Members of Parliament (Remuneration and Services) Act 2013

1: Title
This Act is the Members of Parliament (Remuneration and Services) Act 2013.
2: Commencement
1: This Act (except sections 39 to 42
2: Sections 39 to 42
1: Preliminary provisions
3: Purposes
1: The primary purpose of this Act is to ensure that the House of Representatives and its members are properly supported in a way that maintains confidence in the integrity of Parliament.
2: To that end, the other purposes of this Act include—
a: providing for the remuneration of members of Parliament; and
b: ensuring that members of Parliament are provided with the services that they require to enable them to carry out their roles and functions; and
c: establishing an efficient and effective system for determining the services to be provided to members of Parliament; and
d: providing for travel services for family members of members of Parliament.
4: Overview of this Act
1: Part 1 deals with preliminary matters, including the purposes of the Act, interpretation, and the application of the Act to the Crown.
2: Part 2
3: Part 3
a: services that must be determined by the Remuneration Authority, namely,—
i: all accommodation services for members of Parliament and qualifying electoral candidates (except certain international accommodation services funded from party and member support funding, accommodation services for members of Parliament nominated to participate in the political exchange programme, and accommodation services for members of Parliament participating in the official inter-parliamentary relations programme); and
ii: in respect of Ministers, accommodation services within New Zealand that are additional or alternative to the accommodation services determined for members of Parliament; and
iii: all travel services for family members of members of Parliament; and
b: directions that must be issued by the Speaker in respect of the entitlements to travel services of members of Parliament and qualifying electoral candidates; and
c: directions that must be issued by the Speaker in respect of other services and funding, namely,—
i: administrative and support services that must be provided to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates; and
ii: communications services for members of Parliament and qualifying electoral candidates; and
iii: funding appropriated as party and member support funding for members of Parliament, parties, and qualifying electoral candidates; and
iv: travel services in respect of members of Parliament participating in the political exchange programme; and
d: travel and accommodation services that must be determined by the Speaker in respect of members of Parliament participating in the official inter-parliamentary relations programme; and
e: services that the Minister Responsible for Ministerial Services must determine in respect of Ministers, namely travel services within New Zealand that are additional or alternative to the entitlements of members of Parliament to travel services provided for in directions issued by the Speaker.
4: Part 4 Schedules 2 3 Civil List Act 1979
5: This section is only a guide to the general scheme and effect of this Act.
5: Interpretation
In this Act, unless the context otherwise requires,— accommodation services
a: the payment of money or an allowance for those services; and
b: any other means of meeting the accommodation needs or obligations of the person; and
c: additional costs that are associated with, or incidental to, accommodation of the person that are not provided for as part of any other entitlement of the person (whether under Part 2 3 allowance section 2 Assistant Speaker authorised person section 46 Chief Executive corrupt practice section 40 declaration day section 40 department responsible for Ministerial Services dependent child
a: who is being maintained as a member of the person's family; and
b: in respect of whom the person either is the sole or principal provider of ongoing daily care or shares ongoing daily care substantially equally with another person; and
c: who is under 18 years of age; and
d: who is not living with another person in a marriage, civil union, or de facto relationship Deputy Speaker electioneering section 3 family member
a: a spouse or partner of the person:
b: a child or stepchild of the person, if that child or stepchild is under 18 years of age:
c: a dependent child of the person Minister Minister Responsible for Ministerial Services ordinary member of Parliament partner party polling day publicly available qualifying electoral candidate Schedule 1 Remuneration Authority section 4(1) Speaker term of Parliament section 17 travel services
a: the payment of money or an allowance for those services; and
b: any other means of meeting the travel needs or obligations of the person; and
c: additional costs that are associated with, or incidental to, travel by the person that are not provided for as part of any other entitlement of the person (whether under Part 2 3 Section 5 Chief Executive inserted 24 October 2019 section 106 Statutes Amendment Act 2019 Section 5 General Manager repealed 24 October 2019 section 106 Statutes Amendment Act 2019
6: Act binds the Crown
This Act binds the Crown.
7: Application of certain provisions of Remuneration Authority Act 1977 to certain functions of Remuneration Authority
Sections 8(3) to (7) 9 21(1) 25(1) and (3) 29 Part 3 sections 41 44
2: Salaries and allowances of members of Parliament
8: Remuneration Authority to determine salaries and allowances
1: The Remuneration Authority must determine the salaries and allowances to be paid to members of Parliament.
2: The salaries and allowances may differ according to—
a: the office that the member of Parliament holds; or
b: the electorate the member represents; or
c: any other considerations that the Remuneration Authority may determine.
3: This section must be read in conjunction with section 16(2)
4: Expenses may be incurred, without further appropriation than this section, to meet the salaries and allowances determined under this section and payments under section 45(2) and (3)
5:
6: A determination under this section is secondary legislation ( see Part 3 1979 No 33 s 16 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 8(5) repealed 20 December 2019 section 11 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 Section 8(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: How salaries and allowances determined
1: The salaries and allowances under section 8 section 12 see sections 16 17A to 19
2: The Chief Executive section 8 Chief Executive section 16(1)﻿(a)﻿(iv) Section 9(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019
10: Period for which salaries and allowances of members of Parliament payable
1: The salary and allowance of each member of Parliament are payable for the period—
a: starting on the day after polling day for the election at which the member is elected; and
b: ending on the earlier of the following days:
i: polling day for the next general election of members of Parliament:
ii: the day on which the member's seat becomes vacant.
2: Subsection (1)﻿(a) does not apply if—
a: a member is returned at a by-election that is not contested; or
b: a person is declared to be elected to fill a vacancy in the seat of a member elected from a party list.
3: The salary and allowance of a member elected in either of the circumstances referred to in subsection (2) are payable starting on the day that the Electoral Commission publicly declares the member to be elected in accordance with the Electoral Act 1993
4: This section is subject to section 11 1979 No 33 s 18(1), (2)
11: Additional salary payable for 3 months if member does not stand or is not re-elected at general election
1: This section applies to a person who—
a: is a member of Parliament immediately before the dissolution of a Parliament; and
b: is not a candidate at the next general election or is an unsuccessful candidate at that general election.
2: A salary is payable to a person to whom this section applies, starting on the day after the day on which the person's salary ceases to be payable under section 10
a: on the day that is 3 months after polling day; or
b: if the person sooner dies, on the date of the death; or
c: if the person is sooner declared to be elected as a member of Parliament following a by-election or a vacancy in the seat of a member elected from a party list, on the day before the day that the Electoral Commission publicly declares the member to be elected in accordance with the Electoral Act 1993
3: The salary is payable at the following rate:
a: if the person held office as Speaker or Deputy Speaker on polling day,—
i: for the period starting on the day after polling day and ending on the day of the first meeting of the House of Representatives after the general election, at the rate at which the salary determined under section 8
ii: for the period starting on the day after the first meeting of the House of Representatives and ending on the day 3 months after polling day, at the rate at which the salary determined under section 8
b: if the person was a Minister or a Parliamentary Under-Secretary,—
i: for the period starting on the day after polling day and ending on the day that the person ceases to hold that office, at the rate at which the salary determined under section 8
ii: for the period starting on the day after the person ceases to hold that office and ending on the day 3 months after polling day, at the rate at which the salary determined under section 8
c: if paragraph (a) or (b) does not apply to the person, at the rate at which the salary determined under section 8 1979 No 33 s 18(3)
12: Salaries and allowances payable in case of election petition
1: Subsections (2) and (3) apply if there is a trial of an election petition and at the end of the trial the High Court or the Court of Appeal determines—
a: that a person elected or returned was not duly elected or returned; or
b: that the election at which a person was elected or returned was void.
2: If this subsection applies, the person elected or returned must be paid the salary and allowance that he or she would have been entitled to if he or she had been duly elected or returned as a member of Parliament.
3: The salary and allowance are payable for the period—
a: starting on the day after polling day; and
b: ending on the earlier of the following days:
i: the day on which the House of Representatives gives directions under section 246(2)
ii: the day on which the seat becomes vacant.
4: Subsection (5) applies if,—
a: at the end of the trial of an election petition, the High Court or the Court of Appeal determines that a person other than the person who was elected or returned was duly elected; and
b: the return is altered in accordance with section 246(2)
5: If this subsection applies, the person declared elected or returned must be paid the salary and allowance that he or she would have been entitled to if that person's name had been endorsed on the writ or return when it was first returned. 1979 No 33 s 19
13: Deductions from payments if member absent from House of Representatives
1: The payment of salaries to members of Parliament under this Act is subject to this section and section 14
2: If the number of sitting days in a calendar year that a member of Parliament has been absent from the House of Representatives since the start of that year totals 3 (calculated from the beginning of the first day of the calendar year), then for the fourth and each subsequent sitting day on which the member is absent during the calendar year, an amount calculated in accordance with the following formula must be deducted from the member's gross salary: a × b where— a is 0.2% b is the gross yearly salary payable to that member as at the date of the member's absence.
3: Before a deduction is made, the Speaker must certify that—
a: the circumstances described in subsection (2) apply to a member; and
b: the member's gross salary may be deducted in accordance with that subsection.
4: Subject to subsection (3), the deduction must be made as soon as practicable after the sitting day on which the member is absent.
5: A member is not to be treated as being absent on any day on which the member is absent in accordance with the rules of the House of Representatives. 1979 No 33 s 20
14: Deductions from payments if member suspended from service of House of Representatives
1: If the House of Representatives suspends a member from the service of the House, an amount must be deducted from the member's gross yearly salary for each day that the member is suspended.
2: The amount to be deducted must be calculated in accordance with the following formula: a × b where— a is 0.2% b is the gross yearly salary payable as at the date of each day that the member is suspended.
3: Before a deduction is made, the Speaker must certify that—
a: a member has been suspended from the House; and
b: the member is suspended for a specified period (which must be stated in the certificate); and
c: the member's gross salary may be deducted in accordance with subsections (1) and (2).
4: Subject to subsection (3), the deduction must be made as soon as practicable after the day that the member is suspended.
15: No payments for period that person receives salary as head of post or head of mission
Despite anything in this Part, if a person receives a salary as head of mission or head of post (within the meaning of the Foreign Affairs Act 1988 Part 3 1979 No 33 s 21A
3: Services for members of Parliament
16: Principles
1: In making a determination or issuing directions under this Part, the Remuneration Authority, the Speaker, and the Minister Responsible for Ministerial Services must have regard to the following principles:
a: that the entitlements of members of Parliament and Ministers to support services should be determined in a way that—
i: recognises the need for public understanding of the work of those persons and their parties and the services they require to enable them to carry out their roles and functions; and
ii: facilitates the delivery of support services in an efficient and effective manner; and
iii: recognises the need to be fair to the taxpayer; and
iv: promotes transparency in relation to the allocation and use of public money to provide the support services necessary for members of Parliament, Ministers, and parties to carry out their respective roles and functions; and
v: maintains confidence in the integrity of Parliament; and
vi: maintains the independence of the Remuneration Authority:
b: that entitlements to services should be determined in a way that has regard to the particular requirements of any members of Parliament with physical or sensory impairments:
c: that, if changes to services provided increase or decrease any element of remuneration or other private benefit, the value of that increase or decrease should be taken into account by the Remuneration Authority in determining salaries under Part 2
d: that entitlements to services should be—
i: clearly defined so that decisions about whether a person or party is eligible for an entitlement can easily be made; and
ii: determined in a way that is consistent with the objectives of efficient and effective delivery of services; and
iii: simple to administer.
2: If an entitlement to a service under a determination made by the Remuneration Authority under section 17 section 23 section 34 section 27
a: the Remuneration Authority, the Speaker, or the Minister Responsible for Ministerial Services, as the case may be, must—
i: consult the Commissioner of Inland Revenue about the taxation consequences of that entitlement; and
ii: assess the value of the benefit; and
iii: include in the determination or direction a statement of the value assessed under subparagraph (ii); and
b: the value must be taken into account by the Remuneration Authority in determining the salaries and allowances of the relevant members of Parliament or Ministers under section 8
c: the Remuneration Authority must include in its determination of the salaries and allowances under section 8 Section 16(1)﻿(c) replaced 20 March 2015 section 11(1) Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015 (2015 No 5). Section 16(2)﻿(a)﻿(iii) inserted 20 March 2015 section 11(2) Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015 (2015 No 5). Section 16(2)﻿(b) replaced 20 December 2019 section 12 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 Section 16(2)﻿(c) replaced 20 March 2015 section 11(3) Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015 (2015 No 5). Services determined by Remuneration Authority
17: Services to be determined by Remuneration Authority
1: The Remuneration Authority must determine—
a: the entitlements of members of Parliament and qualifying electoral candidates to all accommodation services within New Zealand; and
b: the entitlements of Ministers to all accommodation services within New Zealand that are additional or alternative to the accommodation services determined for members of Parliament under paragraph (a); and
c: the entitlements of family members of members of Parliament, Ministers, and qualifying electoral candidates to travel services within New Zealand; and
d: the extent (if at all) to which services may continue to be provided under paragraphs (a) to (c) after a member of Parliament vacates his or her seat or, in the case of a Minister, ceases to be a member of the Executive Council, for 1 or more of the following purposes:
i: enabling the member to attend to matters associated with leaving Parliament:
ii: enabling the Minister to attend to matters associated with passing on his or her ministerial responsibilities:
iii: ensuring the efficient and effective use of public resources.
2: The accommodation services that the Remuneration Authority must determine under subsection (1) do not include—
a: accommodation services in respect of members of Parliament participating in the political exchange programme ( see section 23(1)﻿(f)
b: international accommodation services in respect of members of Parliament travelling for parliamentary purposes where the costs of those accommodation services are met from the party and member support funding appropriated in respect of the party of the member undertaking the travel and are a charge against the leadership funding allocation ( see section 23(3)
c: accommodation services in respect of the official inter-parliamentary relations programme ( see section 34
d: international accommodation services in respect of Ministers.
3: A determination under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 17(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
18: Procedure for Remuneration Authority's determinations
1: Before making a determination under section 17
a: seek advice from the Speaker about—
i: the accommodation services to be provided for members of Parliament and qualifying electoral candidates; and
ii: the entitlements of family members of members of Parliament, or of family members of qualifying electoral candidates, to travel services within New Zealand; and
b: seek advice from the Minister Responsible for Ministerial Services about the additional or alternative—
i: accommodation services within New Zealand to be provided for Ministers; and
ii: travel services within New Zealand to be provided for family members of Ministers; and
c: after complying with paragraphs (a) and (b), prepare a draft determination; and
d: give members of Parliament and Ministers a reasonable opportunity to consider the draft determination and be heard on it; and
e: consult the Commissioner of Inland Revenue about the taxation consequences of the proposed determination.
2: The Authority must have regard to, but is not bound by, any advice given by the Speaker or the Minister under subsection (1).
19: Remuneration Authority may require information and obtain independent advice
The Remuneration Authority may, at any time in the course of preparing a determination under this Part,—
a: require the Clerk of the House of Representatives, the Chief Executive
b: obtain advice from any professional adviser or other person whose background or experience the Authority considers may assist it in making its determination. Section 19(a) amended 24 October 2019 section 106 Statutes Amendment Act 2019
20: Publication of Remuneration Authority's determinations
1: The Remuneration Authority must give a copy of every determination made by it under section 17
a: the Prime Minister:
b: the Speaker:
c: the Leader of the Opposition:
d: the Minister Responsible for Ministerial Services:
e: the chief executive of the department responsible for Ministerial Services:
f: the Chief Executive
2: Section 20(1)﻿(f) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 20(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
21: Resolution of issues about Remuneration Authority's determinations
1: The Remuneration Authority must prescribe procedures for resolving issues that arise about how any provision of a determination made under section 17
a: procedures that provide for the participation of the Chief Executive
b: procedures that provide for the participation of the chief executive of the department responsible for Ministerial Services or the person nominated by the chief executive as his or her representative for the purposes of this section, in respect of issues concerning entitlements of Ministers or family members of Ministers; and
c: procedures that are required to be followed before any issue may be referred to the Authority for final determination under subsection (3).
2: If it is not possible to resolve an issue by agreement under the resolution procedures prescribed under subsection (1), that issue may be referred to the Remuneration Authority for final determination.
3: On receiving a referral under subsection (2), the Remuneration Authority must—
a: satisfy itself that all procedures for resolving that issue have been followed in accordance with subsection (1) and that it has not been possible to resolve the issue by agreement under those procedures; and
b: make a final determination on the issue about how the provision of the determination is to be interpreted or applied or is to operate; and
c: as soon as practicable, communicate that determination to the Chief Executive
4: This section is subject to section 3E 1977 No 110 s 12(1)﻿(bb) Section 21(1)﻿(a) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 21(3)﻿(c) amended 24 October 2019 section 106 Statutes Amendment Act 2019
22: Permanent appropriations for services determined by Remuneration Authority
1: Expenses may be incurred, without further appropriation than this subsection, to provide the services determined by the Remuneration Authority under section 17
2: Expenses may be incurred, without further appropriation than this subsection, to provide the services determined by the Remuneration Authority under section 17 Services and funding subject to Speaker's directions
23: Services and funding subject to Speaker's directions
1: The Speaker must issue directions that set out—
a: the entitlements of members of Parliament and qualifying electoral candidates to travel services, including the extent (if at all) to which travel services may continue to be provided after a member of Parliament vacates his or her seat for the purpose of enabling the member to attend to matters associated with leaving Parliament; and
b: the administrative and support services that must be provided to members of Parliament, parties, and qualifying electoral candidates to support their parliamentary operations; and
c: the entitlements of members of Parliament and qualifying electoral candidates to communications services (other than services including electioneering), including the extent (if at all) to which communications services may continue to be provided after a member of Parliament vacates his or her seat for either or both of the following purposes:
i: enabling a member to attend to matters associated with leaving Parliament:
ii: ensuring the efficient and effective use of public resources; and
d: how each appropriation made by Appropriation Acts for party and member support funding is allocated; and
e: how party and member support funding must be administered, including what party and member support funding may be used for and the requirements that must be met before payments may be made against claims to entitlements to that funding; and
f: the entitlements to travel services of members of Parliament and employees of the Parliamentary Service nominated to participate in the political exchange programme.
2: The Speaker's directions must not allow for accommodation services for a member of Parliament to be provided from party and member support funding or to be provided as services under subsection (1)﻿(b), except as provided in subsection (3).
3: The Speaker's directions may allow for the costs of international travel and international accommodation services for a member of Parliament travelling for parliamentary purposes, and the costs specified in subsection (4), to be met from the party and member support funding appropriated for that member's party as a charge against the leadership funding allocation.
4: The specified costs for the purposes of subsection (3) are the costs of international travel and international accommodation services for a spouse or partner of a party leader who accompanies the party leader when he or she is travelling for parliamentary purposes.
5: Directions under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must make it available, at all reasonable times, on the Internet site of Parliament LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 23(1)﻿(a) replaced 17 December 2016 section 66 Statutes Amendment Act 2016 Section 23(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24: Procedure for Speaker's directions
Before issuing directions under section 23
a: take into account any relevant advice given by the Parliamentary Service Commission under section 14(1)
b: consult the Minister Responsible for Ministerial Services; and
c: consult the Remuneration Authority; and
d: consult the Commissioner of Inland Revenue about the taxation consequences of the proposed directions.
25: Publication of Speaker's directions
Section 25 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
26: Resolution of issues about Speaker's directions
1: The Speaker must prescribe procedures for resolving issues that arise about how any provision of the directions issued under section 23
a: procedures that provide for the participation of the Chief Executive
b: procedures that are required to be followed before an issue may be referred to the Speaker for final determination under subsection (3).
2: If it is not possible to resolve an issue by agreement under the resolution procedures prescribed under subsection (1), that issue may be referred to the Speaker for final determination.
3: On receiving a referral under subsection (2), the Speaker must—
a: satisfy himself or herself that all procedures for resolving that issue have been followed in accordance with subsection (1) and that it has not been possible to resolve the issue by agreement under those procedures; and
b: make a final determination on the issue about how the provision of the directions is to be interpreted or applied or is to operate; and
c: as soon as practicable, communicate that determination to the Chief Executive
4: This section is subject to section 3E Section 26(1)﻿(a) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 26(3)﻿(c) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Services determined by Minister Responsible for Ministerial Services
27: Services to be determined by Minister Responsible for Ministerial Services
1: The Minister Responsible for Ministerial Services must determine the entitlements of Ministers to all travel services within New Zealand that are additional or alternative to the entitlements to travel services for members of Parliament set out in the directions issued by the Speaker under section 23
2: A determination under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must make it available, at all reasonable times, on the Internet site of Parliament LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 27(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
28: Procedure for Minister's determination
Before making a determination under section 27
a: consult the Speaker; and
b: consult the Remuneration Authority; and
c: consult the Commissioner of Inland Revenue about the taxation consequences of the proposed directions.
29: Publication of Minister's determination
Section 29 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
30: Resolution of issues about Minister's determinations
1: The Minister Responsible for Ministerial Services must prescribe procedures for resolving issues that arise about how any provision of a determination made under section 27
a: procedures that provide for the participation of the chief executive of the department responsible for Ministerial Services or the person nominated by the chief executive as his or her representative for the purposes of this section; and
b: procedures that are required to be followed before any issue may be referred to the Minister for final determination under subsection (3).
2: If it is not possible to resolve an issue by agreement under the resolution procedures prescribed under subsection (1), that issue may be referred to the Minister Responsible for Ministerial Services for final determination.
3: On receiving a referral under subsection (2), the Minister must—
a: satisfy himself or herself that all procedures for resolving that issue have been followed in accordance with subsection (1) and that it has not been possible to resolve the issue by agreement under those procedures; and
b: make a final determination on the issue about how the provision of the determination is to be interpreted or applied or is to operate; and
c: as soon as practicable, communicate that determination to the chief executive of the department responsible for Ministerial Services. General provisions relating to services
31: Conversion of entitlements
1: This section applies if, in respect of a particular activity,—
a: a member of Parliament is entitled to an accommodation service under a determination made by the Remuneration Authority under section 17(1)﻿(a) section 17(1)﻿(c)
b: the cost of doing the activity in a different way is less than the cost of the entitlement under that determination.
2: If this section applies, the Chief Executive
3: Before granting approval under subsection (2), the Chief Executive
4: The Chief Executive section 17(1)﻿(a) or (c) Chief Executive
5: Subsections (1) to (4) apply, with all necessary modifications, to—
a: entitlements to accommodation services of Ministers and travel services of family members of Ministers under a determination made by the Remuneration Authority under section 17(1)﻿(b) or (c) section 27 Chief Executive
b: entitlements to services under directions issued by the Speaker under section 23 Section 31(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 31(3) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 31(4) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 31(5)﻿(a) amended 24 October 2019 section 106 Statutes Amendment Act 2019
32: Frequency of adjustments
1: The Remuneration Authority must make a determination under section 17
2: The Authority must consult the Speaker and the Minister Responsible for Ministerial Services at the beginning of each term about the proposed timing of its determination for that term.
3: A determination continues in force until it is superseded by another determination made in accordance with subsection (1).
4: The Remuneration Authority may amend a determination at any time while it is in force—
a: to remedy a defect or remove an ambiguity; or
b: to deal with a new matter that was not dealt with at the time the determination was made; or
c: if the Authority is satisfied that in all the circumstances there are particular and special reasons that justify amending the determination.
5: Subsections (1) to (4) apply, with all necessary modifications, to directions of the Speaker issued under section 23 section 27
6: However, in addition to the powers of amendment in subsection (4), the Speaker may amend directions issued under section 23 section 27
a: to deal with matters arising from changes that occur from year to year in the amounts appropriated in Appropriation Acts for services and party and member support funding; or
b: to ensure the adequacy of the travel, administrative, and support services for members of Parliament, parties, and qualifying electoral candidates, or, as the case may be, travel services for Ministers.
7: An amendment under this section to a determination or to directions is secondary legislation ( see Part 3 1977 No 110 s 19(3), (4) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section by the Remuneration Authority. Legislation Act 2019 requirements for secondary legislation made under this section by the Remuneration Authority Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section by the Speaker or Minister. Legislation Act 2019 requirements for secondary legislation made under this section by the Speaker or Minister Publication The maker must make it available, at all reasonable times, on the Internet site of Parliament LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 32(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
33: Quarterly reports on travel and accommodation expenses
1: The Chief Executive
a: the total expenses incurred against the appropriation in section 22(1) section 17
b: the total expenses incurred to provide each category of travel service directed by the Speaker under section 23(1)﻿(a)
c: the total expenses incurred to provide the travel services directed by the Speaker under section 23(1)﻿(f)
d: the total expenses incurred to provide the international travel and international accommodation services directed by the Speaker under section 23(3)
2: The chief executive of the department responsible for Ministerial Services must, as soon as practicable after the end of each quarter, prepare and make publicly available a report setting out, in respect of each Minister,—
a: the total expenses incurred against the appropriation in section 22(2) section 17
b: the total expenses incurred to provide each category of travel service determined by the Minister Responsible for Ministerial Services under section 27 Section 33(1) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Services in respect of official inter-parliamentary relations programme
34: Services in respect of official inter-parliamentary relations programme to be determined by Speaker
1: The Speaker must determine the entitlements to travel and accommodation services in respect of members of Parliament participating in the official inter-parliamentary relations programme.
2: Before making a determination under this section, the Speaker must consult the Commissioner of Inland Revenue about the taxation consequences of the proposed determination.
3: A determination made under this section may be made or amended at any time.
4: In this section and section 35 travel and accommodation services
a: the payment of money for those services; and
b: additional costs that are associated with, or incidental to, travel or accommodation that are not provided for as part of any other entitlement (whether under Part 2
c: provision for those services for the spouse or partner of a member of Parliament participating in the programme who accompanies the member; and
d: any other means of meeting the travel and accommodation needs of a member of Parliament in order for the member to be able to travel as a participant in the programme.
5: The following are secondary legislation ( see Part 3
a: a determination under this section:
b: an amendment to a determination under this section. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must make it available, at all reasonable times, on the Internet site of Parliament LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 34(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
35: Conversion of entitlements
A determination made under section 34
36: Publication of determinations
Section 36 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
37: Quarterly reports on travel and accommodation expenses
The Clerk of the House of Representatives must, as soon as practicable after the end of each quarter, prepare and make publicly available a report setting out, in respect of each member of Parliament and each party, details of the expenses incurred to provide the travel and accommodation services determined by the Speaker under section 34 Consultation requirement in relation to certain services not under this Part
38: Minister must consult about taxation consequences of certain services for Ministers
The Minister Responsible for Ministerial Services must consult the Commissioner of Inland Revenue about the taxation consequences of the following services for Ministers whenever there is any significant change in the nature or extent of those services:
a: international travel and international accommodation services:
b: communications services (additional or alternative to the communications services for members of Parliament set out in directions issued by the Speaker under section 23(1)﻿(c)
4: Entitlements of former members and others and miscellaneous matters
1: Entitlements of former members, former Prime Ministers, and others
Former members' entitlements
39: Travel entitlements of former members of Parliament
1: This section applies to—
a: a person who was a member of Parliament before the 1999 general election and, on the date of commencement of this Act, is no longer a member of Parliament; and
b: a person who was a member of Parliament before the 1999 general election and, on the date of commencement of this Act, is still a member of Parliament.
2: On and after the commencement of this Act, a person described in subsection (1)﻿(a) will continue to receive the travel entitlements set out in Schedule 2
3: After the commencement of this Act, a person described in subsection (1)﻿(b) will receive the travel entitlements set out in Schedule 2
4: No travel entitlements may be paid to a person, in his or her capacity as a former member,—
a: if the person was elected as a member of Parliament for the first time at or after the 1999 general election; or
b: in respect of any period during which the person was a member of Parliament after 3 October 2008.
5: Nothing in subsection (4)—
a: prevents a person from receiving any entitlement that continues in respect of a member of Parliament in accordance with a determination of the Remuneration Authority under section 17(1)﻿(d)
b: prevents a person from receiving any entitlement in the capacity of former Prime Minister or spouse or partner of a former Prime Minister in accordance with a determination of the Remuneration Authority under section 44
6: This section is subject to section 40 2014-07-01 Members of Parliament (Remuneration and Services) Act 2013 refer to section 2(1). sections 39 to 42 come into force on 1 July 2014.
40: Disqualification from receiving former member travel entitlements
1: None of the travel entitlements set out in Schedule 2
a: the former member has been convicted of either of the following, committed during any of the periods specified in subsection (2):
i: an offence punishable by imprisonment for a term of 2 years or more:
ii: a corrupt practice; or
b: the former member has been reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice and that corrupt practice was committed during any of the periods specified in subsection (2).
2: For the purposes of subsection (1), the specified periods are—
a: when the former member was a member of Parliament:
b: when the former member was a candidate for initial election or a candidate for re-election, in the period between polling day and declaration day:
c: after the former member left Parliament.
3: None of the travel entitlements in Schedule 2
a: the spouse or partner has been convicted of either of the following, committed after the former member left Parliament:
i: an offence punishable by imprisonment for a term of 2 years or more; or
ii: a corrupt practice; or
b: the spouse or partner has been reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice and that corrupt practice was committed after the former member left Parliament.
4: In this section,— corrupt practice Electoral Act 1993 declaration day
a: if the person is a candidate for a seat in the House of Representatives representing an electoral district but not on a party list, means the day on which a person (whether that person or some other person) is declared, under section 179
b: if the person is a candidate whose name is specified in a party list but not a candidate for a seat representing an electoral district, means the day on which the Electoral Commission declares, under section 193(5)
c: if the person is both a candidate for a seat representing an electoral district and a candidate whose name is specified in a party list, means the earliest of the following days:
i: the day on which the person is declared, under section 179
ii: the day on which the person is declared, under section 193(5)
iii: the first day on which both of the following apply:
A: another candidate has been declared, under section 179
B: the Electoral Commission has declared, under section 193(5)
41: Issues concerning former member travel entitlements to be determined by Remuneration Authority
1: The Remuneration Authority must prescribe procedures for resolving issues that arise about a person's eligibility for travel entitlements under section 39 Schedule 2
a: procedures that provide for the participation of the Chief Executive
b: procedures that are required to be followed before any issue may be referred to the Authority for final determination under subsection (3).
2: If it is not possible to resolve an issue by agreement under the resolution procedures prescribed under subsection (1), that issue may be referred to the Remuneration Authority for final determination.
3: The Remuneration Authority must,—
a: on receiving a referral under subsection (2), satisfy itself that all procedures for resolving that issue have been followed in accordance with subsection (1) and that it has not been possible to resolve the issue by agreement under those procedures; and
b: make a final determination on the issue about the person's eligibility for travel entitlements or how the provision of Schedule 2
c: as soon as practicable, communicate that determination to the Chief Executive Section 41(1)﻿(a) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 41(3)﻿(c) amended 24 October 2019 section 106 Statutes Amendment Act 2019
42: Reporting on expenses for travel entitlements of former members of Parliament
A statement setting out, in respect of each former member of Parliament and his or her spouse or partner, the total expenses incurred to provide each type of travel entitlement set out in Schedule 2 section 45B(2) Former Prime Ministers' entitlements
43: Annuity of former Prime Minister and spouse or partner of former Prime Minister
1: If a person has held the office of Prime Minister for not less than 2 years (whether before or after the commencement of this Act, and whether the office was held for a continuous period or for periods totalling 2 years),—
a: that person must be paid an annuity, until he or she dies, at a yearly rate for each year of service up to and including 5 years of service; and
b: the surviving spouse or partner of that person must be paid an annuity, until he or she dies, at half the yearly rate at which an annuity would have been payable to the person under paragraph (a) had that person not died.
2: An annuity is payable under subsection (1) whether or not—
a: the former Prime Minister has died before or after the commencement of this Act; and
b: the surviving spouse or partner remarries or re-partners.
3: However, no annuity may be paid to a person under subsection (1) in respect of any period during which he or she—
a: receives an additional salary under section 11 section 10
b: holds an office for which a salary (other than the salary of an ordinary member of Parliament) is payable under this Act or the Governor-General Act 2010
4: The yearly rate under subsection (1)﻿(a) must be determined by the Remuneration Authority.
5: A determination under this section is secondary legislation ( see Part 3
6: Expenses may be incurred, without further appropriation than this section, to provide the annuities under this section. 1979 No 33 s 22 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 43(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
44: Travel entitlements of former Prime Ministers
1: The Remuneration Authority must determine the entitlements (if any) to travel services within New Zealand of former Prime Ministers and their spouses or partners.
2: An entitlement of a spouse or partner determined under subsection (1) continues after the death of the former Prime Minister, regardless of whether the surviving spouse or partner remarries or re-partners.
3: If an issue arises about how any provision of a determination made under this section is to be interpreted or applied or is to operate, that issue must be determined by the Remuneration Authority.
4: Expenses may be incurred, without further appropriation than this section, to provide the travel entitlements under this section.
5: A determination under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 44(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Member of Parliament dying in office: entitlements of family members
45: Payments to spouse, partner, or dependent children of member of Parliament dying in office
1: This section applies if a member of Parliament dies while in office.
2: If the member is survived by a spouse or partner, the surviving spouse or partner must be paid as income a sum of money equivalent to the salary payable to an ordinary member of Parliament for the 3-month period starting on the day after the date of death.
3: If the member is not survived by a spouse or partner, but is survived by 1 or more dependent children, that child is to be paid as income, or those children are to be paid in equal shares as income, a sum of money equal to the sum referred to in subsection (2).
4: In a case where a sum of money is payable under this section to a person who is under the age of 18, the sum of money may be paid, by direction of the Speaker, to—
a: that person; or
b: a guardian of, or person caring for, that person to be applied for the maintenance, education, advancement, or benefit of that person.
5: The receipt of the guardian or person to whom payment is made is a complete discharge for the payment.
6: Section 8(4) 1979 No 33 s 23(1)–(4) Resolution of conflicting claims to entitlements
46: Conflicting claims
1: If more than 1 person claims to be entitled to an annuity under section 43(1)﻿(b) section 45(2) or (3)
a: whether more than 1 person is entitled to the annuity or payment; and
b: if so, the proportion of the annuity or payment payable to each person entitled to it.
2: In this section, authorised person
a: in relation to an annuity under section 43(1)﻿(b)
b: in relation to a payment made under section 45(2) or (3) Chief Executive
3: An authorised person must pay, or arrange for the payment of, an annuity or payment referred to in this section in accordance with any decision made by the authorised person under subsection (1).
4: If more than 1 person is entitled to an annuity or payment, the total annuity or payment paid to the persons entitled to it must not exceed the amount that would have been paid if only 1 person were entitled to it.
5: If a person who claims to be entitled to an annuity or payment referred to in this section is dissatisfied with a decision made by an authorised person under subsection (1), he or she may appeal against the decision to the High Court.
6: The High Court Rules 2016 sections 126 to 130 section 124
7: The provisions of the Senior Courts Act 2016 1979 No 33 s 27 Section 46(2)﻿(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 46(6) replaced 1 March 2017 section 261 District Court Act 2016 Section 46(7) amended 1 March 2017 section 183(b) Senior Courts Act 2016
2: Amendments to Parliamentary Service Act 2000
47: Parliamentary Service Act 2000 amended
Sections 48 to 58 Parliamentary Service Act 2000 2013-12-16 Parliamentary Service Act 2000
48: Interpretation
Section 3 qualifying electoral candidate section 5 Remuneration Authority section 5
49: Meaning of funding entitlements for parliamentary purposes
1: Section 3B(1)
c: the provision of accommodation services for members of Parliament and qualifying electoral candidates and travel services for family members of those persons in accordance with a determination made by the Remuneration Authority under section 17(1)
d: the provision of travel services for members of Parliament and qualifying electoral candidates in accordance with directions issued by the Speaker under section 23(1)﻿(a)
e: the provision of communications services (other than services including electioneering) in accordance with directions issued by the Speaker under section 23(1)﻿(c)
f: the provision of travel services in accordance with directions issued by the Speaker under section 23(1)﻿(f)
g: the provision of services and resources to qualifying electoral candidates in accordance with directions issued by the Speaker under section 23
2: Section 3B(2)﻿(d)
a: omitting section 20A of the Civil List Act 1979 section 34
b: omitting travel programme relations programme
50: New section 3E substituted
Section 3E
3E: Interpretation of determinations and directions under Members of Parliament (Remuneration and Services) Act 2013
Every determination made by the Remuneration Authority under section 17 section 23
51: Purposes of this Act
Section 4
d: to provide for regular and independent reviews of the amounts appropriated in Appropriation Acts for services and funding to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
52: Principal duties of Parliamentary Service
Section 7
b: to administer the payment of funding entitlements for parliamentary purposes, except those funding entitlements for parliamentary purposes that the Speaker and the Minister who is, with the authority of the Prime Minister, for the time being responsible for Ministerial Services agree should not be administered by the Parliamentary Service; and
c: to administer the entitlements of members of the Executive under Part 3
d: to administer the payment of the travel entitlements of former members of Parliament.
53: New section 8 substituted
Section 8
8: Services and administration of funding in accordance with Members of Parliament (Remuneration and Services) Act 2013, determinations and directions, etc
1: In carrying out its duties under section 7(a) to (c)
a: Part 3
b: directions issued by the Speaker under subsection (3) in respect of services to be provided to the House of Representatives.
2: In carrying out its duties under section 7(d) sections 39 to 42 section 41
3: The Speaker must, in each financial year, issue directions to the Parliamentary Service as to the nature of the administrative and support services to be provided to the House of Representatives and the objectives to be achieved by the Service in providing those services.
4: The Speaker must take into account any relevant advice and any relevant recommendation of the Parliamentary Service Commission given under section 14(1) before issuing directions under subsection (3).
54: Sections 9A to 9D repealed
Sections 9A to 9D
55: Principal responsibilities of General Manager
Section 11
2: In addition to the responsibilities in subsection (1), the General Manager must—
a: ensure that information is provided in accordance with section 19
b: perform the functions conferred on the General Manager by that Act, and under any procedures prescribed by the Remuneration Authority in accordance with that Act.
3: The General Manager is responsible to the Remuneration Authority for the matters referred to in subsection (2).
56: Functions of Parliamentary Service Commission
1: Section 14
1: The Parliamentary Service Commission has the following functions:
a: to advise the Speaker on the nature of the services to be provided to the House of Representatives, members of Parliament, parties, and qualifying electoral candidates (other than services in respect of members participating in the official inter-parliamentary relations programme):
b: to advise the Speaker on proposed directions relating to the allocation and administration of funding appropriated in Appropriation Acts to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
c: to nominate members of Parliament for participation in the political exchange programme.
2: Section 14(4) ; or
c: any matter for which the Clerk of the House of Representatives has responsibility.
57: Establishment of committee to review appropriations
1: The heading to section 20 annual review
2: Section 20
1: The Speaker may from time to time, and must at least once during every term of Parliament, establish a review committee of up to 3 persons to review the amounts of money appropriated in Appropriation Acts for the following purposes:
a: administrative and support services provided to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
b: communications services provided to members of Parliament and qualifying electoral candidates:
c: party and member support funding.
58: Work of review committee
Section 21
1: In carrying out its work, the review committee must consider—
a: whether the amounts of money appropriated are being used efficiently; and
b: whether the amounts of money appropriated are adequate to enable members of Parliament, parties, and qualifying electoral candidates to effectively perform their respective functions; and
c: the need for fiscal responsibility.
3: Amendments to Remuneration Authority Act 1977
59: Remuneration Authority Act 1977 amended
Sections 60 to 63 Remuneration Authority Act 1977 2013-12-16 Remuneration Authority Act 1977
60: Functions of Authority
1: Section 12(1)﻿(a)﻿(i) Civil List Act 1979 Members of Parliament (Remuneration and Services) Act 2013
2: Section 12
2AB: For the avoidance of doubt, the superannuation subsidy may only be paid in accordance with subsection (2A)﻿(a) if a member makes a contribution in the actual year to which the subsidy relates, and a member may not, in any year, make a lump sum payment of contributions in respect of past years and claim an entitlement to a subsidy in respect of the contributions paid in that year that relates to past years.
61: Publication of determinations fixing Parliamentary salary and allowances
1: Section 16(1)﻿(a)﻿(iii) ; and :
2: Section 16(1)﻿(a)
iv: the General Manager of the Parliamentary Service; and
62: Obligation to consult before making determinations about Parliamentary salaries and allowances
Section 17A
a: consult the Speaker of the House of Representatives and the Minister who is, with the authority of the Prime Minister, for the time being responsible for Ministerial Services about the services for which they have jurisdiction, including, for the purposes of section 16(2)
i: whether any element of personal benefit or potential personal benefit for members of Parliament, Ministers, or their family members arises under an entitlement to a service; and
ii: in the case of any such benefit arising under directions issued by the Speaker under section 23 or 34 section 27
b: consult the Commissioner of Inland Revenue—
i: about the taxation consequences of the Authority's proposed determination; and
ii: as required under section 16(2)﻿(a)
63: Remuneration of existing holder not to be reduced
Section 24(2) or section 16 or 17
4: Repeal, revocations, consequential amendments, and review
64: Civil List Act 1979 repealed
The Civil List Act 1979 2013-12-16 Civil List Act 1979
65: Determinations and order revoked
1: The following determinations are revoked:
a: Parliamentary (Official Inter-Parliamentary Travel Programme) Travel and Accommodation Determination 2007
b: Parliamentary Travel, Accommodation, Attendance, and Communications Services Determination 2012
c: Executive Travel, Accommodation, Attendance, and Communications Services Determination (No 2) 2009
d: Executive Travel, Accommodation, Attendance, and Communications Services Determination (No 2) 2009 Amendment Determination 2010
2: The Civil List (Pay Periods) Order 1982 2013-12-16 Parliamentary (Official Inter-Parliamentary Travel Programme) Travel and Accommodation Determination 2007 Parliamentary Travel, Accommodation, Attendance, and Communications Services Determination 2012 Executive Travel, Accommodation, Attendance, and Communications Services Determination (No 2) 2009 Executive Travel, Accommodation, Attendance, and Communications Services Determination (No 2) 2009 Amendment Determination 2010 Civil List (Pay Periods) Order 1982
66: Consequential amendments to other enactments
The Acts specified in Schedule 3 2013-12-16 Electoral Act 1993 Finance Act 1988 Goods and Services Tax Act 1985 Government Superannuation Fund Act 1956 Income Tax Act 2007 Parliamentary Superannuation Determination 2003 Petroleum Demand Restraint Act 1981 Stamp and Cheque Duties Act 1971
67: Review of Act
1: The Parliamentary Service and the department responsible for the administration of Ministerial Services must, within the time specified in subsection (3),—
a: review the operation of this Act, since the date of its commencement, in so far as it relates to—
i: services for members of Parliament, Ministers, qualifying electoral candidates, and family members of those persons; and
ii: in relation to the determination of salaries and allowances of members of Parliament, the operation of section 16(2) Part 3
b: prepare a report on the review for the Speaker and the Minister Responsible for Ministerial Services.
2: The review must include recommendations to the Speaker and the Minister Responsible for Ministerial Services on whether any amendments to the Act are necessary or desirable.
3: The review must be completed—
a: as soon as practicable after the Remuneration Authority, the Speaker, and the Minister Responsible for Ministerial Services complete the determination and directions in accordance with section 32(1) and (5)
b: not later than the end of the second complete term of Parliament after this section comes into force.
4: As soon as practicable after receiving the report, the Speaker must present a copy of that report to the House of Representatives.
5: Validations, savings, and transitional provisions
68: Validation of salary payments to list members declared elected under section 137 of Electoral Act 1993
1: This section applies to every payment that, before the commencement of this Act, has been made to a person declared to be elected as a member of Parliament in accordance with section 137
2: Every payment to which this section applies must be taken to be, and to always have been, as lawful as if section 10(3)
69: Validations and savings concerning salaries and allowances of members of Parliament and annuities and travel services for former Prime Ministers
1: Nothing in this Act affects the validity of—
a: a determination made by the Remuneration Authority under section 16 22
b: an agreement made before the commencement of this Act for a former Prime Minister and his or her spouse or partner or surviving spouse or partner to be provided with specified travel services.
2: Despite anything in this Act,—
a: every salary and allowance in respect of which a determination by the Remuneration Authority has been made under section 16 section 8
b: every annuity in respect of which a determination by the Remuneration Authority has been made under section 22 section 43
70: Transitional provision concerning services entitlements
1: Subsections (2) to (5) apply for the transitional period starting on the day on which this Act comes into force and ending on the date of the next general election (the transitional period
2: The entitlements of members of Parliament, Ministers, and qualifying electoral candidates to accommodation services, and the entitlements of family members of those persons to travel services set out in the following documents are deemed to have been determined by the Remuneration Authority, in accordance with section 17
a: the document entitled Directions by the Speaker of the House of Representatives 2011 2011 directions document
b: the document entitled Travel, Accommodation, and Communications Services Available to Members of the Executive Executive Services document Executive Travel, Accommodation, Attendance, and Communications Services Determination (No 2) 2009
3: The directions of the Speaker set out in the 2011 directions document relating to travel services, administrative and support services, communications services, and funding referred to in section 23
4: The entitlements of members of Parliament participating in the official inter-parliamentary relations programme set out in the document entitled Specification for Travel, Accommodation, and Related Services Available to Members of Parliament Participating in the Official Inter-Parliamentary Travel Programme section 34
5: The entitlements of members of the Executive to travel services set out in the Executive Services document are deemed to have been determined by the Minister Responsible for Ministerial Services in accordance with section 27
6: Despite section 32
a: the Remuneration Authority must, before 1 September 2014 or the end of the transitional period, whichever is the earlier, make a determination under section 17
b: the Authority may make a determination amending any entitlement referred to in subsection (2) at any time before it makes a determination in accordance with paragraph (a); and
c: the Speaker must, before 1 September 2014 or before the end of the transitional period, whichever is the earlier, issue directions under section 23 section 34
d: the Speaker may issue directions amending any directions referred to in subsection (3), or make a determination amending any entitlement referred to in subsection (4), at any time before the Speaker issues directions or, as the case may be, makes a determination in accordance with paragraph (c); and
e: the Minister Responsible for Ministerial Services must, before 1 September 2014 or before the end of the transitional period, whichever is the earlier, make a determination under section 27
f: the Minister Responsible for Ministerial Services may make a determination amending any entitlement referred to in subsection (5) at any time before the Minister makes a determination in accordance with paragraph (e).
71: Transitional provision concerning section 22
During the transitional period referred to in section 70(1) section 22 section 70(6)﻿(b)
72: Transitional provision concerning ongoing travel entitlements of former members
Despite the repeal by this Act of the Civil List Act 1979 Parliamentary Travel, Accommodation, Attendance, and Communications Services Determination 2012
a: subpart 3 of Part 6 of the document entitled Directions by the Speaker of the House of Representatives 2011 Speaker's directions
b: the provisions of that subpart must be interpreted, and the entitlements under it must be administered, in accordance with the Speaker's directions as if this Act had not been enacted.
73: Transitional provision concerning tax-treatment of ongoing travel entitlements of former members
Despite the repeal and substitution, by this Act, of sections CW 31 CX 12
a: those sections, as in force on 16 December 2013, do not apply to the travel entitlements of former members paid under section 72
b: those sections, as in force on 15 December 2013, continue to apply to those entitlements.