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Legislative Assembly for the ACT: 1999 Week 9 Hansard (2 September) . . Page.. 2869 ..
GOVERNMENT SOLICITOR
Your Reference: 1st FloorOur Reference: 98-2-320384; 93-2-144444 GIO House
Dr Douglas Jarvis City Walk
Ph: (02) 6207 0628 CANBERRA CITY 2601
5 July 1999
Mr Ken Douglas
Communication and Customer Service
Chief Minister's Department
BY FAX 76366
RE: TRAVEL ASSISTANCE TO MINISTERS - ACT SELF GOVERNMENT ACT SECTIONS 14,73
I refer to your memorandum of 5 July 1999 seeking urgent advice concerning the above matter.You have asked in effect whether there is any legal problem in the Chief Minister or other Ministers accepting travel assistance. The assistance would be provided under a scheme whereby Qantas makes available each year $35,000 in free travel to the Chief Minister's Department, and the Department may draw upon the assistance at its discretion. The Department proposes to use some of the assistance for travel by the Chief Minister and other Ministers.
Short answer
No, provided the travel assistance does not fall within paragraph 14(1)(c) of the ACT Self Government Act.Reasons
Paragraph 14(1)(c) of the ACT Self Government Act provides for the disqualification of a member of the Assembly if the member -
"takes or agrees to take, directly or indirectly, any remuneration, allowance, honorarium or reward for services rendered in the Assembly, otherwise than under section 71"
Section 73 provides in effect that Ministers' remuneration is to be determined by enactment or by the Remuneration Tribunal.
If it can be assumed that the travel assistance is a form of "reward", the critical question is whether it would be "for services rendered in the Assembly".
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