Independent Parliamentary Expenses Authority Commencement Proclamation 2017

Overview

The Independent Parliamentary Expenses Authority Act 2017 was enacted by the Parliament of Australia to establish the Independent Parliamentary Expenses Authority (IPEA), which is tasked with ensuring the proper management and audit of parliamentary expenses. This Act addresses the need for greater transparency and accountability in the use of parliamentary expenses. The enactment of this legislation was intended to create an independent body to oversee the expenses of members of the Parliament, thereby enhancing public trust in the parliamentary system. The policy objective of the Act is to ensure that parliamentary expenses are managed effectively and transparently, with a focus on preventing misuse and promoting accountability. The authority to commence the Act was exercised by the Governor-General, the Honourable Sir Peter Cosgrove AK MC (Ret’d), on 1 July 2017, under the advice of the Federal Executive Council.

Scope and Application

The Independent Parliamentary Expenses Authority Commencement Proclamation 2017 sets the commencement date for the Independent Parliamentary Expenses Authority Act 2017, which applies to the regulation and management of expenses related to members of the Parliament of Australia. This Act applies to individuals such as Senators and Members of Parliament, as well as the entities and entities responsible for managing parliamentary expenses. The geographic scope of the Act is national, extending across the Commonwealth of Australia. The Act includes provisions for the establishment and operation of the Independent Parliamentary Expenses Authority, detailing its functions, powers, and responsibilities in overseeing parliamentary expenses. The Act generally applies to all parliamentary members and their expenses, but subordinate instruments may provide further clarification or detail on specific exclusions, exemptions, or thresholds that might apply in particular circumstances. The commencement date of 1 July 2017 ensures that the provisions of the Act are effective from that date, bringing the regulatory framework for parliamentary expenses under the purview of the newly established authority.

Key Provisions

The Independent Parliamentary Expenses Authority Commencement Proclamation 2017 (F2017N00036) specifies that sections 3 to 64 of the Independent Parliamentary Expenses Authority Act 2017 will commence on 1 July 2017. This commencement applies to the Act in general, and it was signed by the Honourable Sir Peter Cosgrove AK MC (Ret’d), the Governor-General of the Commonwealth of Australia, on 03 May 2017, acting on advice from the Federal Executive Council. This proclamation sets the operational framework for the Act, ensuring that the key provisions and sections are effective from the specified date. The Act, as detailed in sections 3 to 64, establishes the Independent Parliamentary Expenses Authority (IPEA) and outlines its functions, powers, and the manner in which it will operate. For instance, section 3 of the Act formally establishes the IPEA, while section 5 outlines the functions of the Authority, which include assessing and determining the eligibility of parliamentary expenses claims. Section 6 details the powers of the IPEA, empowering it to request information, conduct audits, and make determinations regarding parliamentary expenses. The obligations imposed by the Act on parties or entities include the requirement for members of Parliament and parliamentary staff to accurately declare and substantiate their expenses. Section 16, for example, mandates that members must provide all relevant information and documentation to support their claims. The IPEA is obligated to review these claims, ensuring compliance with the guidelines and regulations set out in the Act. Furthermore, the Authority must operate independently and impartially, as stated in section 21, which emphasises the need for the IPEA to be free from political influence. In terms of offences, penalties, or consequences for breach, the Act imposes both civil and criminal penalties. Section 56 outlines that knowingly making a false or misleading statement in an expenses claim is an offence, with potential penalties including fines up to $13,200 or imprisonment for up to two years, or both. Section 57 extends this to any person who aids, abets, counsels, or procures another to commit such an offence, imposing similar penalties. Additionally, section 61 provides that any person who provides false or misleading information to the IPEA is also subject to these penalties. These provisions underscore the seriousness with which the Act treats breaches of its requirements.