6Travelling allowances payable to holders of certain offices

6 Travelling allowances payable to holders of certain offices

(1) In this section:

headquarters, in relation to a person who holds an office to which this section applies, means:

(a) if that office is an office of Chief Justice, Chief Judge, Senior Judge or Judge of a Court and the sole or principal place of residence of the person is situated in a locality in which there is a registry of that Court—that locality; or
(aa) if that office is an office of President or Deputy President of the Australian Industrial Relations Commission, and the sole or principal place of residence of the person is situated in a locality in which there is a registry of the Australian Industrial Registry—that locality; or
(b) in a case to which paragraph (a) or (aa) does not apply—the locality where the person ordinarily performs the duties of that office.

office to which this section applies means:

(a) an office specified in column 1 of Part 2 of the Schedule (other than the office of President of the Inter‑State Commission); or
(b) President or Deputy President of the Australian Industrial Relations Commission.

(2) For the purposes of this section: (a) the Australian Capital Territory shall be deemed to constitute a single locality; (b) each capital city of a State shall be deemed to constitute a single locality; and (c) each other city or town shall be deemed to constitute a single locality. (3) There is payable to a person who holds an office to which this section applies an allowance ascertained in accordance with subsections (4) and (4A) in respect of the person’s expenses of travel within Australia and the external Territories in connection with the performance of the person’s duties (including duties of any other office held by the person) other than the office of President of the Inter‑State Commission otherwise than at: (a) the person’s headquarters; and (b) the locality in which the person’s sole or principal place of residence is situated. (4) The allowance in respect of the expenses of travel payable under subsection (3) to a person who holds an office to which this section applies is: (a) if the travel involves an absence from the person’s sole or principal place of residence and from the person’s headquarters that includes an overnight stay or overnight stays: (i) if subparagraphs (ii) and (iii) do not apply: (A) for an overnight stay in a captial city—$235; or (B) for any other overnight stay—$125; or (ii) if the number of hours of the absence is not less than the number ascertained in accordance with the formula Image unavailable in extracted text, where A is the number of overnight stays included in the absence—the sum of the amount that would be ascertained under subparagraph (i) if that subparagraph were applicable and $30; or (iii) if the cost of accommodation and meals of the person in respect of an overnight stay is borne by the Commonwealth—$30 for the overnight stay; or (b) if the travel involves an absence from the person’s sole or principal place of residence and from the person’s headquarters of not less than 10 hours but does not include an overnight stay—$30. (4A) Where: (a) a person who holds an office to which this section applies travels within Australia and the external Territories in circumstances that involve an overnight stay in respect of which an allowance is payable under the preceding provisions of this section; (b) the spouse of the person accompanies the person during that overnight stay; and (c) the cost of the travel of the spouse is borne by the Commonwealth; the allowance otherwise payable to the person for the overnight stay is increased by: (d) in a case to which paragraph (e) does not apply—$10; or (e) if the person establishes that the cost of accommodation (excluding the cost of meals) of the person and the spouse in respect of the overnight stay exceeded the amount that would have been the cost of accommodation (excluding the cost of meals) of the person alone in respect of the overnight stay at the same hotel, motel or other accommodation establishment and at the same standard of accommodation—the amount of the excess. (4B) For the purposes of subsection (4A), spouse includes a de facto partner of a person within the meaning of the Acts Interpretation Act 1901. (5) There is payable to a person who holds an office to which this section applies, in respect of the person’s expenses of travel outside Australia and the external Territories in connection with the performance of the person’s duties (including duties of any other office held by the person) other than the office of President of the Inter‑State Commission the same allowance as would be applicable to the holders of offices referred to in paragraph (a) of the definition of office of Secretary in subsection 7(1) of the Public Service Act 1922 in respect of the expenses of similar travel in the performance of their duties. (6) Where a person who holds 2 or more offices to which this section applies travels in connection with the performance of the person’s duties as the holder of any one or more of those offices, nothing in this Act or in any other Act entitles the person to be paid in respect of the expenses of that travel an amount exceeding the amount that the person would be entitled to be paid if the person held only the office, or one of the offices, to the duties of which the travel relates. (7) Notwithstanding subsection (1), the office of Chairperson of the Commonwealth Grants Commission shall not be taken to be an office to which this section applies unless subsection 8(6A) of the Commonwealth Grants Commission Act 1973 applies to the holder of the office.