Commonwealth Numbered Regulations

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PARLIAMENTARY BUSINESS RESOURCES REGULATIONS 2017 (F2017L01512) - 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).

"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 daily allowance " has the meaning given by subsection 11(1).

"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 " , in relation to a senator, means the State or Territory represented by the senator.

"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 .

"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 Minister 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.

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

"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.

"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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