38Requirement for approval

38 Requirement for approval

(1) An expense (however described) prescribed by this Subdivision for a person (other than a presiding officer) is prescribed subject to the condition: (a) that the travel by the person has been approved by the presiding officer concerned; or (b) for an expense in excess of the limit set out in subsection 41(1)—that the expense, or the travel by the person, has been approved by the Prime Minister.

Note: The limit set out in subsection 41(1) does not apply in relation to expenses or travel approved by the Prime Minister: see subsection 41(3).

(2) An expense for a spouse or staff member accompanying a member (including a presiding officer) is also prescribed subject to the condition that if, during the travel, the spouse or staff member undertakes substantial travel (the independent travel) other than by travelling with the member, the independent travel has been expressly approved by: (a) unless paragraph (b) applies—the presiding officer; or (b) for travel approved by the Prime Minister as mentioned in subsection 41(3)—the Prime Minister.

Note: A person travels with a member if the person travels in the same vehicle, or on the same vessel or aircraft (or other conveyance) as the member: see section 7.