(1) The Tribunal must make a Determination setting the value of the following salaries and allowances for Members—
(a) the basic salary;
(b) additional salaries;
(c) work-related parliamentary allowances;
(d) any other prescribed allowance;
(e) the Budget.
(2) A Determination may provide for the following—
(a) the additional salary for specified parliamentary office holders to vary according to—
(i) the office held; or
(ii) any other prescribed criteria;
(b) the additional salary for the purposes of paragraphs (n) and (o) of the definition of specified parliamentary office to vary according to the parliamentary committee of which the Member is Chairperson or Deputy Chairperson;
(c) a work-related parliamentary allowance to vary according to—
(i) the area of the electorate represented by the Member; or
(ii) the number of electors represented by the Member; or
(iii) the place at which a Member usually resides; or
(iv) any other prescribed criteria.
(3) When making a Determination, the Tribunal must—
(a) not set the basic salary at a rate that is higher than the basic salary for Members of the Parliament of the Commonwealth; and
(b) take into account the salary and allowances for, and the roles and responsibilities of, Members of the Parliaments of the Commonwealth, other States and the Territories; and
(c) take into account existing guidelines and rulings governing the use of work-related parliamentary allowances and the Budget, including any relevant rulings by the Australian Taxation Office; and
(d) ensure that individual Members
are
in an overall position that is no less favourable than the arrangements
that are in place before the making of the Determination, taking
into account the basic salary, additional salary, the Budget,
work-related parliamentary allowances and superannuation and
pension arrangements; and
(e) in setting the value of the electorate allowance, take into account that the purpose of the electorate allowance is for costs associated with Members providing services to their constituents.
Note
These costs include the additional costs incurred by a Member when providing services to their constituents in electorates with larger geographic areas.
(4) Without limiting the generality of subsection (2), a Determination, except the first Determination made under subsection (1) in relation to the value of the electorate allowance, may set the value of an allowance at zero.
(5) In addition to complying with subsection (3), the first Determination made under subsection (1) must—
(a) include a comprehensive review of the existing basic salary, additional salaries, work-related parliamentary allowances and other funding and superannuation and pension arrangements provided to Members; and
(b) set a portion of basic salary that is basic salary for the purposes of the definition of basic salary in section 10(1) of the Parliamentary Salaries and Superannuation Act 1968 (the basic salary portion ) at a value that is greater than $158 560; and
(c) provide for the annual indexation of the basic salary portion; and
(d) set the value of the electorate allowance at not less than $20 000; and
(e) provide for any other matter that the Tribunal considers relevant.
(6) The first Determination under subsection (1) takes effect on the day after the expiry of the period of 180 days from the day on which this Act receives the Royal Assent.
(7) The Tribunal must make a new Determination under subsection (1) within 6 months after the first sitting day of each subsequent Parliament which—
(a) includes a comprehensive review of the existing salaries, additional salaries, work-related parliamentary allowances and other funding and superannuation and pension arrangements provided to Members; and
(b) provides for any other matter that the Tribunal considers relevant.