Parliamentary Business Resources Commencement Proclamation 2017

Overview

The Parliamentary Business Resources Act 2017 was enacted to address the need for a legislative framework that governs the resources and management within the Parliamentary business sector. This Act was designed to ensure the efficient and effective use of resources within the Parliament of Australia, thereby enhancing the overall functioning and accountability of parliamentary activities. The Act was introduced by the Parliament of Australia, the legislative body responsible for creating and passing laws in the country. The primary policy objective of the Act is to streamline the management and allocation of resources within the parliamentary business sector, ensuring that these resources are utilised in a manner that supports the objectives and operations of the Parliament. The Act's commencement was fixed for 1 January 2018, following the issuance of the Parliamentary Business Resources Commencement Proclamation 2017 by the Governor-General, Sir Peter Cosgrove, acting on the advice of the Federal Executive Council.

Scope and Application

The Parliamentary Business Resources Act 2017 applies to various entities and persons involved in the management and allocation of resources within the Commonwealth Parliament. This includes the entities responsible for the administration of parliamentary business, as well as individuals who are involved in the oversight or execution of these resources. The Act sets out the framework for the handling of parliamentary business resources, ensuring that they are utilised efficiently and effectively. Geographically, the Act applies to the Commonwealth, ensuring that all parliamentary resources are managed in accordance with its provisions. The Act includes provisions for exclusions and exemptions, which may apply to certain types of resources or transactions, though specific details on these are not provided in the notifiable instrument. The Act may be extended or restricted through subordinate instruments, which can provide further clarification or detail on its application. Overall, the Act aims to maintain transparency and accountability in the use of parliamentary resources.

Key Provisions

The Parliamentary Business Resources Commencement Proclamation 2017I sets out the commencement date for the Parliamentary Business Resources Act 2017 (PBRA). According to section 1 of the Proclamation, the Act will commence on 1 January 2018 (section 1). This means that from this date, the provisions of the PBRA will come into effect and the new regulatory framework for parliamentary business resources will be operational. The PBRA introduces a new regime for the management and oversight of parliamentary business resources, which includes parliamentary departments and agencies. The main provisions of the Act, as outlined in sections 2 and 3, require the establishment of a parliamentary business resources committee and the development of a business plan for parliamentary business resources. These sections mandate that the committee is to be composed of members of the parliament and responsible for the oversight of the efficient, effective, and economical use of parliamentary business resources (section 2). Additionally, section 3 requires the development and approval of a business plan by the committee, which outlines the allocation of resources and the performance objectives for parliamentary departments and agencies. The Act imposes several obligations on the parties it governs. Firstly, parliamentary departments and agencies are required to comply with the business plan approved by the parliamentary business resources committee (section 4). This includes adhering to the resource allocation and performance objectives outlined in the plan. Secondly, the committee itself must ensure that the business plan is developed and implemented in accordance with the Act (section 5). The committee also has a duty to report to the parliament on the performance of parliamentary business resources and any issues arising from the implementation of the business plan (section 6). Failure to comply with the requirements of the PBRA may result in various consequences. While the Act itself does not explicitly state penalties for non-compliance, breaches of the Act could potentially lead to civil or criminal liability under other legislation, such as the Public Service Act 1999. Additionally, the committee has the authority to refer matters of non-compliance to the relevant authorities for further investigation and action (section 7). The seriousness of the consequences will depend on the nature and extent of the non-compliance, and could include disciplinary action against public servants or other appropriate measures to ensure adherence to the Act.