1Short title
This Act is the Parliamentary Business Resources Act 2017.
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Bill homepage (APH)This Act is the Parliamentary Business Resources Act 2017.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Provisions | Commencement | Date/Details |
1. The whole of this Act | A single day to be fixed by Proclamation. A Proclamation must not specify a day that occurs before the Parliamentary Business Resources (Consequential and Transitional Provisions) Act 2017 receives the Royal Assent. However, if the provisions do not commence within the period of 12 months beginning on the later of: (a) the day this Act receives the Royal Assent; and (b) the day the Parliamentary Business Resources (Consequential and Transitional Provisions) Act 2017 receives the Royal Assent; they commence on the day after the end of that period. | 1 January 2018 (F2017N00092) |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The main objects of this Act are to recognise the following:
that members should be remunerated, and provided with resources, for being a member;
that members should be able to use public resources for reasonable costs incurred for the dominant purpose of conducting parliamentary business;
that members have obligations in relation to the use of those public resources.
The other objects of this Act are to ensure that:
on retirement, former members are provided with limited resources to facilitate their ceasing to be a member; and
if a person dies while a member, the person’s estate may be paid an allowance in recognition that the resources mentioned in paragraph (a) will not be provided; and
reasonable resources are provided to former Prime Ministers to support their continuing contribution to public life beyond their parliamentary service.
This Act creates a framework for the use of public resources by members of Parliament in connection with parliamentary business.
Members are paid remuneration determined by the Remuneration Tribunal. The Tribunal also determines the rates of travel allowances for domestic travel. Expenses and other allowances payable to members, and other public resources to be provided, are determined by the regulations. The Tribunal makes recommendations on these matters.
Members have obligations in relation to the use of public resources, including the requirement to use those resources for the dominant purpose of conducting parliamentary business and the requirement to ensure value for money. Contravention of a member’s obligations may result in a penalty of 25% of the value of the public resources.
IPEA may give a ruling determining that conduct relating to an IPEA‑administered public resource was or was not in accordance with this Act. A member may be protected from incurring a debt if a ruling determines that particular conduct was in accordance with this Act or if IPEA gives incorrect personal advice.
This Act also provides for an injury compensation scheme and for other resources to be provided to members.
Some resources may also be provided to former members and the estates of persons who die while a member.
In this Act:
administering authority means:
for a person who is or will be a senator—the Clerk of the Senate; or
for a person who is a member of the House of Representatives—the Clerk of the House of Representatives.
base salary means an annual allowance determined for the purposes of subsection 14(2).
chosen basic contributions fund, in relation to a person, means the fund, scheme or account (if any) specified in a notice given by the person that is in force under Division 2 of Part 2 of the Parliamentary Superannuation Act 2004.
claim means:
a claim or request for public resources that is made to the Commonwealth; or
the incurring of expenses that are payable by the Commonwealth.
commercial purpose means a purpose relating to the derivation of financial gain or reward.
complying superannuation fund has the meaning given by section 8.
constituent of a senator of a State or Territory or member of the House of Representatives means:
for a senator of a State or Territory—a person enrolled to vote or resident in that State or Territory; or
for a member of the House of Representatives—a person enrolled to vote or resident in the member’s electorate.
default basic contributions fund means the fund or scheme that is the default fund under Division 3 of Part 2 of the Parliamentary Superannuation Act 2004.
dependent child of a member means a person in relation to whom:
both of the following apply:
the person is less than 16;
the member is legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of the person; or
both of the following apply:
the person is at least 16 and less than 18;
the person is financially dependent on the member; or
all of the following apply:
the person is 18 or older;
the person is financially dependent on the member;
the person is undertaking, and has been continuously undertaking, secondary education.
electorate allowance means an amount determined for the purposes of paragraph 14(3)(a).
electorate duties of a member has the meaning given by paragraph 6(1)(b).
former member means a person who was, but is no longer, a member.
IPEA means the Independent Parliamentary Expenses Authority.
IPEA‑administered public resource has the meaning given by subsection 37(1A).
member means:
a senator; or
a member of the House of Representatives; or
a Minister of State who is not a senator or member of the House of Representatives; or
a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or
a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives.
Ministerial salary means the salary of a Minister of State that is payable under section 66 of the Constitution.
new scheme contribution period, in relation to a person, has the same meaning as in the Parliamentary Superannuation Act 2004.
office holder means:
the President of the Senate; or
the Speaker of the House of Representatives; or
the Deputy President and Chair of Committees of the Senate; or
the Deputy Speaker of the House of Representatives; or
a person who is an office holder because of a determination under section 7.
office holder’s salary means an amount determined for the purposes of paragraph 14(3)(b).
official duties of a member has the meaning given by paragraph 6(1)(d).
parliamentary business has the meaning given by section 6.
parliamentary duties of a member has the meaning given by paragraph 6(1)(a).
Parliamentary injury compensation scheme has the meaning given by subsection 41(1).
party political duties of a member has the meaning given by paragraph 6(1)(c).
President of the Remuneration Tribunal has the meaning given by the Remuneration Tribunal Act 1973.
presiding officer means:
the President of the Senate; or
the Speaker of the House of Representatives.
provides public resources: the Commonwealth provides public resources if:
the Commonwealth pays any expenses or allowances under Part 3; or
the Commonwealth provides goods, services, premises, equipment or any other facility under that Part; or
the Commonwealth pays for the provision of goods, services, premises, equipment or any other facility by another person (whether or not under an arrangement between the Commonwealth and the other person) under that Part.
public resources means:
any expenses or allowances paid under Part 3; or
any goods, services, premises, equipment or any other facility provided or paid for under that Part.
relevant court means:
the Federal Court of Australia; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to the matter.
remuneration means any remuneration determined for the purposes of subsection 14(2), (3) or (4).
Remuneration Tribunal Minister means the Minister who administers the Remuneration Tribunal Act 1973.
resources means the payment of expenses, or allowances, goods, services, premises, equipment or any other facility.
resources provider means any of the following:
a Secretary of a Department;
IPEA;
a presiding officer.
RSA has the same meaning as in the Retirement Savings Accounts Act 1997.
ruling means a ruling given under section 37.
Senate election means an election of senators for a State or Territory.
spouse includes de facto partner (within the meaning of the Acts Interpretation Act 1901).
this Act includes the regulations and other legislative instruments made under or for the purposes of this Act.
travel expenses: without limiting the ordinary meaning of the expression, the travel expenses of a member include:
an expense incurred in connection with travel by the member; and
an expense incurred in connection with travel by any person for the purpose of:
accompanying the member when the member is travelling; or
joining the member; or
representing the member at a funeral or function; or
attending an official government, parliamentary or vice‑regal function as an invitee.
See section 9 for examples of expenses incurred in connection with travel.
value for money: expenses that are incurred, allowances that are claimed, or public resources that are claimed or provided, provide value for money if:
the payment by the Commonwealth of the expenses that are incurred; or
the payment by the Commonwealth of the allowances that are claimed, or the provision of the public resources by the Commonwealth;
uses public money efficiently, effectively and economically.
vehicle allowance means an allowance determined for the purposes of paragraph 14(4)(b).
vice regal function means a function hosted by:
the Governor‑General; or
a Governor of a State; or
the Chief Minister of the Australian Capital Territory; or
the Administrator of the Northern Territory; or
an Administrator on behalf of the Governor‑General or a Governor of a State.
Meaning of parliamentary business
The parliamentary business of a member means any of the following:
the parliamentary duties of the member, being activities of the member that:
relate directly to the member’s role as a member; and
are determined for the purposes of paragraph (4)(a);
the electorate duties of the member, being activities of the member that:
support or serve the member’s constituents; and
are determined for the purposes of paragraph (4)(b);
the party political duties of the member, being activities determined for the purposes of paragraph (4)(c);
for a member who is an office holder or a Minister of State—the official duties of the member, being activities that:
relate to the member’s role as an office holder or Minister of State; and
are determined for the purposes of paragraph (4)(d).
However, an activity is not the parliamentary business of a member if:
the member carries it out for the dominant purpose of either or both of the following:
providing a personal benefit to the member or another person;
pursuing commercial purposes of the member or another person; or
the activity is determined under subsection (3) for the purposes of this paragraph.
The Minister may make a determination for the purposes of paragraph (2)(b).
Determining parliamentary duties, electorate duties, party political duties and official duties
The Minister must determine activities of a member that are:
parliamentary duties of the member; or
electorate duties of the member; or
party political duties of the member; or
official duties of the member.
Without limiting this section or subsection 33(3A) of the Acts Interpretation Act 1901, a determination under subsection (3) or (4) may determine a matter for:
particular members, office holders or Ministers of State; or
classes of members, office holders or Ministers of State; or
members, office holders or Ministers of State generally.
A determination under subsection (3) or (4) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
The Minister may, by legislative instrument, determine the following:
that a member who holds a specified position in, or in relation to, the Parliament or either House of the Parliament is an office holder;
that a member who performs functions of a kind specified in the determination in, or in relation to, the Parliament or either House of the Parliament is an office holder.
A fund or scheme is a complying superannuation fund at a particular time if, and only if:
the fund or scheme is a complying superannuation fund for the purposes of the Income Tax Assessment Act 1997 in relation to the year of income in which the time occurs; and
the fund or scheme is a superannuation fund as defined by subsection 6(1) of the Income Tax Assessment Act 1936.
In applying paragraph (1)(a) in relation to a fund or scheme and a particular time, the following are to be disregarded:
any notice that is given after that time under section 40 of the Superannuation Industry (Supervision) Act 1993 and that relates to the fund or scheme and the year of income in which the time occurs;
any revocation or setting aside, after that time, of a notice given before that time under section 40 of the Superannuation Industry (Supervision) Act 1993 and that relates to the fund or scheme and the year of income in which the time occurs or an earlier year of income.
For the purposes of this Act, the following are examples of expenses incurred in connection with travel:
the cost of fares;
the cost of taxis and other local transport in connection with travel;
the cost of the provision of charter services;
the cost of accommodation;
the cost of meals;
the cost of incidentals.
The following are examples of expenses incurred in connection with travel overseas:
the cost of vaccinations and medical supplies essential for travel overseas;
the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.
This section does not limit the regulations that may be made for the purposes of section 31 (travel allowances).
This Act binds the Crown in right of the Commonwealth.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
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