Parliamentary Retirement Travel Act 2002 (Cth)

Parliamentary Retirement Travel Act 2002 No. 110, 2002 Compilation No. 6 Compilation date: 1 January 2018 Includes amendments up to: Act No. 38, 2017 Registered: 9 January 2018 About this compilation This compilation This is a compilation of the Parliamentary Retirement Travel Act 2002 that shows the text of the law as amended and in force on 1 January 2018 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Introduction 1 Short title 2 Commencement 3 Simplified outline of this Act 3A Change of name of entitlement to travel 4 Definitions 4AA The purpose test 4A Closing the Parliamentary Retirement Travel Entitlement scheme to new members, other than to members who become Prime Minister 4B Other limitations on becoming a holder of a Parliamentary Retirement Travel Entitlement 4C Expiry of Parliamentary Retirement Travel Entitlement (other than for former Prime Ministers) 5 Retirement from the Parliament 6 Death of sitting member 7 When return trip is wholly within Australia 8 Stop‑over does not affect continuity of trip 9 When return trip is in a year etc. 9A Entitlement of spouses and de facto partners 9B Nomination of spouse or de facto partner Part 2—Former Prime Ministers who have retired from the Parliament 10 Former Prime Ministers who have retired from the Parliament Part 3—Former members 11 Former members Part 5—Pro‑rata adjustments 13 Simplified outline 14 Pro‑rata adjustments Part 6—Disqualification of person convicted of a corruption offence 15 Simplified outline 16 When this Part applies—superannuation order made in relation to a person convicted of a corruption offence 17 Consequences of order 18 Revocation of order 19 Revocation of order—compensatory travel Part 7—Stop‑overs of more than 24 hours 20 Simplified outline 21 Stop‑over—general rule 22 Stop‑over by spouse or de facto partner of retired former Prime Minister Part 8—Miscellaneous 25 Entitlement limited to travel 26 Class of travel 27 Entitlements not transferable 28 Entitlements cannot be carried forward etc. 29 Use of official frequent flyer points 30 Determinations of the Remuneration Tribunal 30AA Requirements for determinations 30A Recoverable payments 31 Appropriation 32 Compensation—constitutional safety net 33 Unauthorised travel—recovery of expenses 35 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act about travel entitlements for retired members of the Parliament, and for other purposes Part 1—Introduction 1 Short title This Act may be cited as the Parliamentary Retirement Travel Act 2002. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent 2 December 2002 2. Section 3 The 28th day after the day on which this Act receives the Royal Assent 30 December 2002 3. Sections 4 to 8 The day on which this Act receives the Royal Assent 2 December 2002 4. Section 9 The 28th day after the day on which this Act receives the Royal Assent 30 December 2002 5. Parts 2, 3, 4 and 5 The 28th day after the day on which this Act receives the Royal Assent 30 December 2002 6. Part 6 The day on which this Act receives the Royal Assent 2 December 2002 7. Part 7 The 28th day after the day on which this Act receives the Royal Assent 30 December 2002 8. Sections 25 to 31 The 28th day after the day on which this Act receives the Royal Assent 30 December 2002 9. Sections 32 and 33 The day on which this Act receives the Royal Assent 2 December 2002 10. Sections 34 and 35 The 28th day after the day on which this Act receives the Royal Assent 30 December 2002 11. Schedule 1 The 28th day after the day on which this Act receives the Royal Assent 30 December 2002 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act. 3 Simplified outline of this Act • On retirement from the Parliament a person may, if he or she has satisfied the relevant qualifying period, become the holder of a Parliamentary Retirement Travel Entitlement conferring travel entitlements under this Act. • For former members who are not former Prime Ministers: (a) there are limits on when a person must have entered Parliament, and when a person must have satisfied the qualifying period and retired from the Parliament, in order to become the holder of a Parliamentary Retirement Travel Entitlement; and (b) a Parliamentary Retirement Travel Entitlement expires after a limited period. • This Act also confers some travel entitlements on the spouse or de facto partner of a retired former Prime Minister. • Travel entitlements are limited to return trips that are within Australia, and that comply with certain other requirements (including that the travel be for the public benefit). There are also limits on the number of trips to which a person is entitled. • If a superannuation order is made under the Crimes (Superannuation Benefits) Act 1989 in relation to a person convicted of a corruption offence, the person is disqualified from travel entitlements under this Act and from severance travel. • No person other than a retired former Prime Minister or the spouse or de facto partner of a retired former Prime Minister will have a Parliamentary Retirement Travel Entitlement after the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences. 3A Change of name of entitlement to travel (1) From the commencement of this section, the name for what was previously called a "Life Gold Pass" (the old name) is, by force of this section, changed to a "Parliamentary Retirement Travel Entitlement" (the new name). (2) A reference in this Act to the new name includes (if the reference relates to a time before the commencement of this section) a reference to the old name. 4 Definitions In this Act, unless the contrary intention appears: Australia does not include an external Territory. commercial purpose means a purpose relating to the derivation of financial gain or reward, whether as a board member, an office‑holder, an employee, a self‑employed person or otherwise. convicted, when used in relation to a corruption offence, has the same meaning as in the Crimes (Superannuation Benefits) Act 1989. corruption offence has the same meaning as in the Crimes (Superannuation Benefits) Act 1989. de facto partner of a person has the meaning given by the Acts Interpretation Act 1901. domestic return trip means a return trip that: (a) is wholly within Australia; and (b) satisfies the purpose test specified in section 4AA; and (c) is on a scheduled transport service or on a combination of scheduled transport services. Note: See also sections 7 and 8. DPP means the Director of Public Prosecutions. end of a Parliament: a Parliament ends when the House of Representatives is dissolved or expires. former member means a person who has retired from the Parliament. holder of a Parliamentary Retirement Travel Entitlement means a former member who, on retirement from the Parliament, was qualified to hold a Parliamentary Retirement Travel Entitlement, but does not include a former member who cannot be, or who has ceased to be, a holder of a Parliamentary Retirement Travel Entitlement because of section 4A, 4B or 4C. Note: A person who has retired from Parliament may be qualified to hold a Parliamentary Retirement Travel Entitlement under a determination of the Remuneration Tribunal (see section 30). member means a member of either House of the Parliament. nominal expiry time for a Parliamentary Retirement Travel Entitlement: see subsection 18(4). parliamentary allowance has the same meaning as in the Parliamentary Superannuation Act 2004. Parliamentary Retirement Travel Entitlement: see section 3A. Remuneration Tribunal Minister means the Minister who administers the Remuneration Tribunal Act 1973. retirement from the Parliament has the meaning given by section 5. scheduled transport service means: (a) a scheduled air service; or (b) a scheduled rail service; or (c) a scheduled bus service; or (d) a scheduled tram service; or (e) a scheduled ferry service; or (f) a scheduled vehicular service. senior office holder means: (a) a Minister, other than the Prime Minister or a Parliamentary Secretary; or (b) the President of the Senate or the Speaker of the House of Representatives; or (c) the Leader of the Opposition in the House of Representatives. severance travel means travel at the expense of the Commonwealth under: (a) clause 8.1 of Determination 1998/26 (as amended) of the Remuneration Tribunal; or (b) the corresponding provision of another determination of the Remuneration Tribunal (whether made before or after the commencement of this section). spouse, in relation to a person, means the person's legally married husband or legally married wife. stop‑over, in relation to a return trip, means a stop‑over in the forward or return part of the trip. surviving spouse or de facto partner of a person who has died means a spouse or de facto partner of the person immediately before the person died who: (a) was named in a nomination in force under section 9B; or (b) if the person died while a member and satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement before his or her death—was named in a nomination in force for the purposes of a travel entitlement administered by the Department; or (c) if different spouses or de facto partners are named in nominations in force under paragraphs (a) and (b)—the spouse or de facto partner named in the most recent nomination. year means: (a) the financial year beginning on 1 July 2003; or (b) a later financial year. 4AA The purpose test A return trip by a person satisfies the purpose test if the person undertakes the trip for a purpose that is for the public benefit, and does not undertake the trip for a commercial purpose or a private purpose. 4A Closing the Parliamentary Retirement Travel Entitlement scheme to new members, other than to members who become Prime Minister (1A) Nothing in this section prevents a former member who has been the Prime Minister from becoming a holder of a Parliamentary Retirement Travel Entitlement. (1) A former member cannot become a holder of a Parliamentary Retirement Travel Entitlement if the first time that the former member became entitled to a parliamentary allowance was at or after the commencement of this section. (2) A former member who has been entitled to a parliamentary allowance before the commencement of this section cannot become a holder of a Parliamentary Retirement Travel Entitlement if, immediately before that commencement, the former member: (a) was not a holder of a Parliamentary Retirement Travel Entitlement; and (b) was not entitled to a parliamentary allowance. (3) A former member who was entitled to a parliamentary allowance immediately before the commencement of this section cannot become a holder of a Parliamentary Retirement Travel Entitlement if: (a) at or after that commencement, the former member ceased to be entitled to a parliamentary allowance; and (b) the former member was not a holder of a Parliamentary Retirement Travel Entitlement at the time of that cessation. (4) For the purposes of subsections (2) and (3), if a person: (a) ceased to be a member of the House of Representatives upon the dissolution or expiration of that House; and (b) was elected as a member of the Senate within 3 months after so ceasing to be a member of the House of Representatives; then the person is taken to have been entitled to a parliamentary allowance from the time of so ceasing to be a member of the House of Representatives until the time the person first becomes entitled to a parliamentary allowance after being so elected as a member of the Senate. (5) For the purposes of subsections (2) and (3), if a person: (a) resigned as a member of the Senate; and (b) was elected as a member of the House of Representatives within 3 months after the resignation; then the person is taken to have been entitled to a parliamentary allowance from the time the person resigned as a member of the Senate until the time the person was elected as a member of the House of Representatives. (6) For the purposes of subsections (4) and (5), a person who is elected as a result of a polling is taken to be elected on the polling day. 4B Other limitations on becoming a holder of a Parliamentary Retirement Travel Entitlement (1) A person who did not satisfy the relevant qualifying period before 14 May 2014 cannot become a holder of a Parliamentary Retirement Travel Entitlement on retirement from the Parliament, unless the person is the Prime Minister, or a former Prime Minister, when he or she retires. (2) A person who satisfied the relevant qualifying period before 14 May 2014 cannot become a holder of a Parliamentary Retirement Travel Entitlement on retirement from the Parliament on or after the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences, unless the person is the Prime Minister, or a former Prime Minister, when he or she retires. 4C Expiry of Parliamentary Retirement Travel Entitlement (other than for former Prime Ministers) Parliamentary Retirement Travel Entitlement (other than for former Prime Ministers) expires in accordance with this section (1) If: (a) a person is a holder of a Parliamentary Retirement Travel Entitlement on 13 May 2014, or becomes a holder of a Parliamentary Retirement Travel Entitlement after that day; and (b) the person is not a former Prime Minister; the person's Parliamentary Retirement Travel Entitlement expires in accordance with this section. Effects of expiry (2) The effects of expiry of a person's Parliamentary Retirement Travel Entitlement are as follows: (a) the person ceases, on the expiry of the Entitlement, to be a holder of a Parliamentary Retirement Travel Entitlement; (b) subject to subsection (3), the person can never again become entitled to, or be a holder of, a Parliamentary Retirement Travel Entitlement; (c) the expiry of the Parliamentary Retirement Travel Entitlement does not affect an entitlement under this Act in respect of a return trip that a person has taken, or started to take, before the expiry of the Entitlement. (3) Paragraph (2)(b) does not apply to a person who later becomes the Prime Minister. Certain Parliamentary Retirement Travel Entitlements expire at the end of 13 May 2014 (4) If: (a) on retirement from the Parliament before 14 May 2008, a person became a holder of a Parliamentary Retirement Travel Entitlement; and (b) the person is a former senior office holder but is not a former Prime Minister; the person's Parliamentary Retirement Travel Entitlement expires at the end of 13 May 2014. (5) If: (a) on retirement from the Parliament before 14 May 2011, a person became a holder of a Parliamentary Retirement Travel Entitlement; and (b) the person is not a former Prime Minister or a former senior office holder; the person's Parliamentary Retirement Travel Entitlement expires at the end of 13 May 2014. Expiry of other Parliamentary Retirement Travel Entitlements (6) If: (a) on retirement from the Parliament on or after 14 May 2008, a person became or becomes a holder of a Parliamentary Retirement Travel Entitlement; and (b) the person is a former senior office holder but is not a former Prime Minister; the person's Parliamentary Retirement Travel Entitlement expires (subject to subsection (8)) at the earliest of the following: (c) the end of 72 months starting on the date of the retirement; (d) the second end of a Parliament to occur after: (i) the date of the retirement (unless subparagraph (ii) applies); or (ii) if the retirement occurs during a Parliament (the current Parliament)—the end of the current Parliament; (e) the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences. (7) If: (a) on retirement from the Parliament on or after 14 May 2011, a person became or becomes a holder of a Parliamentary Retirement Travel Entitlement; and (b) the person is not a former Prime Minister or a former senior office holder; the person's Parliamentary Retirement Travel Entitlement expires (subject to subsection (8)) at the earliest of the following: (c) the end of 36 months starting on the date of the retirement; (d) the next end of a Parliament to occur after: (i) the date of the retirement (unless subparagraph (ii) applies); or (ii) if the retirement occurs during a Parliament (the current Parliament)—the end of the current Parliament; (e) the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences. (8) If, under subsection (6) or (7), a Parliamentary Retirement Travel Entitlement would (but for this subsection) expire at a time before the end of 13 May 2014, the Parliamentary Retirement Travel Entitlement is instead taken to expire under that subsection at the end of that day. 5 Retirement from the Parliament (1) For the purposes of this Act, a person retires from the Parliament when the person ceases to be a member. (2) For the purposes of subsection (1), a person is taken not to have ceased to be a member while he or she continues to be entitled to the Parliamentary allowance that was payable to him or her as a member. (3) This Act applies to retirement from the Parliament, whether the retirement occurs before, at or after the commencement of this section. 6 Death of sitting member For the purposes of this Act, if: (a) a person dies while a member (whether the death occurs before, at or after the commencement of this section); and (b) immediately before his or her death, the person satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement; the person is taken: (c) to have retired from the Parliament at the time of his or her death; and (d) to have been qualified to hold a Parliamentary Retirement Travel Entitlement on retirement from the Parliament. 7 When return trip is wholly within Australia For the purposes of this Act, a return trip is wholly within Australia if, and only if: (a) the trip begins at a place (the starting place) within Australia; and (b) the destination is a place within Australia; and (c) each stop‑over (if any) is at a place within Australia; and (d) the trip ends at the starting place. 8 Stop‑over does not affect continuity of trip For the purposes of this Act, a stop‑over in a return trip does not affect the continuity of the forward or return part of the return trip. Note: See also Part 7. 9 When return trip is in a year etc. Year (1) For the purposes of this Act, if a return trip begins in a particular year, the trip is taken to be in that year (even if the trip is completed after the end of that year). Surviving spouse or de facto partner (2) Subsection (1) does not apply for the purposes of determining the entitlements of the surviving spouse or de facto partner of a former Prime Minister. (3) If: (a) the surviving spouse or de facto partner of a former Prime Minister has entitlements under this Act in relation to: (i) the 12‑month period beginning at the time of the death of the former Prime Minister or the commencement of this section, whichever is the later; and (ii) each succeeding 12‑month period; and (b) the surviving spouse or de facto partner begins a return trip in one of those 12‑month periods; the trip is taken to be in that 12‑month period (even if the trip is completed after the end of that 12‑month period). (4) If the surviving spouse or de facto partner of a former Prime Minister has entitlements under this Act only in relation to: (a) the 12‑month period beginning at the time of the death of the former Prime Minister or the commencement of this section, whichever is the later; and (b) the next succeeding 12‑month period; then: (c) if the surviving spouse or de facto partner begins a return trip in the period mentioned in paragraph (a)—the trip is taken to be in that period, so long as the trip is completed before the end of the period mentioned in paragraph (b); and (d) if the surviving spouse or de facto partner begins a return trip in the period mentioned in paragraph (b)—the trip is taken to be in that period, so long as the trip is completed before the end of that period. 9A Entitlement of spouses and de facto partners (1) In order for a spouse or de facto partner of a person to be entitled to domestic return trips under this Act, there must be a nomination in force under section 9B in relation to the spouse or de facto partner. Note: Spouse or de facto partner entitlements under this Act are limited to a spouse or de facto partner of a retired former Prime Minister. (2) Only one spouse or de facto partner of a person may be nominated at any time. 9B Nomination of spouse or de facto partner (1) A person who has a spouse or de facto partner may nominate the spouse or de facto partner as the spouse or de facto partner who is entitled to domestic return trips under this Act. Note: Spouse or de facto partner entitlements under this Act are limited to a spouse or de facto partner of a retired former Prime Minister. (2) The nomination must: (a) be in writing; and (b) name the spouse or de facto partner; and (c) specify the day (the start day) from which the spouse or de facto partner is to be entitled to domestic return trips under this Act. (3) The start day may be earlier than the day the nomination is made but must not be earlier than the day on which the spouse or de facto partner became the spouse or de facto partner of the person. (4) The nomination is in force during the period: (a) beginning on the start day; and (b) ending on the earlier of: (i) the day the person makes a written revocation of the nomination; or (ii) if the person makes a subsequent nomination naming another spouse or de facto partner of the person—the day before the start day for the subsequent nomination. (5) If the start day for a subsequent nomination naming another spouse or de facto partner of a person includes a period during which a previously nominated spouse or de facto partner of the person took one or more domestic return trips, then, despite section 9A, the previously nominated spouse or de facto partner is taken to have been entitled to those domestic return trips. Note: Under section 14, the total trips that may be taken by the subsequently nominated spouse or de facto partner in the year in which the start day occurs cannot exceed the number of trips left untaken in that year by the previously nominated spouse or de facto partner. Part 2—Former Prime Ministers who have retired from the Parliament 10 Former Prime Ministers who have retired from the Parliament (1) The following table has effect: Entitlements Item This person... is entitled to... 1 a former Prime Minister who: a maximum of 30 domestic return trips per year. (a) has retired from the Parliament; and (b) is the holder of a Parliamentary Retirement Travel Entitlement 2 the spouse or de facto partner of a former Prime Minister, where the former Prime Minister: a maximum of 20 domestic return trips per year, so long as no more than 10 of those trips are non‑accompanying/joining trips (as defined by subsection (3)). (a) has retired from the Parliament; and (b) is the holder of a Parliamentary Retirement Travel Entitlement 3 the surviving spouse or de facto partner of a former Prime Minister the following: (a) a maximum of 10 domestic return trips in the 12‑month period beginning at the time of the death of the former Prime Minister or the commencement of this section, whichever is later; (b) a maximum of 10 domestic return trips in each of the next 4 succeeding 12‑month periods; (c) a maximum of 5 domestic return trips in each subsequent succeeding 12‑month period. Pro‑rata adjustments (2) Subsection (1) has effect subject to section 14 (pro‑rata adjustments). Non‑accompanying/joining trip (3) For the purposes of this section, a domestic return trip by the spouse or de facto partner of a former Prime Minister is a non‑accompanying/joining trip if the spouse or de facto partner is not accompanying or joining the former Prime Minister. Part 3—Former members 11 Former members Scope (1) This section applies if a former member never held office as Prime Minister. Entitlements (2) The following table has effect: Entitlements Item This person... is entitled to... 1 a former member who is the holder of a Parliamentary Retirement Travel Entitlement and who is a former senior office holder a maximum of 10 domestic return trips per year. 2 a former member who is the holder of a Parliamentary Retirement Travel Entitlement and who is not a former senior office holder a maximum of 5 domestic return trips per year. Pro‑rata adjustments (3) Subsection (2) has effect subject to section 14 (pro‑rata adjustments). Part 5—Pro‑rata adjustments 13 Simplified outline The following is a simplified outline of this Part: • This Part adjusts entitlements in the following situations: (a) a pro‑rata adjustment where a member retires during a year; (b) a pro‑rata adjustment where a person becomes the spouse or de facto partner of a retired former Prime Minister during a year; (c) a pro‑rata adjustment where the maximum term of a Parliamentary Retirement Travel Entitlement under subsection 4C(6) or (7) will end during a year. 14 Pro‑rata adjustments Adjustments if member retires, or former Prime Minister nominates spouse or de facto partner, during a year (1) The following table has effect: Pro‑rata adjustment Item For the purposes of the application of... if the following condition is satisfied... the item has effect for that year as if the number of domestic return trips specified in the item were the number worked out under subsection (2), where the remaining period begins on... 1 item 1 of a table in Part 2 or item 1 or 2 of a table in Part 3 to a former member the former member retires from the Parliament during a year the day after the day on which the former member retires from the Parliament. 2 item 2 of a table in Part 2 to a person who is the spouse or de facto partner of a former Prime Minister either or both of the following happens during a year: whichever is the later of the following days: (a) there is a start day for a nomination under section 9B of the person as the spouse or de facto partner of the former Prime Minister at a time when the former Prime Minister was retired from the Parliament; (a) the start day for the nomination under section 9B; (b) the former Prime Minister retires from the Parliament. (b) the day after the day on which the former Prime Minister retires from the Parliament. Pro‑rating of entitlement (2) The number of domestic return trips for the purposes of the table in subsection (1) is: (a) for table item 1—the number of trips worked out using the formula in subsection (2A); or (b) for table item 2—the lower of the number of trips worked out using that formula, and the difference between: (i) the maximum number of trips specified in the relevant item of the table in Part 2 for a spouse or de facto partner of the retired former Prime Minister; and (ii) the number of trips (if any) already taken in the year by a spouse or de facto partner of the retired former Prime Minister previously nominated under section 9B. (2A) For the purposes of paragraph (2)(a), the formula is: where: remaining period means the period: (a) beginning on the day worked out using the table; and (b) ending at the end of the year. (3) A nu