71Leasing expenses for additional offices for certain members

71 Leasing expenses for additional offices for certain members

(1) This section applies if: (a) a member of the House of Representatives has: (i) an electorate with an area of at least 5,000 km2; or (ii) both the approval of the Special Minister of State for the purposes of this subparagraph and an electorate with an area of at least 3,500 km2 but less than 5,000 km2; and (b) the member leases an office in the electorate for a term of not less than 3 months; and (c) the office is, or is part of, a permanent building; and (d) the member leases the office in the member’s personal capacity; and (e) the office is used for the dominant purpose of conducting the member’s parliamentary business. (2) For the purposes of subsection 32(2) of the Act, the following maximum amount is prescribed to reimburse the member for costs (including GST) incurred by the member to lease, operate, maintain, establish or vacate the office: (a) if the member’s electorate has an area of less than 25,000 km2: (i) for the 2017‑2018 financial year—$50,000; or (ii) for a later financial year—that amount indexed in accordance with section 102; (b) if the member’s electorate has an area of 25,000 km2 or more: (i) for the 2017‑2018 financial year—$20,000; or (ii) for a later financial year—that amount indexed in accordance with section 102. (3) An indexed amount for a later financial year must be rounded up to the nearest cent. (4) This section does not apply in relation to any cost to lease, operate or maintain the office that would give rise to any ownership or residual value held by the member in furniture or equipment. (5) This section does not apply to prescribe an amount to reimburse a member for costs for an office that is used to any extent for commercial purposes. (6) This section does not apply in relation to more than one office leased by a particular member at any particular time.

Note: The dominant purpose test applies in relation to claims for public resources prescribed by this section.