EXPLANATORY STATEMENT

 

Select Legislative Instrument 2008 No. 228

 

Issued by the Authority of the Special Minister of State

 

Parliamentary Entitlements Act 1990

 

Parliamentary Entitlements Amendment Regulations 2008 (No. 2)

 

The Parliamentary Entitlements Act 1990 (the Act) provides Members of each House of Parliament with a range of benefits, 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 purposes of section 9 of the Act. Subsection 9(2) provides that a benefit set out in Schedule 1 to the Act may be varied or omitted by the regulations. Subsection 4(2) of the Act provides that Parliamentary office-holders and Ministers are entitled to benefits as set out in Part 2 of Schedule 1 to the Act.

Subitem 3(1), Part 2, Schedule 1 to the Act currently entitles a Senior Officer to be accompanied by his or her spouse when travelling overseas on official business. This entitlement includes the cost of the travel overseas, and the cost of emergency medical and hospital treatment overseas (if required), by the spouse.

Although Parliamentary Secretaries fall within the definition of ‘Senior Officer’ under the Act, item [209] of Schedule 1 to the Parliamentary Entitlements Regulations 1997 currently varies subitem 3(1) to specifically exclude the spouse of a Parliamentary Secretary.

The proposed Regulations would remove item [209] following a request from the Prime Minister that spouses of Parliamentary Secretaries be accorded the same overseas travel entitlements as the spouses of Ministers.

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments. The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Consultation

No consultation in relation to these Regulations was undertaken because they do not have a direct or significant indirect impact on business and do not restrict competition. Furthermore, the amendments are of a minor or machinery nature and do not substantially alter existing arrangements. The Office of Best Practice Regulation has advised that the preparation of a Regulation Impact Statement is not necessary.

Details of the Regulations

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Parliamentary Entitlements

Amendment Regulations 2008 (No. 2).

Regulation 2 – Commencement

This regulation provides for the Regulations to commence on the day after they are registered on the Federal Register of Legislative Instruments.

Regulation 3 – Amendment of the Parliamentary Entitlements Regulations 1997

This regulation provides that the Parliamentary Entitlements Regulations 1997 (the Principal Regulations) are amended as set out in Schedule 1.

Schedule 1 – Amendments

Item [1] removes the distinction between Ministers and Parliamentary Secretaries by omitting item [209] of Schedule 1 to the Principal Regulations, which currently operates to exclude Parliamentary Secretaries from the entitlement to be accompanied by their spouse on official overseas travel. The entitlement includes the cost of travel overseas by spouses and the cost of emergency medical and hospital treatment overseas (if required), when accompanying a Senior Officer travelling on official business.