37Rulings in relation to travel expenses and travel allowances

37 Rulings in relation to travel expenses and travel allowances

(1) IPEA may give a ruling, in writing, determining that: (a) conduct engaged in by a particular member or any other person in relation to travel expenses of, or travel allowances for, the member was or was not in accordance with this Act; and (b) as a result of the conduct, the member contravened section 26, 27 or 28.

Note: A ruling may be relied on to determine that a loading is payable under section 38.

(1A) However, IPEA cannot give a ruling under subsection (1) in relation to travel expenses or travel allowances specified by the Minister, by legislative instrument, for the purposes of this subsection. (1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, an instrument made for the purposes of subsection (1A) of this section may make different provision in relation to travel expenses or travel allowances depending on the circumstances in which a travel expense or travel allowance is incurred or claimed, or any other circumstances. (2) Without limiting subsection (1) (but subject to subsection (1A)), a ruling may determine that: (a) a member’s travel expenses were or were not incurred for the dominant purpose of conducting the member’s parliamentary business; or (b) a member’s travel allowance was or was not claimed for the dominant purpose of conducting the member’s parliamentary business; or (c) a member’s incurring of travel expenses, or claiming of travel allowance, did or did not provide value for money; or (d) particular conduct of a member or other person did or did not breach a condition relating to the provision of travel expenses or travel allowances; or (e) if a member was given personal advice under paragraph 12(1)(a) of the Independent Parliamentary Expenses Authority Act 2017 in relation to conduct that the member or any other person intended to engage in—the personal advice was or was not correct.

Note: Personal advice IPEA gives under paragraph 12(1)(a) of the Independent Parliamentary Expenses Authority Act 2017 to a person appointed by a member under subsection 12(1C) of that Act is taken to have been given to the member (see subsection 12(1E) of that Act).

(3) A ruling may be given: (a) on application by the member to whom the ruling relates; or (b) on IPEA’s own initiative. Effect of ruling (4) A ruling given in relation to a member is, subject to subsection (5), conclusive evidence of the matters stated in the ruling. (5) A ruling given in relation to conduct engaged in by a member or any other person ceases to be conclusive evidence of the matters stated in the ruling to the extent that: (a) the contrary is established by the member; or (b) the Chief Executive Officer of IPEA establishes, on behalf of the Commonwealth, that the ruling was given on the basis of information that was false or misleading (whether or not the person giving the information knew or intended the information to be false or misleading). (6) Without limiting subsection 33(3) of the Acts Interpretation Act 1901, IPEA may make another ruling in relation to conduct engaged in if a matter relating to the conduct is established as referred to in paragraph (5)(a) or (b). Legislative instrument status (7) A ruling given under this section is not a legislative instrument. Regulations may provide in relation to rulings (8) The regulations may make provision in relation to rulings given under this section. Former members (9) This section applies after a person ceases to be a member in relation to conduct engaged in while the person was a member as if: (a) a reference to a member included a reference to a former member; and (b) paragraph (3)(b) were omitted.