EXPLANATORY STATEMENT
Issued by the authority of the Prime Minister
Parliamentary Business Resources Act 2017
Parliamentary Business Resources (Former Prime Ministers)
Amendment Determination 2018
The Parliamentary Business Resources Act 2017 (the Act) and the Parliamentary Business Resources Regulations 2017 (the Regulations) establish a framework for providing resources to parliamentarians in respect of their parliamentary business. Certain provisions of the Act and Regulations apply to the provision of resources to former Prime Ministers.
The Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018 (amendment determination) is made under section 16 of the Act. Section 16 of the Act enables the current Prime Minister to determine, in writing, that former Prime Ministers are to be provided with any goods, services, premises, equipment or any other facility from time to time. The Prime Minister may impose one or more limits or other conditions on the resources provided to a particular former Prime Minister, a class or former Prime Ministers generally.
The amendment determination amends the Parliamentary Business Resources (Former Prime Ministers) Determination 2017 to include a Schedule to support the provision of goods, services, premises, equipment or any other facility from time to time for the former Prime Minister, the Hon Malcolm Bligh Turnbull. The resources provided under this amendment determination are in addition to the entitlements and resources provided to the former Prime Minister under other enactments, such as the Parliamentary Retirement Travel Act 2002, the Parliamentary Contributory Superannuation Act 1948 or the Parliamentary Superannuation Act 2004.
Details of the amendment determination are set out in Attachment A.
The Act specifies no conditions that need to be satisfied before the power to make the amendment determination may be exercised. The Prime Minister consulted with the former Prime Minister prior to finalising the amendment determination. Resources provided to former Prime Ministers are entirely at the discretion of the Prime Minister.
The amendment determination is a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act). However, subsection 16(3) of the Act provides that this determination is not subject to disallowance under section 42 of the Legislation Act.
The amendment determination commences the day after it is registered.
Attachment A
Details of the Parliamentary Business Resources (Former Prime Minister) Amendment Determination 2018
Section 1 – Name
This section provides that the name of the instrument is the Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018.
Section 2 – Commencement
This section provides that the instrument commences on the day after registration.
Section 3 – Authority
This section provides that the making of the instrument is authorised by section 16 of the Parliamentary Business Resources Act 2017.
Section 4 – Schedule
Section 4 provides that the instrument set out in the Schedule is amended in accordance with the Schedule.
Schedule 1—Amendments
Schedule 1 provides that the Parliamentary Business Resources (Former Prime Ministers) Determination 2017 be amended.
Item 1 of the instrument adds paragraph 5(1)(g) to the Parliamentary Business Resources (Former Prime Ministers) Determination 2017 to provide for resources to be provided to the Hon Malcolm Bligh Turnbull, subject to any condition, as specified in the new Schedule ‘Schedule—The Hon Malcolm Bligh Turnbull’.
Schedule—The Hon Malcolm Bligh Turnbull
This Schedule specifies the resources, subject to any condition, to be provided to the Hon Malcolm Bligh Turnbull as a former Prime Minister.
Overview
The Parliamentary Business Resources Act 2017 was enacted to establish a framework for providing resources to parliamentarians for their parliamentary business, with certain provisions extending to former Prime Ministers. This Act aims to ensure that former Prime Ministers have access to necessary resources to fulfil their post-office duties and obligations. The Act was enacted by the Parliament of Australia, reflecting the policy objective of maintaining continuity and support for former Prime Ministers in their transition from office. The Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018 was subsequently introduced to further refine the resources provided to former Prime Ministers, specifically addressing the needs of the Hon Malcolm Bligh Turnbull. This amendment determination is made under the authority of the current Prime Minister and is not subject to disallowance, emphasising the discretionary nature of these provisions.
Scope and Application
The Parliamentary Business Resources Act 2017, supplemented by the Parliamentary Business Resources Regulations 2017, establishes a framework for providing resources to parliamentarians for their parliamentary duties. Certain provisions of these enactments apply to the provision of resources to former Prime Ministers. The Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018, made under section 16 of the Act, enables the current Prime Minister to determine that former Prime Ministers, such as the Hon Malcolm Bligh Turnbull, are to be provided with goods, services, premises, equipment or any other facility. This amendment determination is not subject to disallowance under section 42 of the Legislation Act 2003. The amendment determination provides for the provision of resources to the Hon Malcolm Bligh Turnbull, in addition to the entitlements and resources provided under other enactments, and is effective from the day after it is registered. The determination itself is not subject to disallowance and the Prime Minister has exercised this power in consultation with the former Prime Minister.
Key Provisions
The Parliamentary Business Resources Act 2017, along with the Parliamentary Business Resources Regulations 2017, establishes a framework for providing resources to parliamentarians for their parliamentary business. This framework also applies to former Prime Ministers, and the Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2018 (amendment determination) clarifies these provisions. Section 16 of the Act authorises the current Prime Minister to determine the provision of goods, services, premises, equipment or any other facilities to former Prime Ministers, with the ability to impose limits or conditions on these resources (s 16). The amendment determination specifically amends the Parliamentary Business Resources (Former Prime Ministers) Determination 2017 to include a schedule for providing resources to the former Prime Minister, the Hon Malcolm Bligh Turnbull (s 4). These resources are in addition to those provided under other enactments such as the Parliamentary Retirement Travel Act 2002, the Parliamentary Contributory Superannuation Act 1948, or the Parliamentary Superannuation Act 2004.
The amendment determination imposes obligations on the Prime Minister to consult with the former Prime Minister, in this case the Hon Malcolm Bligh Turnbull, prior to finalising any determination. Once the amendment determination is made, it is the Prime Minister's discretion to provide resources to former Prime Ministers, with the power to impose any conditions on these resources. This determination is a legislative instrument under the Legislation Act 2003; however, it is not subject to disallowance under section 42 of that Act (s 16(3)). The amendment determination commences on the day after it is registered.
Any breach of the provisions in the amendment determination could result in civil or criminal consequences, depending on the nature and severity of the breach. However, the amendment determination itself does not specify any particular offences or penalties for breach. The maximum penalties for breaches of the Parliamentary Business Resources Act 2017 or the Parliamentary Business Resources Regulations 2017 would apply, as these are the overarching legislative frameworks governing the provision of resources to former Prime Ministers. It is important to note that the resources provided to former Prime Ministers under this amendment determination are separate from and in addition to those provided under other enactments.