MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - TABLE OF PROVISIONS PART 1--INTRODUCTION 1. Short title [see Note 1] 2. Commencement 3. Simplified outline 4. Definitions 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 4--SPOUSES OR DE FACTO PARTNERS OF SITTING MEMBERS 12. Spouses or de facto partners of sitting 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 former Prime Minister 23. Stop-over by spouse or de facto partner of former member 24. Stop-over by spouse or de facto partner of sitting member 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 31. Appropriation 32. Compensation--constitutional safety net 33. Unauthorised travel--recovery of expenses 34. Transitional period 35. Regulations SCHEDULE 1 Transitional period MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 1 Short title [see Note 1] This Act may be cited as the Members of Parliament (Life Gold Pass) Act 2002. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 3 Simplified outline The following is a simplified outline of this Act: • This Act sets out the entitlements of holders of a Life Gold Pass. • The basic rules are as follows: (a) a former Prime Minister is entitled to a maximum of 40 domestic return trips per year; (b) other pass-holders are entitled to a maximum of 25 domestic return trips per year. • This Act also deals with travel by: (a) spouses or de facto partners of pass-holders; and (b) surviving spouses or de facto partners of deceased pass-holders; and (c) the spouses or de facto partners of sitting members who have satisfied the qualifying period for the issue of a Life Gold Pass. • 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 Life Gold Pass travel and severance travel. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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 is: (a) wholly within Australia; and (b) not for a commercial purpose; and (c) 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. "former member" means a person who has retired from the Parliament. "holder of a Life Gold Pass" means a former member who, on retirement from the Parliament, was qualified to hold a Life Gold Pass. Note 1: A person who retired from the Parliament after the commencement of this section may have been qualified to hold a Life Gold Pass under a determination of the Remuneration Tribunal. Note 2: A person who retired from the Parliament before the commencement of this section may have been qualified to hold a Life Gold Pass under a determination of the Remuneration Tribunal or under a scheme that was in existence under the executive power of the Commonwealth. "member" means a member of either House of the Parliament. "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. "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 Life Gold Pass 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. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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 Life Gold Pass; 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 Life Gold Pass on retirement from the Parliament. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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 member. (3) If: (a) the surviving spouse or de facto partner of a former member has entitlements under this Act in relation to: (i) the 12-month period beginning at the time of the death of the former member 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 member has entitlements under this Act only in relation to: (a) the 12-month period beginning at the time of the death of the former member 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. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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. (2) Only one spouse or de facto partner of a person may be nominated at any time. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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. (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. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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) has retired from the Parliament; and (b) is the holder of a Life Gold Pass a maximum of 40 domestic return trips per year. 2 the spouse or de facto partner of a former Prime Minister, where the former Prime Minister: (a) has retired from the Parliament; and (b) is the holder of a Life Gold Pass a maximum of 40 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)). 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 trip is not for the purpose of accompanying or joining the former Prime Minister. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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 Life Gold Pass a maximum of 25 domestic return trips per year. 2 the spouse or de facto partner of a former member, where the former member is the holder of a Life Gold Pass a maximum of 25 domestic return trips per year, so long as each trip is for the purpose of accompanying or joining the former member. 3 the surviving spouse or de facto partner of a former member, where the former member: (a) was the holder of a Life Gold Pass at the time of his or her death; and (b) died after the commencement of this section 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 member; (b) a maximum of 5 domestic return trips in the next succeeding 12-month period; so long as each trip is completed before the end of that next succeeding 12-month period. 4 the surviving spouse or de facto partner of a former member, where the former member: (a) retired from the Parliament on or after 1 June 1976; and (b) was the holder of a Life Gold Pass at the time of his or her death; and (c) died during the 12-month period preceding the commencement of this section the following: (a) a maximum of 10 domestic return trips in the 12-month period beginning at the commencement of this section; (b) a maximum of 5 domestic return trips in the next succeeding 12-month period; so long as each trip is completed before the end of that next succeeding 12-month period. 5 the surviving spouse or de facto partner of a former member, where the former member: (a) retired from the Parliament before 1 June 1976; and (b) was the holder of a Life Gold Pass at the time of his or her death; and (c) died before the commencement of this section the following: (a) a maximum of 10 domestic return trips in the 12-month period beginning at the commencement of this section; (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 (3) Subsection (2) has effect subject to section 14 (pro-rata adjustments). MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 12 Spouses or de facto partners of sitting members Scope (1) This section applies if a member has satisfied the relevant qualifying period for the issue of a Life Gold Pass. Entitlements (2) The following table has effect: Entitlements Item This person... is entitled to... 1 the spouse or de facto partner of the Prime Minister a maximum of 40 domestic return trips to Canberra per year, so long as each trip is for the purpose of accompanying or joining the Prime Minister. 2 the spouse or de facto partner of a member, where the member has held office as Prime Minister a maximum of 40 domestic return trips to Canberra per year, so long as each trip is for the purpose of accompanying or joining the member. 3 the spouse or de facto partner of a member, where the member never held office as Prime Minister a maximum of 25 domestic return trips to Canberra per year, so long as each trip is for the purpose of accompanying or joining the member. Pro-rata adjustments (3) Subsection (2) has effect subject to section 14 (pro-rata adjustments). Additional entitlements (4) Entitlements under subsection (2) are in addition to: (a) any entitlements under a determination of the Remuneration Tribunal that do not relate to qualification for a Life Gold Pass; or (b) any entitlements under the Parliamentary Entitlements Act 1990. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 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 former member or member during a year; (c) a pro-rata adjustment where, during a year, a member satisfies the relevant qualifying period for the issue of a Life Gold Pass. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 14 Pro-rata adjustments (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 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 or 3 to a person who is the spouse or de facto partner of a former member either or both of the following happens during a year: (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 member at a time when the former member was retired from the Parliament; (b) the former member retires from the Parliament. whichever is the later of the following days: (a) the start day for the nomination under section 9B; (b) the day after the day on which the former member retires from the Parliament. 3 item 1, 2 or 3 of a table in Part 4 to a person who is the spouse or de facto partner of a member either or both of the following happens during a year: (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 member; (b) the member first satisfies the relevant qualifying period for the issue of a Life Gold Pass whichever is the later of the following days: (a) the start day for the nomination under section 9B; (b) the day on which the member first satisfied the relevant qualifying period for the issue of a Life Gold Pass. Pro-rating of entitlement (2) The number of domestic return trips for the purposes of the table is the lower of: (a) the number of trips worked out using the formula in subsection (2A); and (b) the difference between: (i) the maximum number of trips specified in the relevant item of the table in Part 2, 3 or 4 for a spouse or de facto partner of the member or former member; and (ii) the number of trips (if any) already taken in the year by a spouse or de facto partner of the member or former member previously nominated under section 9B. (2A) For the purposes of paragraph (2)(a), the formula is: [GRAPHIC] 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 number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half-way between 2 whole numbers). MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 15 Simplified outline The following is a simplified outline of this Part: • 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 Life Gold Pass travel and severance travel. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 16 When this Part applies--superannuation order made in relation to a person convicted of a corruption offence Scope (1) This Part applies to a person if: (a) a superannuation order is or was made in relation to the person under the Crimes (Superannuation Benefits) Act 1989 on or after 11 June 2002; and (b) the order relates to the person's conviction of a corruption offence that was committed when the person was a member; and (c) the order was not revoked before the commencement of this Part. DPP to notify order to the Minister (2) As soon as practicable after the order is made, the DPP must give written notice of the fact to the Minister. Pre-commencement orders (3) If the order was made before the commencement of this Part, this Part has effect as if the order had been made immediately after the commencement of this Part. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 17 Consequences of order The following table has effect: Consequences of order Item If... the consequence of the making of the order is that... 1 the person was the holder of a Life Gold Pass when the order was made the person is taken to have ceased to be the holder of a Life Gold Pass and, if a Life Gold Pass had been issued to the person before the order was made: (a) the Life Gold Pass is cancelled; and (b) the person must return the Life Gold Pass to the Minister within 14 days after the order was made. 2 both of the following conditions are satisfied: (a) the person was not the holder of a Life Gold Pass when the order was made; (b) the person had satisfied the relevant qualifying period for the issue of a Life Gold Pass when the order was made the person is taken to have ceased to satisfy the relevant qualifying period for the issue of a Life Gold Pass. 3 the following conditions are satisfied: (a) the person was not the holder of a Life Gold Pass when the order was made; (b) the person had not satisfied the relevant qualifying period for the issue of a Life Gold Pass when the order was made the person is incapable of satisfying the relevant qualifying period for the issue of a Life Gold Pass. 4 the person is not the holder of a Life Gold Pass the person is not entitled to severance travel. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 18 Revocation of order DPP to notify revocation to the Minister (1) If the order is revoked, the DPP must give written notice of the fact to the Minister. Effect of revocation of order (2) If the order is revoked, the following table has effect: Effect of revocation Item If... the effect of the revocation of the order is that... 1 the person's Life Gold Pass was cancelled under item 1 of the table in section 17 the Life Gold Pass is to be restored to the person as soon as practicable. 2 the person was the holder of a Life Gold Pass when the order was made the person is taken to have resumed being the holder of a Life Gold Pass. 3 both of the following conditions are satisfied: (a) the person was not the holder of a Life Gold Pass when the order was made; (b) the person had satisfied the relevant qualifying period for the issue of a Life Gold Pass when the order was made the person is taken to have resumed satisfying the relevant qualifying period for the issue of a Life Gold Pass. 4 the following conditions are satisfied: (a) the person was not the holder of a Life Gold Pass when the order was made; (b) the person had not satisfied the relevant qualifying period for the issue of a Life Gold Pass when the order was made item 3 of the table in section 17 is to be disregarded in determining whether the person satisfies the relevant qualifying period for the issue of a Life Gold Pass. 5 the person is not the holder of a Life Gold Pass the person is taken to have resumed his or her entitlement to severance travel, but the period during which the person is eligible for severance travel is extended by one day for each day in the period: (a) beginning when the order was made; and (b) ending when the order was revoked. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 19 Revocation of order--compensatory travel (1) If the order is revoked, the following table has effect: Compensatory travel entitlements Item If, at the time of revocation... the Minister may determine in writing that... 1 The person is a former member in addition to any other entitlements of the person, the person is entitled to such number of additional domestic return trips as the Minister considers to be fair recompense to the person. 2 The person is a former member, and has a spouse or de facto partner in addition to any other entitlements of the spouse or de facto partner, the spouse or de facto partner is entitled to such number of additional domestic return trips as the Minister considers to be fair recompense to the spouse or de facto partner, so long as each additional trip is for the purpose of accompanying or joining the former member. (2) If a determination under subsection (1) is made before the 28th day after the day on which this Act receives the Royal Assent, the determination takes effect on that 28th day. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 20 Simplified outline The following is a simplified outline of this Part: • If a person's domestic return trip has a stop-over that is longer than 24 hours, the person is taken to have completed an additional 0.5 domestic return trips. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 21 Stop-over--general rule For the purposes of this Act, if: (a) a former member, or the surviving spouse or de facto partner of a former member, undertakes a domestic return trip; and (b) the return trip uses an entitlement of the former member, or the surviving spouse or de facto partner, as the case may be, under this Act; and (c) there are one or more stop-overs that satisfy the following conditions: (i) the stop-over is longer than 24 hours; (ii) none of the circumstances surrounding the stop-over are circumstances of a kind declared by the regulations to be exceptional circumstances; then, for each such stop-over, the former member, or the surviving spouse or de facto partner, as the case may be, is taken to have completed an additional 0.5 domestic return trips at the time when the return trip was completed. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 22 Stop-over by spouse or de facto partner of former Prime Minister For the purposes of this Act, if: (a) the spouse or de facto partner of a former Prime Minister undertakes a domestic return trip; and (b) the former Prime Minister has retired from the Parliament; and (c) the return trip uses an entitlement of the spouse or de facto partner under this Act; and (d) there are one or more stop-overs that satisfy the following conditions: (i) the stop-over is longer than 24 hours; (ii) none of the circumstances surrounding the stop-over are circumstances of a kind declared by the regulations to be exceptional circumstances; then, for each such stop-over, the spouse or de facto partner is taken to have completed an additional 0.5 domestic return trips: (e) at the time when the return trip was completed; and (f) if the return trip was for the purpose of accompanying or joining the former Prime Minister--for that purpose; and (g) if the return trip was not for the purpose of accompanying or joining the former Prime Minister--otherwise than for the purpose of accompanying or joining the former Prime Minister. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 23 Stop-over by spouse or de facto partner of former member For the purposes of this Act, if: (a) the spouse or de facto partner of a former member undertakes a domestic return trip; and (b) the former member never held office as Prime Minister; and (c) the return trip uses an entitlement of the spouse or de facto partner under this Act; and (d) there are one or more stop-overs that satisfy the following conditions: (i) the stop-over is longer than 24 hours; (ii) none of the circumstances surrounding the stop-over are circumstances of a kind declared by the regulations to be exceptional circumstances; then, for each such stop-over, the spouse or de facto partner is taken to have completed an additional 0.5 domestic return trips: (e) at the time when the return trip was completed; and (f) for the purpose of accompanying or joining the former member. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 24 Stop-over by spouse or de facto partner of sitting member For the purposes of this Act, if: (a) the spouse or de facto partner of a member undertakes a domestic return trip to Canberra; and (b) the return trip uses an entitlement of the spouse or de facto partner under this Act; and (c) there are one or more stop-overs that satisfy the following conditions: (i) the stop-over is longer than 24 hours; (ii) none of the circumstances surrounding the stop-over are circumstances of a kind declared by the regulations to be exceptional circumstances; then, for each such stop-over, the spouse or de facto partner is taken to have completed an additional 0.5 domestic return trips to Canberra: (d) at the time when the return trip was completed; and (e) for the purpose of accompanying or joining the member. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 25 Entitlement limited to travel A person's entitlement under this Act to a domestic return trip is limited to travel at the expense of the Commonwealth on the scheduled transport service or services concerned. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 26 Class of travel Travel under this Act on a domestic return trip is to be at the same class of travel determined from time to time by the Remuneration Tribunal for a member. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 27 Entitlements not transferable A person's entitlement to travel under this Act cannot be transferred to, or used by, another person. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 28 Entitlements cannot be carried forward etc. (1) If a person has entitlements under this Act in relation to a particular year, an unused entitlement cannot be carried forward from that year to a later year. (2) If the surviving spouse or de facto partner of a former member has entitlements under this Act in relation to a particular 12-month period, an unused entitlement cannot be carried forward from that 12-month period to a later 12-month period. (3) A person's entitlement to travel under this Act cannot be used or anticipated before the year or period in which the entitlement accrues. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 29 Use of official frequent flyer points (1) If: (a) a person has accrued frequent flyer points as a result of travel at the expense of the Commonwealth; and (b) as a result of a choice by the person, any or all of those points are used to enable the person, or the person's spouse or de facto partner, to travel on a domestic return trip; and (c) if the points had not been used, the traveller would have been entitled to the return trip under this Act; the traveller is taken to have used an entitlement under this Act in relation to the return trip. (2) This section applies to frequent flyer points accrued before, at or after the commencement of this section. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 30 Determinations of the Remuneration Tribunal Inconsistency (1) A determination of the Remuneration Tribunal has no effect to the extent to which it is inconsistent with this Act. Qualification for a Life Gold Pass (2) A determination of the Remuneration Tribunal is to make provision for the circumstances in which a member will, on retirement from the Parliament, qualify for a Life Gold Pass. (3) A determination may provide for different circumstances for different kinds of members. Pre-commencement trips (4) This Act (other than Part 6) does not affect an entitlement under a determination of the Remuneration Tribunal in relation to a return trip that began before the commencement of this section (even if the trip is completed after the commencement of this section). Severance travel (5) This Act (other than Part 6) does not affect: (a) clauses 8.1 to 8.6 of Determination 1998/26 (as amended) of the Remuneration Tribunal; or (b) the corresponding provisions of another determination of the Remuneration Tribunal (whether made before or after the commencement of this section). MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 31 Appropriation The cost of travel under this Act is to be paid out of the Consolidated Revenue Fund, which is appropriated for the purpose. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 32 Compensation--constitutional safety net (1) If: (a) the operation of this Act would result in the acquisition of property otherwise than on just terms; and (b) the acquisition would not be valid, apart from this section, because a particular person has not been compensated; the Commonwealth is liable to pay a reasonable amount of compensation to the person. (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines. (3) In this section: "acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution. "just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 33 Unauthorised travel--recovery of expenses (1) If: (a) a person travels at the expense of the Commonwealth; and (b) the travel is purportedly authorised under: (i) this Act; or (ii) paragraph 2.25(b) or clause 7.1, 7.4 or 7.5 of Determination 1998/26 (as amended) of the Remuneration Tribunal, or a corresponding provision of another determination of the Remuneration Tribunal made before the commencement of this section; or (iii) clause 8.1 of Determination 1998/26 (as amended) of the Remuneration Tribunal, or a corresponding provision of another determination of the Remuneration Tribunal (whether made before or after the commencement of this section); and (c) the person was not eligible to travel at the expense of the Commonwealth; the person is liable to pay to the Commonwealth an amount equal to the amount of the expenses incurred by the Commonwealth. Action for recovery of expenses (2) The amount may be recovered, as a debt due to the Commonwealth by the person, by action in a court of competent jurisdiction. Transitional--subparagraph (1)(b)(ii) (3) Subparagraph (1)(b)(ii) does not apply to travel that occurred after the commencement of section 30 unless the travel is part of a return trip that began before the commencement of that section. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 34 Transitional period Schedule 1 has effect. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SECT 35 Regulations The Governor-General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - SCHEDULE 1 Transitional period Note: See section 34 Part 1 --Introduction 1 Definition In this Schedule: "transitional period" means the period: (a) beginning on the 28th day after the day on which this Act receives the Royal Assent; and (b) ending on 30 June 2003. 2 When return trip is in the transitional period For the purposes of this Act, if a return trip begins in the transitional period, the trip is taken to be in the transitional period (even if the trip is completed after the end of the transitional period). Part 2 --Former Prime Ministers who have retired from the Parliament 3 Transitional period Entitlements (1) The following table has effect: Entitlements Item This person... is entitled to... 1 a former Prime Minister who: (a) has retired from the Parliament; and (b) is the holder of a Life Gold Pass a maximum of N domestic return trips in the transitional period (where N is the transitional number). 2 the spouse of a former Prime Minister, where the former Prime Minister: (a) has retired from the Parliament; and (b) is the holder of a Life Gold Pass a maximum of N domestic return trips in the transitional period (where N is the transitional number), so long as no more than 10 of those trips are non-accompanying/joining trips (as defined by subclause (5)). Pro-rata adjustments (2) Subclause (1) has effect subject to clause 8 (pro-rata adjustments). Transitional number (3) For the purposes of this clause, the transitional number is the number worked out using the formula: [GRAPHIC] (4) A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half-way between 2 whole numbers). Non-accompanying/joining trip (5) For the purposes of this clause, a domestic return trip by the spouse of a former Prime Minister is a non-accompanying/joining trip if the trip is not for the purpose of accompanying or joining the former Prime Minister. Part 3 --Former members 4 Transitional period Scope (1) This clause 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 Life Gold Pass a maximum of N domestic return trips in the transitional period (where N is the transitional number). 2 the spouse of a former member, where the former member is the holder of a Life Gold Pass a maximum of N domestic return trips in the transitional period (where N is the transitional number), so long as each trip is for the purpose of accompanying or joining the former member. Pro-rata adjustments (3) Subclause (2) has effect subject to: (a) clause 5 (total number of domestic return trips); and (b) clause 8 (pro-rata adjustments). Transitional number (4) For the purposes of this clause, the transitional number is the number worked out using the formula: [GRAPHIC] (5) A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half-way between 2 whole numbers). 5 Adjustment--total number of domestic return trips in the financial year beginning on 1 July 2002 Scope (1) This clause applies if: (a) a former member retired from the Parliament before the commencement of this clause; and (b) the former member became the holder of a Life Gold Pass on retirement from the Parliament; and (c) if this Act had not been enacted, the former member would have been entitled to travel, at the expense of the Commonwealth, up to a maximum of 25 domestic return trips (or a pro-rata rounded number of domestic return trips) in the financial year beginning on 1 July 2002; and (d) the former member never held office as Prime Minister. Former member (2) The total number of domestic return trips which the former member may undertake in that financial year in his or her capacity of holder of a Life Gold Pass must not exceed 25, or the pro-rata rounded number, as the case requires. Spouse of former member (3) The total number of domestic return trips which the spouse of the former member may undertake in that financial year in his or her capacity of spouse of a holder of a Life Gold Pass must not exceed 25, or the pro-rata rounded number, as the case requires. When return trip is in a financial year (4) For the purposes of this clause, if a return trip begins in a particular financial year, the trip is taken to be in that year (even if the trip is completed after the end of that year). Part 4 --Spouses of sitting members 6 Transitional period Scope (1) This clause applies if a member has satisfied the relevant qualifying period for the issue of a Life Gold Pass. Entitlements (2) The following table has effect: Entitlements Item This person... is entitled to... 1 the spouse of the Prime Minister a maximum of N domestic return trips to Canberra in the transitional period (where N is the first transitional number), so long as each trip is for the purpose of accompanying or joining the Prime Minister. 2 the spouse of a member, where the member has held office as Prime Minister a maximum of N domestic return trips to Canberra in the transitional period (where N is the first transitional number), so long as each trip is for the purpose of accompanying or joining the member. 3 the spouse of a member, where the member never held office as Prime Minister a maximum of N domestic return trips to Canberra in the transitional period (where N is the second transitional number), so long as each trip is for the purpose of accompanying or joining the member. Pro-rata adjustments (3) Subclause (2) has effect subject to clause 8 (pro-rata adjustments). Additional entitlements (4) Entitlements under subclause (2) are in addition to: (a) any entitlements under a determination of the Remuneration Tribunal that do not relate to qualification for a Life Gold Pass; or (b) any entitlements under the Parliamentary Entitlements Act 1990. First transitional number (5) For the purposes of this clause, the first transitional number is the number worked out using the formula: [GRAPHIC] (6) A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half-way between 2 whole numbers). Second transitional number (7) For the purposes of this clause, the second transitional number is the number worked out using the formula: [GRAPHIC] (8) A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half-way between 2 whole numbers). Part 5 --Pro-rata adjustments 7 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 the transitional period; (b) a pro-rata adjustment where a person becomes the spouse of a former member or member during the transitional period; (c) a pro-rata adjustment where, during the transitional period, a member satisfies the relevant qualifying period for the issue of a Life Gold Pass. 8 Pro-rata adjustments (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 the transitional period as if the number of domestic return trips specified in the item were the number worked out using the pro-rating formula in subclause (2), where the remaining period begins on... 1 item 1 of a table in Part 2 or 3 of this Schedule to a former member the former member retires from the Parliament during the transitional period the day after the day on which the former member retires from the Parliament. 2 item 2 of a table in Part 2 or 3 of this Schedule to a person who is the spouse of a former member either or both of the following events happens during the transitional period: (a) the person becomes the spouse of the former member at a time when the former member was retired from the Parliament; (b) the former member retires from the Parliament. whichever is the later of the following days: (a) the day on which the person become the spouse of the former member; (b) the day after the day on which the former member retires from the Parliament. 3 item 1, 2 or 3 of a table in Part 4 of this Schedule to a person who is the spouse of a member either or both of the following events happens during the transitional period: (a) the person becomes the spouse of the member; (b) the member first satisfies the relevant qualifying period for the issue of a Life Gold Pass whichever is the later of the following days: (a) the day on which the person became the spouse of the member; (b) the day on which the member first satisfied the relevant qualifying period for the issue of a Life Gold Pass. Pro-rating formula (2) The pro-rating formula is: [GRAPHIC] where: "remaining period" means the period: (a) beginning on the day worked out using the table; and (b) ending at the end of the transitional period. (3) A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half-way between 2 whole numbers). Part 6 --Entitlements cannot be carried forward 9 Entitlements cannot be carried forward If a person has entitlements under this Act in relation to the transitional period, an unused entitlement cannot be carried forward from the transitional period to a year. MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - NOTES Act No. 110 of 2002 as amended This compilation was prepared on 18 December 2008 taking into account amendments up to Act No. 144 of 2008 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part 1--Introduction 1 1............ Short title [see Note 1] ....................................................................... 1 2............ Commencement [see Note 1] .............................................................. 1 3............ Simplified outline ................................................................................ 2 4............ Definitions .......................................................................................... 3 5............ Retirement from the Parliament .......................................................... 5 6............ Death of sitting member ..................................................................... 5 7............ When return trip is wholly within Australia ...................................... 6 8............ Stop-over does not affect continuity of trip ...................................... 6 9............ When return trip is in a year etc. ........................................................ 6 9A......... Entitlement of spouses and de facto partners .................................... 7 9B......... Nomination of spouse or de facto partner .......................................... 7 Part 2--Former Prime Ministers who have retired from the Parliament 9 10.......... Former Prime Ministers who have retired from the Parliament ......... 9 Part 3--Former members 11 11.......... Former members ............................................................................... 11 Part 4--Spouses or de facto partners of sitting members 13 12.......... Spouses or de facto partners of sitting members .............................. 13 Part 5--Pro-rata adjustments 15 13.......... Simplified outline .............................................................................. 15 14.......... Pro-rata adjustments ......................................................................... 15 Part 6--Disqualification of person convicted of a corruption offence 19 15.......... Simplified outline .............................................................................. 19 16.......... When this Part applies--superannuation order made in relation to a person convicted of a corruption offence 19 17.......... Consequences of order ...................................................................... 20 18.......... Revocation of order .......................................................................... 21 19.......... Revocation of order--compensatory travel ..................................... 22 Part 7--Stop-overs of more than 24 hours 23 20.......... Simplified outline .............................................................................. 23 21.......... Stop-over--general rule .................................................................... 23 22.......... Stop-over by spouse or de facto partner of former Prime Minister 23 23.......... Stop-over by spouse or de facto partner of former member ............ 24 24.......... Stop-over by spouse or de facto partner of sitting member ............. 25 Part 8--Miscellaneous 26 25.......... Entitlement limited to travel ............................................................. 26 26.......... Class of travel ................................................................................... 26 27.......... Entitlements not transferable ............................................................ 26 28.......... Entitlements cannot be carried forward etc. ..................................... 26 29.......... Use of official frequent flyer points ................................................. 26 30.......... Determinations of the Remuneration Tribunal ................................. 27 31.......... Appropriation .................................................................................. 28 32.......... Compensation--constitutional safety net ........................................ 28 33.......... Unauthorised travel--recovery of expenses ..................................... 28 34.......... Transitional period ........................................................................... 29 35.......... Regulations ....................................................................................... 29 Schedule 1--Transitional period 30 Part 1--Introduction 30 1............ Definition .......................................................................................... 30 2............ When return trip is in the transitional period ................................... 30 Part 2--Former Prime Ministers who have retired from the Parliament 31 3............ Transitional period ........................................................................... 31 Part 3--Former members 33 4............ Transitional period ........................................................................... 33 5............ Adjustment--total number of domestic return trips in the financial year beginning on 1 July 2002 34 Part 4--Spouses of sitting members 36 6............ Transitional period ........................................................................... 36 Part 5--Pro-rata adjustments 38 7............ Simplified outline .............................................................................. 38 8............ Pro-rata adjustments ......................................................................... 38 Part 6--Entitlements cannot be carried forward 41 9............ Entitlements cannot be carried forward ............................................ 41 Notes 43 An Act about Life Gold Passes, and for other purposes MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 - NOTES Notes to the Members of Parliament (Life Gold Pass) Act 2002 Note 1 The Members of Parliament (Life Gold Pass) Act 2002 as shown in this compilation comprises Act No. 110, 2002 amended as indicated in the Tables below. For all relevant information pertaining to application, saving or transitional provisions see Table A. Table of Acts Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions Members of Parliament (Life Gold Pass) Act 2002 110, 2002 2 Dec 2002 Ss. 3, 9-14, 20-31, 34, 35 and Schedule 1: 30 Dec 2002 Remainder: Royal Assent Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 144, 2008 9 Dec 2008 Schedule 7 (items 16-48): 10 Dec 2008 Sch. 7 (item 48) Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected Part 1 Ss. 3, 4................................. am. No. 144, 2008 Subhead. to s. 9(2).............. rs. No. 144, 2008 S. 9....................................... am. No. 144, 2008 Ss. 9A, 9B............................ ad. No. 144, 2008 Part 2 S. 10..................................... am. No. 144, 2008 Part 3 S. 11..................................... am. No. 144, 2008 Part 4 Heading to Part 4.................. rs. No. 144, 2008 Heading to s. 12................... am. No. 144, 2008 S. 12..................................... am. No. 144, 2008 Part 5 Ss. 13, 14............................. am. No. 144, 2008 Part 6 S. 19..................................... am. No. 144, 2008 Part 7 S. 21..................................... am. No. 144, 2008 Heading to s. 22................... am. No. 144, 2008 S. 22..................................... am. No. 144, 2008 Heading to s. 23................... am. No. 144, 2008 S. 23..................................... am. No. 144, 2008 Heading to s. 24................... am. No. 144, 2008 S. 24..................................... am. No. 144, 2008 Part 8 Ss. 28, 29............................. am. No. 144, 2008 Table A Application, saving or transitional provisions Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 (No. 144, 2008) Schedule 7 48 Transitional and application provision for amendments of the Members of Parliament (Life Gold Pass) Act 2002 Spouses entitled before commencement (1) If, immediately before the commencement of the amendments of the Members of Parliament (Life Gold Pass) Act 2002 made by this Schedule, the spouse of a person was entitled to domestic return trips under that Act, the following provisions of that Act apply as if the spouse were nominated under section 9B of that Act: (a) sections 9A and 9B; (b) the definition of surviving spouse or de facto partner in section 4. (2) Subitem (1) does not prevent a person from revoking a nomination, or giving a subsequent nomination, under section 9B of that Act. Spouses or de facto partners who become entitled on commencement (3) If: (a) on or after the commencement of the amendments of the Members of Parliament (Life Gold Pass) Act 2002 made by this Schedule, a person makes a nomination under section 9B of that Act; and (b) the nomination names someone who was the spouse or de facto partner of the person on the day on which the amendments commenced; the start day for the nomination cannot be earlier than the day on which the amendments commenced. Application of amendments to surviving spouses or de facto partners (4) The amendments of the Members of Parliament (Life Gold Pass) Act 2002 made by this Schedule apply in relation to entitlements to domestic return trips for the surviving spouse or de facto partner of a person if the person's death occurs on or after the commencement of the amendments. Application of amendments to widows and widowers (5) If, immediately before the commencement of the amendments of the Members of Parliament (Life Gold Pass) Act 2002 made by this Schedule, a person was the widow of a deceased man or the widower of a deceased woman within the meaning of that Act, the person is, after commencement, taken to be the surviving spouse or de facto partner of the man or woman within the meaning of that Act as amended.