{"id":"C2004A01047","name":"Parliamentary Retirement Travel Act 2002","slug":"parliamentary-retirement-travel-act-2002","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"110 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24973,"registerId":"commonwealth-C2004A01047-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"An Act about travel entitlements for retired members of the Parliament, and for other purposes\n\n## Part 1—Introduction\n\n#### 1 Short title\n\n This Act may be cited as the Parliamentary Retirement Travel Act 2002.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

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

\n```\n\n> 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.\n\n (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.\n\n#### 3 Simplified outline of this Act\n\n• On retirement from the Parliament a person may, if he or she has satisfied the relevant qualifying period, become the holder of a Parliamentary Retirement Travel Entitlement conferring travel entitlements under this Act.\n\n• For former members who are not former Prime Ministers:\n\n(a) there are limits on when a person must have entered Parliament, and when a person must have satisfied the qualifying period and retired from the Parliament, in order to become the holder of a Parliamentary Retirement Travel Entitlement; and\n\n(b) a Parliamentary Retirement Travel Entitlement expires after a limited period.\n\n• This Act also confers some travel entitlements on the spouse or de facto partner of a retired former Prime Minister.\n\n• Travel entitlements are limited to return trips that are within Australia, and that comply with certain other requirements (including that the travel be for the public benefit). There are also limits on the number of trips to which a person is entitled.\n\n• 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 travel entitlements under this Act and from severance travel.\n\n• No person other than a retired former Prime Minister or the spouse or de facto partner of a retired former Prime Minister will have a Parliamentary Retirement Travel Entitlement after the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences.\n\n#### 3A Change of name of entitlement to travel\n\n (1) From the commencement of this section, the name for what was previously called a “Life Gold Pass” (the old name) is, by force of this section, changed to a “Parliamentary Retirement Travel Entitlement” (the new name).\n (2) A reference in this Act to the new name includes (if the reference relates to a time before the commencement of this section) a reference to the old name.\n\n#### 4 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australia does not include an external Territory.\n\n> 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.\n\n> convicted, when used in relation to a corruption offence, has the same meaning as in the Crimes (Superannuation Benefits) Act 1989.\n\n> corruption offence has the same meaning as in the Crimes (Superannuation Benefits) Act 1989.\n\n> de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.\n\n> domestic return trip means a return trip that:\n\n (a) is wholly within Australia; and\n (b) satisfies the purpose test specified in section 4AA; and\n (c) is on a scheduled transport service or on a combination of scheduled transport services.\n\n> Note: See also sections 7 and 8.\n\n> DPP means the Director of Public Prosecutions.\n\n> end of a Parliament: a Parliament ends when the House of Representatives is dissolved or expires.\n\n> former member means a person who has retired from the Parliament.\n\n> holder of a Parliamentary Retirement Travel Entitlement means a former member who, on retirement from the Parliament, was qualified to hold a Parliamentary Retirement Travel Entitlement, but does not include a former member who cannot be, or who has ceased to be, a holder of a Parliamentary Retirement Travel Entitlement because of section 4A, 4B or 4C.\n\n> Note: A person who has retired from Parliament may be qualified to hold a Parliamentary Retirement Travel Entitlement under a determination of the Remuneration Tribunal (see section 30).\n\n> member means a member of either House of the Parliament.\n\n> nominal expiry time for a Parliamentary Retirement Travel Entitlement: see subsection 18(4).\n\n> parliamentary allowance has the same meaning as in the Parliamentary Superannuation Act 2004.\n\n> Parliamentary Retirement Travel Entitlement: see section 3A.\n\n> Remuneration Tribunal Minister means the Minister who administers the Remuneration Tribunal Act 1973.\n\n> retirement from the Parliament has the meaning given by section 5.\n\n> scheduled transport service means:\n\n (a) a scheduled air service; or\n (b) a scheduled rail service; or\n (c) a scheduled bus service; or\n (d) a scheduled tram service; or\n (e) a scheduled ferry service; or\n (f) a scheduled vehicular service.\n\n> senior office holder means:\n\n (a) a Minister, other than the Prime Minister or a Parliamentary Secretary; or\n (b) the President of the Senate or the Speaker of the House of Representatives; or\n (c) the Leader of the Opposition in the House of Representatives.\n\n> severance travel means travel at the expense of the Commonwealth under:\n\n (a) clause 8.1 of Determination 1998/26 (as amended) of the Remuneration Tribunal; or\n (b) the corresponding provision of another determination of the Remuneration Tribunal (whether made before or after the commencement of this section).\n\n> spouse, in relation to a person, means the person’s legally married husband or legally married wife.\n\n> stop‑over, in relation to a return trip, means a stop‑over in the forward or return part of the trip.\n\n> 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:\n\n (a) was named in a nomination in force under section 9B; or\n (b) if the person died while a member and satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement before his or her death—was named in a nomination in force for the purposes of a travel entitlement administered by the Department; or\n (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.\n\n> year means:\n\n (a) the financial year beginning on 1 July 2003; or\n (b) a later financial year.\n\n#### 4AA The purpose test\n\n A return trip by a person satisfies the purpose test if the person undertakes the trip for a purpose that is for the public benefit, and does not undertake the trip for a commercial purpose or a private purpose.\n\n#### 4A Closing the Parliamentary Retirement Travel Entitlement scheme to new members, other than to members who become Prime Minister\n\n (1A) Nothing in this section prevents a former member who has been the Prime Minister from becoming a holder of a Parliamentary Retirement Travel Entitlement.\n (1) A former member cannot become a holder of a Parliamentary Retirement Travel Entitlement if the first time that the former member became entitled to a parliamentary allowance was at or after the commencement of this section.\n (2) A former member who has been entitled to a parliamentary allowance before the commencement of this section cannot become a holder of a Parliamentary Retirement Travel Entitlement if, immediately before that commencement, the former member:\n (a) was not a holder of a Parliamentary Retirement Travel Entitlement; and\n (b) was not entitled to a parliamentary allowance.\n (3) A former member who was entitled to a parliamentary allowance immediately before the commencement of this section cannot become a holder of a Parliamentary Retirement Travel Entitlement if:\n (a) at or after that commencement, the former member ceased to be entitled to a parliamentary allowance; and\n (b) the former member was not a holder of a Parliamentary Retirement Travel Entitlement at the time of that cessation.\n (4) For the purposes of subsections (2) and (3), if a person:\n (a) ceased to be a member of the House of Representatives upon the dissolution or expiration of that House; and\n (b) was elected as a member of the Senate within 3 months after so ceasing to be a member of the House of Representatives;\n then the person is taken to have been entitled to a parliamentary allowance from the time of so ceasing to be a member of the House of Representatives until the time the person first becomes entitled to a parliamentary allowance after being so elected as a member of the Senate.\n (5) For the purposes of subsections (2) and (3), if a person:\n (a) resigned as a member of the Senate; and\n (b) was elected as a member of the House of Representatives within 3 months after the resignation;\n then the person is taken to have been entitled to a parliamentary allowance from the time the person resigned as a member of the Senate until the time the person was elected as a member of the House of Representatives.\n (6) For the purposes of subsections (4) and (5), a person who is elected as a result of a polling is taken to be elected on the polling day.\n\n#### 4B Other limitations on becoming a holder of a Parliamentary Retirement Travel Entitlement\n\n (1) A person who did not satisfy the relevant qualifying period before 14 May 2014 cannot become a holder of a Parliamentary Retirement Travel Entitlement on retirement from the Parliament, unless the person is the Prime Minister, or a former Prime Minister, when he or she retires.\n (2) A person who satisfied the relevant qualifying period before 14 May 2014 cannot become a holder of a Parliamentary Retirement Travel Entitlement on retirement from the Parliament on or after the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences, unless the person is the Prime Minister, or a former Prime Minister, when he or she retires.\n\n#### 4C Expiry of Parliamentary Retirement Travel Entitlement (other than for former Prime Ministers)\n\n Parliamentary Retirement Travel Entitlement (other than for former Prime Ministers) expires in accordance with this section\n (1) If:\n (a) a person is a holder of a Parliamentary Retirement Travel Entitlement on 13 May 2014, or becomes a holder of a Parliamentary Retirement Travel Entitlement after that day; and\n (b) the person is not a former Prime Minister;\n the person’s Parliamentary Retirement Travel Entitlement expires in accordance with this section.\n Effects of expiry\n (2) The effects of expiry of a person’s Parliamentary Retirement Travel Entitlement are as follows:\n (a) the person ceases, on the expiry of the Entitlement, to be a holder of a Parliamentary Retirement Travel Entitlement;\n (b) subject to subsection (3), the person can never again become entitled to, or be a holder of, a Parliamentary Retirement Travel Entitlement;\n (c) the expiry of the Parliamentary Retirement Travel Entitlement does not affect an entitlement under this Act in respect of a return trip that a person has taken, or started to take, before the expiry of the Entitlement.\n (3) Paragraph (2)(b) does not apply to a person who later becomes the Prime Minister.\n Certain Parliamentary Retirement Travel Entitlements expire at the end of 13 May 2014\n (4) If:\n (a) on retirement from the Parliament before 14 May 2008, a person became a holder of a Parliamentary Retirement Travel Entitlement; and\n (b) the person is a former senior office holder but is not a former Prime Minister;\n the person’s Parliamentary Retirement Travel Entitlement expires at the end of 13 May 2014.\n (5) If:\n (a) on retirement from the Parliament before 14 May 2011, a person became a holder of a Parliamentary Retirement Travel Entitlement; and\n (b) the person is not a former Prime Minister or a former senior office holder;\n the person’s Parliamentary Retirement Travel Entitlement expires at the end of 13 May 2014.\n Expiry of other Parliamentary Retirement Travel Entitlements\n (6) If:\n (a) on retirement from the Parliament on or after 14 May 2008, a person became or becomes a holder of a Parliamentary Retirement Travel Entitlement; and\n (b) the person is a former senior office holder but is not a former Prime Minister;\n the person’s Parliamentary Retirement Travel Entitlement expires (subject to subsection (8)) at the earliest of the following:\n (c) the end of 72 months starting on the date of the retirement;\n (d) the second end of a Parliament to occur after:\n (i) the date of the retirement (unless subparagraph (ii) applies); or\n (ii) if the retirement occurs during a Parliament (the current Parliament)—the end of the current Parliament;\n (e) the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences.\n (7) If:\n (a) on retirement from the Parliament on or after 14 May 2011, a person became or becomes a holder of a Parliamentary Retirement Travel Entitlement; and\n (b) the person is not a former Prime Minister or a former senior office holder;\n the person’s Parliamentary Retirement Travel Entitlement expires (subject to subsection (8)) at the earliest of the following:\n (c) the end of 36 months starting on the date of the retirement;\n (d) the next end of a Parliament to occur after:\n (i) the date of the retirement (unless subparagraph (ii) applies); or\n (ii) if the retirement occurs during a Parliament (the current Parliament)—the end of the current Parliament;\n (e) the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences.\n (8) If, under subsection (6) or (7), a Parliamentary Retirement Travel Entitlement would (but for this subsection) expire at a time before the end of 13 May 2014, the Parliamentary Retirement Travel Entitlement is instead taken to expire under that subsection at the end of that day.\n\n#### 5 Retirement from the Parliament\n\n (1) For the purposes of this Act, a person retires from the Parliament when the person ceases to be a member.\n (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.\n (3) This Act applies to retirement from the Parliament, whether the retirement occurs before, at or after the commencement of this section.\n\n#### 6 Death of sitting member\n\n For the purposes of this Act, if:\n (a) a person dies while a member (whether the death occurs before, at or after the commencement of this section); and\n (b) immediately before his or her death, the person satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement;\n the person is taken:\n (c) to have retired from the Parliament at the time of his or her death; and\n (d) to have been qualified to hold a Parliamentary Retirement Travel Entitlement on retirement from the Parliament.\n\n#### 7 When return trip is wholly within Australia\n\n For the purposes of this Act, a return trip is wholly within Australia if, and only if:\n (a) the trip begins at a place (the starting place) within Australia; and\n (b) the destination is a place within Australia; and\n (c) each stop‑over (if any) is at a place within Australia; and\n (d) the trip ends at the starting place.\n\n#### 8 Stop‑over does not affect continuity of trip\n\n 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.\n\n> Note: See also Part 7.\n\n#### 9 When return trip is in a year etc.\n\n Year\n (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).\n Surviving spouse or de facto partner\n (2) Subsection (1) does not apply for the purposes of determining the entitlements of the surviving spouse or de facto partner of a former Prime Minister.\n (3) If:\n (a) the surviving spouse or de facto partner of a former Prime Minister has entitlements under this Act in relation to:\n (i) the 12‑month period beginning at the time of the death of the former Prime Minister or the commencement of this section, whichever is the later; and\n (ii) each succeeding 12‑month period; and\n (b) the surviving spouse or de facto partner begins a return trip in one of those 12‑month periods;\n 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).\n (4) If the surviving spouse or de facto partner of a former Prime Minister has entitlements under this Act only in relation to:\n (a) the 12‑month period beginning at the time of the death of the former Prime Minister or the commencement of this section, whichever is the later; and\n (b) the next succeeding 12‑month period;\n then:\n (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\n (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.\n\n#### 9A Entitlement of spouses and de facto partners\n\n (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.\n\n> Note: Spouse or de facto partner entitlements under this Act are limited to a spouse or de facto partner of a retired former Prime Minister.\n\n (2) Only one spouse or de facto partner of a person may be nominated at any time.\n\n#### 9B Nomination of spouse or de facto partner\n\n (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.\n\n> Note: Spouse or de facto partner entitlements under this Act are limited to a spouse or de facto partner of a retired former Prime Minister.\n\n (2) The nomination must:\n (a) be in writing; and\n (b) name the spouse or de facto partner; and\n (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.\n (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.\n (4) The nomination is in force during the period:\n (a) beginning on the start day; and\n (b) ending on the earlier of:\n (i) the day the person makes a written revocation of the nomination; or\n (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.\n (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.\n\n> 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.\n\n## Part 2—Former Prime Ministers who have retired from the Parliament\n\n#### 10 Former Prime Ministers who have retired from the Parliament\n\n (1) The following table has effect:\n\n```html\n

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 Parliamentary Retirement Travel Entitlement

a maximum of 30 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 Parliamentary Retirement Travel Entitlement

a maximum of 20 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.

\n```\n\n Pro‑rata adjustments\n (2) Subsection (1) has effect subject to section 14 (pro‑rata adjustments).\n Non‑accompanying/joining trip\n (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 spouse or de facto partner is not accompanying or joining the former Prime Minister.\n\n## Part 3—Former members\n\n#### 11 Former members\n\n Scope\n (1) This section applies if a former member never held office as Prime Minister.\n Entitlements\n (2) The following table has effect:\n\n```html\n

Entitlements

Item

This person...

is entitled to...

1

a former member who is the holder of a Parliamentary Retirement Travel Entitlement and who is a former senior office holder

a maximum of 10 domestic return trips per year.

2

a former member who is the holder of a Parliamentary Retirement Travel Entitlement and who is not a former senior office holder

a maximum of 5 domestic return trips per year.

\n```\n\n Pro‑rata adjustments\n (3) Subsection (2) has effect subject to section 14 (pro‑rata adjustments).\n\n## Part 5—Pro‑rata adjustments\n\n#### 13 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• This Part adjusts entitlements in the following situations:\n\n(a) a pro‑rata adjustment where a member retires during a year;\n\n(b) a pro‑rata adjustment where a person becomes the spouse or de facto partner of a retired former Prime Minister during a year;\n\n(c) a pro‑rata adjustment where the maximum term of a Parliamentary Retirement Travel Entitlement under subsection 4C(6) or (7) will end during a year.\n\n#### 14 Pro‑rata adjustments\n\n Adjustments if member retires, or former Prime Minister nominates spouse or de facto partner, during a year\n (1) The following table has effect:\n\n```html\n

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 item 1 or 2 of a table in Part 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 to a person who is the spouse or de facto partner of a former Prime Minister

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 Prime Minister at a time when the former Prime Minister was retired from the Parliament;

(b) the former Prime Minister 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 Prime Minister retires from the Parliament.

\n```\n\n Pro‑rating of entitlement\n (2) The number of domestic return trips for the purposes of the table in subsection (1) is:\n (a) for table item 1—the number of trips worked out using the formula in subsection (2A); or\n (b) for table item 2—the lower of the number of trips worked out using that formula, and the difference between:\n (i) the maximum number of trips specified in the relevant item of the table in Part 2 for a spouse or de facto partner of the retired former Prime Minister; and\n (ii) the number of trips (if any) already taken in the year by a spouse or de facto partner of the retired former Prime Minister previously nominated under section 9B.\n (2A) For the purposes of paragraph (2)(a), the formula is:\n ![](image.002.png)\n where:\n\n> remaining period means the period:\n\n (a) beginning on the day worked out using the table; and\n (b) ending at the end of the year.\n (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).\n Adjustments if maximum term of Parliamentary Retirement Travel Entitlement under subsection 4C(6) or (7) will end during a year\n (4) For the purposes of the application of item 1 or 2 of the table in section 11 to a former member to whom subsection 4C(6) or (7) applies, if the 72 or 36 months (the maximum term) specified in paragraph (c) of that subsection will end during a year, the item has effect for that year as if the number of domestic return trips specified in the item were the number worked out using the formula:\n ![](image.003.png)\n where:\n\n> eligible period means the period:\n\n (a) beginning at the start of that year; and\n (b) ending at the end of the maximum term.\n\n> Note: Under section 4C, a Parliamentary Retirement Travel Entitlement may expire before the end of the maximum term. This subsection is not to be taken to imply that there is an entitlement in respect of a return trip that is started after the expiry of the Entitlement.\n\n (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).\n\n## Part 6—Disqualification of person convicted of a corruption offence\n\n#### 15 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• 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 Parliamentary Retirement Travel Entitlement travel and severance travel.\n\n#### 16 When this Part applies—superannuation order made in relation to a person convicted of a corruption offence\n\n Scope\n (1) This Part applies to a person if:\n (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\n (b) the order relates to the person’s conviction of a corruption offence that was committed when the person was a member; and\n (c) the order was not revoked before the commencement of this Part.\n DPP to notify order to the Minister\n (2) As soon as practicable after the order is made, the DPP must give written notice of the fact to the Minister.\n Pre‑commencement orders\n (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.\n\n#### 17 Consequences of order\n\n The following table has effect:\n\n```html\n

Consequences of order

Item

If...

the consequence of the making of the order is that...

1

the person was the holder of a Parliamentary Retirement Travel Entitlement when the order was made

the person is taken to have ceased to be the holder of a Parliamentary Retirement Travel Entitlement and, if a Parliamentary Retirement Travel Entitlement had been issued to the person before the order was made:

(a) the Parliamentary Retirement Travel Entitlement is cancelled; and

(b) the person must return the Parliamentary Retirement Travel Entitlement 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 Parliamentary Retirement Travel Entitlement when the order was made;

(b) the person had satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement when the order was made

the person is taken to have ceased to satisfy the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement.

3

the following conditions are satisfied:

(a) the person was not the holder of a Parliamentary Retirement Travel Entitlement when the order was made;

(b) the person had not satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement when the order was made

the person is incapable of satisfying the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement.

4

the person is not the holder of a Parliamentary Retirement Travel Entitlement

the person is not entitled to severance travel.

\n```\n\n#### 18 Revocation of order\n\n DPP to notify revocation to the Minister\n (1) If the order is revoked, the DPP must give written notice of the fact to the Minister.\n Effect of revocation of order\n (2) If the order is revoked, the following table has effect:\n\n```html\n

Effect of revocation

Item

If...

the effect of the revocation of the order is that...

1

the person’s Parliamentary Retirement Travel Entitlement was cancelled under item 1 of the table in section 17

the Parliamentary Retirement Travel Entitlement is to be restored to the person as soon as practicable.

2

the person was the holder of a Parliamentary Retirement Travel Entitlement when the order was made

the person is taken to have resumed being the holder of a Parliamentary Retirement Travel Entitlement.

3

both of the following conditions are satisfied:

(a) the person was not the holder of a Parliamentary Retirement Travel Entitlement when the order was made;

(b) the person had satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement when the order was made

the person is taken to have resumed satisfying the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement.

4

the following conditions are satisfied:

(a) the person was not the holder of a Parliamentary Retirement Travel Entitlement when the order was made;

(b) the person had not satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement 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 Parliamentary Retirement Travel Entitlement.

5

the person is not the holder of a Parliamentary Retirement Travel Entitlement

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.

\n```\n\n Interaction between items 1 and 2 of the table in subsection (2) and the rules in section 4C about expiry of Parliamentary Retirement Travel Entitlements\n (3) If:\n (a) item 2 of the table in subsection (2) applies (whether or not item 1 also applies); and\n (b) the person is not a former Prime Minister;\n then nothing in either of those items is to be taken to result in the person resuming being the holder of a Parliamentary Retirement Travel Entitlement, or in requiring a Parliamentary Retirement Travel Entitlement to be restored to the person, on the revocation of the order if the revocation takes effect after the nominal expiry time for the Parliamentary Retirement Travel Entitlement that the person held when the order was made.\n Meaning of nominal expiry time\n (4) The nominal expiry time for a Parliamentary Retirement Travel Entitlement is the time specified in section 4C for the expiry of the Entitlement.\n\n#### 19 Revocation of order—compensatory travel\n\n (1) If the order is revoked, the following table has effect:\n\n```html\n

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.

\n```\n\n (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.\n\n## Part 7—Stop‑overs of more than 24 hours\n\n#### 20 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• 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.\n\n#### 21 Stop‑over—general rule\n\n For the purposes of this Act, if:\n (a) a former member, or the surviving spouse or de facto partner of a former Prime Minister undertakes a domestic return trip; and\n (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\n (c) there are one or more stop‑overs that satisfy the following conditions:\n (i) the stop‑over is longer than 24 hours;\n (ii) none of the circumstances surrounding the stop‑over are circumstances of a kind declared by the regulations to be exceptional circumstances;\n 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.\n\n#### 22 Stop‑over by spouse or de facto partner of retired former Prime Minister\n\n For the purposes of this Act, if:\n (a) the spouse or de facto partner of a former Prime Minister undertakes a domestic return trip; and\n (b) the former Prime Minister has retired from the Parliament; and\n (c) the return trip uses an entitlement of the spouse or de facto partner under this Act; and\n (d) there are one or more stop‑overs that satisfy the following conditions:\n (i) the stop‑over is longer than 24 hours;\n (ii) none of the circumstances surrounding the stop‑over are circumstances of a kind declared by the regulations to be exceptional circumstances;\n then, for each such stop‑over, the spouse or de facto partner is taken to have completed an additional 0.5 domestic return trips:\n (e) at the time when the return trip was completed; and\n (f) if the return trip was accompanying or joining the former Prime Minister—accompanying or joining the former Prime Minister; and\n (g) if the return trip was not accompanying or joining the former Prime Minister—not accompanying or joining the former Prime Minister.\n\n## Part 8—Miscellaneous\n\n#### 25 Entitlement limited to travel\n\n 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.\n\n#### 26 Class of travel\n\n Travel under this Act on a domestic return trip is to be at the same class of travel prescribed under section 30 of the Parliamentary Business Resources Act 2017 for a member.\n\n#### 27 Entitlements not transferable\n\n A person’s entitlement to travel under this Act cannot be transferred to, or used by, another person.\n\n#### 28 Entitlements cannot be carried forward etc.\n\n (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.\n (2) If the surviving spouse or de facto partner of a retired former Prime Minister 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.\n (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.\n\n#### 29 Use of official frequent flyer points\n\n (1) If:\n (a) a person has accrued frequent flyer points as a result of travel at the expense of the Commonwealth; and\n (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\n (c) if the points had not been used, the traveller would have been entitled to the return trip under this Act;\n the traveller is taken to have used an entitlement under this Act in relation to the return trip.\n\n> Note: Spouse or de facto partner entitlements under this Act are limited to a spouse or de facto partner of a retired former Prime Minister.\n\n (2) This section applies to frequent flyer points accrued before, at or after the commencement of this section.\n\n#### 30 Determinations of the Remuneration Tribunal\n\n (1A) The Remuneration Tribunal may make a determination for the purposes of this Act.\n Inconsistency\n (1) A determination of the Remuneration Tribunal under subsection (1A) has no effect to the extent to which it is inconsistent with this Act.\n Qualification for a Parliamentary Retirement Travel Entitlement\n (2) A determination of the Remuneration Tribunal under subsection (1A) is to make provision for the circumstances in which a member will, on retirement from the Parliament, qualify for a Parliamentary Retirement Travel Entitlement.\n (3) A determination under subsection (1A) may provide for different circumstances for different kinds of members.\n Severance travel\n (5) This Act (other than Part 6) does not affect:\n (a) clauses 8.1 to 8.6 of Determination 1998/26 (as amended) of the Remuneration Tribunal; or\n (b) the corresponding provisions of another determination of the Remuneration Tribunal (whether made before or after the commencement of this section and whether made under subsection (1A) or any other Act).\n\n#### 30AA Requirements for determinations\n\n (1) A determination of the Remuneration Tribunal under section 30 must be in writing.\n Commencement of the determination\n (2) The determination comes into operation on:\n (a) the day specified in the determination; or\n (b) the day an event specified in the determination occurs or occurred.\n Dealing with the determination once made\n (3) The Tribunal must give the Remuneration Tribunal Minister a copy of the determination.\n (4) The Tribunal must ensure that its reasons for making the determination are published on its website and notified to the Remuneration Tribunal Minister.\n Legislative instrument\n (5) The determination is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.\n\n#### 30A Recoverable payments\n\n (1) If, apart from this subsection and paragraph 31(b), the Commonwealth does not have power under this Act to make a payment of an amount purportedly by way of an entitlement of a person (the recipient) to travel at Commonwealth expense, then:\n (a) the Commonwealth has the power to make the payment; and\n (b) for the purpose of section 31, the payment is taken to be a payment of costs of travel under this Act; and\n (c) the amount of the payment:\n (i) is a debt due to the Commonwealth by the recipient; and\n (ii) may be recovered by action in a court of competent jurisdiction.\n (2) The reference in subsection (1) to the Commonwealth not having power to make a payment of an amount purportedly by way of an entitlement of a person to travel at Commonwealth expense includes a reference to the Commonwealth only having power to make a payment for lower‑cost travel. In this situation, paragraph (1)(c) applies to the amount by which the payment of costs exceeds what it would have been if the lower‑cost travel had instead been undertaken.\n Interaction with debt recovery regime in section 33\n (3) If an amount is recovered under subsection 33(2), the amount cannot be recovered under paragraph (1)(c) of this section.\n (4) If an amount is recovered under paragraph (1)(c), the amount cannot be recovered under subsection 33(2).\n\n#### 31 Appropriation\n\n The Consolidated Revenue Fund is appropriated for the purposes of:\n (a) making payments of the costs of travel under this Act; and\n (b) making other payments in the course of the administration of this Act.\n\n#### 32 Compensation—constitutional safety net\n\n (1) If:\n (a) the operation of this Act would result in the acquisition of property otherwise than on just terms; and\n (b) the acquisition would not be valid, apart from this section, because a particular person has not been compensated;\n the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (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.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n#### 33 Unauthorised travel—recovery of expenses\n\n (1) If:\n (a) a person travels at the expense of the Commonwealth; and\n (b) the travel is purportedly authorised under:\n (i) this Act; or\n (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\n (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\n (c) the person was not eligible to travel at the expense of the Commonwealth;\n the person is liable to pay to the Commonwealth an amount equal to the amount of the expenses incurred by the Commonwealth.\n Action for recovery of expenses\n (2) The amount may be recovered, as a debt due to the Commonwealth by the person, by action in a court of competent jurisdiction.\n Transitional—subparagraph (1)(b)(ii)\n (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.\n\n#### 35 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Parliamentary Retirement Travel Act 2002.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (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.\n\n```html\n

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

\n```\n\n> 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.\n\n (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.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 3 Simplified outline of this Act\n\n• On retirement from the Parliament a person may, if he or she has satisfied the relevant qualifying period, become the holder of a Parliamentary Retirement Travel Entitlement conferring travel entitlements under this Act.\n\n• For former members who are not former Prime Ministers:\n\n(a) there are limits on when a person must have entered Parliament, and when a person must have satisfied the qualifying period and retired from the Parliament, in order to become the holder of a Parliamentary Retirement Travel Entitlement; and\n\n(b) a Parliamentary Retirement Travel Entitlement expires after a limited period.\n\n• This Act also confers some travel entitlements on the spouse or de facto partner of a retired former Prime Minister.\n\n• Travel entitlements are limited to return trips that are within Australia, and that comply with certain other requirements (including that the travel be for the public benefit). There are also limits on the number of trips to which a person is entitled.\n\n• 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 travel entitlements under this Act and from severance travel.\n\n• No person other than a retired former Prime Minister or the spouse or de facto partner of a retired former Prime Minister will have a Parliamentary Retirement Travel Entitlement after the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences.","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Change of name of entitlement to travel","content":"#### 3A Change of name of entitlement to travel\n\n (1) From the commencement of this section, the name for what was previously called a “Life Gold Pass” (the old name) is, by force of this section, changed to a “Parliamentary Retirement Travel Entitlement” (the new name).\n (2) A reference in this Act to the new name includes (if the reference relates to a time before the commencement of this section) a reference to the old name.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australia does not include an external Territory.\n\n> 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.\n\n> convicted, when used in relation to a corruption offence, has the same meaning as in the Crimes (Superannuation Benefits) Act 1989.\n\n> corruption offence has the same meaning as in the Crimes (Superannuation Benefits) Act 1989.\n\n> de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.\n\n> domestic return trip means a return trip that:\n\n (a) is wholly within Australia; and\n (b) satisfies the purpose test specified in section 4AA; and\n (c) is on a scheduled transport service or on a combination of scheduled transport services.\n\n> Note: See also sections 7 and 8.\n\n> DPP means the Director of Public Prosecutions.\n\n> end of a Parliament: a Parliament ends when the House of Representatives is dissolved or expires.\n\n> former member means a person who has retired from the Parliament.\n\n> holder of a Parliamentary Retirement Travel Entitlement means a former member who, on retirement from the Parliament, was qualified to hold a Parliamentary Retirement Travel Entitlement, but does not include a former member who cannot be, or who has ceased to be, a holder of a Parliamentary Retirement Travel Entitlement because of section 4A, 4B or 4C.\n\n> Note: A person who has retired from Parliament may be qualified to hold a Parliamentary Retirement Travel Entitlement under a determination of the Remuneration Tribunal (see section 30).\n\n> member means a member of either House of the Parliament.\n\n> nominal expiry time for a Parliamentary Retirement Travel Entitlement: see subsection 18(4).\n\n> parliamentary allowance has the same meaning as in the Parliamentary Superannuation Act 2004.\n\n> Parliamentary Retirement Travel Entitlement: see section 3A.\n\n> Remuneration Tribunal Minister means the Minister who administers the Remuneration Tribunal Act 1973.\n\n> retirement from the Parliament has the meaning given by section 5.\n\n> scheduled transport service means:\n\n (a) a scheduled air service; or\n (b) a scheduled rail service; or\n (c) a scheduled bus service; or\n (d) a scheduled tram service; or\n (e) a scheduled ferry service; or\n (f) a scheduled vehicular service.\n\n> senior office holder means:\n\n (a) a Minister, other than the Prime Minister or a Parliamentary Secretary; or\n (b) the President of the Senate or the Speaker of the House of Representatives; or\n (c) the Leader of the Opposition in the House of Representatives.\n\n> severance travel means travel at the expense of the Commonwealth under:\n\n (a) clause 8.1 of Determination 1998/26 (as amended) of the Remuneration Tribunal; or\n (b) the corresponding provision of another determination of the Remuneration Tribunal (whether made before or after the commencement of this section).\n\n> spouse, in relation to a person, means the person’s legally married husband or legally married wife.\n\n> stop‑over, in relation to a return trip, means a stop‑over in the forward or return part of the trip.\n\n> 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:\n\n (a) was named in a nomination in force under section 9B; or\n (b) if the person died while a member and satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement before his or her death—was named in a nomination in force for the purposes of a travel entitlement administered by the Department; or\n (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.\n\n> year means:\n\n (a) the financial year beginning on 1 July 2003; or\n (b) a later financial year.","sortOrder":5},{"sectionNumber":"4AA","sectionType":"section","heading":"The purpose test","content":"#### 4AA The purpose test\n\n A return trip by a person satisfies the purpose test if the person undertakes the trip for a purpose that is for the public benefit, and does not undertake the trip for a commercial purpose or a private purpose.","sortOrder":6},{"sectionNumber":"4A","sectionType":"section","heading":"Closing the Parliamentary Retirement Travel Entitlement scheme to new members, other than to members who become Prime Minister","content":"#### 4A Closing the Parliamentary Retirement Travel Entitlement scheme to new members, other than to members who become Prime Minister\n\n (1A) Nothing in this section prevents a former member who has been the Prime Minister from becoming a holder of a Parliamentary Retirement Travel Entitlement.\n (1) A former member cannot become a holder of a Parliamentary Retirement Travel Entitlement if the first time that the former member became entitled to a parliamentary allowance was at or after the commencement of this section.\n (2) A former member who has been entitled to a parliamentary allowance before the commencement of this section cannot become a holder of a Parliamentary Retirement Travel Entitlement if, immediately before that commencement, the former member:\n (a) was not a holder of a Parliamentary Retirement Travel Entitlement; and\n (b) was not entitled to a parliamentary allowance.\n (3) A former member who was entitled to a parliamentary allowance immediately before the commencement of this section cannot become a holder of a Parliamentary Retirement Travel Entitlement if:\n (a) at or after that commencement, the former member ceased to be entitled to a parliamentary allowance; and\n (b) the former member was not a holder of a Parliamentary Retirement Travel Entitlement at the time of that cessation.\n (4) For the purposes of subsections (2) and (3), if a person:\n (a) ceased to be a member of the House of Representatives upon the dissolution or expiration of that House; and\n (b) was elected as a member of the Senate within 3 months after so ceasing to be a member of the House of Representatives;\n then the person is taken to have been entitled to a parliamentary allowance from the time of so ceasing to be a member of the House of Representatives until the time the person first becomes entitled to a parliamentary allowance after being so elected as a member of the Senate.\n (5) For the purposes of subsections (2) and (3), if a person:\n (a) resigned as a member of the Senate; and\n (b) was elected as a member of the House of Representatives within 3 months after the resignation;\n then the person is taken to have been entitled to a parliamentary allowance from the time the person resigned as a member of the Senate until the time the person was elected as a member of the House of Representatives.\n (6) For the purposes of subsections (4) and (5), a person who is elected as a result of a polling is taken to be elected on the polling day.","sortOrder":7},{"sectionNumber":"4B","sectionType":"section","heading":"Other limitations on becoming a holder of a Parliamentary Retirement Travel Entitlement","content":"#### 4B Other limitations on becoming a holder of a Parliamentary Retirement Travel Entitlement\n\n (1) A person who did not satisfy the relevant qualifying period before 14 May 2014 cannot become a holder of a Parliamentary Retirement Travel Entitlement on retirement from the Parliament, unless the person is the Prime Minister, or a former Prime Minister, when he or she retires.\n (2) A person who satisfied the relevant qualifying period before 14 May 2014 cannot become a holder of a Parliamentary Retirement Travel Entitlement on retirement from the Parliament on or after the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences, unless the person is the Prime Minister, or a former Prime Minister, when he or she retires.","sortOrder":8},{"sectionNumber":"4C","sectionType":"section","heading":"Expiry of Parliamentary Retirement Travel Entitlement (other than for former Prime Ministers)","content":"#### 4C Expiry of Parliamentary Retirement Travel Entitlement (other than for former Prime Ministers)\n\n Parliamentary Retirement Travel Entitlement (other than for former Prime Ministers) expires in accordance with this section\n (1) If:\n (a) a person is a holder of a Parliamentary Retirement Travel Entitlement on 13 May 2014, or becomes a holder of a Parliamentary Retirement Travel Entitlement after that day; and\n (b) the person is not a former Prime Minister;\n the person’s Parliamentary Retirement Travel Entitlement expires in accordance with this section.\n Effects of expiry\n (2) The effects of expiry of a person’s Parliamentary Retirement Travel Entitlement are as follows:\n (a) the person ceases, on the expiry of the Entitlement, to be a holder of a Parliamentary Retirement Travel Entitlement;\n (b) subject to subsection (3), the person can never again become entitled to, or be a holder of, a Parliamentary Retirement Travel Entitlement;\n (c) the expiry of the Parliamentary Retirement Travel Entitlement does not affect an entitlement under this Act in respect of a return trip that a person has taken, or started to take, before the expiry of the Entitlement.\n (3) Paragraph (2)(b) does not apply to a person who later becomes the Prime Minister.\n Certain Parliamentary Retirement Travel Entitlements expire at the end of 13 May 2014\n (4) If:\n (a) on retirement from the Parliament before 14 May 2008, a person became a holder of a Parliamentary Retirement Travel Entitlement; and\n (b) the person is a former senior office holder but is not a former Prime Minister;\n the person’s Parliamentary Retirement Travel Entitlement expires at the end of 13 May 2014.\n (5) If:\n (a) on retirement from the Parliament before 14 May 2011, a person became a holder of a Parliamentary Retirement Travel Entitlement; and\n (b) the person is not a former Prime Minister or a former senior office holder;\n the person’s Parliamentary Retirement Travel Entitlement expires at the end of 13 May 2014.\n Expiry of other Parliamentary Retirement Travel Entitlements\n (6) If:\n (a) on retirement from the Parliament on or after 14 May 2008, a person became or becomes a holder of a Parliamentary Retirement Travel Entitlement; and\n (b) the person is a former senior office holder but is not a former Prime Minister;\n the person’s Parliamentary Retirement Travel Entitlement expires (subject to subsection (8)) at the earliest of the following:\n (c) the end of 72 months starting on the date of the retirement;\n (d) the second end of a Parliament to occur after:\n (i) the date of the retirement (unless subparagraph (ii) applies); or\n (ii) if the retirement occurs during a Parliament (the current Parliament)—the end of the current Parliament;\n (e) the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences.\n (7) If:\n (a) on retirement from the Parliament on or after 14 May 2011, a person became or becomes a holder of a Parliamentary Retirement Travel Entitlement; and\n (b) the person is not a former Prime Minister or a former senior office holder;\n the person’s Parliamentary Retirement Travel Entitlement expires (subject to subsection (8)) at the earliest of the following:\n (c) the end of 36 months starting on the date of the retirement;\n (d) the next end of a Parliament to occur after:\n (i) the date of the retirement (unless subparagraph (ii) applies); or\n (ii) if the retirement occurs during a Parliament (the current Parliament)—the end of the current Parliament;\n (e) the day section 1 of the Parliamentary Entitlements Legislation Amendment Act 2017 commences.\n (8) If, under subsection (6) or (7), a Parliamentary Retirement Travel Entitlement would (but for this subsection) expire at a time before the end of 13 May 2014, the Parliamentary Retirement Travel Entitlement is instead taken to expire under that subsection at the end of that day.","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Retirement from the Parliament","content":"#### 5 Retirement from the Parliament\n\n (1) For the purposes of this Act, a person retires from the Parliament when the person ceases to be a member.\n (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.\n (3) This Act applies to retirement from the Parliament, whether the retirement occurs before, at or after the commencement of this section.","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Death of sitting member","content":"#### 6 Death of sitting member\n\n For the purposes of this Act, if:\n (a) a person dies while a member (whether the death occurs before, at or after the commencement of this section); and\n (b) immediately before his or her death, the person satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement;\n the person is taken:\n (c) to have retired from the Parliament at the time of his or her death; and\n (d) to have been qualified to hold a Parliamentary Retirement Travel Entitlement on retirement from the Parliament.","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"When return trip is wholly within Australia","content":"#### 7 When return trip is wholly within Australia\n\n For the purposes of this Act, a return trip is wholly within Australia if, and only if:\n (a) the trip begins at a place (the starting place) within Australia; and\n (b) the destination is a place within Australia; and\n (c) each stop‑over (if any) is at a place within Australia; and\n (d) the trip ends at the starting place.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Stop‑over does not affect continuity of trip","content":"#### 8 Stop‑over does not affect continuity of trip\n\n 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.\n\n> Note: See also Part 7.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"When return trip is in a year etc.","content":"#### 9 When return trip is in a year etc.\n\n Year\n (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).\n Surviving spouse or de facto partner\n (2) Subsection (1) does not apply for the purposes of determining the entitlements of the surviving spouse or de facto partner of a former Prime Minister.\n (3) If:\n (a) the surviving spouse or de facto partner of a former Prime Minister has entitlements under this Act in relation to:\n (i) the 12‑month period beginning at the time of the death of the former Prime Minister or the commencement of this section, whichever is the later; and\n (ii) each succeeding 12‑month period; and\n (b) the surviving spouse or de facto partner begins a return trip in one of those 12‑month periods;\n 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).\n (4) If the surviving spouse or de facto partner of a former Prime Minister has entitlements under this Act only in relation to:\n (a) the 12‑month period beginning at the time of the death of the former Prime Minister or the commencement of this section, whichever is the later; and\n (b) the next succeeding 12‑month period;\n then:\n (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\n (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.","sortOrder":14},{"sectionNumber":"9A","sectionType":"section","heading":"Entitlement of spouses and de facto partners","content":"#### 9A Entitlement of spouses and de facto partners\n\n (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.\n\n> Note: Spouse or de facto partner entitlements under this Act are limited to a spouse or de facto partner of a retired former Prime Minister.\n\n (2) Only one spouse or de facto partner of a person may be nominated at any time.","sortOrder":15},{"sectionNumber":"9B","sectionType":"section","heading":"Nomination of spouse or de facto partner","content":"#### 9B Nomination of spouse or de facto partner\n\n (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.\n\n> Note: Spouse or de facto partner entitlements under this Act are limited to a spouse or de facto partner of a retired former Prime Minister.\n\n (2) The nomination must:\n (a) be in writing; and\n (b) name the spouse or de facto partner; and\n (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.\n (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.\n (4) The nomination is in force during the period:\n (a) beginning on the start day; and\n (b) ending on the earlier of:\n (i) the day the person makes a written revocation of the nomination; or\n (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.\n (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.\n\n> 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.","sortOrder":16},{"sectionNumber":"Part 2","sectionType":"part","heading":"Former Prime Ministers who have retired from the Parliament","content":"## Part 2—Former Prime Ministers who have retired from the Parliament","sortOrder":17},{"sectionNumber":"10","sectionType":"section","heading":"Former Prime Ministers who have retired from the Parliament","content":"#### 10 Former Prime Ministers who have retired from the Parliament\n\n (1) The following table has effect:\n\n```html\n

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 Parliamentary Retirement Travel Entitlement

a maximum of 30 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 Parliamentary Retirement Travel Entitlement

a maximum of 20 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.

\n```\n\n Pro‑rata adjustments\n (2) Subsection (1) has effect subject to section 14 (pro‑rata adjustments).\n Non‑accompanying/joining trip\n (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 spouse or de facto partner is not accompanying or joining the former Prime Minister.","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Former members","content":"## Part 3—Former members","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Former members","content":"#### 11 Former members\n\n Scope\n (1) This section applies if a former member never held office as Prime Minister.\n Entitlements\n (2) The following table has effect:\n\n```html\n

Entitlements

Item

This person...

is entitled to...

1

a former member who is the holder of a Parliamentary Retirement Travel Entitlement and who is a former senior office holder

a maximum of 10 domestic return trips per year.

2

a former member who is the holder of a Parliamentary Retirement Travel Entitlement and who is not a former senior office holder

a maximum of 5 domestic return trips per year.

\n```\n\n Pro‑rata adjustments\n (3) Subsection (2) has effect subject to section 14 (pro‑rata adjustments).","sortOrder":20},{"sectionNumber":"Part 5","sectionType":"part","heading":"Pro‑rata adjustments","content":"## Part 5—Pro‑rata adjustments","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Simplified outline","content":"#### 13 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• This Part adjusts entitlements in the following situations:\n\n(a) a pro‑rata adjustment where a member retires during a year;\n\n(b) a pro‑rata adjustment where a person becomes the spouse or de facto partner of a retired former Prime Minister during a year;\n\n(c) a pro‑rata adjustment where the maximum term of a Parliamentary Retirement Travel Entitlement under subsection 4C(6) or (7) will end during a year.","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Pro‑rata adjustments","content":"#### 14 Pro‑rata adjustments\n\n Adjustments if member retires, or former Prime Minister nominates spouse or de facto partner, during a year\n (1) The following table has effect:\n\n```html\n

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 item 1 or 2 of a table in Part 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 to a person who is the spouse or de facto partner of a former Prime Minister

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 Prime Minister at a time when the former Prime Minister was retired from the Parliament;

(b) the former Prime Minister 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 Prime Minister retires from the Parliament.

\n```\n\n Pro‑rating of entitlement\n (2) The number of domestic return trips for the purposes of the table in subsection (1) is:\n (a) for table item 1—the number of trips worked out using the formula in subsection (2A); or\n (b) for table item 2—the lower of the number of trips worked out using that formula, and the difference between:\n (i) the maximum number of trips specified in the relevant item of the table in Part 2 for a spouse or de facto partner of the retired former Prime Minister; and\n (ii) the number of trips (if any) already taken in the year by a spouse or de facto partner of the retired former Prime Minister previously nominated under section 9B.\n (2A) For the purposes of paragraph (2)(a), the formula is:\n ![](image.002.png)\n where:\n\n> remaining period means the period:\n\n (a) beginning on the day worked out using the table; and\n (b) ending at the end of the year.\n (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).\n Adjustments if maximum term of Parliamentary Retirement Travel Entitlement under subsection 4C(6) or (7) will end during a year\n (4) For the purposes of the application of item 1 or 2 of the table in section 11 to a former member to whom subsection 4C(6) or (7) applies, if the 72 or 36 months (the maximum term) specified in paragraph (c) of that subsection will end during a year, the item has effect for that year as if the number of domestic return trips specified in the item were the number worked out using the formula:\n ![](image.003.png)\n where:\n\n> eligible period means the period:\n\n (a) beginning at the start of that year; and\n (b) ending at the end of the maximum term.\n\n> Note: Under section 4C, a Parliamentary Retirement Travel Entitlement may expire before the end of the maximum term. This subsection is not to be taken to imply that there is an entitlement in respect of a return trip that is started after the expiry of the Entitlement.\n\n (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).","sortOrder":23},{"sectionNumber":"Part 6","sectionType":"part","heading":"Disqualification of person convicted of a corruption offence","content":"## Part 6—Disqualification of person convicted of a corruption offence","sortOrder":24},{"sectionNumber":"15","sectionType":"section","heading":"Simplified outline","content":"#### 15 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• 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 Parliamentary Retirement Travel Entitlement travel and severance travel.","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":"When this Part applies—superannuation order made in relation to a person convicted of a corruption offence","content":"#### 16 When this Part applies—superannuation order made in relation to a person convicted of a corruption offence\n\n Scope\n (1) This Part applies to a person if:\n (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\n (b) the order relates to the person’s conviction of a corruption offence that was committed when the person was a member; and\n (c) the order was not revoked before the commencement of this Part.\n DPP to notify order to the Minister\n (2) As soon as practicable after the order is made, the DPP must give written notice of the fact to the Minister.\n Pre‑commencement orders\n (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.","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Consequences of order","content":"#### 17 Consequences of order\n\n The following table has effect:\n\n```html\n

Consequences of order

Item

If...

the consequence of the making of the order is that...

1

the person was the holder of a Parliamentary Retirement Travel Entitlement when the order was made

the person is taken to have ceased to be the holder of a Parliamentary Retirement Travel Entitlement and, if a Parliamentary Retirement Travel Entitlement had been issued to the person before the order was made:

(a) the Parliamentary Retirement Travel Entitlement is cancelled; and

(b) the person must return the Parliamentary Retirement Travel Entitlement 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 Parliamentary Retirement Travel Entitlement when the order was made;

(b) the person had satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement when the order was made

the person is taken to have ceased to satisfy the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement.

3

the following conditions are satisfied:

(a) the person was not the holder of a Parliamentary Retirement Travel Entitlement when the order was made;

(b) the person had not satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement when the order was made

the person is incapable of satisfying the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement.

4

the person is not the holder of a Parliamentary Retirement Travel Entitlement

the person is not entitled to severance travel.

\n```","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Revocation of order","content":"#### 18 Revocation of order\n\n DPP to notify revocation to the Minister\n (1) If the order is revoked, the DPP must give written notice of the fact to the Minister.\n Effect of revocation of order\n (2) If the order is revoked, the following table has effect:\n\n```html\n

Effect of revocation

Item

If...

the effect of the revocation of the order is that...

1

the person’s Parliamentary Retirement Travel Entitlement was cancelled under item 1 of the table in section 17

the Parliamentary Retirement Travel Entitlement is to be restored to the person as soon as practicable.

2

the person was the holder of a Parliamentary Retirement Travel Entitlement when the order was made

the person is taken to have resumed being the holder of a Parliamentary Retirement Travel Entitlement.

3

both of the following conditions are satisfied:

(a) the person was not the holder of a Parliamentary Retirement Travel Entitlement when the order was made;

(b) the person had satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement when the order was made

the person is taken to have resumed satisfying the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement.

4

the following conditions are satisfied:

(a) the person was not the holder of a Parliamentary Retirement Travel Entitlement when the order was made;

(b) the person had not satisfied the relevant qualifying period for the issue of a Parliamentary Retirement Travel Entitlement 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 Parliamentary Retirement Travel Entitlement.

5

the person is not the holder of a Parliamentary Retirement Travel Entitlement

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.

\n```\n\n Interaction between items 1 and 2 of the table in subsection (2) and the rules in section 4C about expiry of Parliamentary Retirement Travel Entitlements\n (3) If:\n (a) item 2 of the table in subsection (2) applies (whether or not item 1 also applies); and\n (b) the person is not a former Prime Minister;\n then nothing in either of those items is to be taken to result in the person resuming being the holder of a Parliamentary Retirement Travel Entitlement, or in requiring a Parliamentary Retirement Travel Entitlement to be restored to the person, on the revocation of the order if the revocation takes effect after the nominal expiry time for the Parliamentary Retirement Travel Entitlement that the person held when the order was made.\n Meaning of nominal expiry time\n (4) The nominal expiry time for a Parliamentary Retirement Travel Entitlement is the time specified in section 4C for the expiry of the Entitlement.","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Revocation of order—compensatory travel","content":"#### 19 Revocation of order—compensatory travel\n\n (1) If the order is revoked, the following table has effect:\n\n```html\n

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.

\n```\n\n (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.","sortOrder":29},{"sectionNumber":"Part 7","sectionType":"part","heading":"Stop‑overs of more than 24 hours","content":"## Part 7—Stop‑overs of more than 24 hours","sortOrder":30},{"sectionNumber":"20","sectionType":"section","heading":"Simplified outline","content":"#### 20 Simplified outline\n\n The following is a simplified outline of this Part:\n\n• 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.","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"Stop‑over—general rule","content":"#### 21 Stop‑over—general rule\n\n For the purposes of this Act, if:\n (a) a former member, or the surviving spouse or de facto partner of a former Prime Minister undertakes a domestic return trip; and\n (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\n (c) there are one or more stop‑overs that satisfy the following conditions:\n (i) the stop‑over is longer than 24 hours;\n (ii) none of the circumstances surrounding the stop‑over are circumstances of a kind declared by the regulations to be exceptional circumstances;\n 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.","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Stop‑over by spouse or de facto partner of retired former Prime Minister","content":"#### 22 Stop‑over by spouse or de facto partner of retired former Prime Minister\n\n For the purposes of this Act, if:\n (a) the spouse or de facto partner of a former Prime Minister undertakes a domestic return trip; and\n (b) the former Prime Minister has retired from the Parliament; and\n (c) the return trip uses an entitlement of the spouse or de facto partner under this Act; and\n (d) there are one or more stop‑overs that satisfy the following conditions:\n (i) the stop‑over is longer than 24 hours;\n (ii) none of the circumstances surrounding the stop‑over are circumstances of a kind declared by the regulations to be exceptional circumstances;\n then, for each such stop‑over, the spouse or de facto partner is taken to have completed an additional 0.5 domestic return trips:\n (e) at the time when the return trip was completed; and\n (f) if the return trip was accompanying or joining the former Prime Minister—accompanying or joining the former Prime Minister; and\n (g) if the return trip was not accompanying or joining the former Prime Minister—not accompanying or joining the former Prime Minister.","sortOrder":33},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"## Part 8—Miscellaneous","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"Entitlement limited to travel","content":"#### 25 Entitlement limited to travel\n\n 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.","sortOrder":35},{"sectionNumber":"26","sectionType":"section","heading":"Class of travel","content":"#### 26 Class of travel\n\n Travel under this Act on a domestic return trip is to be at the same class of travel prescribed under section 30 of the Parliamentary Business Resources Act 2017 for a member.","sortOrder":36},{"sectionNumber":"27","sectionType":"section","heading":"Entitlements not transferable","content":"#### 27 Entitlements not transferable\n\n A person’s entitlement to travel under this Act cannot be transferred to, or used by, another person.","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Entitlements cannot be carried forward etc.","content":"#### 28 Entitlements cannot be carried forward etc.\n\n (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.\n (2) If the surviving spouse or de facto partner of a retired former Prime Minister 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.\n (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.","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Use of official frequent flyer points","content":"#### 29 Use of official frequent flyer points\n\n (1) If:\n (a) a person has accrued frequent flyer points as a result of travel at the expense of the Commonwealth; and\n (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\n (c) if the points had not been used, the traveller would have been entitled to the return trip under this Act;\n the traveller is taken to have used an entitlement under this Act in relation to the return trip.\n\n> Note: Spouse or de facto partner entitlements under this Act are limited to a spouse or de facto partner of a retired former Prime Minister.\n\n (2) This section applies to frequent flyer points accrued before, at or after the commencement of this section.","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Determinations of the Remuneration Tribunal","content":"#### 30 Determinations of the Remuneration Tribunal\n\n (1A) The Remuneration Tribunal may make a determination for the purposes of this Act.\n Inconsistency\n (1) A determination of the Remuneration Tribunal under subsection (1A) has no effect to the extent to which it is inconsistent with this Act.\n Qualification for a Parliamentary Retirement Travel Entitlement\n (2) A determination of the Remuneration Tribunal under subsection (1A) is to make provision for the circumstances in which a member will, on retirement from the Parliament, qualify for a Parliamentary Retirement Travel Entitlement.\n (3) A determination under subsection (1A) may provide for different circumstances for different kinds of members.\n Severance travel\n (5) This Act (other than Part 6) does not affect:\n (a) clauses 8.1 to 8.6 of Determination 1998/26 (as amended) of the Remuneration Tribunal; or\n (b) the corresponding provisions of another determination of the Remuneration Tribunal (whether made before or after the commencement of this section and whether made under subsection (1A) or any other Act).","sortOrder":40},{"sectionNumber":"30AA","sectionType":"section","heading":"Requirements for determinations","content":"#### 30AA Requirements for determinations\n\n (1) A determination of the Remuneration Tribunal under section 30 must be in writing.\n Commencement of the determination\n (2) The determination comes into operation on:\n (a) the day specified in the determination; or\n (b) the day an event specified in the determination occurs or occurred.\n Dealing with the determination once made\n (3) The Tribunal must give the Remuneration Tribunal Minister a copy of the determination.\n (4) The Tribunal must ensure that its reasons for making the determination are published on its website and notified to the Remuneration Tribunal Minister.\n Legislative instrument\n (5) The determination is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.","sortOrder":41},{"sectionNumber":"30A","sectionType":"section","heading":"Recoverable payments","content":"#### 30A Recoverable payments\n\n (1) If, apart from this subsection and paragraph 31(b), the Commonwealth does not have power under this Act to make a payment of an amount purportedly by way of an entitlement of a person (the recipient) to travel at Commonwealth expense, then:\n (a) the Commonwealth has the power to make the payment; and\n (b) for the purpose of section 31, the payment is taken to be a payment of costs of travel under this Act; and\n (c) the amount of the payment:\n (i) is a debt due to the Commonwealth by the recipient; and\n (ii) may be recovered by action in a court of competent jurisdiction.\n (2) The reference in subsection (1) to the Commonwealth not having power to make a payment of an amount purportedly by way of an entitlement of a person to travel at Commonwealth expense includes a reference to the Commonwealth only having power to make a payment for lower‑cost travel. In this situation, paragraph (1)(c) applies to the amount by which the payment of costs exceeds what it would have been if the lower‑cost travel had instead been undertaken.\n Interaction with debt recovery regime in section 33\n (3) If an amount is recovered under subsection 33(2), the amount cannot be recovered under paragraph (1)(c) of this section.\n (4) If an amount is recovered under paragraph (1)(c), the amount cannot be recovered under subsection 33(2).","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":"Appropriation","content":"#### 31 Appropriation\n\n The Consolidated Revenue Fund is appropriated for the purposes of:\n (a) making payments of the costs of travel under this Act; and\n (b) making other payments in the course of the administration of this Act.","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Compensation—constitutional safety net","content":"#### 32 Compensation—constitutional safety net\n\n (1) If:\n (a) the operation of this Act would result in the acquisition of property otherwise than on just terms; and\n (b) the acquisition would not be valid, apart from this section, because a particular person has not been compensated;\n the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (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.\n (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":44},{"sectionNumber":"33","sectionType":"section","heading":"Unauthorised travel—recovery of expenses","content":"#### 33 Unauthorised travel—recovery of expenses\n\n (1) If:\n (a) a person travels at the expense of the Commonwealth; and\n (b) the travel is purportedly authorised under:\n (i) this Act; or\n (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\n (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\n (c) the person was not eligible to travel at the expense of the Commonwealth;\n the person is liable to pay to the Commonwealth an amount equal to the amount of the expenses incurred by the Commonwealth.\n Action for recovery of expenses\n (2) The amount may be recovered, as a debt due to the Commonwealth by the person, by action in a court of competent jurisdiction.\n Transitional—subparagraph (1)(b)(ii)\n (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.","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Regulations","content":"#### 35 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":46}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act as presented has been amended so that the scheme has been narrowed substantially from its original open form. The legislation renames the old \"Life Gold Pass\" (section 3A) and introduces staged closures and expiry rules that limit new entrants and phase out entitlements for many non‑Prime Minister former members (sections 4A, 4B and 4C). Those provisions introduce fixed historic cut‑offs and time‑limited expiry windows (for example, entitlements that expired at the end of 13 May 2014 or that run for 36 or 72 months depending on retirement date). The amendments therefore shrink the universe of future beneficiaries and impose temporal limits on existing beneficiaries, changing the Act from a broadly available lifetime travel privilege into a more restricted, targeted and phased scheme. This is effected by (a) closing entry for most members (section 4A), (b) setting date‑based eligibility/expiry conditions (section 4B–4C), and (c) preserving ongoing entitlements primarily for former Prime Ministers and their nominated spouses (Part 2)."},"complexity_factors":["Multiple cross‑references to other statutes: Crimes (Superannuation Benefits) Act 1989, Parliamentary Superannuation Act 2004, Parliamentary Entitlements Legislation Amendment Act 2017, Remuneration Tribunal Act 1973 (see sections 4, 16, 30).","Layered eligibility and exclusion rules with specific historic cut‑off dates (e.g. 14 May 2008, 14 May 2011, 13–14 May 2014 and reference to 2017 amendment) (sections 4B–4C).","Numerous defined terms in the interpretation section (section 4) that affect application throughout the Act (eg. \"domestic return trip\", \"commercial purpose\", \"holder\").","Pro‑rata numerical formulas with rounding rules for partial‑year entitlements and for entitlements ending mid‑year (section 14, subsections 2–5).","Conditional logic and exceptions (e.g. nomination mechanics for spouses, non‑accompanying trip limits, stop‑over exceptional circumstances declared by regulation) (sections 9B, 10(3), 21).","Interplay between cancellation, revocation and restoration of entitlements depending on DPP/Minister action and timing (sections 16–19).","Administrative / discretionary elements: Remuneration Tribunal determinations (must publish reasons but are excluded from parliamentary disallowance, section 30AA(5)), and Ministerial discretion for compensatory travel (section 19).","Multiple recovery mechanisms: section 30A creates a power to make recoverable payments; section 33 gives debt recovery through courts — interaction rules between these recovery paths (section 30A(3)–(4)).","Stop‑over counting rule that changes entitlement accounting by halves (0.5 trips) and requires regulation for exceptions (sections 21–22, 35).","Recurrent administrative requirements: written nominations and revocations, return of cancelled entitlement within 14 days, DPP notifications to Minister (sections 9B, 17, 16)."],"plain_english_summary":"**What this law does (short):**\n\n- The Act creates and regulates a travel entitlement for people who retire from the Australian Parliament. The entitlement (formerly called the \"Life Gold Pass\", now the \"Parliamentary Retirement Travel Entitlement\") allows eligible former office‑holders to take a limited number of return trips wholly inside Australia at Commonwealth expense (see section 3A and section 25).\n\n**Who is affected:**\n\n- Retired former Prime Ministers (special, long‑running entitlements) and, in limited cases, their spouse or de facto partner (Part 2, section 10 and sections 9A–9B).\n- Other former members who qualified under earlier arrangements may hold time‑limited entitlements, but the scheme has been closed to most new entrants (sections 4A, 4B, 4C). \n- People convicted of a corruption offence who have had a relevant superannuation order made against them are disqualified (Part 6, sections 16–19).\n\n**Main mechanical effects and rules (how it works):**\n\n- Eligibility and naming: the old \"Life Gold Pass\" is renamed \"Parliamentary Retirement Travel Entitlement\" (section 3A). The Remuneration Tribunal can make written determinations about who qualifies on retirement (section 30 and 30AA). \n\n- Entitlement amounts: retired former Prime Ministers who hold an entitlement may take up to 30 domestic return trips per year; their nominated spouse/de facto partner may take up to 20 per year (no more than 10 of which can be \"non‑accompanying\"—section 10). Other former members (non‑PMs) may have smaller annual allowances (5 or 10 trips; section 11), but those entitlements are subject to the closure and expiry rules in sections 4A–4C. \n\n- Purpose and limits on travel: trips must be wholly within Australia, on scheduled services and for a public benefit (not for commercial or private purposes) (definition of \"domestic return trip\" and section 4AA). Travel is limited to the class of travel that applies to current members (section 26). Entitlements are personal and non‑transferable (section 27), cannot be carried forward to later years (section 28), and are limited to actual travel costs on scheduled transport (section 25). Frequent flyer points earned on Commonwealth travel that are used later count as having used an entitlement (section 29). \n\n- Pro‑rata and stop‑over counting: if a retirement, nomination, or expiry occurs part‑way through a year the number of trips for that year is pro‑rated using formulas in section 14. Stop‑overs over 24 hours normally count as an extra 0.5 trip (Parts 5 and 7, sections 14, 21–22). Regulations can declare \"exceptional circumstances\" for stop‑overs. \n\n- Closure and expiry: the Act contains layered limits closing the scheme to new members except those who become Prime Minister (section 4A), and further limitations and expiry timings for non‑Prime Ministers (sections 4B and 4C). Those provisions reference fixed dates (for example, 14 May 2014) and later legislative amendments (section 4C(6)–(8)). \n\n- Disqualification and recovery: where a superannuation order is made under the Crimes (Superannuation Benefits) Act 1989 on account of a conviction for a corruption offence, the DPP must notify the Minister and the person is disqualified from the travel entitlement and from severance travel; existing entitlements can be cancelled and must be returned (Part 6, sections 16–17). If travel occurs that was not authorised, the Commonwealth can recover the expenses as a debt (section 33) and the Act provides for recoverable payments in other specified situations (section 30A). \n\n- Administrative and discretionary roles: the Remuneration Tribunal makes qualification determinations and must publish reasons (section 30AA). The Minister has limited discretion to determine additional compensatory trips when an earlier disqualification order is revoked (section 19). The Governor‑General may make regulations (section 35). Appropriation for payments is explicit (section 31).\n\n**Why it matters (claimed purpose and practical tests):**\n\n- Stated purpose: to provide travel entitlements for retired parliamentarians and to set rules on who may use them and under what conditions (see section 3 simplified outline). \n\n- Costs and who pays: the Commonwealth (i.e. taxpayers) funds travel (section 31). Benefits are concentrated (retired Prime Ministers and some former members and nominated spouses) while costs are dispersed across the public budget. \n\n- Trade‑offs and incentives: the Act narrows future eligibility (sections 4A–4C), reducing future fiscal exposure. This changes retirement expectations for later‑entering members (limits private choice about future benefits). It leaves discretion with the Remuneration Tribunal and the Minister for particular operational decisions (sections 30, 19) — creating a small administration and compliance burden (nominations, record‑keeping, DPP notifications, returning cancelled entitlement items). \n\n- Risks and operational issues: the regime depends on cross‑agency communication (DPP to Minister, section 16), clear Tribunal determinations (section 30AA) and regulations for exceptional stop‑over circumstances (section 21). Recovery tools (sections 30A and 33) permit the Commonwealth to seek money back through the courts if travel was unauthorised, which creates legal and administrative costs. \n\n**Effect on private enterprise and markets:**\n\n- Direct impact on private business is limited. Airlines and scheduled transport providers supply the services and are paid for Commonwealth travel, so they may receive some revenue, but the Act sets travel class and service constraints (sections 25–26). There is no change to broader competition, ownership or market entry. \n\n**Bottom line:** the Act establishes a narrowly circumscribed, administratively managed set of domestic travel entitlements for certain retired parliamentarians and, in restricted ways, their spouses. It provides detailed eligibility, counting, exclusion (including for corruption convictions), recovery and administrative rules. Recent amendments narrow eligibility and set expiry rules so only retired Prime Ministers (and, subject to nomination, their spouses) retain potentially ongoing entitlements (see sections 4A–4C)."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Section 17, Table Item 1","severity":"medium","reasoning":"The Act requires return of a 'Parliamentary Retirement Travel Entitlement' as a physical object within 14 days, but the Act defines it as a status held by a former member rather than a tangible instrument. Section 3A merely changes a name, and nowhere does the Act provide for the issuance of a physical document whose return would be meaningful. Any failure to comply has no separately stated consequence since the cancellation has already occurred by force of law.","confidence":0.72,"description":"A person convicted of a corruption offence whose Parliamentary Retirement Travel Entitlement is cancelled is required to physically return the Entitlement to the Minister within 14 days. However, the Parliamentary Retirement Travel Entitlement is a status or entitlement, not a physical document or card. The Act provides no mechanism for what 'returning' an entitlement means in practice, nor any consequence for failing to return it (beyond what section 17 already does by cancelling the entitlement)."},{"type":"other","section":"Section 4AA","severity":"medium","reasoning":"The purpose test is framed conjunctively: the trip must be for public benefit AND must not be for a commercial OR private purpose. This creates a compliance trap where any incidental private benefit disqualifies an otherwise genuinely public-benefit trip, with no de minimis threshold or dominant-purpose test. The Act provides no guidance on how to assess mixed-purpose travel.","confidence":0.78,"description":"The purpose test requires that a trip be 'for the public benefit' and not 'for a commercial purpose or a private purpose.' These categories are not exhaustive complements and may not be mutually exclusive. A trip could conceivably be simultaneously for the public benefit and for a private purpose (e.g., a former Prime Minister attends a public policy conference that also personally benefits them). The Act provides no hierarchy or mechanism for resolving mixed-purpose trips."},{"type":"other","section":"Section 21 and Section 22","severity":"medium","reasoning":"Sections 10, 11 and 14 express entitlements in whole numbers. The rounding rules in section 14(3) and (5) apply only to the pro-rata formula output, not to the running tally of trips used. A person with, say, 5 trips remaining who takes one trip with a qualifying stop-over is taken to have completed 1.5 trips, leaving 3.5 trips remaining — a figure the Act never addresses. The Act contains no aggregation or rounding rule for this residual fraction.","confidence":0.82,"description":"The stop-over rule deems a traveller to have 'completed an additional 0.5 domestic return trips' for each qualifying stop-over. Since entitlements are counted in whole trips, this creates a fractional accounting system that is never resolved. The Act does not explain how 0.5 trips accumulate against integer trip limits, whether two 0.5-trip penalties equal one full trip deducted, or how the pro-rata formula in section 14 interacts with fractional trip consumption."},{"type":"self_contradicting","section":"Section 9, subsection (1) and Section 28, subsection (3)","severity":"low","reasoning":"The deeming rule in s.9(1) fixes the year of a trip by reference to its commencement, regardless of when travel physically occurs. The anti-anticipation rule in s.28(3) prevents drawing on future entitlements. Together they can strand a traveller mid-trip in a new financial year without an operative entitlement for the return leg, since the full trip has already been charged against the prior year's (potentially exhausted) quota.","confidence":0.65,"description":"Section 9(1) deems a return trip to be 'in' the year in which it begins, even if completed in a later year. Section 28(3) prohibits entitlements from being 'used or anticipated before the year or period in which the entitlement accrues.' These two provisions together create an absurdity: a trip that begins on 30 June (the last day of a financial year) and is completed on 2 July is treated as entirely within the earlier year under s.9(1), consuming that year's entitlement. However, s.28(3) prevents anticipating the next year's entitlement. This means the return leg of the trip, undertaken in the new year, cannot draw on the new year's entitlement yet the whole trip has been 'used' against the old year's quota which may already be exhausted."},{"type":"circular_definition","section":"Section 4C, subsection (2)(b) and subsection (3)","severity":"medium","reasoning":"The definition of 'holder of a Parliamentary Retirement Travel Entitlement' in s.4 expressly excludes persons who have ceased to be holders because of s.4C. Subsection 4C(3) carves out future Prime Ministers from the permanent disqualification in s.4C(2)(b), but does not amend the definition in s.4 or provide a re-qualification mechanism. There is therefore no operative path by which a person whose entitlement expired under s.4C can be recognised as a 'holder' again even after becoming Prime Minister.","confidence":0.75,"description":"Section 4C(2)(b) provides that once a Parliamentary Retirement Travel Entitlement expires, the person 'can never again become entitled to, or be a holder of, a Parliamentary Retirement Travel Entitlement.' Subsection (3) carves out persons who 'later become the Prime Minister.' This creates a situation where a person whose entitlement has expired can revive it by becoming Prime Minister — but the Act provides no mechanism for re-issuing or re-activating the entitlement, and the definition of 'holder' in section 4 excludes persons who have 'ceased to be' a holder because of section 4C."},{"type":"retroactive_impossibility","section":"Section 19, subsection (2)","severity":"low","reasoning":"The commencement table shows Part 6 (including s.19) commencing 2 December 2002, but ss.25–31 (including the appropriation in s.31) commencing 30 December 2002. A determination made between 2 December and 30 December 2002 and expressed to take effect on 30 December 2002 would coincide with the appropriation commencing, but the authority to make the determination existed for 28 days before the appropriation existed, creating a structural gap.","confidence":0.6,"description":"Section 19(2) provides that if a compensatory travel determination under s.19(1) is made before the 28th day after Royal Assent, it takes effect on that 28th day. However, Part 6 (which contains s.19) commenced on the day of Royal Assent (2 December 2002), while sections 25–31 (which appropriate funds for travel payments) commenced 28 days later (30 December 2002). This means a compensatory travel determination could be validly made and theoretically take effect on 30 December 2002, but the Consolidated Revenue Fund appropriation in s.31 would not yet be in force to fund it for the intervening period."},{"type":"circular_definition","section":"Section 5, subsection (2)","severity":"low","reasoning":"The moment of retirement is defined by reference to cessation of membership, but cessation of membership is suspended while the parliamentary allowance is payable. The payability of the parliamentary allowance may itself depend on whether the person is still a member. While this is a common legislative drafting device to handle post-election grace periods, it creates a logical loop if the allowance entitlement is coextensive with membership rather than separately defined.","confidence":0.55,"description":"Section 5(2) provides that a person is 'taken not to have ceased to be a member' while continuing to be entitled to the parliamentary allowance payable to them as a member. This means the definition of 'retirement from the Parliament' is partially self-referential: a person retires when they cease to be a member (s.5(1)), but they have not ceased to be a member while they receive the parliamentary allowance (s.5(2)). The allowance entitlement itself may depend on membership status, creating a potential circularity in determining the precise moment of retirement."},{"type":"other","section":"Section 30, subsection (1) and subsection (1A)","severity":"low","reasoning":"Subsection numbering (1A) inserted before the pre-existing (1) results in the logical consequence (inconsistency rule) being numbered as though it precedes the source of authority it governs. While this is a common result of legislative amendment, it means that reading the section sequentially produces an incoherent structure: the Act first tells you what happens when a determination is inconsistent with the Act, then tells you a determination can be made.","confidence":0.7,"description":"The numbering of subsections in section 30 is inverted: subsection (1A) grants the power to make determinations, while subsection (1) — which logically should precede (1A) — addresses inconsistency of those determinations with the Act. This means the provision addressing the effect of a power (s.30(1)) is numbered before the provision creating that power (s.30(1A)), which creates a structural absurdity where the consequence of a power is stated before the power itself is conferred."}],"contradictions":[{"severity":"low","section_a":"Section 4C(4) and 4C(5)","section_b":"Section 4C(1)","confidence":0.6,"description":"Sections 4C(4) and 4C(5) apply to persons who became holders 'before 14 May 2008' and 'before 14 May 2011' respectively, and declare their entitlements expire at the end of 13 May 2014. However, s.4C(1) applies only to persons who 'are a holder on 13 May 2014, or become a holder after that day.' A person who retired before 14 May 2008 and whose entitlement expired at end of 13 May 2014 was already covered by s.4C(1) (being a holder on 13 May 2014). The subsections are not contradictory in outcome but s.4C(1) purports to be the gateway condition for the entire section, yet ss.4C(4) and (5) operate on persons who held the entitlement before the gateway date — creating ambiguity as to whether s.4C(1) is a true precondition or merely declaratory."},{"severity":"medium","section_a":"Section 9A(1) and Section 9B(1)","section_b":"Section 10, Table Item 3","confidence":0.7,"description":"Sections 9A(1) and 9B(1) require a nomination in force under s.9B for any spouse or de facto partner to be entitled to domestic return trips. Section 10, Table Item 3 confers entitlements on 'the surviving spouse or de facto partner of a former Prime Minister' without any reference to a nomination requirement. The definition of 'surviving spouse or de facto partner' in s.4 incorporates the nomination requirement, but Table Item 3 on its face appears self-executing. If the s.4 definition governs, the nomination requirement applies; if Table Item 3 is read independently, it does not — creating an interpretive contradiction about whether a surviving spouse without a prior nomination can claim entitlements."},{"severity":"low","section_a":"Section 27","section_b":"Section 19(1), Table Item 2","confidence":0.58,"description":"Section 27 provides that a person's entitlement to travel under the Act 'cannot be transferred to, or used by, another person.' Section 19(1) Table Item 2 allows the Minister to grant additional domestic return trips to the spouse or de facto partner of a former member as compensatory travel, expressly conditioned on each additional trip being 'for the purpose of accompanying or joining the former member.' If the entitlement is non-transferable under s.27, it is arguably contradictory to grant a derivative entitlement to a third party (the spouse) that is conditioned on the former member's travel, effectively making the spouse's entitlement contingent on the former member exercising a right that is personal to them."},{"severity":"low","section_a":"Section 4B(1)","section_b":"Section 4C(7)","confidence":0.55,"description":"Section 4B(1) prohibits a person who did not satisfy the qualifying period before 14 May 2014 from becoming a holder, unless they are/were a Prime Minister. Section 4C(7) applies to persons who 'became or become' holders after 14 May 2011 and are not former Prime Ministers or senior office holders, providing for a 36-month expiry. For a person to 'become' a holder after 14 May 2011 but not satisfy the qualifying period before 14 May 2014, they would need to satisfy the qualifying period between 14 May 2011 and 13 May 2014 and then retire after 14 May 2011. However, under s.4B(1), a person who did not satisfy the qualifying period before 14 May 2014 cannot become a holder at all. This means s.4C(7) anticipates a category of non-Prime Minister holder who satisfies the qualifying period right at the boundary of 14 May 2014, but the interaction between the two provisions creates uncertainty about persons who satisfied the qualifying period on exactly 13 May 2014 but retired after that date."},{"severity":"medium","section_a":"Section 18(2), Table Items 1 and 2","section_b":"Section 18(3)","confidence":0.73,"description":"Table Item 1 of s.18(2) requires the Parliamentary Retirement Travel Entitlement to be 'restored to the person as soon as practicable' on revocation of the superannuation order. Table Item 2 deems the person to have 'resumed being the holder.' Section 18(3) then provides that nothing in Items 1 or 2 results in resumption of the entitlement if the revocation takes effect after the 'nominal expiry time.' This creates a contradiction: Items 1 and 2 impose an obligation and a legal status respectively, but s.18(3) then negates both for a defined class of persons. The mandatory restoration obligation in Item 1 ('is to be restored') conflicts with the s.18(3) negation, leaving it unclear whether an administrative act of restoration is required and must then be undone, or whether s.18(3) operates to prevent the obligation arising at all."},{"severity":"medium","section_a":"Section 28(3)","section_b":"Section 9B(3)","confidence":0.76,"description":"Section 28(3) prohibits a person from using or anticipating an entitlement 'before the year or period in which the entitlement accrues.' Section 9B(3) expressly permits the 'start day' for a spouse/de facto partner nomination to be 'earlier than the day the nomination is made,' effectively allowing retrospective activation of entitlements. Section 9B(5) further validates trips taken during an overlap period as though the person had been entitled. This retrospective entitlement activation under s.9B is in direct tension with s.28(3)'s prohibition on anticipating entitlements, as it allows a nomination made today to confer entitlements on trips already taken, which could fall in a prior period."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act originally established a broad domestic travel entitlement scheme for retired MPs who served a qualifying period — essentially codifying the old 'Life Gold Pass' arrangement. Through significant amendments in 2014 and 2017, the scope has been dramatically narrowed so that, in practical terms, the scheme now operates almost exclusively as a benefit for former Prime Ministers and their spouses or de facto partners. What began as a general retirement perk for most long-serving parliamentarians has been wound back to a narrow executive-level benefit, with the 2017 amendments effectively closing off any new entitlements for non-PM former members entirely."},"complexity_factors":["Multiple overlapping eligibility categories with different rules (former PMs, senior office holders, ordinary members) that interact in non-obvious ways","Extensive use of cut-off dates (14 May 2008, 14 May 2011, 14 May 2014, 2017 commencement) creating a patchwork of transitional rules that require careful cross-referencing","Pro-rata calculation formulas for partial-year entitlements, including mathematical rounding rules","Complex spouse/partner nomination mechanism with rules about retroactive start dates and transitional arrangements between successive nominations","The stop-over counting rule (0.5 trip per qualifying stop-over) adds a fractional accounting layer to trip counts","Corruption disqualification regime cross-references the Crimes (Superannuation Benefits) Act 1989 and involves its own table of consequences and restoration mechanics","The scheme's gradual wind-down means the law now primarily operates as a historical document with very narrow ongoing application, making it hard to identify who it actually still affects","Heavy reliance on external instruments — Remuneration Tribunal determinations — that modify entitlements but are not reproduced in the Act itself","Distinction between 'holder' of an entitlement and merely being 'qualified' creates a technical two-step concept that is easy to confuse","Surviving spouse/partner entitlements use a different time period framework (12-month periods from death) compared to the financial year framework used for everyone else"],"plain_english_summary":"This Act governs taxpayer-funded domestic travel for retired Australian politicians, renaming the old \"Life Gold Pass\" as the Parliamentary Retirement Travel Entitlement. It largely confines ongoing lifetime benefits to former Prime Ministers and their partners, while most other ex‑MP entitlements were wound down by 2014–2017 reforms.\n\nTrips must be within Australia, for public benefit on scheduled transport, non-transferable, and subject to repayment or disqualification for misuse or corruption — a cost and accountability rule for taxpayers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3011},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has transformed significantly from its original 2002 purpose. Originally established as an open-ended 'Life Gold Pass' scheme for qualifying former parliamentarians, successive amendments (particularly in 2014 and 2017) have converted it into a mechanism for winding down the entitlement. It now actively phases out benefits for all former members except Prime Ministers through hard expiry dates (sections 4B and 4C), closure to new entrants (section 4A), and the ultimate abolition of non-PM entitlements upon the commencement of the 2017 Amendment Act."},"complexity_factors":["Multiple defined terms (20+) including nested definitions like 'domestic return trip' which itself depends on 'purpose test' and 'scheduled transport service'","Extensive cross-referencing to external legislation including the Crimes (Superannuation Benefits) Act 1989, Parliamentary Business Resources Act 2017, and Remuneration Tribunal determinations","Complex transitional and wind-down provisions with specific cut-off dates (13 May 2014, 14 May 2008, 14 May 2011, and the 2017 commencement date)","Mathematical formulas for pro-rata adjustments requiring calculation of remaining periods in financial years (section 14)","Tabular presentation of conditional entitlements across 8 separate tables with multiple variables (former PM vs senior office holder vs backbencher; spouse vs surviving spouse)","Nested exceptions and carve-outs (e.g., 'unless the person is the Prime Minister' appears in multiple limitation sections)","Interaction mechanics between disqualification for corruption offences, revocation of those orders, and the restoration of entitlements (sections 17-19)","Provisions dealing with overlapping entitlements when spouses change or when members switch between Houses of Parliament"],"plain_english_summary":"This law sets out the rules for taxpayer-funded travel for retired federal politicians—formerly known as the \"Life Gold Pass,\" now called a Parliamentary Retirement Travel Entitlement.\n\n**Who qualifies?**\nThe scheme is now essentially closed to new recipients. Only former Prime Ministers can still receive this benefit when they retire. For all other politicians, the scheme closed between 2014 and 2017. Existing holders who are not former Prime Ministers lose their entitlements after a set period (between 36 and 72 months depending on their seniority when they left office).\n\n**What do they get?**\n- **Former Prime Ministers:** Up to 30 domestic return trips per year (effectively for life).\n- **Their spouses or de facto partners:** Up to 20 domestic return trips per year, but no more than 10 of these can be taken without accompanying the former PM.\n- **Surviving spouses of former PMs:** Limited entitlements that reduce over time—10 trips per year for the first five years after the PM's death, then 5 trips per year thereafter.\n- **Other retired MPs (existing holders only):** Up to 10 trips per year if they were senior ministers (Speaker, President of Senate, Leader of Opposition, or Minister), or 5 trips per year if they were backbenchers. These expire after a limited time.\n\n**Rules for using the entitlement:**\n- Travel must be **within Australia only** (no international trips).\n- Must be for \"public benefit\"—meaning parliamentary, governmental, or political duties—not for private holidays or commercial business.\n- Must use scheduled public transport (flights, trains, buses), not private charters.\n- Stopovers longer than 24 hours count as using an extra half-trip.\n- Trips cannot be saved up and carried over to the next year, nor transferred to anyone else.\n- If a politician is convicted of a corruption offence, they lose these entitlements permanently and must repay any unauthorised travel costs.\n\n**Why this matters:**\nThis legislation represents the winding down of a controversial lifetime benefit. It limits costs to taxpayers by closing the scheme to new entrants (except Prime Ministers), capping trips for existing recipients, setting strict expiry dates for non-PMs, and ensuring the travel is for official purposes rather than personal use. It also includes safeguards to recover money if entitlements are misused."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-retirement-travel-act-2002","history":"/api/acts/parliamentary-retirement-travel-act-2002/history","analysis":"/api/acts/parliamentary-retirement-travel-act-2002/analysis","conflicts":"/api/acts/parliamentary-retirement-travel-act-2002/conflicts","importantCases":"/api/acts/parliamentary-retirement-travel-act-2002/important-cases","documents":"/api/acts/parliamentary-retirement-travel-act-2002/documents"}}