Parliamentary Salaries, Superannuation and Allowances Act 2012

Parliamentary Salaries, Superannuation and Allowances Act 2012

An Act to make provision with respect to the salaries, superannuation and allowances to be paid to members of Parliament

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - [Part 1 Heading inserted by No. 22 of 2015, s. 9, Applied:01 Jul 2015] Preliminary

1.   Short title

This Act may be cited as the Parliamentary Salaries, Superannuation and Allowances Act 2012 .

2.   Commencement

This Act commences on 1 July 2012 but if this Act does not receive the Royal Assent by that date it is taken to have commenced on 1 July 2012.

3.   Interpretation

In this Act, unless the contrary intention appears –[Section 3 Amended by No. 54 of 2016, s. 82, Applied:31 Mar 2017]

additional salary means the additional salary that is payable to certain members of Parliament under Part 2 of Schedule 1 ;

allowances and benefits means the allowances and benefits to which members of Parliament are entitled under Schedule 2 ;

[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015] amending Act means the Parliamentary Salaries, Superannuation and Allowances Amendment Act 2015;

[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015] basic salary means the amount payable to members of Parliament under Part 1 of Schedule 1 as the basic salary;

Commission means a Full Bench of the Tasmanian Industrial Commission constituted under sections 5 and 14 of the Industrial Relations Act 1984 ;

[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015] [Section 3 Amended by No. 54 of 2016, s. 82, Applied:31 Mar 2017]

[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015] determination means a determination contained in a report under section 3D ;

House means a House of Parliament;

member of Parliament means a member of either House;

Opposition means the recognised non-government party with the greatest number of members in the House of Assembly;

parliamentary salary means the basic salary that is payable to a member of Parliament and any additional salary payable to the member of Parliament;

[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015] President of the Commission means the person who is, under the Industrial Relations Act 1984 , the President of the Commission;

recognised non-government party means a political party that has 4 or more members of Parliament in the House of Assembly, being a political party of which no member is the Premier;

relevant officer means the Clerk of the House of Assembly, the Clerk of the Legislative Council or the Secretary of the responsible Department in relation to the Constitution Act 1934 , as the case may require;

RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;

[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015]

transfer day means the day specified in a notice under section 7(5) of the Public Sector Superannuation Reform Act 1999 .

PART 2 - Performance by Commission of Functions under this Act

3A.   Functions of Commission

[Section 3A Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]

(1)  In addition to its functions under the Industrial Relations Act 1984 , it is a function of the Commission –

(a) to inquire into, and report to the Parliament on, matters referred to in section 3C(1) ; and

(b) to inquire into, and report to the Parliament on, the matter referred to in section 3E(2) in accordance with section 3E(1) ; and

(c) to make determinations in respect of matters referred to in section 3C(1) .

(2)  The Commission has the powers necessary to perform its functions under this Act.

3B.   Method of inquiry by Commission

[Section 3B Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]

(1)  The Commission, in the performance of its functions –

(a) may inform itself as it sees fit; and

(b) may receive written or oral statements; and

(c) is not required to conduct any proceeding in a formal manner; and

(d) is not bound by the rules of evidence.

(2)  The Secretary of the Department responsible to the Minister in relation to the administration of this Act may, at the request of the President of the Commission, appoint a person or persons to assist the Commission in an inquiry.

PART 3 - Inquiries, Reports and Determinations by Commission

3C.   Inquiries by Commission

[Section 3C Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]

(1)  The Commission must, from time to time as provided by this Part, inquire into the following matters:

(a) the amount of the basic salary to be paid to each member of Parliament;

(b) the kinds of, and amounts of, any additional salary to be paid to each person holding an office specified in Table 1 of clause 1(2) of Part 2 of Schedule 1 ;

(c) the kinds of, and amounts of, any additional salary to be paid to each person holding the office specified in Table 2 of clause 1(4) of Part 2 of Schedule 1 or another office of a member of Parliament for the purposes of section 3D(2)(c) ;

(d) the kinds of, and amounts of, the allowances and benefits to be paid to each member of Parliament.

(2)  If the Commission inquires into a matter referred to in subsection (1) , the Commission may also inquire intoany other matter that is, or is considered by it to be, related to the first-mentioned matter, including whether it ought to include in a determination an office for the purposes of section 3D(2)(c) .

(3)  The Minister, by notice in writing to the Commission, may require the Commission to inquire into a matter specified in the notice, being a matter that is, or is considered by the Minister to be, related to a matter referred to in subsection (1) .

(4)  The Commission must, if it receives a notice from the Minister under subsection (3) in relation to a matter, inquire into the matter.

(5)  The Minister must ensure that, as soon as practicable after he or she gives to the Commission a notice under subsection (3) , a copy of the notice is laid before both Houses.

3D.   Contents of reports

[Section 3D Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]

(1)  The Commission must, after conducting an inquiry in accordance with section 3C(1) , prepare a report that includes –

(a) the information the Commission thinks fit in respect of the inquiry; and

(b) the Commission's recommendations in relation to the matters specified in section 3C(1) ; and

(c) if the report is in respect of an inquiry conducted in accordance with section 3E(1)  – the results of the inquiry included as part of that inquiry in accordance with section 3E(2) ; and

(d) a determination that includes the relevant matters; and

(e) any other matter into which the Commission has inquired in accordance with section 3C(2) or pursuant to a notice from the Minister under section 3C(3) .

(2)  For the purposes of subsection (1)(d) , the relevant matters to be included in a determination are –

(a) the amount of the basic salary to be paid to each member of Parliament; and

(b) the kinds of, and amounts of, any additional salary to be paid to each person holding an office specified in Table 1 of clause 1(2) of Part 2 of Schedule 1 ; and

(c) the kinds of, and amounts of, any additional salary to be paid to each person holding the office specified in Table 2 of clause 1(4) of Part 2 of Schedule 1 or an office that the Commission decides to include, for the purposes of this paragraph, in the determination; and

(d) the kinds of, and amounts of, the allowances and benefits to be paid to each member of Parliament; and

(e) the date on which the determination is to take effect; and

(f) the date on which the determination is to cease to have effect; and

(g) the date, not less than 12 months after the date on which the determination is to take effect, before which –

(i) a further inquiry is to be made in accordance with section 3C(1) ; and

(ii) a report in relation to the inquiry is to be provided to both Houses under section 3F(1) .

(3)  The date specified in a determination under subsection (2)(e) may be a date –

(a) before the date on which the report containing the determination is provided to the Clerk of either House under section 3F(1) ; or

(b) before the date that is 10 sitting-days after the report containing the determination is tabled in both Houses under section 3F(2) .

3E.   When inquiries and reports to be made

[Section 3E Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]

(1)  The Commission must before 1 March 2016 –

(a) in accordance with section 3C(1) , inquire into the matters referred to in section 3C(1) ; and

(b) provide to both Houses under section 3F(1) a report, in accordance with section 3D(1) , in relation to the inquiry.

(2)  The inquiry and report referred to in subsection (1) is to include an inquiry and report into the report of the tribunal, established under clause 4(1) of Part 1 of Schedule 1, as in force immediately before the day on which the amending Act commences, that was tabled in each House in accordance with clause 4(3) of Part 1 of that Schedule as so in force.

(3)  The Commission must, before the date specified, in accordance with section 3D(2)(g) in a determination that is in effect under section 3H , as the date by which the next report in relation to the matters referred to in subsection (1) is to be provided to both Houses under section 3F(1)  –

(a) inquire, in accordance with section 3C(1) , into the matters referred to in section 3C(1) ; and

(b) provide to both Houses under section 3F(1) a report, in accordance with section 3D(1) , in relation to the inquiry.

(4)  If a determination is disallowed by both Houses under section 3G , the Commission must, before 12 months after the date on which both Houses disallow the determination –

(a) inquire, in accordance with section 3C(1) , into the matters referred to in section 3C(1) ; and

(b) provide to both Houses under section 3F(1) a report, in accordance with section 3D(1) , in relation to the inquiry.

3F.   Tabling of report

[Section 3F Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]

(1)  A report that is required under this Part to be provided to Parliament is to be provided by the President of the Commission to the Clerk of each House.

(2)  The Clerk of a House to which a report is provided under subsection (1) is to table the report on the first sitting-day of that House after the day on which the report is provided to the Clerk.

3G.   House may disallow determination

[Section 3G Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015] A House before which a report is tabled under section 3F(2) may, within 10 sitting-days or a longer period allowed by a resolution of the House, disallow a determination contained in the report.

3H.   When determination takes effect

[Section 3H Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]

(1)  A determination, contained in a report that is tabled under section 3F(2) , comes into effect on the day specified in the determination as the day on which it is to take effect, unless the determination is disallowed by both Houses under section 3G within –

(a) 10 sitting-days after the report is tabled in both Houses;or

(b) a longer period allowed by a resolution of either House under section 3G .

(2)  A determination may come into effect on the date specified in the determination as the date on which the determination is to take effect, even though the date is a date that is –

(a) before the date on which the report containing the determination is provided to the Clerk of either House under section 3F(1) ; or

(b) before the date that is 10 sitting-days, or a longer period allowed by a resolution of a House under section 3G , after the report containing the determination is tabled in both Houses under section 3F(2) .

3I.   Notice of determination

[Section 3I Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]

(1)  As soon as practicable after the period in which a determination may be disallowed under section 3G has expired without the determination being disallowed by both Houses under that section, the President of the Commission is to ensure that there is published in the Gazette a notice setting out the determination.

(2)  A notice under subsection (1) is not a statutory rule for the purposes of the Rules Publication Act 1953 .

PART 4 - [Part 4 Heading inserted by No. 22 of 2015, s. 12, Applied:01 Jul 2015] Entitlement to, &c., Salaries, Allowances and Benefits

4.   Parliamentary salaries and allowances and benefits of members of Parliament

(1)  The parliamentary salaries and allowances and benefits that are to be paid to members of Parliament are payable in accordance with, and at the rates specified in or determined by reference to, the provisions of Schedules 1 and 2 .

(2)  Where, after calculating the amount of any parliamentary salary or allowances and benefits that, but for this subsection, would be payable to a member of Parliament under this Act, that amount comprises a number of cents less than 100 or a number of whole dollars and a number of cents less than 100, that number of cents is, if less than 50, to be disregarded, but if 50 or more, is to be treated as one dollar.

(3)  The superannuation entitlements for members of Parliament elected after 1 July 1999, and to whom neither the Parliamentary Superannuation Act 1973 nor the Parliamentary Retiring Benefits Act 1985 applies, are to be determined in accordance with Schedule 3 .

5.   Basic salary and allowances and benefits payable to member of Parliament calculated from day he or she is elected

The basic salary and allowances and benefits payable to a member of Parliament are to be calculated from and including the day on which he or she is elected as a member of Parliament and, except as provided by section 6 , cease to be payable on the day on which he or she ceases to be a member of Parliament.

6.   Parliamentary salary and allowances and benefits payable to member of House of Assembly ceasing to be member

Where a member of the House of Assembly ceases to be a member of that House by reason of the dissolution of that House or the expiry of that House by the effluxion of time, he or she is, notwithstanding the cessation of his or her membership of that House, entitled to continue to receive the parliamentary salary and allowances and benefits payable to that member until the day fixed for the taking of the poll next following the dissolution or expiry of that House.

7.   Apportionment

The Apportionment Act 1871 applies to and in relation to all remuneration that is payable by virtue of this Act as if the Crown were bound by that Act.

8.   Appropriation

[Section 8 Amended by No. 38 of 2020, Sched. 1, Applied:27 Nov 2020] Parliamentary salaries, employer superannuation contributions and allowances and benefits that are payable under this Act are payable out of the Public Account which, to the necessary extent, is appropriated accordingly.

9.   Further amendment of regulations not prevented

The amendment by this Act of a provision of any regulations does not prevent that or any other provision of those regulations from being amended or rescinded by a later regulation.

PART 5 - [Part 5 Heading inserted by No. 22 of 2015, s. 13, Applied:01 Jul 2015] Miscellaneous

10.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act in so far as it relates to the superannuation entitlements of members of Parliament is assigned to the Treasurer and the department responsible to the Treasurer in relation to the administration of this Act in so far as it relates to the superannuation entitlements of members of Parliament is the Department of Treasury and Finance; and

(b) the administration of this Act except in so far as it relates to the superannuation entitlements of members of Parliament is assigned to the Premier and the department responsible to the Premier in relation to the administration of this Act except in so far as it relates to the superannuation entitlements of members of Parliament is the Department of Premier and Cabinet.

10A.   Regulations

[Section 10A Inserted by No. 22 of 2015, s. 14, Applied:01 Jul 2015] The Governor may make regulations for the purposes of this Act.

11.   

See Schedule 7 .

12.   Legislation repealed

The legislation specified in Schedule 8 is repealed.

SCHEDULE 1 - Salaries Payable to Members of Parliament

Section 4(1)

PART 1 - Basic Salary

1.   Member to be paid basic salary

(1) Each member of Parliament is to be paid the basic salary.

(2) Notwithstanding subclause (1) , a member of Parliament may, by notice in writing given to the relevant officer, elect to be paid a salary, specified in the notice, that is less than the basic salary.

(3) A member of Parliament may withdraw a notice under subclause (2) by another notice in writing given to the relevant officer and, on any such withdrawal, the member of Parliament is to be paid the basic salary.

2.   Basic salary

(1) [Part 1 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] The basic salary that is determined to have effect for the financial year commencing on 1 July 2012 is the amount determined by the Auditor-General under clause 3(1) as in force immediately before the day on which the amending Act commences or is taken to have commenced.

(2) [Part 1 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] The basic salary that is determined to have effect for the financial year commencing on 1 July 2013 is the amount determined by the Auditor-General under clause 3(2) as in force immediately before the day on which the amending Act commences or is taken to have commenced.

(3) [Part 1 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] The basic salary that is determined to have effect for the 2014-2015 financial year is the basic salary that is determined under subclause (2) .

(4) [Part 1 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] The basic salary that is determined to have effect for the 2015-2016 financial year is $120 835.

(5) [Part 1 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] The basic salary that is determined to have effect for a period after the 2015-2016 financial year is –

(a) the basic salary specified in the provision, for the purposes of section 3D(2)(a) , that is included in a determination, in relation to the period, that has taken effect under section 3H ; or

(b) if –

(i) a determination in relation to the period has not been laid before both Houses; or

(ii) a determination in relation to the period has been laid before both Houses but the period in which it may be disallowed by a House under section 3G has not expired; or

(iii) a determination in relation to the period has been disallowed by both Houses under section 3G  –

the basic salary to which a member of Parliament was entitled under the most recent determination that was or is in effect under section 3H or subclause (4) .

3.   [Part 1 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

4.   [Part 1 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

PART 2 - Additional Salary Payable to Premier, Deputy Premier, Ministers of the Crown, Secretary to Cabinet and Certain Officers of the Parliament

1.   Additional salary payable to Premier, Deputy Premier, Ministers of the Crown, Secretary to Cabinet and certain officers of the Parliament

(1) [Part 2 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] In addition to the basic salary, an additional salary is payable to a member of Parliament who holds an office specified in Table 1 of subclause (2) or Table 2 of subclause (4) .

(2) [Part 2 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] The additional salary payable to a member of Parliament holding an office specified in Table 1 of this subclause is to be, for the 2015-2016 financial year, the percentage, of the basic salary, specified opposite the office in Schedule 4 .

Table 1

Premier

Deputy Premier

Minister

Secretary to Cabinet

Legislative Council

President

Leader for the Government

Chair of Committees

Deputy Leader for the Government

House of Assembly

Speaker

Chair of Committees

Leader of the Opposition

Deputy Leader of the Opposition

Government Whip

Opposition Whip

(3) [Part 2 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] The additional salary payable to a member of Parliament holding an office specified in Table 1 of subclause (2) is to be, for a period after the 2015-2016 financial year –

(a) the additional salary (which may be expressed as a percentage of the basic salary or as an amount), in relation to the office, that is specified in the provision,for the purposes of section 3D(2)(b) , that is included in a determination, in relation to the period, that has taken effect under section 3H ; or

(b) if –

(i) a determination in relation to the period has not been laid before both Houses; or

(ii) a determination in relation to the period has been laid before both Houses but the period in which it may be disallowed by a House under section 3G has not expired; or

(iii) a determination in relation to the period has been disallowed by both Houses under section 3G  –

the additional salary to which a person holding the office was entitled under the most recent determination that was or is in effect under section 3H or subclause (2).

(4) [Part 2 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] The additional salary payable to a member of Parliament holding the office specified in Table 2 of this subclause is to be, for the 2015-2016 financial year, the percentage, of the basic salary, specified opposite the office in Schedule 5 .

Table 2

House of Assembly

Leader of a recognised non-government party, other than the Opposition

(5) [Part 2 of Schedule 1 Amended by No. 22 of 2015, s. 15, Applied:01 Jul 2015] The additional salary payable to a member of Parliament holding the office specified in Table 2 of subclause (4) or an office determined by the Commission for the purposes of section 3D(2)(c) is to be, for a period after the 2015-2016 financial year –

(a) the additional salary (which may be expressed as a percentage of the basic salary or as an amount), in relation to the office, that is specified in the provision,for the purposes of section 3D(2)(c) , that is included in a determination, in relation to the period, that has taken effect under section 3H ; or

(b) if –

(i) a determination in relation to the period has not been laid before both Houses; or

(ii) a determination in relation to the period has been laid before both Houses but the period in which it may be disallowed by a House under section 3G has not expired; or

(iii) a determination in relation to the period has been disallowed by both Houses under section 3G  –

the additional salary to which a person holding the office was entitled under the most recent determination that was or is in effect under section 3H or subclause (4) .

2.   Payment of additional salary in relation to more than one office

(1) If a member of Parliament holds more than one office specified in clause 1 , the member is entitled to receive additional salary in respect of only one such office.

(2) If a member of Parliament holds more than one office specified in clause 1 , the member is entitled to be paid the amount of additional salary that is the highest amount applicable to those offices.

PART 3 - General Provisions Relating to Salaries

1.   Salary to be paid in equal instalments on certain dates

A parliamentary salary that is payable under the provisions of Parts 1 and 2 of this Schedule is to be paid by equal instalments on the fifteenth and last days of each month.

2.   Member of Parliament may elect to salary sacrifice

(1) Notwithstanding section 4 , a member of Parliament may elect, in writing to the relevant officer, at any time but not more than once in a period of one year, that his or her parliamentary salary determined in accordance with section 4 may be provided –

(a) in part by the payment of salary to the member of Parliament; and

(b) [Part 3 of Schedule 1 Amended by No. 54 of 2016, s. 83, Applied:31 Mar 2017] in part by the payment of employer superannuation contributions to an RSA or a regulated superannuation fund, which may include the default fund, within the meaning of the Public Sector Superannuation Reform Act 2016 .

(2) A member of Parliament who –

(a) [Part 3 of Schedule 1 Amended by No. 54 of 2016, s. 83, Applied:31 Mar 2017] is subject to the regulations, in relation to parliamentary superannuation, made under the Public Sector Superannuation Reform Act 2016 ; and

(b) elects to sacrifice some or all of his or her parliamentary salary in accordance with subclause (1)  –

is taken, for the purposes of paying superannuation contributions or receiving superannuation benefits under those regulations, to have received the parliamentary salary applicable to that member, notwithstanding the salary sacrifice.

(3) A member of Parliament who –

(a) is elected after 1 July 1999; and

(b) [Part 3 of Schedule 1 Amended by No. 54 of 2016, s. 83, Applied:31 Mar 2017] is not subject to the Retirement Benefits (Parliamentary Superannuation) Regulations 2002 or regulations made in substitution for those regulations; and

(c) elects to sacrifice some or all of his or her parliamentary salary under subclause (1)  –

is taken to have received the parliamentary salary applicable to him or her, notwithstanding the salary sacrifice.

(4) If a member of Parliament elects to sacrifice some or all of his or her salary under subclause (1) , the election has effect from the date of the election or from a later date specified in the election for that purpose.

SCHEDULE 2 - Allowances and Benefits to Which Members of Parliament are Entitled

Section 4(1)

1.   Allowances and benefits to which members of Parliament are entitled

(1) [Schedule 2 Amended by No. 22 of 2015, s. 16, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(2) [Schedule 2 Amended by No. 22 of 2015, s. 16, Applied:01 Jul 2015] The amounts of the allowances and benefits payable to members of Parliament for the 2015-2016 financial year are set out in Schedule 6 .

(3) [Schedule 2 Amended by No. 22 of 2015, s. 16, Applied:01 Jul 2015] The amounts of the allowances and benefits payable to a member of Parliament for a period after the 2015-2016 financial year are –

(a) the amounts of the allowances and benefits (which may be expressed as a percentage of the basic salary or as an amount) specified in the provisions, for the purposes of section 3D(2)(d) , that are included in a determination, in relation to the period, that has taken effect under section 3H ; or

(b) if –

(i) a determination in relation to the period has not been laid before both Houses; or

(ii) a determination in relation to the period has been laid before both Houses but the period in which it may be disallowed by a House under section 3G has not expired; or

(iii) a determination in relation to the period has been disallowed by both Houses under section 3G  –

the amounts of the allowances and benefits to which a member of Parliament was entitled under the most recent determination that was or is in effect under section 3H or subclause (2) .

(4) [Schedule 2 Amended by No. 22 of 2015, s. 16, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(5) [Schedule 2 Amended by No. 22 of 2015, s. 16, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(6) [Schedule 2 Amended by No. 22 of 2015, s. 16, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

2.   Certain other allowances and benefits to which members of Parliament or former members of Parliament are entitled

In addition to the allowances and benefits referred to in clause 1 , a member of Parliament or former member of Parliament, as the case may be, is entitled to the following:

(a) a benefit to which a member of Parliament or former member of Parliament is entitled under any superannuation scheme, arrangement or agreement;

(b) a benefit to which a member of Parliament is entitled under a personal accident and illness insurance policy;

(c) staff, office accommodation, equipment (including the capital and recurrent costs of that equipment), facilities and other resources provided to assist a member of Parliament in the performance of the member of Parliament's duties;

(d) the reimbursement of expenses incurred by a member of Parliament in the course of –

(i) representing the Parliament, with the approval of the presiding officer of the Legislative Council and the presiding officer of the House of Assembly, at any conference, activity or event connected with the member of Parliament's parliamentary duties; or

(ii) representing a House, with the approval of that House or the presiding officer of that House, at any conference, activity or event connected with the member of Parliament's parliamentary duties.

SCHEDULE 3 - Superannuation for Members of Parliament Elected After 1 July 1999

Section 4(3)

1.   Superannuation entitlements of members of Parliament

[Schedule 3 Amended by No. 6 of 2013, s. 10, Applied:13 May 2013] [Schedule 3 Amended by No. 54 of 2016, s. 84, Applied:31 Mar 2017] A person elected as a member of Parliament is taken to be an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .

2.   [Schedule 3 Amended by No. 54 of 2016, s. 84, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

3.   [Schedule 3 Amended by No. 54 of 2016, s. 84, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

SCHEDULE 4 - Relevant Provisions for Purposes of Clause 1(2) of Part 2 of Schedule 1

Clause 1(2) of Part 2 of Schedule 1

1.   Additional Salary

The percentage of the basic salary that is additional salary is –

Office	Per cent
Premier	115
Deputy Premier	82
Minister	70
Secretary to Cabinet	30
Legislative Council
President	35
Leader for the Government	70
Chair of Committees	20
Deputy Leader for the Government	35
House of Assembly
Speaker	35
Chair of Committees	20
Leader of the Opposition	70
Deputy Leader of the Opposition	35
Government Whip	6
Opposition Whip	6

SCHEDULE 5 - Relevant Provisions for Purposes of Clause 1(3) of Part 2 of Schedule 1

Clause 1(3) of Part 2 of Schedule 1

1.   Additional salary

The percentage of the basic salary that is additional salary is –

Office	Per cent
Leader of a recognised non-government party, other than the Opposition	35

SCHEDULE 6 - Relevant Provisions for Purposes of Clause 1(2) of Schedule 2

Clause 1(2) of Schedule 2

1.   Motor Vehicle Allowance

[Schedule 6 Amended by No. 22 of 2015, s. 18, Applied:01 Jul 2015] The Motor Vehicle Allowance on the commencement of this Act is $15 305 per annum.

2.   Electorate Allowance

[Schedule 6 Amended by No. 22 of 2015, s. 18, Applied:01 Jul 2015] The Electorate Allowances on the commencement of the amending Act are –

Legislative Council
Group 1	Apsley	$48 473 per annum
Group 2	Murchison	$44 644 per annum
	Western Tiers
Group 3	Derwent	$38 266 per annum
	Huon
Group 4	Montgomery	$35 716 per annum
	Rumney
Group 5	Mersey	$30 614 per annum
	Rosevears
	Windermere
	Elwick
	Nelson
	Launceston
	Pembroke
	Hobart
House of Assembly
Bass		$42 094 per annum
Braddon		$45 920 per annum
Denison		$30 614 per annum
Franklin		$36 991 per annum
Lyons		$51 024 per annum

3.   Committee Sitting Fees

There is payable to a member of a Standing Committee, including the Community Development and Environment, Resources and Development Committees, for each day on which the member attends a summoned meeting of a Committee at which a quorum is present, a sitting fee calculated on a daily basis, irrespective of the number of meetings, according to the following scale:

(a) in the case of a Chair of a Committee, at the rate of 0.12% of the annual amount of the basic salary for the time being;

(b) in the case of any other member of a Committee, at the rate of 0.10% of that annual amount.

4.   Telecommunications Allowance

(1) There is payable to each member of Parliament a Telecommunications Allowance.

(2) The Allowance is to be paid by way of reimbursement of –

(a) service and equipment charges for one telephone service installed in the member of Parliament's home, and 80% of all call charges applicable to that fixed line; and

(b) 80% of all charges for a mobile telephone –

except as outlined in subclause (3) .

(3) The Allowance in respect of a mobile telephone for the holder of the offices of the President of the Legislative Council, Speaker of the House of Assembly, Leader of the Opposition and Leader of a recognised non-government party, is to be unlimited.

5.   Entertainment Allowance

There is payable to a person holding an office specified in the first column of this clause an Entertainment Allowance of an amount equivalent to the percentage of the basic salary as specified in the second column.

Column 1	Column 2
Office	% of basic salary
Premier	12
President of the Legislative Council	6
Speaker of the House of Assembly	6

6.   Away From Home Travelling Allowance

(1) There is payable to a member of Parliament an Away From Home Travelling Allowance for expenses incurred while travelling on official parliamentary business.

(2) The rate of the Allowance is to be calculated in accordance with the Travel Allowance and Meal Allowance components prescribed from time to time by the Tasmanian State Service Award of the Commission.

(3) Where a member of Parliament exceeds the Allowance to which he or she is entitled, the member may, subject to any guidelines issued from time to time by the Government, claim an allowance by way of reimbursement of expenses, at the rate equivalent to the actual expenses incurred, on submission of documentary evidence of those expenses.

(4) The Allowances referred to in subclauses (2) and (3) are mutually exclusive and a member must claim either the Travelling Allowance referred to in subclause (2) or the reimbursement of actual expenses referred to in subclause (3) .

7.   Bass Strait Islands Travelling Allowance

(1) There is payable to any member of Parliament travelling to the Bass Strait Islands on official parliamentary business a Bass Strait Islands Travelling Allowance.

(2) The Bass Strait Islands Travelling Allowance is payable by way of reimbursement of expenses incurred by members of Parliament.

8.   Taxi Allowance

(1) In order to avoid the necessity for a ministerial driver to be on call, there is payable to a Minister a Taxi Allowance.

(2) A Taxi Allowance is paid by way of a taxi voucher.

SCHEDULE 7 - Consequential Amendments

The amendments effected by Section 11 and this Schedule have been incorporated into authorised versions of the following Acts and Statutory Rules:

(a) Judicial Review Act 2000 ;

(b) Parliamentary Salaries, Superannuation and Allowances Act 1973 ;

(c) Parliamentary Salaries, Superannuation and Allowances Act 2012 ;

(d) Parliamentary Salary and Allowances Act 1962 ;

(e) Public Sector Superannuation Reform Act 1999 ;

(f) Retirement Benefits (Parliamentary Superannuation) Regulations 2002 .

SCHEDULE 8 - Legislation repealed

Section 12