Independent Parliamentary Expenses Authority (Scope of Functions) Rules 2026

EXPLANATORY STATEMENT

Issued by the authority of the Special Minister of State

Independent Parliamentary Expenses Authority Act 2017

Purpose

The purpose of the Independent Parliamentary Expenses Authority (Scope of Functions) Rules 2026 (Instrument) is to prescribe the resources that will be excluded from the administration, reporting and auditing functions of the Independent Parliamentary Expenses Authority (the Authority). That is, this Instrument principally sets out the resources and activities for which the Authority will not have responsibility from the commencement of this Instrument on 1 July 2026.
The Instrument specifies resources for the purposes of subparagraphs 12(1)(i)(i), 12(1A)(a)(v) and 12(1B)(a)(ii), and subsection 12(2A) of the Independent Parliamentary Expenses Authority Act 2017 (the Act) (as amended by Schedule 1 of the Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Act 2024 (Amendment Act)).
Details of the Instrument are set out at Attachment A.

Background

The Independent Review of the Parliamentary Business Resources Act 2017 and Independent Parliamentary Expenses Authority Act 2017 (the Review), conducted in late 2021, found that the legislative framework was broadly meeting its objectives, but identified areas for improvement. The Review made 30 recommendations, including to reporting and certification processes, improving service delivery and training, changes to the administration of public resources, and supporting a modern, diverse parliament. Recommendation 23 proposed the transfer of the administration of certain resources currently provided by the Department of Finance (Finance) under the Parliamentary Business Resources Act 2017 (PBR Act) to the Authority.
The Government announced its in-principle support for all of the Review’s recommendations when the report was tabled in the Parliament on 2 August 2022. The Government subsequently progressed the Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Bill 2024 to implement recommendations which required primary legislation change.
The Amendment Act, among other matters, provided for the transfer of the administration of certain PBR resources, including office expenses, from the Department of Finance to the Authority as a machinery of government change (MOG), implementing recommendation 23 of the Review (provided for in Schedule 1). Schedule 1 of the Amendment Act commences on 1 July 2026.
The combined effect of this Instrument and Schedule 1 of the Amendment Act is to determine the scope of the Authority’s functions, reflecting government policy in implementing recommendation 23 of the Review and Parliament’s intent (as outlined in the Revised Explanatory Memorandum to the Amendment Act).
Section 12 of the Act confers functions on the Authority in relation to resources provided to members, former members and the estates of former members under the PBR Act and the Parliamentary Retirement Travel Act 2002 (PRT Act), and to staff employed under the Members of Parliament (Staff) Act 1984 (MoP(S) Act). The Authority’s functions include:

administration of resources under the PBR Act (including, processing claims, paying or providing resources, providing for their management and disposal, monitoring, and providing personal and general advice)
giving rulings in relation to certain public resources which the Authority administers under the PBR Act
reporting and auditing resources under the PBR Act.

The PBR Act and the Act (as amended by Schedule 1 of the Amendment Act) enables the transfer of the administration of resources from Finance to the Authority. Collectively, amendments to those Acts provide that the Authority is responsible (by default) for the administration, reporting and auditing of all PBR Act resources except for resources that are expressly excluded. The defined terms Authority-administered MP resource (at subsection 12(1A) of the Act, referring to the Authority’s administration and ruling functions) or designated MP resource (at subsection 12(1B) of the Act, referring to the Authority’s reporting and auditing functions) are used to prescribe the resources that are within or outside the scope of the Authority’s respective functions.
For clarity, the Amendment Act does not transfer to the Authority the responsibility for legislative oversight and policy advice to Government in relation to the PBR Act or the Act.

Excluded resources

Some PBR Act resources which are provided by primary legislation are excluded from the Authority’s administrative, reporting or auditing functions by the Act itself (as amended by Schedule 1 of the Amendment Act). For example, the definition of Authority-administered MP resource excludes the following resources from the Authority’s administrative functions (subparagraphs 12(1A)(a)(i)-(ii) and (iv) of the Act (as amended by Schedule 1 of the Amendment Act) refer):

remuneration that is payable under subsection 14(1), (2) or (3) of the PBR Act (that is, base salary, office holder salary and electorate allowance payable to members)
a resource that is payable under the Parliamentary injury compensation scheme determined under subsection 41(1) of the PBR Act

a resource that is provided under a scheme mentioned in paragraph 42(2)(a) of the PBR Act (legal proceedings in which a current or former Minister of State is a party).

However, the vast majority of PBR Act resources are set out in subordinate legislation, including:

the Parliamentary Business Resources Regulations 2017 (PBR Regulations)
determinations made by the Prime Minister under section 16 of the PBR Act relating to resources for former Prime Ministers
determinations made by the Remuneration Tribunal under sections 45, 46 and 46A of the PBR Act relating to the remuneration of members, the rates of travel allowances for domestic travel, the allowances and expenses to be paid to former members, and the allowance payable to the estate of a person who dies while the person is a member.

The Act (as amended by Schedule 1 of the Amendment Act) provides for the Minister to make legislative rules to exclude resources from the Authority’s administration, reporting or auditing functions (subparagraphs 12(1A)(a)(v), 12(1B)(a)(ii) and 12(1)(i)(i) of the Act). This will also have the effect that the Authority will not be able to make a ruling in relation to the resources excluded from the definition of Authority-administered MP resources by this Instrument (see paragraph 12(1)(m) of the Act). This Instrument prescribes additional resources that will be excluded from the Authority’s purview, especially those which are set out in subordinate legislation described above. That is, in general, the resources prescribed by this Instrument will continue to be administered by Finance or another entity.
The Act (as amended by Schedule 1 of the Amendment Act) enables legislative rules to specify that only some of the Authority’s functions apply to a particular resource. For example, subsection 12(2A) of the Act allows the legislative rules for the purposes of the subsection to prescribe resources which are Authority-administered MP resources with the effect that the Authority’s function under paragraph 12(1)(k) of the Act will not apply to the prescribed resources. This allows the Instrument to provide that the Authority will not, on behalf of the Commonwealth, incur expenses in relation to, or pay or provide, a specified resource (paragraph 12(1)(k) of the Act), but the Authority will still have other administrative functions (such as providing personal advice and monitoring the use of resources) in relation to that specified resource.

Included resources

Subparagraph 12(1A)(a)(ii) of the Act provides that the Minister may make a legislative rule to include a resource which is payable under the Parliamentary injury compensation scheme determined under subsection 41(1) of the PBR Act to be within scope of the Authority’s administration functions.
However, this Instrument does not prescribe any resources for the purposes of this subparagraph. This means that the Authority will not be responsible for the administration of any element of the Parliamentary injury compensation scheme determined under subsection 41(1) of the PBR Act.

Authority

The Instrument will be a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act) and will be made for the purposes of subparagraphs 12(1)(i)(i), 12(1A)(a)(v), 12(1B)(a)(ii), and subsection 12(2A) of the Act (as amended by Schedule 1 of the Amendment Act).
In reliance on section 4 of the Acts Interpretation Act 1901, this Instrument is being made after the enactment of the Amendment Act, but before the commencement of the relevant authorising provisions of the Amendment Act.

Exemption from disallowance

This Instrument is exempt from disallowance. The Act provides that the requirements of the Legislation Act in relation to disallowance do not apply to this Instrument. This is further explained below.
Section 42 of the Legislation Act sets out the process for the disallowance of legislative instruments. Paragraph 44(2)(a) of the Legislation Act provides that an Act can declare that section 42 does not apply in relation to a legislative instrument or a particular provision of a legislative instrument.
Accordingly, subsection 12(5) of the Act (as amended by Schedule 1 of the Amendment Act) declares that section 42 of the Legislation Act does not apply to legislative rules, or a provision of legislative rules, made for the purposes of:
1. subparagraph 12(1)(i)(i) (audits relating to designated MP resources),
2. subparagraph 12(1A)(a)(ii) and (v) (definition of Authority-administered MP resource),
3. subparagraph 12(1B)(a)(ii) (definition of designated MP resource), and
4. subsection 12(2A) (the Authority not to provide certain Authority-administered MP resources).
Legislative rules made for the purposes of subparagraphs 12(1)(i)(i), 12(1A)(a)(v), and 12(1B)(a)(ii) and subsection 12(2A) of the Act (as amended by Schedule 1 of the Amendment Act) do not confer on the Authority the responsibility for administering, reporting or auditing PBR Act resources. Rather, these legislative rules carve out PBR Act resources administered by other entities from the Authority’s functions. If, contrary to subsection 12(5) of the Act, the legislative rules were able to be, and were in fact, disallowed, the Authority’s role as the default provider and administrator of PBR Act resources (as provided by Schedule 1 of the Amendment Act) would be engaged in such a way that the resources that the legislative rules would exclude from the Authority’s remit would not come into effect, and as a consequence, the Authority would be responsible for providing and administering those resources, including, for example, the provision of Commonwealth transport services, property management and information and communications technology equipment and services.
The exemption from disallowance means that the Parliament cannot prevent the exclusion of prescribed resources from the Authority’s functions. The exemption from disallowance is principally justified on the basis that disallowance of the legislative rules would have significant administrative impact on the Authority and on all entities who currently administer the resources that would not transfer to the Authority under the Amendment Act. This would have flow-on impacts for the provision of resources under the PBR Act to members of parliament.
Furthermore, the following legislative instruments under the PBR Act are already exempt from disallowance:
1. a determination made by the Minister under section 6 of the PBR Act, determining the activities that are or are not parliamentary business within the meaning of that Act. This legislative instrument provides the necessary flexibility to account for the changing and future nature and needs of members’ roles, and is not subject to disallowance in order to provide members with certainty about what activities are covered as parliamentary business at any particular time.

The legislative rules as set out in this Instrument will similarly provide the necessary flexibility to account for changing requirements to the administration, reporting and auditing of PBR Act resources in the future, and their exemption from disallowance will prevent confusion for administering entities and parliamentarians alike. This will mitigate against the risk of a particular resource being excluded from the Authority’s functions, but the Parliament subsequently disallowing the exclusion without appropriate time for the Authority to undertake the necessary preparatory steps for assuming administrative or other responsibilities for the resource.

a determination made by the Remuneration Tribunal under section 47 of the PBR Act, determining the remuneration, and the rates of domestic travel allowances for members, the allowances and expenses for former members, and the allowance payable to the estate of a person who dies while the person is a member. Legislative instruments made under section 47 of the PBR Act are not subject to disallowance to ensure that the Remuneration Tribunal maintains its independence in determining the remuneration of senators and members of the House of Representatives, and in acknowledgement that such matters should not be subject to the political process.

Commencement

This Instrument commences on the later of:

the day after this instrument is registered; and
the day Schedule 1 to the Amendment Act commences.

Consultation

The Authority, the Department of the Prime Minister and Cabinet, the Department of the Senate, the Department of the House of Representatives and the Department of Parliamentary Services were consulted in relation to the resources prescribed by this Instrument.
The Attorney-General’s Department was consulted in relation to the exemption of rules made under subparagraphs 12(1)(i)(i), 12(1A)(a)(ii) and (v), and 12(1B)(a)(ii), and subsection 12(2A) of the Act (as amended by Schedule 1 of the Amendment Act) from disallowance in the process of drafting the Amendment Act.

ATTACHMENT A

Details of the Independent Parliamentary Expenses Authority (Scope of Functions) Rules 2026

Part 1 - Preliminary

Section 1 – Name of instrument

This section provides that the title of the instrument is the Independent Parliamentary Expenses Authority (Scope of Functions) Rules 2026 (the Instrument).

Section 2 – Commencement

Section 2 of the Instrument provides that the entire instrument commences on the later of:

the day after this instrument is registered;
the day Schedule 1 to the Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Act 2024 (Amendment Act) commences.

Section 3 – Authority

This section provides that the Instrument is made under the Independent Parliamentary Expenses Authority Act 2017 (the Act).

Section 4 – Definitions

Section 4 provides definitions to support the operation of the Instrument.
The Note clarifies that a number of expressions used by the Instrument are already defined by the Act.
All other terms defined by section 4 other than COMCAR incorporate the definitions provided by the Parliamentary Business Resources Act 2017 (PBR Act) or the Parliamentary Business Resources Regulations 2017 (PBR Regulations).
Relevantly, section 4 of the Instrument defines COMCAR to mean the car-with-driver transport service known by that name, that is operated by the Commonwealth, aligning with the definition of COMCAR provided by the Parliamentary Business Resources (Commonwealth Transport) Determination 2017.

Part 2 – Scope of functions of the Authority

Overview of Sections 5 and 6

Sections 5 and 6 contain the substantive provisions of the Instrument, prescribing the resources that:

are not Authority-administered MP resources in relation to:

a member of the parliament (as defined by the Act) (subsection 5(1))
a former member of parliament or the estate of a person who dies while a member (subsection 5(2))
a former Prime Minister (subsections 5(3)-(5))

are Authority-administered MP resources but are not resources in relation to which the Authority incurs expenses, or which the Authority pays or provides (subsection 5(6))
are not designated MP resources (i.e. resources to which the Authority’s reporting function apply) (subsection 6(1))
are designated MP resources but to which the Authority’s audit function does not apply (subsection 6(2)).

Section 5 – Scope of functions of the Authority—Authority-administered MP resources

Subsection 5(1) – Resources that are not Authority-administered MP resources—members of parliament

Authority functions to which the term Authority-administered MP resources applies

The term Authority-administered MP resources is used by the Act to specify the scope of resources to which the following functions of the Authority apply (collectively referred to within this Explanatory Statement as the ‘Authority’s administrative functions’):

giving personal advice (subparagraph 12(1)(a)(i) of the Act)
issuing general advisory documents (subparagraph 12(1)(b)(i) of the Act) and publishing those documents on the Authority’s website (paragraph 12(1)(c) of the Act)
monitoring (paragraph 12(1)(d) of the Act)
processing claims (subparagraph 12(1)(j)(i) of the Act)
incurring expenses relating to the resources, paying or providing the resources (paragraph 12(1)(k) of the Act)
providing for the management and disposal of the resources (paragraph 12(1)(la))
recovering overpayments, repayments and cost recovery payments (paragraph 12(1)(o) of the Act).

In addition, the term Authority-administered MP resource is used in relation to the Authority’s function of giving rulings under section 37 of the PBR Act (paragraph 12(1)(m) of the Act refers). However, the scope of resources to which the Authority’s ruling function applies is limited by subsection 37(1A) of the PBR Act (as amended by Schedule 1 of the Amendment Act) to:

Authority-administered MP resources (as defined by the Act),
which are also public resources (as defined by the PBR Act), and
which are not excluded by the PBR Regulations.

That is, the PBR Regulations (and not legislative rules under the Act) may prescribe resources (that would otherwise be both an Authority-administered MP resource under the Act and a public resource under the PBR Act) to be excluded from the scope of the Authority’s ruling function.

This modified scope of the Authority’s ruling function is reflected in paragraph 12(1)(m) of the Act with the reference to “certain Authority-administered MP resources”.

Definition of Authority-administered MP resource

The definition at subsection 12(1A) of the Act provides that an Authority-administered MP resource is:

any resource (including an expense, allowance, goods, services, premises, equipment or other facility) that has been, or would be, paid or provided by the Commonwealth under Part 2, 3 or 5 of the PBR Act, other than:

(i) remuneration payable under subsection 14(1), (2) or (3) of the PBR Act; or

(ii) a resource payable under the Parliamentary injury compensation scheme determined under subsection 41(1) of the PBR Act, except if the resource is prescribed by the legislative rules for the purposes of this subparagraph; or

(iv) a resource provided under a scheme mentioned in paragraph 42(2)(a) of the PBR Act (legal proceedings in which a current or former Minister of State is a party); or

(v) a resource that is prescribed by the legislative rules for the purposes of subparagraph 12(1A) of the Act; or

a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002 (PRT Act).

Explanation of subsection 5(1): Resources that are not Authority‑administered MP resources—members of parliament

Subsection 5(1) of this Instrument prescribes the resources that are not Authority‑administered MP resources which have been, or would be, paid or provided by the Commonwealth to, or in relation to members of parliament, for the purposes of subparagraph 12(1A)(a)(v) of the Act.
None of the resources prescribed by subsection 5(1) of this Instrument were administered by the Authority prior to the commencement of Schedule 1 of the Amendment Act; and all resources prescribed by subsection 5(1) will continue to be provided by the existing administering entity.
Specifically, subsection 5(1) excludes the following resources from the Authority’s administrative functions:

private plated vehicles, and any costs associated with operating or maintaining private plated vehicles, that are provided as remuneration under section 14 of the PBR Act (see paragraph 14(4)(a) of that Act);

For clarity:

While the Authority would not be responsible for the administration of private plated vehicles, it would continue to be responsible for administering all travel expenses (under section 30 of the PBR Act), including those prescribed by subsections 8(3) and 26(2) of the PBR Regulations for travel by a private plated vehicle. The Authority would also continue to be responsible for providing advice relating to a private plated vehicle insofar as it impacts on a member’s eligibility to claim other travel expenses or allowances – see, for example, section 13 of the PBR Regulations.
A private plated vehicle, provided under s 14(4)(a) of the PBR Act, is a different resource to a Canberra-based self-drive vehicle and the associated expenses, prescribed by section 63A of the PBR Regulations and provided in accordance with a determination made under subsection 33(1) of the PBR Act. Paragraph 5(1)(a) of this Instrument does not prescribe a Canberra-based self-drive vehicle – the Authority’s administrative functions will therefore apply in relation to a Canberra-based self-drive vehicle and associated expenses.

allowances payable instead of providing private plated vehicles, being allowances provided as remuneration under section 14 of the PBR Act (see paragraph 14(4)(b) of that Act);

Consistent with existing practice, the Authority will not administer vehicle allowances, which are an element of remuneration of members of parliament.

allowances or expenses payable in relation to internet or telephone services provided to private residences, being allowances or expenses provided as remuneration under section 14 of the PBR Act (see paragraph 14(4)(c) of that Act);
photographic services prescribed by section 69 of the PBR Regulations;
flags and certificates prescribed by section 70 of the PBR Regulations;
Commonwealth transport provided in accordance with a Commonwealth transport determination made under subsection 33(1) of the PBR Act;

Commonwealth transport is defined by section 4 of the PBR Regulations to mean ‘a transport service operated by the Commonwealth’. There are currently two forms of Commonwealth transport: COMCAR and Special Purpose Aircraft (SPA). As noted above, COMCAR is defined by section 4 of the Instrument to mean “the car-with-driver transport service, known by that name, that is operated by the Commonwealth”.

The PBR Act distinguishes between:

the Commonwealth transport services (which are provided under s 33(1) of the PBR Act) – these services include the provision of pilots, aircraft and hangars, in the case of SPA; and drivers, vehicles and depots, in the case of COMCAR; and
the transport costs for a parliamentarian to travel by those transport services (these costs, being provided under s 30 of the PBR Act) – this refers to the cost for the individual journeys by either COMCAR or SPA.

Paragraph 5(1)(f) of this Instrument reflects long-standing arrangements, and provides that the Authority will not have any administrative functions in relation to the SPA or COMCAR transport services. The Department of Defence will continue to be responsible for the SPA transport service, and the Department of Finance will continue to be responsible for providing the COMCAR transport service.

Refer to subsection 5(6) below in relation to a limited exclusion from the Authority’s administrative functions in relation to the transport costs for travel by COMCAR.

offices, and temporary office accommodation and facilities, that are prescribed by section 72 or 73 of the PBR Regulations and provided in accordance with a determination made under subsection 33(1) of the PBR Act;

The Authority would not be responsible for providing or otherwise administering any of the following offices provided to members of parliament:

one or more offices (electorate offices) for a member in the member’s electorate (subsection 72(1), PBR Regulations)
temporary office accommodation and facilities in capital cities (subsection 72(2), PBR Regulations) – that is, visiting suites and facilities at the Commonwealth Parliament Offices
an office or offices for a Minister (other than a Parliamentary Secretary) (subsection 73(1), PBR Regulations)
an additional office for each of the following members:
- a presiding officer;
- a senior office holder who is a member of the Opposition (as per the PBR Regulations);
- the leader of a minority party

(subsection 73(2), PBR Regulations).

See also paragraph 5(1)(j) below regarding offices that are provided under an exceptional circumstances determination, and paragraph 5(3)(d) below regarding a similar exclusion from the Authority’s administrative responsibilities in respect of offices for former Prime Ministers.

public resources that are prescribed by section 74 of the PBR Regulations (which deals with resources for offices) and provided in accordance with a determination made under subsection 33(1) of the PBR Act;

Section 74 of the PBR Regulations prescribes “the public resources reasonably required for the conduct of a member’s parliamentary business in offices provided by the Commonwealth”. This entails resources to fit-out, equip and furnish, or refurbish the offices provided under sections 72 and 73 of the PBR Regulations, as well as operating costs, such as utilities, and expenses for maintenance and repairs.

Public resources prescribed by section 74 of the PBR Regulations may also be provided in respect of an office provided under subsection 33(2) of the PBR Act (an exceptional circumstances determination) – for example, an office in lieu of an electorate office due to a redistribution of electorate boundaries (see explanation at paragraph 5(1)(j) below).

The types of resources which the Instrument specifies in subsection 5(5) (refer also to paragraph 5(4)(a) and 5(4)(d) of the Instrument), when provided to a member of parliament, are principally provided as a resource prescribed by section 74 of the PBR Regulations. Paragraph 5(1)(h) provides that these types of resources when provided to a parliamentarian are not Authority-administered MP resources, and consequently, the Authority will not have responsibility for administering them.

resources relating to information and communications technology, or photography, if the resources are prescribed by section 75 of the PBR Regulations (which deals with resources during election periods) and provided in accordance with a determination made under subsection 33(1) of the PBR Act;

It is intended that “information and communications technology” would have its ordinary meaning – that is, that it would cover the technological tools and resources used to store or create information, or to transmit, share or exchange information between places. Information and communications technology would typically involve the use of a computer or other connected device. This could include, for example, a microphone connected to a device for conducting online meetings. However, the term is not intended to refer to communications equipment or resources of a more general nature or within a location – for example, a microphone used to amplify sound within a room.

offices that are provided in accordance with a determination made under subsection 33(2) of the PBR Act;

An office may be provided under a determination per subsection 33(2) of the PBR Act in exceptional circumstances. For example, a redistribution of electorate boundaries has from time to time occasioned an office which was previously provided to a member as an electorate office (defined by subsection 72(1) of the PBR Regulations to mean an office “in the member’s electorate”) becoming located outside the new electorate boundaries, and therefore, no longer an electorate office. In such circumstances and where there is no immediate alternative office within the electorate, the Minister has historically determined the ongoing provision of the office, now located outside the electorate, under subsection 33(2) of the PBR Act (an exceptional circumstances determination) in lieu of the provision of an electorate office while a search for a suitable tenancy within the member’s electorate is undertaken.

insurance provided under section 78 of the PBR Regulations;
resources provided under section 79 of the PBR Regulations in relation to insuring personal effects at official residences for the Prime Minister;
Commonwealth transport provided under section 94A of the PBR Regulations.

Consistent with long-standing practice, the Authority will not have any administrative functions in relation to Commonwealth transport provided for security purposes under section 94A of the PBR Regulations (that is, it will not provide advice, pay for, provide or give rulings in relation to the use of Commonwealth transport for security purposes).

The reference to “to, or in relation to” members of parliament in the chapeau is intended to capture the situation where resources are provided, on the parliamentarian’s behalf, to another person, such as the spouse or dependent children of the member of parliament or persons employed under the Members of Parliament (Staff) Act 1984.

Subsection 5(2) – Resources that are not Authority-administered MP resources – former members of parliament and estates

Subsection 5(2) prescribes the resources that are not Authority-administered MP resources to a former member of parliament or the estate of a person who dies while a member, for the purposes of subparagraph 12(1A)(a)(v) of the Act.
None of the resources prescribed by subsection 5(2) of this Instrument were administered by the Authority prior to the commencement of Schedule 1 of the Amendment Act; and all resources prescribed by subsection 5(2) will continue to be provided by the existing administering entity.
Specifically, the subsection prescribes allowances that have been, or would be, paid to former members of parliament under subsection 15(1) of the PBR Act and to the estates of persons who die while a member of parliament under subsection 15(2) of the PBR Act.
For clarity, the Authority would continue to be responsible for all expenses of former members of parliament that have been, or would be, paid under subsection 15(1) of the PBR Act.

Subsections 5(3)-(5) – Resources that are not Authority-administered MP resources – former Prime Ministers

Overview

It is intended that the administration of resources for former Prime Ministers would be consistent with the administration of similar types of resources provided to members of parliament. For example, just as the Authority will be responsible for administering office stationery and printing for a member of the Parliament, it will likewise be responsible for administering these types of resources for a former Prime Minister. Similarly, as the Authority will not be responsible for providing or otherwise administering electorate offices to members of parliament, it will also not be responsible for providing or otherwise administering an office provided to a former Prime Minister for the conduct of a former Prime Minister’s business as a former Prime Minister.
Minor differences exist in the determination of resources for different former Prime Ministers. Consequently, the structure and form of subsections 5(3) – 5(5) differ from subsection 5(1). Subsections 5(3) – 5(5) of this Instrument are intended to provide consistency to the administration of resources for former Prime Ministers (both consistent between former Prime Ministers and consistent with the administrative arrangements in relation to members of parliament):

Subsection 5(3) provides general exclusion rules: that is, it prescribes the resources determined for former Prime Ministers that are not Authority-administered MP resources, and which the Authority will therefore not be responsible for administering (subject to subsection 5(4)).
Subsection 5(4) supersedes the general exclusion rules of subsection 5(3), the effect of which is to prescribe the types of resources provided to former Prime Ministers which the Authority will be responsible for administering. However, the types of resources prescribed by paragraphs 5(4)(a) and 5(4)(d) do not include the resources specified by subsection 5(5). This means that the Authority will not be responsible for administering the resources listed in subsection 5(5).

None of the resources prescribed by subsections 5(3) or 5(5) of this Instrument were administered by the Authority prior to the commencement of Schedule 1 of the Amendment Act; and all resources prescribed by subsections 5(3) and 5(5) will continue to be provided by the existing administering entity.

Subsection 5(3)

Subsection 5(3) prescribes the resources that are not Authority-administered MP resources which have been, or would be, paid or provided by the Commonwealth to, or in relation to, former Prime Ministers for the purposes of subparagraph 12(1A)(a)(v) of the Act (subject to subsection 5(4) of this Instrument).
Specifically, subsection 5(3) excludes the following resources for former Prime Ministers from the Authority’s administrative functions:

private plated vehicles, and any costs associated with operating or maintaining private plated vehicles;
allowances payable instead of being provided with private plated vehicles;
goods, services, equipment and expenses relating to telephones, the internet or other means of communication;

For example, the Authority would not have any functions in relation to the following resources provided under a determination under subsection 16(1) of the PBR Act: telephone and internet services at a former Prime Minister’s residence or office provided for the former Prime Minister’s business as a former Prime Minister, mobile phones or SIM cards.

Regarding the provision of an office for the former Prime Minister’s business as a former Prime Minister, see paragraph 5(3)(d), below.

offices provided to former Prime Ministers, and other resources provided for the conduct in those offices of a former Prime Minister’s business as a former Prime Minister;

An office for a former Prime Minister and resources for that office are provided under a determination under subsection 16(1) of the PBR Act for the purpose of a former Prime Minister’s business as a former Prime Minister – that is, for the business arising from the person’s role and duties as a former Prime Minister. The office and resources are not provided for a former Prime Minister’s personal or commercial use.

Subject to the resources prescribed by subsection 5(4), the Authority would not have any functions in relation to a former Prime Minister’s office, the resources provided to fit-out, equip and furnish, or refurbish the office, or resources for operational expenses, such as utilities or expenses for maintenance and repairs.

goods, services, equipment and expenses relating to information and communications technology;

Refer to explanation of paragraph 5(1)(i) of the Instrument, above, in relation to the intended scope of “information and communications technology”.

The Authority would not have any functions in relation to information and communications technology that is not excluded by paragraph 5(3)(c) and 5(3)(d) above, except such information and communications technology that is prescribed by subsection 5(4), below.

access to Commonwealth Parliament Offices, and resources connected with the provision of such access;
close protection, and guarding of residences of former Prime Ministers, by the Australian Federal Police;
security assessments, enhancements and arrangements at residences or offices of former Prime Ministers.

For clarity, the determination currently in force under subsection 16(1) of the PBR Act references the following resources which do not fall within the meaning of “a resource that has been, or would be, paid or provided by the Commonwealth under Part 2, 3 or 5 of the Parliamentary Business Resources Act 2017” and are therefore not provided under section 16 of the PBR Act:

staff and staff travel expenses and allowances. These staff and resources for staff are provided under the MoP(S) Act, not the PBR Act.
Parliamentary Retirement Travel. This is provided under the PRT Act, not the PBR Act. However, the Authority would continue to be responsible for providing these resources, as provided under the definition of Authority-administered MP resources in subsection 12(1A) of the Act.

Subsection 5(4)

Subsection 5(4) provides that subsection 5(3) does not apply in relation to any of the resources, or in relation to the costs of any of the resources, prescribed by subsection 5(4).
That is, subsection 5(4) would have the effect of prescribing the resources which the Authority will be responsible for administering in relation to a former Prime Minister, superseding the general exclusion rules in subsection 5(3) of the Instrument to the extent of any inconsistency.
Specifically, subsection 5(4) prescribes the costs of any of the following:

office stationery and supplies (other than supplies specified by subsection 5(5));
printing;
postage;
minor office equipment (other than equipment specified by subsection 5(5)), along with accessories, consumables, repairs and maintenance relating to that minor office equipment;
software other than software provided by the Department of Parliamentary Services;
publications (whether printed or electronic);
incidental fees and charges (such as transaction, administration and delivery fees or charges) associated with the provision, or cost of, a resource covered by another paragraph of this subsection.

The Note under the subsection clarifies that if a resource covered by a paragraph of subsection 5(4) of the Instrument has been, or would be, paid by the Commonwealth to, or in relation to, a former Prime Minister under Part 2 the PBR Act, then that resource or cost remains an Authority‑administered MP resource.

Subsection 5(5)

Subsection 5(5) provides that the following supplies and equipment are specified for the purposes of paragraphs 5(4)(a) and 5(4)(d) of the Instrument:

first aid kits and supplies;
work health and safety equipment and supplies – for example, hard hats, safety vests, ergonomic equipment;
bathroom supplies – for example, toilet paper, paper hand towels, hand soap;
cleaning supplies;
equipment relating to information and communications technology.

Subsection 5(5) covers classes of resources which may otherwise fall within the meaning of ‘supplies’ or ‘minor office equipment’, as prescribed by paragraphs 5(4)(a) and 5(4)(d) of this Instrument, but which will not be Authority-administered MP resources. These resources are provided for the conduct of a former Prime Minister’s business as a former Prime Minister in their former Prime Minister office (refer in particular to paragraphs 5(3)(c) to 5(3)(e) of the Instrument). In relation to a member of parliament, these are types of resources which the Authority will not administer since they are provided either as a resource prescribed by section 74 of the PBR Regulations (refer paragraph 5(1)(h) of this Instrument) or under the Parliamentary injury compensation scheme (refer subparagraph 12(1A)(a)(ii) of the IPEA Act). Subsection 5(5) ensures that the administrative arrangements that apply to former Prime Ministers reflect those for current parliamentarians – consequently, the Authority will not administer these types of resources for former Prime Ministers.

Subsection 5(6) – Authority’s functions do not include incurring expenses relating to, or paying or providing, certain Authority administered MP resources

Subsection 12(2A) of the Act allows the legislative rules for the purposes of the subsection to prescribe resources which are Authority-administered MP resources with the effect that the Authority’s function under paragraph 12(1)(k) of the Act does not apply to the prescribed resources – ie, the Authority’s function of incurring expenses, paying or providing resources on behalf of the Commonwealth.
However, the Authority’s other administrative functions, such as providing personal advice, would continue to apply with respect to the resources prescribed by the legislative rules for the purposes of subsection 12(2A) of the Act. This is reflected in the Note under the subsection.
Subsection 5(6) prescribes the following Authority‑administered MP resources for the purposes of subsection 12(2A) of the Act:

travel expenses of a member of parliament, payable under section 30 of the PBR Act, that are transport costs for travel (whether by a member of parliament or by another person) by COMCAR;

Refer to paragraph 5(1)(f) of this Instrument in relation to the meaning of Commonwealth transport and the distinction between Commonwealth transport services provided under subsection 33(1) of the PBR Act and transport costs for a parliamentarian to travel by those transport services under section 30 of the PBR Act.

Paragraph 5(6)(a) of the Instrument provides that the Authority will not be responsible for incurring expenses in relation to, or paying for or providing, the transport costs, whether by a member of parliament or another person, to travel by COMCAR. These transport costs would continue to be incurred, paid and provided by the Department of Finance in the course of providing the COMCAR transport service, consistent with long-standing practice.

However, the Authority’s other administrative functions, including providing personal advice on, and monitoring the use of (ie, keeping, or checking, records of an individual member of parliament’s access to resources to advise, or produce reports, on relevant budgets or caps), these transport costs will continue to apply, consistent with practice since the Authority was established.

For clarity:

The effect of prescribing transport costs for travel by COMCAR would also mean that the Authority’s function to recover (whether by way of set‑off or otherwise) overpayments, repayments and cost recovery payments relating to transport costs for travel by COMCAR would not apply since the Authority would not be the resources provider (as defined under the PBR Act) in relation to these resources. That is, should a member of parliament become liable for a debt in relation to transport costs for travel by COMCAR, the Authority would not be responsible for recovering the cost for these Authority-administered MP resources since paragraph 38(5)(b) and subparagraph 57(3)(c)(ii) of the PBR Act provide that it is the resources provider who provided the resources that may recover the amount of the payment.
The ‘travel expenses of a member’ (per section 30 of the PBR Act) which are prescribed by the PBR Regulations includes transport costs for travel by a member of parliament (see subsection 8(2) of the PBR Regulations) and by certain other people (refer, for example, sections 21, 22, 23, 24, 25 of the PBR Regulations) to travel by COMCAR within Australia. By implication, the transport costs for other people to travel by COMCAR are also the ‘travel expenses of a member’ for the purposes of section 30 of the PBR Act. On this basis, the intention of paragraph 5(6)(a) of this Instrument is to cover any transport costs for travel by COMCAR that are prescribed in relation to a member of parliament for the purposes of section 30 of the PBR Act, whether that is for travel by a member or by other persons. However, paragraph 5(6)(a) of this Instrument would not cover any transport expenses prescribed for the purposes of section 30 of the PBR Act that are not transport costs for travel by COMCAR.

Refer to paragraph 5(6)(b) for a similar provision in relation to former Prime Ministers; and paragraph 5(6)(c) for a related provision in relation to cancelled travel expenses for travel by COMCAR.

transport costs for travel by COMCAR that are payable in accordance with a determination made under section 16 of the PBR Act (which deals with resources for former Prime Ministers and certain others);

Paragraph 5(6)(b) clarifies that the Authority will not be responsible for incurring expenses in relation to, or paying for or providing, the transport costs for a former Prime Minister or others to travel by COMCAR under a determination under section 16 of the PBR Act. This is similar to paragraph 5(6)(a) above, except that it applies in relation to a former Prime Minister (rather than a member of parliament).

As with the resources prescribed by paragraph 5(6)(a), the Authority’s other administrative functions, such as providing personal advice to former Prime Ministers will continue to apply in relation to the resources prescribed by paragraph 5(6)(b). This is consistent with practice since the Authority was established.

expenses prescribed by section 65 of the PBR Regulations for cancelling travel arrangements that relate to travel by COMCAR.

The Authority will continue to provide advice on cancellation of travel by COMCAR in relation to all members of parliament, but will not be responsible for incurring expenses in relation to, or paying for or providing, COMCAR cancellation fees. These fees would continue to be incurred, paid and provided by the Department of Finance in the course of providing the COMCAR transport service, consistent with long-standing practice.

Section 6 – Scope of functions of the Authority—designated MP resources

Subsection 6(1) – Resources that are not designated MP resources

Authority functions to which the term designated MP resources applies

The term designated MP resources is principally used by the Act to specify the scope of resources to which the Authority’s reporting functions apply, as follows:

preparing regular reports (subparagraph 12(1)(e)(i)) and publishing those reports on the Authority’s website (paragraph 12(1)(f) of the Act)
preparing other such reports as the Authority considers appropriate (paragraph 12(1)(g)) and publishing those reports on the Authority’s website (paragraph 12(1)(h) of the Act).

A modification to designated MP resources at subparagraph 12(1)(i)(i) is used to limit the scope of the Authority’s function of conducting, or arranging for the conduct of, such audits as the Authority considers appropriate (see subsection 6(2), below).

Definition of designated MP resource

The definition at subsection 12(1B) of the Act provides that a designated MP resource is:

any resource (including an expense, allowance, goods, services, premises, equipment or other facility) that has been paid or provided by the Commonwealth under Part 2 or 3 of the PBR Act, other than:

(i) remuneration that is payable under subsection 14(1), (2) or (3) of the PBR Act; or

(ii) a resource that is prescribed by the legislative rules for the purposes of subparagraph 12(1B) of the Act; or

(iii) a Parliamentary Retirement Travel Entitlement under the PRT Act.

The definition of designated MP resource at subsection 12(1B) of the Act provides that the Authority would report on the following components of the remuneration of members of parliament unless those resources were prescribed by the legislative rules for the purposes of subparagraph 12(1B)(a)(ii) of the Act:

private plated vehicles provided to members of parliament (see paragraph 14(4)(a) of the PBR Act), including any expenses associated with operating or maintaining private plated vehicles
allowances paid to a member of parliament instead of being provided with a private plated vehicle (see paragraph 14(4)(b) of the PBR Act)
allowances or expenses paid in relation to internet or telephone services provided to the private residences of members of parliament (see paragraph 14(4)(c) of the PBR Act).

Explanation of subsection 6(1)

Subsection 6(1) prescribes the resources that are not designated MP resources which have been paid or provided to a member of parliament, for the purposes of subparagraph 12(1B)(a)(ii) of the Act. That is, subsection 6(1) excludes the following resources from the Authority’s reporting functions and, consequently, its auditing functions:

allowances paid instead of providing private plated vehicles, being allowances provided as remuneration under section 14 of the PBR Act (see paragraph 14(4)(b) of that Act);

Consistent with existing practice, the Authority will not report on vehicle allowances, which are an element of remuneration of members of parliament.

Commonwealth transport provided in accordance with a Commonwealth transport determination made under subsection 33(1) of the PBR Act.

Consistent with existing practice, the Authority will not report on the Commonwealth transport services, COMCAR and SPA. However, for clarity, the Authority will continue to be responsible for reporting the transport costs for members of parliament to travel by COMCAR and SPA.

Subsection 6(2) – Designated MP resources to which the Authority’s audit function does not apply

As noted above, the term designated MP resource principally refers to a resource on which the Authority would report. The modification at subparagraph 12(1)(i)(i) of the Act, “other than resources prescribed by the legislative rules for the purposes of [subparagraph 12(1)(i)(i)]”, allows for the scope of resources which the Authority audits to be narrower than those on which it reports. That is, the Authority’s audit function applies to all designated MP resources, unless the resource is prescribed for the purpose of subparagraph 12(1)(i)(i) of the Act.
Subsection 6(2) prescribes the designated MP resources to which the Authority’s audit function does not apply, for the purposes of subparagraph 12(1)(i)(i) of the Act, specifically:

private plated vehicles provided to members of parliament, and any costs associated with operating or maintaining those vehicles, being vehicles and costs provided as remuneration under section 14 of the PBR Act (see paragraph 14(4)(a) of the PBR Act);
allowances or expenses paid in relation to internet or telephone services provided to private residences of members of parliament, being allowances or expenses provided as remuneration under section 14 of the PBR Act (see paragraph 14(4)(c) of the PBR Act).

While the Authority will report on these resources, in accordance with subsection 6(1) (and reflected in the Note under subsection 6(2) of the instrument), these resources will not be subject to audit by the Authority, consistent with other components of the remuneration of members of parliament and long-standing practice.

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