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Remuneration Tribunal Determination 2012/19 - Members of Parliament - Travelling Allowance

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REMUNERATION TRIBUNAL
 
Determination 2012/19: Members of Parliament - Travelling Allowance
 
This Determination sets out travelling allowances payable within Australia to members of the Parliament and Ministers of State, and conditions of payment thereof.
 
The Determination comprises:
 
·       Part 1 – General;
·       Part 2 - Rates; and
·       Part 3 – Conditions of Payment.
 
PART 1 - GENERAL
 
1.1        Authority: This Determination is issued pursuant to sub-sections 7(1), 7(2) and 7(4) of the Remuneration Tribunal Act 1973.
 
1.2        Effective Date: This Determination takes effect on and from 26 August 2012.
 
1.3        Effect on Earlier Determinations: This Determination supersedes and revokes in full Determination 2011/16 (as amended) - Members of Parliament – Travelling Allowance.
 
1.4        Definitions: The following definitions apply in this Determination:
 
1.4.1       ‘Adelaide’ includes locations within a 10 kilometre radius from the General Post office or five kilometres from the major airport servicing the city;
 
1.4.2       ‘Brisbane’ includes locations within a 10 kilometre radius from the General Post office or five kilometres from the major airport servicing the city;
 
1.4.3       ‘Canberra’ includes locations within a 30 kilometre radius from Parliament House;
 
1.4.4       ‘commercial accommodation’ means accommodation in a commercial establishment such as a hotel, motel or serviced apartment;
 
1.4.5       ‘Darwin’ includes locations within a five kilometre radius from the General Post office or five kilometres from the major airport servicing the city;
 
1.4.6       ‘Hobart’ includes locations within a five kilometre radius from the General Post office or five kilometres from the major airport servicing the city;
 
1.4.7       ‘home base’ means the senator or member’s principal place of residence.  The home base shall be nominated to the Special Minister of State.  In the case of a Minister or office-holder required to spend continuous periods in Canberra on official business, the home base shall be the place of residence which the Minister or office-holder maintains and to which he or she would ordinarily return if the Minister or office holder was not required to spend the continuous periods in Canberra on official business;
 
1.4.8       ‘Melbourne’ includes locations within a 10 kilometre radius from the General Post office or five kilometres from the major airport servicing the city;
 
1.4.9       ‘office holder’ includes the President of the Senate, the Speaker of the House of Representatives, the Leader and the Deputy Leader of the Opposition, the Leader and the Deputy Leader of the Opposition in the Senate, the Deputy President and Chairman of Committees in the Senate, the Deputy Speaker in the House of Representatives and the Leader of a recognised party of at least five members in the Parliament;
 
1.4.10    ‘Parliamentary Committee’ includes committees concerned with public affairs and committees concerned with the domestic affairs of Parliament;
 
1.4.11    ‘Perth’ includes locations within a 10 kilometre radius from the General Post office or five kilometres from the major airport servicing the city;
 
1.4.12     ‘spouse’ has the same meaning as in the Parliamentary Entitlements Act 1990;
 
1.4.13     ‘Sydney’ includes locations within a 10 kilometre radius from the General Post office or five kilometres from the major airport servicing the city;
 
1.4.14     ‘vice-regal function’ means a function hosted by the Governor-General (or Administrator on his/her behalf), or a function hosted by a State Governor (or Administrator on his/her behalf);
1.4.15       ‘year’ means a period commencing 1 July and ending on the following 30 June;
 
1.5      Scope of references: Where the following terms are used in this Determination, it is intended that:
 
1.5.1       a reference to the size of an electorate is a reference to the land area of the electorate only, unless the contrary intention appears;
 
1.5.2       a reference to a meeting of a parliamentary political party, of its executive, or one of its committees, and the national conference of a political party, is a reference only to meetings or conferences which are properly constituted, having been convened by an office holder of the parliamentary political party or by a person designated by the party as a person who may nominate the venue for such meetings.
 
PART 2 - RATES
 
2.1     Subject to this determination, the rates in Table 2A shall apply in respect of each overnight stay in commercial accommodation with effect on and from 26 August 2012.
TABLE 2A – TRAVEL ALLOWANCE RATES FOR SPECIFIED & NON-SPECIFIED MEMBERS OF PARLIAMENT
 
Column 1
Column 2
Column 3

 
SPECIFIED OFFICE HOLDERS
(refer to clause 2.3)
SENATORS OR MEMBERS
(incl Office Holders not specified in clause 2.3)

CAPITAL CITIES

 
 
 

Canberra
$260
$260

Adelaide
$373
$329

Brisbane
$400
$376

Darwin
$448
$407

Hobart
$359
$319

Melbourne
$429
$371

Perth
$473
$382

Sydney
$429
$372

COUNTRY CENTRES

Country Centres not specified below
$354
$251

NEW SOUTH WALES

Armidale
$354
$276

Bathurst
$354
$276

Bourke
$354
$308

Broken Hill
$354
$276

Coffs Harbour
$354
$276

Cooma
$354
$276

Dubbo
$354
$276

Gosford
$354
$276

Goulburn
$354
$276

Maitland
$354
$276

Mudgee
$354
$276

Muswellbrook
$354
$276

Newcastle
$354
$286

Orange
$354
$276

Port Macquarie
$354
$276

Tamworth
$354
$276

Tumut
$354
$276

Wagga Wagga
$354
$277

Wollongong
$354
$279

NORTHERN TERRITORY

Alice Springs
$354
$293

Jabiru
$356
$335

Katherine
$354
$277

Tennant Creek
$354
$276

Yulara
$408
$387

QUEENSLAND

Bundaberg
$354
$276

Cairns
$354
$283

Chinchilla
$354
$276

Dalby
$354
$276

Emerald
$354
$284

Gladstone
$354
$330

Gold Coast
$354
$292

Hervey Bay
$354
$276

Horn Island
$354
$312

Innisfail
$354
$276

Kingaroy
$354
$276

Mackay
$354
$284

Mount Isa
$354
$303

Rockhampton
$354
$276

Roma
$354
$276

Thursday Island
$354
$323

Toowoomba
$354
$276

Townsville
$354
$276

Weipa
$354
$281

SOUTH AUSTRALIA

Bordertown
$354
$276

Ceduna
$354
$276

Kadina
$354
$276

Mount Gambier
$354
$276

Naracoorte
$354
$276

Port Augusta
$354
$276

Port Lincoln
$354
$276

Port Pirie
$354
$283

Renmark
$354
$276

Whyalla
$354
$288

Wilpena Pound
$354
$310

TASMANIA

Burnie
$354
$278

Devonport
$354
$276

Launceston
$354
$276

VICTORIA

Ararat
$354
$276

Bairnsdale
$354
$276

Ballarat
$354
$276

Bendigo
$354
$276

Bright
$354
$279

Castlemaine
$354
$276

Echuca
$354
$266

Geelong
$354
$276

Hamilton
$354
$276

Horsham
$354
$276

Mildura
$354
$276

Portland
$354
$276

Seymour
$354
$276

Swan Hill
$354
$276

Warrnambool
$354
$276

Wonthaggi
$354
$276

WESTERN AUSTRALIA

Albany
$354
$276

Broome
$374
$353

Bunbury
$354
$298

Carnarvon
$354
$294

Dampier
$354
$318

Derby
$354
$325

Esperance
$354
$276

Exmouth
$419
$398

Geraldton
$354
$278

Halls Creek
$354
$308

Kalgoorlie
$354
$302

Karratha
$511
$490

Kununurra
$366
$345

Newman
$359
$338

Port Hedland
$423
$402

EXTERNAL TERRITORIES

Christmas Island
$354
$293

Cocos (Keeling) Islands
$354
$276

Norfolk Island
$354
$333

 
2.2     The Prime Minister shall be provided with accommodation and sustenance up to a limit of $545, and not the amounts in Table 2A, for each overnight stay in a place other than an official establishment or the Prime Minister’s home base.  Accommodation and sustenance at official establishments shall be provided at government expense.
 
2.3      Specified Office Holders for the purposes of Table 2A, column 2:
Deputy Prime Minister, Treasurer, Leader of the House, Leader of the Government in the Senate, Other Ministers, Parliamentary Secretaries, Leader of the Opposition, President of the Senate, Speaker of the House of Representatives, Deputy Leader of the Opposition, Leader of the Opposition in the Senate, Deputy Leader of the Opposition in the Senate, Deputy President and Chairman of Committees in the Senate, Deputy Speaker in the House of Representatives, Leader of a recognised non-Government party of at least 5 members not otherwise specified herein, Chief Government Whip in the House of Representatives, Chief Opposition Whip in the House of Representatives, Chief Government Whip in the Senate, Chief Opposition Whip in the Senate.
 
PART 3 - CONDITIONS OF PAYMENT
 
General
 
3.1     A claim for travelling allowance for an overnight stay or overnight stays under a provision of this determination, or a request for an extension to submit a claim, must be submitted within 60 days from the date the travel is completed.  Upon receipt of a written request from a senator or member, the Special Minister of State, or his or her nominee, may approve an extension of time to submit a claim.  Where a claim is submitted after the 60 day period has elapsed, and where the Special Minister of State, or his or her nominee, has not approved an extension of time, payment of a claim will not be made.
 
3.2     Where a claim for travelling allowance for an overnight stay or overnight stays is made or received under a provision of this determination, a person is not entitled to claim or receive travelling allowance or reimbursement of travelling expenses under any other source of entitlement for the same overnight stay or overnight stays.
 
3.3      Procedural rules to give full effect to this Determination shall be such as may be made from time to time by the Special Minister of State.
 
Canberra
 
3.4     The Canberra rate in Table 2A is payable subject to documentary evidence of arrival in or departure from Canberra (in accordance with guidelines issued by the Special Minister of State) being produced on request.  If such evidence is not produced within 60 days of it being requested, any travelling allowance paid in respect of the undocumented period must be repaid.
 
Private Non-Commercial Accommodation - other than Canberra
 
3.5     Where a senator or member is accommodated in private, non-commercial accommodation such as the home of a family member or friend, a rate of one third of the rate for commercial accommodation in Table 2A is payable, rounded upwards to the nearest dollar.
 
Commercial Accommodation - other than Canberra
 
3.6      In order to be paid the commercial accommodation rate, a receipt for the commercial accommodation must be produced or certification must be made that a receipt for the commercial accommodation can be produced (and will be produced upon request).  If a receipt for the commercial accommodation (or other satisfactory validation of the expense) is not produced within 60 days of it being requested any travelling allowance paid in respect of the un-receipted accommodation must be repaid.  Where the mode of transport includes an en route accommodation component no travelling allowance will be paid.
 
The Prime Minister
 
3.7     If no receipt is produced or certification made that a receipt can be produced on request, the Prime Minister is entitled to one-third of $545 (rounded upwards to the nearest whole dollar) for each overnight stay in a place other than an official establishment or his/her home base.
 
3.7.1    In exceptional circumstances, the Commonwealth may pay the accommodation and sustenance costs incurred by the Prime Minister where those costs exceed the travelling allowance entitlement provided in clause 2.2 where:
 
(i)     those costs are incurred in respect of overnight stays in a place other
than an official establishment or the Prime Minister’s home base; and
 
(ii)  the overnight stay is occasioned by official business as the Prime Minister.
 
Ministers of State (other than the Prime Minister) and Office Holders
 
3.8     Travelling allowance shall be payable to a Minister (other than the Prime Minister) or an office holder for each overnight stay in a place other than his or her home base when that stay is occasioned primarily by:
 
(a)   sittings of the House of Parliament or direct travel to or from such sittings; or
 
(b)   official business as a Minister or as an office holder; or
 
(c)    meetings of, or the formal business of, parliamentary committees of which he or she is a member or direct travel to or from such meetings; or
 
(d)   meetings in Canberra of his or her parliamentary political party, of its executive or of its committees (see clause 1.5.2) or direct travel to or from such meetings; or
 
(e)   meetings of his or her parliamentary political party executive (see clause 1.5.2) outside Canberra or direct travel to or from such meetings; or
 
(f)    meetings, other than in Canberra, of a parliamentary political party, or of its executive, or of its committeees, and attendance at the national and state conferences of a political party, of which he or she is a member (see clause 1.5.2), and meetings outside the electorate on electorate business up to a maximum of ten overnight stays per annum in total, and direct travel to or from such meetings or conferences.
 
3.8.1  In exceptional circumstances the Commonwealth may pay the accommodation costs incurred by a Minister where those costs are incurred in respect of overnight stays in a place other than his or her home base or Canberra when that stay is occasioned primarily by the sittings, official business and meetings specified in clauses 3.8(a) to 3.8(f) above.
 
3.8.2      Where the costs of accommodation are met in accordance with clause 3.8.1, travelling allowance may be paid for meals and incidental costs only up to a limit of $164 per day, except where the mode of transport includes an en route accommodation component in which case no travelling allowance on account of meals and incidental costs will be paid.  Any claim for travelling allowance shall be subject to provision of receipts and made on a reimbursement basis.
 
3.9     The Deputy Prime Minister when acting Prime Minister is entitled to travelling allowance in accordance with clauses 2.2 and 3.7.
 
3.10   Where the spouse of a Minister or an office holder travels in the company of the Minister or office holder at government expense an additional amount of $10 shall be added to the rate in Part 2.
 
3.11   A Minister or an office holder travelling between Western Australia or the Northern Territory and Canberra on parliamentary business who is required to break a journey, may be paid travelling allowance in accordance with the rates in Part 2.
 
Senators and Members
 
3.12   Travelling allowance shall be payable to a senator or member for each overnight stay in a place other than his or her home base when that stay is occasioned primarily by:
 
(a)   sittings of the House of Parliament or direct travel to or from such sittings; or
 
(b)   meetings of or the formal business of parliamentary committees of which he or she is a member or direct travel to or from such meetings; or
 
(c)    attendance at functions representing a Minister or a Presiding Officer on official business as a Minister or Presiding Officer, or direct travel to or from such functions, provided the Minister or Presiding Officer nominates the function in advance in a written request to the senator or member to represent him or her; or
 
(d)      meetings in Canberra of his or her parliamentary political party, of its executive or of its committees (see clause 1.5.2) or direct travel to or from such meetings; or
 
(e)    meetings of his or her parliamentary political party executive (see clause 1.5.2) outside Canberra or direct travel to or from such meetings; or
 
(f)    meetings, other than in Canberra, of a parliamentary political party, or of its executive, or of its committeees, attendance at the national and state conferences of a political party, of which he or she is a member (see clause 1.5.2), and meetings outside the electorate on electorate business up to a maximum of ten overnight stays per annum in total, and direct travel to or from such meetings or conferences; or
 
(g)    attendance at official government, parliamentary or vice-regal functions; or
 
(h)      meetings of a non-statutory body which a senator or member has been nominated to attend by resolution of either House, where the senator or member performs duties principally as a representative or alternate representative, of the Parliament; or
 
(i)        attendance at properly constituted meetings of a Government advisory committee or task force provided that the senator or member is a member of the committee or task force.
 
3.13   A senator or member travelling between Western Australia or the Northern Territory and Canberra on parliamentary business who is required to break a journey may be paid travelling allowance in accordance with the rates in Part 2.
 
3.14   Other than as provided in clauses 3.15, 3.16, 3.17 and 3.18 travelling allowance is not payable to a senator or member for an overnight stay within the electoral division of the House of Representatives which contains the home base of the senator or member.  Except that a senator or member whose home base is in an electorate that is over 100,000 km2 will also be eligible for travelling allowance for overnight stays within that electorate for travel under clauses 3.12(b),(c) and (i).
 
3.15   In addition to the entitlement in clause 3.12, a member whose electorate is 10,000 km2 or more in area, or a senator, who:
 
(a)   travels in his or her electorate on parliamentary or electorate business; and
(b)   stays overnight in a place other than his or her home base; and
(c)    makes a claim identifying the places and nights of absence,
 
          may be paid travelling allowance at the relevant rate in Table 2A for a senator or member for each overnight stay, subject to the limits in the table below:
 
TABLE 3A – MAXIMUM NUMBER OF OVERNIGHT STAYS PER YEAR
 
Chamber
State or Territory/Electorate
Overnight stays a year

Senators
Except from the Northern Territory
30

 
From the Northern Territory
66

Members
Electorate of 10,000 to 19,999 km2
16

 
Electorate of 20,000 to 99,999 km2
25

 
Electorate of 100,000 to 499,999 km2
35

 
Electorate of 500,000 to 999,999 km2
50

 
Electorate of 1,000,000 km2 and over
90

 
3.15.1    A member representing an electorate of 300,000 km2 or more shall be entitled to access up to 30 overnight transit stops per annum from the overnight stays as provided in clause 3.15, at the nearest major transport centre, where they are not able to access their electorate through direct flights from within their electorate.
 
3.15.2    A member representing an electorate of less than 10,000 km² in area, whose electorate includes islands, other than external territories, or separate regional areas located outside the boundary of, and which are at least 100 kms from, the main body of his or her electorate, may access up to a maximum of six overnight stays per annum, for electorate business on those islands or in the separate regional areas.
 
3.15.3     The Member for Bowman may access up to a maximum of six overnight stays per annum for electorate business on North Stradbroke Island.
 
3.15.4    Subject to clause 3.15.5, if in the previous year a senator or member received a supplement under Regulation 3EA of the Parliamentary Entitlements Regulations 1997, the number of nights in Table 3A of this Determination in the following year is reduced by the number of nights travelling allowance paid using the supplement.
 
3.15.5     If the Minister has approved under subregulation 3EA (7A) of the Parliamentary Entitlements Regulations 1997, the expenditure, in the 2011‑2012 financial year, of a supplement for the 2010‑2011 financial year, the amount in clause 6.2 of this Determination is reduced in the 2012‑2013 financial year by the number of nights travelling allowance paid using the supplement in the 2010‑2011 and 2011‑2012 financial years.
 
3.15.6    However, the Minister may, having regard to the particular circumstances of the senator or member, waive the requirement in subclauses 3.15.4 and 3.15.5 in relation to the senator or member.
 
3.16   A senator or member from the Australian Capital Territory or a member representing an electorate adjacent to the Australian Capital Territory and whose principal place of residence is within a 30 kilometre radius of Parliament House shall be paid a daily expense allowance of $81 for each day that he or she attends in Canberra:
 
(a)      sittings of his or her House of Parliament; or
 
(b)      meetings of his or her parliamentary political party, of its executive or of one of its committees (see clause 1.5.2); or
 
(c)          meetings of a Parliamentary Committee of which he or she is a member;or
 
(d)          in respect of official business as a Minister or as an office holder.
 
A claim for this daily expense allowance, or a request for an extension to submit a claim, must be submitted within 60 days from the date the attendance in Canberra occurred.  Upon receipt of a written request from a senator or member, the Special Minister of State, or his or her nominee, may approve an extension of time to submit a claim.  Where a claim is submitted after the 60 day period has elapsed, and where the Special Minister of State, or his or her nominee, has not approved an extension of time, payment of a claim will not be made.
 
External Territories
 
3.17   A senator from the Northern Territory or the Member for Lingiari who visits the Cocos (Keeling) Islands and/or Christmas Island and the Member for Canberra or a senator from the Australian Capital Territory who visits Norfolk Island for electorate business shall be paid additional travelling allowance up to a maximum of:
 
(a)      in the case of a senator from the Northern Territory or the Member for Lingiari, eighteen overnight stays per annum; and
 
(b)      in the case of a senator from the Australian Capital Territory or the Member for Canberra, eleven overnight stays per annum;
 
         unless prevailing airline schedules prevent the senator or member from completing his or her journey within that maximum number of overnight stays.  This entitlement shall apply to senators from the Northern Territory and the Australian Capital Territory only while the total representation from those Territories in both Houses does not exceed eight senators and members in the Parliament.
 
3.18   A senator from the Northern Territory or the Member for Lingiari who is required to break his or her journey when travelling to or from the Cocos (Keeling) Islands or Christmas Island on electorate business may be paid travelling allowance for that overnight stay in accordance with the rates in Part 2.
 
3.19   A senator or member who visits an external territory (other than Antarctica) on parliamentary business shall be paid a travelling allowance as specified.
 
3.20   A senator or member who visits an external territory other than in accordance with clause 3.17, shall be paid travelling allowance provided that, prior to embarking on the visit, he or she submits to the Special Minister of State a statement in writing setting out fully:
 
(a)    that the purpose or purposes of the journey was for Parliamentary Committee business as formally authorised by the Parliamentary Committee; and
 
(b)    the period of the visit and proposed itinerary.
 
Party Leaders
 
3.21   The Leader of a recognised party of at least five members in the Parliament shall be paid travelling allowance for each overnight stay when travelling in the performance of duties or functions connected with the office of leader providing:
 
(a)   in the case of a senator, the travel is outside the electoral division of the House of Representatives which contains his or her home base; or
 
(b)   in the case of a member, the travel is outside his or her electorate;
 
          and further providing that travelling allowance payable during visits to the Cocos (Keeling) Islands, Christmas Island, and Norfolk Island shall be limited to a maximum of eleven overnight stays per annum, unless prevailing airline schedules prevent him or her from completing the journey within that maximum number of days.
 
3.22   The Deputy Leader of a recognised party of at least five members in the Parliament may be paid travelling allowance in respect of not more than fifty-five overnight stays per annum when travelling outside his or her electorate in the performance of duties or functions connected with the office of Deputy Leader providing:
 
(a)   in the case of a senator, the travel is outside the electoral division of the House of Representatives which contains his or her home base; or
 
(b)   in the case of a member, the travel is outside his or her electorate.
 
Second Deputy Speaker in the House of Representatives
 
3.23   The Second Deputy Speaker in the House of Representatives when travelling on duties or functions connected with that office shall be entitled to be paid travelling allowance in respect of each overnight stay occasioned by such duties or functions.
 
Chief/Primary Whips
 
3.24   The Chief/Primary Whip of each party in either the Senate or the House of Representatives when travelling to Canberra on duties or functions connected with their offices, other than when the Parliament is sitting, shall be entitled to be paid travelling allowance in respect of each overnight stay in Canberra occasioned by such duties or functions.
 
3.24.1     The Chief Whips of the Government and Opposition in the House of Representatives, when travelling outside their home base and outside Canberra on duties and functions connected with their office, shall be entitled to travelling allowance in respect of each overnight stay occasioned by such duties and functions, to a maximum of 20 nights in each year.
 
3.24.2     The Chief Whips of the Government and Opposition in the Senate, when travelling outside their home base and outside Canberra on duties and functions connected with their office, shall be entitled to travelling allowance in respect of each overnight stay occasioned by such duties and functions, to a maximum of ten nights in each year.
 
Whips
 
3.25   Whips of all parties in either the Senate or the House of Representatives when travelling to Canberra on duties or functions connected with their offices at the request of the Chief Whip, or when travelling to Canberra in place of the Chief Whip, other than when the Parliament is sitting, shall be entitled to be paid travelling allowance in respect of each overnight stay in Canberra occasioned by such duties or functions.
 
Chairs of Parliamentary Committees
 
3.26   The chair of a parliamentary committee shall be paid travelling allowance in respect of each overnight stay in a place other than his or her home base when travelling on Parliamentary Committee business.
 
Shadow Ministers
 
3.27   Subject to clauses 3.27.1, 3.27.2 and 3.27.3, a senator or member who is a Shadow Minister may be paid travelling allowance in respect of not more than fifty-five overnight stays per annum when travelling in the performance of duties or functions connected with the office of Shadow Minister providing:
 
(a)   in the case of a senator, the travel is outside the electoral division of the House of Representatives which contains his or her home base;
 
(b)      in the case of a member, the travel is outside his or her electorate; and
 
(c)      in the case of the Shadow Minister with responsibility for the external territories, the travel is to the Cocos (Keeling) Islands, Christmas Island and Norfolk Island, in the performance of duties or functions connected with the office of Shadow Minister.

3.27.1     In the case of the relevant Shadow Minister with responsibility for the external territories, that Shadow Minister may use a maximum of seven overnight stays per annum, within the maximum of fifty-five overnight stays per annum available to each Shadow Minister, for travel as outlined in clause 3.27.3, provided that, with reasonable notice prior to departure, he or she submits to the Opposition Leader and the Special Minister of State a statement in writing setting out:
 
(a)    his or her intention to travel to the external territory or territories;
 
(b)    an overview of the purpose or purposes of the visit; and
 
(c)    the period of the visit and proposed itinerary.
 
3.27.2     The provisions outlined in 3.27.1 shall apply to only one relevant Shadow Minister at any point in time.
 
3.27.3     (a)    Except as provided under clause 3.27.3 (b)(i), if during the course of a financial year there is more than one Shadow Minister with responsibility for the external territories, any subsequent relevant Shadow Ministers shall be entitled to only the remainder of any entitlement referred to in clause 3.27.1 that has not already been used in the financial year.
 
             (b)    If during the course of a financial year:
 
(i)   a general election occurs; and
(ii)    there is a change of government,
 
the relevant Shadow Minister following the change of government shall be entitled to a proportionate amount of the benefit referred to in clause 3.27.1 worked out by the formula set out in sub-section 6(1) of the Parliamentary Entitlements Act 1990.  An amount so worked out must be rounded to the nearest whole number that is greater than zero.
 
3.28   The number of Shadow Ministers qualifying for this entitlement shall at no stage exceed the number of Ministers.  For the purpose of calculating the number of Shadow Ministers, all Opposition office holders as defined in clause 1.4.9 shall be counted.
 
3.29   The Opposition may ‘pool’ this entitlement, other than the entitlement referred to in 3.27.1, into a block of nights travelling allowance per annum to be allocated at the discretion of the Leader.
 
Signed this 20th day of August 2012
 
 
 
 
 
 
              Signed
 
 
 
 
            Signed
 
 
 
 
            Signed

John C Conde AO
PRESIDENT
John B Prescott AC
MEMBER
Jillian Segal AM
MEMBER