Parliamentary Business Resources (Commonwealth Parliament Offices) Amending Determination 2023
I, Don Farrell, Special Minister of State, make this determination under subsection 33(1) of the Parliamentary Business Resources Act 2017.
Dated 29 November 2023
Don Farrell
Special Minister of State
Contents
1 Name
2 Commencement
3 Authority
4 Schedule
- Name
This determination is the Parliamentary Business Resources (Commonwealth Parliament Offices) Amending Determination 2023.
- Commencement
This determination commences on the earlier of the following:
- at the end of the last day on which the Commonwealth holds a lease at Exchange Tower, 2 The Esplanade, Perth, Western Australia; or
- a date determined by the Minister.
Note: A determination made under paragraph (b) is a notifiable instrument (see paragraph 11(2)(a) of the Legislation Act 2003).
- Authority
This determination is made under subsection 33(1) of the Parliamentary Business Resources Act 2017.
- Schedule
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 (Commonwealth Parliament Offices) Determination (No. 1) 2019
1 Section 4
Repeal the definition of Commonwealth Parliament Office, substitute:
Commonwealth Parliament Office (CPO) means any of the following office spaces that the Commonwealth, as represented by Ministerial and Parliamentary Services, leases for certain purposes, including to provide permanent and temporary office accommodation to members:
- 1 Bligh Street, Sydney, New South Wales;
- NT House, 22 Mitchell Street, Darwin, Northern Territory;
- Waterfront Place, 1 Eagle Street, Brisbane, Queensland;
- 100 King William Street, Adelaide, South Australia;
- 188 Collins Street, Hobart, Tasmania;
- 4 Treasury Place, East Melbourne, Victoria; and
- 1 The Esplanade, Elizabeth Quay, Perth, Western Australia,
and includes any spaces that may be used by the Commonwealth in providing or administering public resources under the relevant lease.
Overview
The Parliamentary Business Resources (Commonwealth Parliament Offices) Amending Determination 2023, introduced by Don Farrell, the Special Minister of State, was enacted under the authority of subsection 33(1) of the Parliamentary Business Resources Act 2017. This legislation aims to update the definition of Commonwealth Parliament Office (CPO) within the existing Parliamentary Business Resources (Commonwealth Parliament Offices) Determination (No. 1) 2019. By amending the definition, the determination ensures clarity and comprehensiveness regarding the specific locations of CPOs across Australia, including Sydney, Darwin, Brisbane, Adelaide, Hobart, East Melbourne, and Perth. This amendment is crucial to maintain the functionality and administration of these offices, which are vital for providing office accommodation to members and facilitating the delivery of public resources.
The determination also addresses the timing of its commencement, which is set to occur on the earlier of the expiration of the Commonwealth's lease at Exchange Tower in Perth or a date specified by the Minister. This flexibility allows for adjustments based on the actual lease expiry, ensuring a smooth transition and continuity of services. The determination highlights the importance of timely updates to legislative definitions to accommodate changes in operational needs and locations.
Scope and Application
The Parliamentary Business Resources (Commonwealth Parliament Offices) Amending Determination 2023I, made by Don Farrell, the Special Minister of State, amends the Parliamentary Business Resources (Commonwealth Parliament Offices) Determination (No. 1) 2019. This determination applies to the offices leased by the Commonwealth for certain purposes, including to provide permanent and temporary office accommodation to members, located in various cities across Australia. The amendment redefines the term "Commonwealth Parliament Office" to encompass specific office spaces in Sydney, Darwin, Brisbane, Adelaide, Hobart, East Melbourne, and Perth, including any spaces that may be used by the Commonwealth in providing or administering public resources under the relevant lease. This determination is a notifiable instrument and its application extends across the Commonwealth, impacting the management and administration of parliamentary offices across different states and territories. The determination also repeals the previous definition of "Commonwealth Parliament Office" and incorporates new definitions and locations.
The determination is made under subsection 33(1) of the Parliamentary Business Resources Act 2017, and its effect is to amend the specified instruments as outlined in the Schedule. The commencement of this determination is set for the earlier of the end of the last day on which the Commonwealth holds a lease at Exchange Tower, Perth, or a date determined by the Minister. Notably, any determination made under this authority is considered a notifiable instrument as per the Legislation Act 2003. The scope and application of this determination are pivotal in shaping the administrative framework for Commonwealth Parliament Offices in Australia, ensuring a cohesive and updated legal basis for their operation.
Key Provisions
The Parliamentary Business Resources (Commonwealth Parliament Offices) Amending Determination 2023 (sections 1-4) specifies changes to the existing Parliamentary Business Resources (Commonwealth Parliament Offices) Determination 2019. The key change (Schedule 1, item 1) is the amendment of the definition of 'Commonwealth Parliament Office' to include specific office locations across Australia and any spaces that may be used by the Commonwealth under the relevant lease. This determination aims to clarify and update the definition of Commonwealth Parliament Office to ensure it accurately reflects the current office locations and their use by the Commonwealth.
The determination imposes obligations on the parties governed by it, primarily Ministerial and Parliamentary Services, to ensure compliance with the updated definition of Commonwealth Parliament Office. This includes ensuring that any lease or use of office spaces adheres to the criteria set out in the amended definition. The Minister has the authority to determine the commencement date of this determination, which will be the earlier of the end of the lease at Exchange Tower, 2 The Esplanade, Perth, Western Australia, or a date specified by the Minister.
There are no explicit offences, penalties, or consequences for breach outlined in this determination. However, failure to comply with the updated definition of Commonwealth Parliament Office could potentially lead to legal or administrative consequences, depending on the specific circumstances and the applicable laws governing the leases and use of these office spaces. It is important for all parties involved to ensure that their actions align with the provisions of this amending determination to avoid any potential issues.