Commonwealth Numbered Regulations - Explanatory Statements

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PARLIAMENTARY ENTITLEMENTS AMENDMENT REGULATIONS 2007 (NO. 1) (SLI NO 145 OF 2007)

 

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 145

 

Minute No. 8 of 2007 – Special Minister of State

Subject - Parliamentary Entitlements Act 1990

Parliamentary Entitlements Amendment Regulations 2007 (No. 1)

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. Other benefits are also provided under relevant Remuneration Tribunal Determinations and in particular, Remuneration Tribunal Determination 2006/18 (the Determination).

Section 12 of the Act provides that the Governor-General may make regulations for the purposes of paragraph 5(1)(b) and section 9 of the Act. Paragraph 5(1)(b) provides that Members, Parliamentary office-holders and Ministers are entitled to such additional benefits as are prescribed by the regulations. Subsection 9(2) provides that a benefit prescribed in Schedule 1 to the Act may be varied or omitted by the regulations.

The Regulations allow Members of the House of Representatives to use their printing entitlement to communicate with their current constituents and people who will become their constituents after an electoral redistribution, via newsletters and other printed material (as approved by the Special Minister of State).

Under the entitlements framework, Senators and Members are able to use their Communications Allowance, provided under clause 10 of the Determination, to communicate with persons including those who will become constituents after an electoral redistribution. However, the Parliamentary Entitlements Regulations 1997 previously allowed Members of the House of Representatives to use their printing entitlement to communicate with such persons who are not yet “constituents” only via personalised letterhead stationery. The Regulations rectify this anomaly.

 

The Act does not impose any conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.

 

The regulation amendment is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Legislative Instruments Act). The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

In relation to section 17 of the Legislative Instruments Act, consultation was not undertaken within the Australian Government in relation to the regulation amendment, as they are of a minor or machinery nature and do not substantially alter existing arrangements. As such, the Office of Best Practice Regulation has advised that the preparation of a Regulation Impact Statement and a Business Cost Calculator Report are not necessary.

 

The Minute recommends that Regulations be made in the form proposed.

 

Authority: Section 12 of the Parliamentary Entitlements Act 1990


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