Economic Inclusion Advisory Committee Regulations 2024

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 20 June 2024

David Hurley

Governor‑General

By His Excellency’s Command

Amanda Rishworth

Minister for Social Services

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

Part 2—Travel allowance for Committee members

Division 1—General provisions

5 Purpose of this Part

6 General principles for administering this Part

Division 2—Travel allowance for Committee members

7 Travel allowance for Committee members

8 Travel allowance—allowance for expenses of travel

9 Travel allowance—meals and accommodation allowance

10 Meals and accommodation allowance

11 Part payment of meals and accommodation allowance

12 Non‑commercial accommodation

13 Unavoidable higher accommodation cost

14 Additional meals

15 No double payment

Division 3—Delegation

16 Delegation by Secretary

Division 4—Rates of meals and accommodation allowance

17 Rates of meals and accommodation allowance—capital cities

18 Rates of meals and accommodation allowance—country centres

19 Meal and incidental components—high cost centres

20 Meal and incidental components—other country centres

21 Group 2 country centres

Part 1—Preliminary

1  Name

  This instrument is the Economic Inclusion Advisory Committee Regulations 2024.

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Note: This table relates only to the provisions of this instrument as originally made.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 Economic Inclusion Advisory Committee Act 2023.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Chair;

(b) Committee.

  In this instrument:

Act means the Economic Inclusion Advisory Committee Act 2023.

commercial accommodation means accommodation in a commercial establishment such as a hotel, motel or serviced apartment.

Committee member means a member of the Committee and includes the Chair.

home base, in relation to a Committee member, means the town or city in which the Committee member’s principal place of residence is located.

meals and accommodation allowance has the meaning given by subsection 9(1).

official travel for a Committee member means:

 (a) travel within Australia to attend a meeting of the Committee; or

 (b) other travel within Australia related to the function of the Committee.

Secretary means the Secretary of the Department administered by the Minister.

Table 1 means the table of rates of meals and accommodation allowance for travel to capital cities in section 17.

Table 2 means the table of rates of meals and accommodation allowance for travel to country centres in section 18.

Table 3 means the table of meal and incidental components of meals and accommodation allowance for high cost centres in section 19.

Table 4 means the table of meal and incidental components of meals and accommodation allowance for other country centres in section 20.

Table 5 means the table of group 2 country centres in section 21.

Part 2—Travel allowance for Committee members

Division 1—General provisions

5  Purpose of this Part

  For the purposes of subsection 14(2) of the Act, this Part prescribes allowances that a Committee member is to be paid by the Commonwealth.

6  General principles for administering this Part

 (1) This Part is intended to be administered in accordance with the principles in this section.

 (2) Committee members are not expected to gain or lose financially as a result of official travel.

 (3) Committee members must only incur expenses, or commit the Commonwealth to meet expenses, where funds are lawfully available to do so.

 (4) Travel may only be undertaken where its purpose is consistent with the duties of the Committee member.

 (5) When making travel arrangements, Committee members are to consider the following:

 (a) the necessity of travel and potential alternatives to travel, such as teleconferencing or videoconferencing;

 (b) the total cost of travel, including value for money;

 (c) any travel‑related administrative guidelines put in place by the Department;

 (d) the flexibility to maintain an appropriate balance between work and home responsibilities, as well as safety and security.

Division 2—Travel allowance for Committee members

7  Travel allowance for Committee members

 (1) A Committee member is entitled to be paid travel allowance for official travel in accordance with this Division.

 (2) Travel allowance under this Division is to be paid on the condition that:

 (a) the Committee member uses the Department’s travel‑related preferred provider arrangements where these exist; and

 (b) frequent flyer points accrued at the Commonwealth’s expense are not to be used for private purposes.

8  Travel allowance—allowance for expenses of travel

 (1) For official travel by air, a Committee member is entitled to travel in business class. However, the Committee member may choose to travel at a lower class if that would be more convenient or appropriate.

 (2) For official travel by a Committee member’s private motor vehicle, a Committee member is entitled to be paid travel allowance at the rate of 85 cents per kilometre.

 (3) For official travel by public transport, taxi or similar means, a Committee member is entitled to be paid travel allowance for the actual amount that is payable for the travel.

9  Travel allowance—meals and accommodation allowance

 (1) A Committee member who undertakes official travel which requires an overnight absence is entitled to be paid travel allowance (meals and accommodation allowance) for each night of absence for accommodation, meals and incidental expenses in accordance with this Division.

Day travel

 (2) No meals and accommodation allowance is payable under this section for official travel that does not require an overnight absence.

10  Meals and accommodation allowance

 (1) For each overnight absence on official travel for which the Committee member stays in commercial accommodation, the Committee member is to be paid meals and accommodation allowance, subject to this Division, at the rates in:

 (a) for travel to a capital city—Table 1; or

 (b) otherwise—Table 2.

Note: The rates in Tables 1 and 2 are intended to cover the costs of accommodation and meals, and incidental costs.

 (2) Subject to this Division, the rates in Table 1 or 2 are to be paid to the Committee member for each overnight absence regardless of the time of departure from, or arrival at, the home base.

11  Part payment of meals and accommodation allowance

 (1) If the cost of accommodation is met by an entity other than the Committee member, the amount of meals and accommodation allowance payable is the “Total” amount in Table 3 or 4.

 (2) If the cost of a meal or meals is met by an entity other than the Committee member, the amount of meals and accommodation allowance is to be reduced by the meal amount or amounts in Table 3 or 4.

12  Non‑commercial accommodation

  If the Committee member does not stay in commercial accommodation, but stays in accommodation such as the home of a family member or friend, a rate of one third of the specified meals and accommodation allowance is payable (rounded upwards to the nearest dollar).

13  Unavoidable higher accommodation cost

  If the Secretary certifies that the Committee member is required to obtain high cost accommodation, an additional payment may be made to the Committee member in accordance with the following:

 (a) the requirement must be due to the unavailability of accommodation of a reasonable standard at a locality, which would have avoided this additional payment;

 (b) the additional payment is to be based on the excess cost of accommodation over the meals and accommodation allowance rate (after deducting the relevant “Total” amount in Table 3 or 4 (meals and incidentals) from the meals and accommodation allowance rate);

 (c) the additional payment is to be calculated on accommodation expenses and meals and accommodation allowance for the entire trip.

14  Additional meals

 (1) If a Committee member is absent for a greater number of meal periods than that covered by the meals and accommodation allowance payment (the rate nominally covers 3 meals per day) and provides evidence that actual meal costs exceeded the meal component for the absence, payment at the rates set out in Table 3 or 4 may be made for the additional meal or meals.

 (2) Subject to certification by the Secretary, this may include meal periods on the day of return to a Committee member’s home base where, ordinarily, no meals and accommodation allowance would be payable.

15  No double payment

  No payment of travel allowance is to be made under this instrument to the extent that the Committee member claims or receives an allowance for travel or reimbursement of travel expenses under any other source or entitlement for the same travel.

Division 3—Delegation

16  Delegation by Secretary

 (1) The Secretary may, in writing, delegate all or any of the Secretary’s functions or powers under this instrument to an SES employee, or an acting SES employee, in the Department.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

 (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Secretary.

Division 4—Rates of meals and accommodation allowance

17  Rates of meals and accommodation allowance—capital cities

  The following table (Table 1) sets out the rates, per overnight absence, of meals and accommodation allowance for travel to capital cities.

18  Rates of meals and accommodation allowance—country centres

  The following table (Table 2) sets out the rates, per overnight absence, of meals and accommodation allowance for travel to country centres.

19  Meal and incidental components—high cost centres

  For the purposes of sections 11, 13 and 14, the following table (Table 3) sets out the meal and incidental components of:

 (a) the meals and accommodation allowance rates set out in Table 1 for travel to capital cities; and

 (b) the meals and accommodation allowance rates set out in Table 2 for travel to country centres specified by name in Table 2 other than group 2 country centres set out in Table 5.

20  Meal and incidental components—other country centres

  For the purposes of sections 11, 13 and 14, the following table (Table 4) sets out the meal and incidental components of the meals and accommodation allowance rates set out in Table 2 for travel to:

 (a) country centres not specified by name in Table 2; and

 (b) group 2 country centres set out in Table 5.

21  Group 2 country centres

  For the purposes of paragraphs 19(b) and 20(b), the following table (Table 5) sets out the group 2 country centres.