Parliamentary Allowances Amendment Regulations 2008

Parliamentary Allowances Amendment Regulations 2008 S.R. No. 36/2008 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Travelling allowance for an overnight stay within a Member's electorate 2 4 Regulation 15 substituted and new regulation 15A inserted 2 15 Electorate allowance 2 15A Single indexed electorate allowance 4 ═══════════════ ENDNOTES 6 i -- 1 of 7 -- STATUTORY RULES 2008 S.R. No. 36/2008 Parliamentary Salaries and Superannuation Act 1968 Parliamentary Allowances Amendment Regulations 2008 The Governor in Council makes the following Regulations: Dated: 13 May 2008 Responsible Minister: JOHN BRUMBY Premier RYAN HEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Parliamentary Allowances Regulations 2003— (a) to link rates of payment for overnight travel within a member's electorate to the relevant rate payable to a member of the Commonwealth Parliament; and (b) to amend the distance for eligibility for the overnight stay allowance; and (c) increase electorate allowances and provide for CPI indexing. 2 Authorising provision These Regulations are made under section 8 of the Parliamentary Salaries and Superannuation Act 1968. 1 -- 2 of 7 -- S.R. No. 36/2008 Parliamentary Allowances Amendment Regulations 2008 r. 3 3 Travelling allowance for an overnight stay within a Member's electorate (1) In regulation 14(1) of the Parliamentary Allowances Regulations 20031— (a) for "an allowance at Rate B" substitute "a travelling allowance"; (b) in paragraph (b), for "150" substitute "80". (2) After regulation 14(2) of the Parliamentary Allowances Regulations 2003 insert— "(3) A travelling allowance under subregulation (1) is equal to the value of the accommodation expenses actually incurred by the member not exceeding the amount of the allowance payable to a member of the Parliament of the Commonwealth for an overnight stay in the relevant city that is determined from time to time by the Remuneration Tribunal under section 7(1) of the Remuneration Tribunal Act 1973 of the Commonwealth.". 4 Regulation 15 substituted and new regulation 15A inserted For regulation 15 of the Parliamentary Allowances Regulations 2003 substitute— "15 Electorate allowance (1) Subject to regulation 15A and subregulation (2), a member is entitled to an electorate allowance of whichever is the higher of— (a) the following rate— (i) $28 906 per annum for an electorate described in Schedule 1; or 2 -- 3 of 7 -- S.R. No. 36/2008 Parliamentary Allowances Amendment Regulations 2008 r. 4 (ii) $31 610 per annum for an electorate described in Schedule 2; or (iii) $38 730 per annum for an electorate described in Schedule 3, 4 or 5; or (b) in the case of an electorate described in Schedule 1 or Schedule 2, the applicable indexed electorate allowance rate per annum for that electorate. (2) Subject to regulation 15A, when the indexed electorate allowance rate for an electorate described in Schedule 2 equals or first exceeds $38 730 per annum, a member whose electorate is described in Schedule 2 is entitled to an electoral allowance of $38 730 per annum. (3) The applicable indexed electorate allowance rate is to be calculated in accordance with the following formula— C B A × where— A is— (a) for the financial year commencing 1 July 2009— (i) for an electorate described in Schedule 1, $28 906; (ii) for an electorate described in Schedule 2, $31 610; 3 -- 4 of 7 -- S.R. No. 36/2008 Parliamentary Allowances Amendment Regulations 2008 r. 4 (b) for each subsequent financial year, the amount of the applicable indexed electorate allowance rate for the previous financial year; B is the consumer price index number for the December quarter, being the December quarter of the previous financial year; C is the consumer price index number for the December quarter, being the December quarter of the financial year preceding the previous financial year. (4) An indexed electorate allowance rate is to be rounded up or down to the nearest $10 (and, if the amount by which the amount is to be rounded is $5, is to be rounded up). (5) In this regulation and regulation 15A— Australian Statistician has the same meaning as it has in the Australian Bureau of Statistics Act 1975 of the Commonwealth; CPI means the All Groups Consumer Price Index number (for Melbourne) published by the Australian Statistician; indexed electorate allowance rate means the rate calculated in accordance with subregulation (3). 15A Single indexed electorate allowance (1) This regulation applies on and from 1 July in the year in which the indexed electorate allowance rate under regulation 15 for an electorate described in Schedule 1 equals or first exceeds $38 730 per annum. 4 -- 5 of 7 -- S.R. No. 36/2008 Parliamentary Allowances Amendment Regulations 2008 r. 4 (2) Despite regulation 15, irrespective of the Schedule in which a member's electorate is described, a member is entitled to an electorate allowance per annum at the rate calculated in accordance with subregulation (3). (3) The electorate allowance rate is to be calculated in accordance with the following formula— C B A × where— A is— (a) for the financial year commencing in the year in which this regulation first applies, $38 730; (b) for each subsequent financial year, the amount of the electorate allowance rate for the previous financial year; B is the consumer price index number for the December quarter, being the December quarter of the previous financial year; C is the consumer price index number for the December quarter, being the December quarter of the financial year preceding the previous financial year. (4) An electorate allowance rate is to be rounded up or down to the nearest $10 (and, if the amount by which the amount is to be rounded is $5, is to be rounded up).". ═══════════════ 5 -- 6 of 7 -- S.R. No. 36/2008 Parliamentary Allowances Amendment Regulations 2008 Endnotes ENDNOTES 1 Reg. 3: S.R. No. 12/2003 as amended by S.R. Nos 24/2005 and 155/2006. 6 -- 7 of 7 --