Parliamentary Business Resources Amendment (2019 Measures No. 1) Regulations 2019

Administered by Department of Finance

Legislation au F2019L00177 Regulations Not in force Legislative Instrument

Legislation content

Parliamentary Business Resources Amendment (2019 Measures No. 1) Regulations 2019

made under the

Parliamentary Business Resources Act 2017

Compilation No. 1

Compilation date:   3 April 2019

Registered:    11 April 2019

 

 

 

 

 

 

 

 

 

This compilation takes account of the disallowance of an amendment by the Senate on 3 April 2019 at 21:34

 

About this compilation

This compilation

This is a compilation of the Parliamentary Business Resources Amendment (2019 Measures No. 1) Regulations 2019 that shows the text of the law as amended and in force on 3 April 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Parliamentary Business Resources Regulations 2017

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Parliamentary Business Resources Amendment (2019 Measures No. 1) Regulations 2019.

2  Commencement

 (1) Each provision of this instrument 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.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

23 February 2019

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Parliamentary Business Resources Act 2017.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

 

Parliamentary Business Resources Regulations 2017

1  Section 4 (definition of Canberra daily allowance)

Repeal the definition.

2  Section 4 (definition of electorate)

Repeal the definition, substitute:

electorate:

 (a) in relation to a senator, means the State or Territory represented by the senator; or

 (b) when used in a geographical sense in relation to a member of the House of Representatives, means the area that constituted the member’s electorate at the end of the most recent election period.

3  Section 11

Repeal the section.

5  Paragraph 71(1)(a)

Repeal the paragraph, substitute:

 (a) a member of the House of Representatives has:

 (i) an electorate with an area of at least 5,000 km2; or

 (ii) both the approval of the Special Minister of State for the purposes of this subparagraph and an electorate with an area of at least 3,500 km2 but less than 5,000 km2; and

6  Paragraph 71(1)(b)

Omit “6 months”, substitute “3 months”.

7  After subsection 71(5) (before the note)

Insert:

 (6) This section does not apply in relation to more than one office leased by a particular member at any particular time.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Parliamentary Business Resources Amendment (2019 Measures No. 1) Regulations 2019

22 Feb 2019 (F2019L00177)

23 Feb 2019 (s 2(1) item 1)
Note: Sch 1 (item 4) was disallowed by the Senate on 3 Apr 2019 at 21:34

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule 1

 

item 4...................

disallowed

 

Overview

The Parliamentary Business Resources Amendment (2019 Measures No. 1) Regulations 2019 were enacted to amend existing regulations under the Parliamentary Business Resources Act 2017. This legislative instrument addresses issues related to the allocation and use of parliamentary resources, specifically focusing on adjustments to allowances and electorate definitions. The regulations were introduced by the Parliament of Australia to refine and update the administrative framework governing parliamentary allowances and the definition of electorate areas, thus ensuring that the parliamentary resources are allocated in a fair and efficient manner. The Regulations were registered on 22 February 2019 and commenced on 23 February 2019, with certain provisions taking effect from the registration date. Notably, one amendment was disallowed by the Senate on 3 April 2019, impacting the overall application of the Regulations.

Scope and Application

The Parliamentary Business Resources Amendment (2019 Measures No. 1) Regulations 2019 applies to amendments of the Parliamentary Business Resources Regulations 2017, which regulate the allocation and use of parliamentary business resources by members of the Australian Parliament. These Regulations were made under the Parliamentary Business Resources Act 2017 and came into effect on 23 February 2019, the day after registration. The regulations affect the definitions and operational provisions related to allowances and electorate sizes for members of the House of Representatives and senators. Notably, the regulations amend the definition of "electorate" and adjust the criteria for daily allowances based on electorate size, specifying that certain allowances do not apply to more than one office leased by a particular member at any particular time. One amendment to Schedule 1, item 4, was disallowed by the Senate on 3 April 2019. This disallowance means that the specified amendment is not part of the law and will not have any effect. The Regulations apply nationally, impacting all members of the Australian Parliament and their use of parliamentary resources.

Key Provisions

The Parliamentary Business Resources Amendment (2019 Measures No. 1) Regulations 2019, under the Parliamentary Business Resources Act 2017, primarily revises certain definitions and provisions in the Parliamentary Business Resources Regulations 2017. The regulations commence on 23 February 2019, the day after they are registered (section 2). Schedule 1 outlines several key amendments, including the repeal of certain definitions (such as that of Canberra daily allowance and electorate) and sections (section 11), as well as modifications to eligibility criteria for allowances (section 4 and paragraph 71(1)). The regulations impose specific obligations on parties governed by them, including the requirement for members of the House of Representatives to meet certain criteria to be eligible for allowances. For instance, a member must have an electorate with a specific area size or obtain approval from the Special Minister of State if their electorate is within a certain size range (paragraph 71(1)(a)). Additionally, the regulations specify that the allowance provisions do not apply to more than one office leased by a particular member at any given time (subsection 71(6)). Failure to comply with the regulations may result in civil or criminal consequences. The specific offences, penalties, or consequences are not detailed in the provided text, but under Australian law, breaches of regulations typically result in fines or other penalties as specified in the relevant legislation. The maximum penalties for breaches of regulations can vary, but they are often set out in the primary Act or the regulations themselves. In this case, the regulations do not explicitly state the penalties, but they are subject to the general provisions of the Parliamentary Business Resources Act 2017 and other applicable laws.

Legal classification tags

Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Commencement Provisions

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.