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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Parliamentary Business Resources
Amendment (Voluntary Opt-out) Bill
2017
No. , 2017
(Senator Roberts)
A Bill for an Act to amend the Parliamentary
Business Resources Act 2017 to provide for
members of the Parliament to voluntarily opt-out of
payment of certain remuneration and allowances,
and for related purposes
No. , 2017
Parliamentary Business Resources Amendment (Voluntary Opt-out)
Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Parliamentary Business Resources Act 2017
3
No. , 2017
Parliamentary Business Resources Amendment (Voluntary Opt-out)
Bill 2017
1
A Bill for an Act to amend the Parliamentary
1
Business Resources Act 2017 to provide for
2
members of the Parliament to voluntarily opt-out of
3
payment of certain remuneration and allowances,
4
and for related purposes
5
The Parliament of Australia enacts:
6
1 Short title
7
This Act is the Parliamentary Business Resources Amendment
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(Voluntary Opt-out) Act 2017.
9
2
Parliamentary Business Resources Amendment (Voluntary Opt-out)
Bill 2017
No. , 2017
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
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3 Schedules
13
Legislation that is specified in a Schedule to this Act is amended or
14
repealed as set out in the applicable items in the Schedule
15
concerned, and any other item in a Schedule to this Act has effect
16
according to its terms.
17
Amendments Schedule 1
No. , 2017
Parliamentary Business Resources Amendment (Voluntary Opt-out)
Bill 2017
3
Schedule 1--Amendments
1
2
Parliamentary Business Resources Act 2017
3
1 Section 5
4
Insert:
5
relevant presiding officer means:
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(a) for a person who is or will be a senator--the President of the
7
Senate; or
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(b) for a person who is a member of the House of
9
Representatives--the Speaker of the House of
10
Representatives.
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2 Section 13
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After:
13
A person may elect to sacrifice part of the base salary and instead
14
have contributions made to a superannuation fund or retirement
15
savings account.
16
Insert:
17
A person may elect to forgo a percentage or amount of the
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remuneration that he or she would otherwise expect to receive.
19
3 At the end of Part 2
20
Add:
21
Division 4--Voluntary opt-out from being paid
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remuneration
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23A When may a person elect to forgo remuneration
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A person who is or will be a senator, or who is a member of the
25
House of Representatives, may make an election as described in
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section 23B. The election may be made at any time.
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Schedule 1 Amendments
4
Parliamentary Business Resources Amendment (Voluntary Opt-out)
Bill 2017
No. , 2017
23B The nature of the election
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The person may elect to forgo a percentage or amount of the
2
remuneration that he or she would otherwise expect to receive.
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Note:
An election can be varied or revoked (see sections 23F and 23G).
4
23C How to make an election
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(1) An election must be in writing and be signed by the person.
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(2) The election must:
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(a) specify the percentage or amount (the specified opt-out
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amount) of remuneration that is forgone; and
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(b) specify the date (the start date) from which the election is to
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have effect, being a date that is the first day of the next
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calendar month in which the election is made, or the first day
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of a later calendar month; and
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(c) contain such other information (if any) as is required by the
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regulations.
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(3) The specified opt-out amount must be either:
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(a) a specified percentage of the monthly amount of
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remuneration; or
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(b) a specified amount per calendar month.
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(4) The election must be given to the relevant presiding officer for the
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person.
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(5) For the purposes of paragraph (2)(b), the election is made when it
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is given to the relevant presiding officer for the person.
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23D Duration of an election
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An election comes into force on the start date for the election and
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remains in force until a revocation of the election takes effect (see
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section 23G).
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Amendments Schedule 1
No. , 2017
Parliamentary Business Resources Amendment (Voluntary Opt-out)
Bill 2017
5
23E Effect of an election
1
(1) If the person makes an election in accordance with sections 23A,
2
23B and 23C, then this section has effect in relation to each
3
calendar month during the period when the election is in force.
4
(2) The amount (the basic amount) of remuneration that would
5
otherwise be payable to the person for a calendar month is reduced
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(but not below zero) by whichever of the following amounts is
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applicable:
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(a) if the specified opt-out amount is a percentage--the amount
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that is that percentage of the basic amount;
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(b) if the specified opt-out amount is an amount--that amount.
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23F Variation of an election
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(1) The person may vary an election he or she has made by notice in
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writing signed by the person and given to the relevant presiding
14
officer for the person.
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(2) The only variations that are permitted are:
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(a) to change the specified opt-out amount to another specified
17
percentage or amount that complies with subsection 23C(3);
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or
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(b) to change the start date to a later date (but only if the start
20
date has not already occurred).
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(3) The notice of variation must specify a date (the variation date)
22
from which the variation is to take effect, being a date that is the
23
first day of the next calendar month following the giving of the
24
notice, or the first day of a later calendar month.
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(4) If the notice of variation complies with this section, it varies the
26
election accordingly (subject to any later variations) in relation to
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calendar months starting on or after the variation date.
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23G Revocation of an election
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(1) The person may revoke an election he or she has made by notice in
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writing signed by the person and given to the relevant presiding
31
officer for the person.
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Schedule 1 Amendments
6
Parliamentary Business Resources Amendment (Voluntary Opt-out)
Bill 2017
No. , 2017
(2) The notice of revocation must specify a date from which the
1
revocation is to take effect, being a date that is the first day of the
2
next calendar month following the giving of the notice, or the first
3
day of a later calendar month.
4
(3) If the notice of revocation complies with this section, the
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revocation takes effect on the specified date.
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4 At the end of subsection 49(1)
7
Add:
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Note 3:
A person to whom remuneration is to be paid may elect to forgo a
9
percentage or amount of that remuneration (see section 23B).
10
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