EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 N0. 197

 

Issued by the Authority of the Special Minister of State

 

Parliamentary Entitlements Act 1990

 

Parliamentary Entitlements Amendment Regulations 2005 (No. 1)

 

The Parliamentary Entitlement Act 1990 (the Act) provides Senators and Members with a range of allowances, not covered by Remuneration Tribunal Determinations, including electorate office equipment and facilities, overseas delegation travel and personalised stationery and newsletters.

 

Section 12 of the Act provides in part that the Governor-General may make regulations for the purpose of paragraph 5(1)(b).  Paragraph 5(1)(b) of the Act provides that Members, Parliamentary office-holders and Ministers are entitled to such additional benefits as are prescribed by the regulations.

 

Regulation 3G of the Parliamentary Entitlements Regulations 1997 (the Principal Regulations) provides, as additional benefits to the Leader of the Opposition in the House of Representatives and the leader of a minority party, the cost of mobile telephone services for the use of personal staff.

 

The Amendment Regulations amend Regulation 3G of the Principal Regulations to add the Leader of The Nationals in the Senate to the list of persons entitled to the cost of mobile telephone services for the use of personal staff.

 

The Act specifies no conditions that need to be satisfied before the power to make the Amendment Regulations may be exercised.

 

The Amendment Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Legislative Instruments Act).

 

In relation to section 17 of the Legislative Instruments Act, consultation was not undertaken within the Australian Government in relation to the Amendment Regulations, as they are of a minor or machinery nature and do not substantially alter existing arrangements.  The Office of Regulation Review has advised that the preparation of a Regulation Impact Statement is not mandatory for the same reasons.

 

The Amendment Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

Authority:         Paragraph 5(1)(b) and

section 12 of the Parliamentary Entitlements Act 1990