subsection   28(1).

"staff member" means a person employed under the Members of Parliament (Staff) Act 1984 .

"subpoena" , for the purposes of Division   2 of Part   5 (legal assistance to Ministers), has the meaning given by section   81.

"transitional fortnight" means the fortnight beginning on 4   July 2024, including the period that is taken to be included in that fortnight because of subitem   23(2) of Schedule   4 to the Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Act 2024 .

Note:   The period beginning on 1   July 2024 and ending on 3   July 2024 is taken to be included in the transitional fortnight.

"transport costs" has the meaning given by section   5.

"transport costs undertaking" has the meaning given by subsection   32(2).

"travels with" has the meaning given by subsection   7(1).

"travel within Australia" includes travel outside Australia undertaken for the purposes of travelling between places within Australia.

"unscheduled commercial transport" means transport, other than scheduled commercial transport, that is operated on a commercial basis, and includes the following:

  (a)   hired vehicles;

  (b)   chartered transport.

Note:   Unscheduled commercial transport does not include Commonwealth transport.


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