Parliamentary Business Resources (Consequential and Transitional Provisions) Act 2017

In this Schedule, PBR Act means the Parliamentary Business Resources Act 2017.

An expression that is defined in the PBR Act has the same meaning in this Schedule as it has in that Act.

Division 2 of Part 2 of the PBR Act applies in relation to:

remuneration that is payable or to be provided in relation to the day this item commences and later days; and

expenses and allowances that are payable under section 15 of that Act in relation to the day this item commences and later days; and

goods, services, premises, equipment and any other facility to be provided under section 16 of that Act in relation to the day this item commences and later days.

Section 21 of the PBR Act applies in relation to calendar months that commence at or after the commencement of this item.

An election described in clause 1D of Schedule 3 to the Remuneration and Allowances Act 1990 that is in force immediately before the commencement of this item is taken, after that commencement, to be an election described in section 18 of the PBR Act.

The repeal of clause 1G of Schedule 3 to the Remuneration and Allowances Act 1990 made by Schedule 1 to this Act applies in relation to calendar months that commence at or after the commencement of this item.

Divisions 2 and 3 of Part 3 of the PBR Act apply in relation to claims made, and expenses incurred, after the commencement of this item in relation to parliamentary business conducted after that commencement.

Division 3 of Part 4 of the PBR Act applies in relation to public resources provided after the commencement of this item.

Section 55 of the PBR Act applies in relation to financial years that end after the commencement of this item.

An instrument that is in force under section 9A of the Parliamentary Entitlements Act 1990 immediately before the commencement of this item is taken, after that commencement, to have been made under section 41 of the PBR Act.

That instrument applies, in accordance with subitem (3) and any regulations made for the purposes of subitem (5), in relation to:

injuries that occur, and diseases that are suffered, after the commencement of this item in connection with an activity occurring:

after that commencement; or

both before, and on or after, that commencement (whether the activity spans the commencement or occurs during separate periods before and on or after that date); and

deaths that result from such injuries and diseases; and

aggravations of such injuries and diseases; and

loss of, or damage to property, that occurred after the commencement of this item.

That instrument applies as if a reference to the expression in column 1 of an item of the following table included a reference to the expression in column 2 of that item.

Despite the repeal of section 9A of the Parliamentary Entitlements Act 1990 by Schedule 2 to this Act, the instrument made under that section, as in force immediately before that repeal, continues to apply, in accordance with any regulations made for the purposes of subitem (5), in relation to:

injuries that occurred, and diseases that were suffered, in connection with an activity (except an activity covered by subparagraph (2)(a)(ii)) occurring before that commencement, whether those injuries or diseases occur before or after the commencement of this item; and

deaths that result from such injuries and diseases, whether those deaths occur before or after that commencement; and

aggravations of such injuries and diseases, whether those aggravations occur before or after that commencement; and

loss of, or damage to property, that occurred before the commencement of this item.

The regulations may provide that the Parliamentary injury compensation scheme, as it applies under subitem (2) or (4), has effect with any modifications prescribed by the regulations.

The regulations may also modify the effect of this item during the first 12 months after it commences (see item 11).

Subitem (5) does not limit the regulations that may be made in relation to the Parliamentary injury compensation scheme under item 11.

To avoid doubt, this item does not prevent an instrument being made under section 41 of the PBR Act.

Subsection 12(2) of the Legislation Act 2003 does not apply to the first instrument made under section 41 of the PBR Act after the commencement of this item.

Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments.

immediately before the commencement of this item, an approval is in force in relation to an allowance or benefit under the Parliamentary Allowances Act 1952 or the Parliamentary Entitlements Act 1990 that is payable to a member or former member; and

after that commencement, the Commonwealth is liable under the PBR Act to provide public resources, or resources under Part 5, equivalent to the allowance or benefit to the member or former member;

This item applies in relation to the repeal of the following provisions:

the Parliamentary Allowances Act 1952;

the Parliamentary Entitlements Act 1990, except section 9A of that Act;

any instruments made under those Acts, except the Parliamentary injury compensation scheme made under section 9A of the Parliamentary Entitlements Act 1990;

Despite those repeals, those provisions continue to apply in relation to:

allowances and benefits to which a person became entitled under those provisions before the commencement of this item; and

allowances and benefits to which a person becomes entitled under those provisions, after the commencement of this item, in relation to activities conducted before that commencement;

Subitem (2) covers remuneration in relation to days before the commencement of this item.

For the purposes of subitem (2), a person is taken to have become entitled to a benefit before the commencement of this item if:

the benefit relates to a return journey of travel; and

the journey began before that commencement.

Despite the repeal of section 12 and subsections 63(1) to (7) of the Independent Parliamentary Expenses Authority Act 2017 by Schedule 1 to this Act, those provisions, as in force immediately before the commencement of Part 1 of Schedule 1 to this Act, continue to apply after that commencement in relation to matters that occurred before that commencement (including in relation to matters that occurred before the commencement of section 3 of the Independent Parliamentary Expenses Authority Act 2017).

Rules that are in force under subsection 63(8) of the Independent Parliamentary Expenses Authority Act 2017 immediately before the commencement of Part 1 of Schedule 1 to this Act are taken, after that commencement, to be in force under section 63 of that Act (as amended by Schedule 1 to this Act).

Despite the repeal of paragraphs 33(1)(a) and (b) of the Independent Parliamentary Expenses Authority Act 2017 by Schedule 1 to this Act, those paragraphs continue to apply in relation to information or documents that are required before or after the commencement of Part 1 of Schedule 1 to this Act relating to MP work expense matters or MOPS travel expenditure matters.

Despite the amendment of subsection 53(1) of the Independent Parliamentary Expenses Authority Act 2017 made by Schedule 1 to this Act, that subsection, as in force immediately before the commencement of Part 1 of Schedule 1 to this Act, continues to apply in relation to notices given before or after the commencement of this item relating to MP work expense matters and MOPS travel expenditure matters.

The amendments of the Age Discrimination Act 2004 made by Schedule 1 to this Act apply in relation to things done by a person after the commencement of this item.

Despite those amendments, that Act, as in force immediately before the commencement of this item, continues to apply in relation to things done after that commencement under the Parliamentary injury compensation scheme (within the meaning of the Parliamentary Entitlements Act 1990), as that scheme continues to apply as a result of this Schedule.

The amendments of section 91 of the Safety, Rehabilitation and Compensation Act 1988 made by Schedule 1 to this Act apply in relation to expenses, charges, obligations and liabilities incurred or undertaken by Comcare under the PBR Act after this item commences.

Despite those amendments, that section, as in force immediately before the commencement of this item, continues to apply in relation to expenses, charges, obligations and liabilities incurred or undertaken by Comcare, after the commencement of this item, under the Parliamentary Entitlements Act 1990 (as it continues to apply as a result of this Schedule).

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:

the amendments or repeals made by this Act; or

the enactment of this Act or the PBR Act.

Regulations made for the purposes of this item may provide that, during or in relation to the first 12 months after the commencement of this item, this Act has effect with any modifications prescribed by the regulations.

Subsection 12(2) of the Legislation Act 2003 does not apply to regulations made for the purposes of subitem (2).

Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments.

This Act does not limit the regulations that may be made for the purposes of subitem (1).