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This is a Bill, not an Act. For current law, see the Acts databases.


PARLIAMENTARY REMUNERATION (POWERS OF REMUNERATION TRIBUNAL) AMENDMENT BILL 2003

[BIL187-A.HAA]

House of Assembly No 177

[As laid on the table and passed all stages, 16 July 2003]

South Australia

[Prepared by the Parliamentary Counsel on the instructions of the Hon. R. Such, M.P.]

PARLIAMENTARY REMUNERATION (POWERS OF REMUNERATION TRIBUNAL) AMENDMENT BILL 2003

A Bill For

An Act to amend the Parliamentary Remuneration Act 1990 and to make related amendments to the Parliamentary Superannuation Act 1974.

[OPC-HA]


Contents

Part 1—Preliminary

1.Short title

2.Amendment provisions

Part 2—Amendment of Parliamentary Remuneration Act 1990

3.Amendment of section 3—Interpretation

4.Amendment of section 4—Remuneration of members of Parliament

5.Substitution of section 5

4A.Non-monetary benefits

5.Cessation of entitlement to remuneration

6.Amendment of section 6—Payment from Consolidated Account

Schedule—Related amendments and transitional provision

Part 1—Amendment of the Parliamentary Superannuation Act 1974

1.Amendment of section 5—Interpretation

Part 2—Transitional provision

2.Transitional provision


The Parliament of South Australia enacts as follows:


Part 1—Preliminary

Short title

1. This Act may be cited as the Parliamentary Remuneration (Powers of Remuneration Tribunal) Amendment Act 2003.

Amendment provisions

2. In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Parliamentary Remuneration Act 1990

Amendment of section 3—Interpretation

3. Section 3—after the definition of "basic salary" insert:

"benefits" includes non-monetary benefits;

Amendment of section 4—Remuneration of members of Parliament

4. (1) Section 4(1)(c)—delete "and expenses" and substitute:

, expenses and benefits

(2)Section 4(2)—delete "allowances and expenses" and substitute:

receive allowances, expenses and benefits

(3)Section 4(4)—delete "and expenses" and substitute:

, expenses and benefits

(4)Section 4(5)—delete subsection (5) and substitute:

(5) The electorate allowances and other allowances, expenses and benefits determined by the Remuneration Tribunal for members of Parliament may vary according to—

(a)the office held by a member; or

(b)the electorate represented by a member; or

(c)the place at which a member usually resides; or

(d)subject to section 4A(3), any other factor that the Tribunal considers relevant.

Substitution of section 5

5. Section 5—delete the section and substitute:


Non-monetary benefits

4A. (1) A determination of the Remuneration Tribunal, in accordance with section 4, with respect to the provision of non-monetary benefits for members of Parliament may—

(a)provide for the provision (at the option of a member) of any article, motor vehicle, equipment or service to members; and

(b)specify the terms and conditions which are to apply to the provision and use of such articles, motor vehicles, equipment or services; and

(c)provide for the calculation and imposition of any contribution which the member is required to make towards the cost of providing the article, motor vehicle, equipment or service; and

(d)make any other provision necessary to give effect to the determination.

(2) If the Remuneration Tribunal determines that a contribution is payable by a member of Parliament towards the cost of providing an article, motor vehicle, equipment or service, a member of Parliament may, in accordance with the determination of the Tribunal and despite any other provision of this Act, choose to pay the contribution by any of the following means, or by a combination of the following means:

(a)by way of a salary sacrifice by the member;

(b)by way of a reduction in the allowances and expenses that would otherwise be payable to the member;

(c)by a direct payment by the member to the Treasurer.

(3) Except as provided by subsection (2), a determination of the Remuneration Tribunal must not provide for any reduction in the electorate allowances and other allowances and expenses payable to members of Parliament by reason of the provision of any non-monetary benefits to members.

(4) In making a determination with respect to the provision of non-monetary benefits for members of Parliament, the Remuneration Tribunal must have regard to any non-monetary benefits provided under the law of the Commonwealth to senators or members of the House of Representatives of the Parliament of the Commonwealth, and to the terms and conditions on which such benefits are provided.

(5) A determination of the Remuneration Tribunal with respect to the provision of motor vehicles to members of Parliament must specify a motor vehicle, or range of motor vehicles, that will constitute the standard motor vehicle to be provided to members in accordance with the determination.

(6) A member of Parliament who is, in accordance with a determination of the Remuneration Tribunal, entitled to be provided with a motor vehicle may request the provision of a motor vehicle that is other than a standard motor vehicle specified in the determination, provided that any extra cost involved in the provision of such a motor vehicle is to be borne by the member in accordance with guidelines determined by the Remuneration Tribunal (and is payable in a manner determined under those guidelines).

Cessation of entitlement to remuneration

5. The entitlement of a member of Parliament to remuneration under this Act does not cease by reason of the fact that he or she has ceased to be a member—

(a)on the dissolution of the House of which he or she is a member; or

(b)on the expiry of the member's term by the effluxion of time,

but such entitlement does cease—

(c)in the case of the additional salary and allowances, expenses and benefits in respect of an office specified in the schedule—when the person ceases to hold that office; and

(d)in the case of other remuneration—when a successor is elected as a member of Parliament in his or her place.

Amendment of section 6—Payment from Consolidated Account

6. Section 6—delete "be paid"


Schedule—Related amendments and transitional provision

Part 1—Amendment of the Parliamentary Superannuation Act 1974

Amendment of section 5—Interpretation

1. (1) Section 5(1), definition of "basic salary"—delete "Remuneration Act 1985" wherever occurring and substitute in each case:

Parliamentary Remuneration Act 1990

(2)Section 5(2)—delete "payable to a member" and substitute:

to which a member is entitled

(3)Section 5—after subsection (2) insert:

(3) For the purposes of the definition of "basic salary" in subsection (1), the salary to which a member is entitled under the Parliamentary Remuneration Act 1990 includes the amount of any contribution that the member makes towards the cost of providing an article, motor vehicle, equipment or service by way of a salary sacrifice (as contemplated by section 4A(2) of that Act).

Part 2—Transitional provision

Transitional provision

2. The President of the Remuneration Tribunal must, within two months after the commencement of this Act, convene a sitting of the Tribunal for the purpose of reviewing any determination of the Tribunal that is in force under the Parliamentary Remuneration Act 1990 at the commencement of this Act.

Printed under the authority of the Government Printer

 


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