Parliamentary Entitlements Amendment (Presiding Officer and Parliamentary Delegation Travel) Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 09 February 2017

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Scott Ryan

Special Minister of State

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Parliamentary Entitlements Regulations 1997

1  Name

  This instrument is the Parliamentary Entitlements Amendment (Presiding Officer and Parliamentary Delegation Travel) Regulations 2017.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Parliamentary Entitlements Act 1990.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Parliamentary Entitlements Regulations 1997

1  After Part 3

Insert:

Part 4—Transitional provisions

19  Definitions

  In this Part:

amending regulations means the Parliamentary Entitlements Amendment (Presiding Officer and Parliamentary Delegation Travel) Regulations 2017.

20  Overseas travel by a Parliamentary Delegation

 (1) Subject to subregulation (2), item [105B] of Schedule 1 applies in relation to travel on or after the commencement of the amending regulations.

 (2) Item [105B] of Schedule 1 does not apply in relation to travel approved by the Prime Minister before the commencement of the amending regulations.

21  Overseas travel by a Presiding Officer

 (1) The amendments of item [206] of Schedule 1 made by the amending regulations apply in relation to travel on or after the commencement of the amending regulations.

 (2) Subitems 2(2A) and (2B) of Part 2 of Schedule 1 to the Act as varied by these Regulations each have effect, in relation to the financial year beginning on 1 July 2016, as if the reference in that subitem to $250,000 were a reference to the amount equal to $125,000 reduced by the total amount of the benefits referred to in paragraphs (a) and (b) of that subitem for travel in the transitional period.

 (3) For the purposes of subregulation (2), the transitional period is the period starting on 1 January 2017 and ending on the day before the commencement of the amending regulations.

22  Repeal of this Part

  This Part is repealed at the start of 1 July 2017.

2  After item [105A] of Schedule 1

Insert:

[105B]  Subitem 9(1)

omit the first occurrence of

Prime Minister

substitute

Presiding Officers

3  Item [206] of Schedule 1 (subitem 2(1))

Omit “travelling on an itinerary approved by the Prime Minister”.

4  Item [206] of Schedule 1 (paragraph 2(1)(d))

Omit “, and the Prime Minister so approves”.

5  Item [206] of Schedule 1 (subitem 2(2))

Omit “Prime Minister”, substitute “Presiding Officer”.

6  Item [206] of Schedule 1 (after subitem 2(2))

Insert:

 (2A) If the total amount of the following benefits for travel in a financial year exceed $250,000:

 (a) benefits under this item for any President of the Senate or a member representing any President of the Senate;

 (b) benefits under item 3 for a spouse of any President of the Senate;

a President of the Senate or a member representing a President of the Senate is not entitled to further benefits under this item for travel in the financial year without the approval of the Prime Minister.

 (2B) If the total amount of the following benefits for travel in a financial year exceed $250,000:

 (a) benefits under this item for any Speaker of the House of Representatives or a member representing any Speaker of the House of Representatives;

 (b) benefits under item 3 for a spouse of any Speaker of the House of Representatives;

a Speaker of the House of Representatives or a member representing a Speaker of the House of Representatives is not entitled to further benefits under this item for travel in the financial year without the approval of the Prime Minister.

 (2C) If a Presiding Officer or a member representing a Presiding Officer requires approval for travel under subitem (2A) or (2B), the Presiding Officer or member must not be accompanied for the travel by a second staff member as referred to in paragraph (1)(d) without the approval of the Prime Minister.

 (2D) For the purposes of this item, travel on an itinerary that starts in a financial year and ends in the next financial year is taken to be travel in the first‑mentioned financial year.