Parliamentary Business Resources (Former Prime Ministers) Amendment Determination (No. 2) 2022

Overview

The Parliamentary Business Resources Act 2017 was enacted to establish a structured framework for the provision of resources to parliamentarians, including former Prime Ministers, for their parliamentary business. This legislation was introduced to address the need for a formalised system to support the administrative and operational requirements of former Prime Ministers in their post-office roles. The Act is administered by the Parliament of Australia, with the overarching policy objective of ensuring that former Prime Ministers have access to the necessary resources to effectively carry out their responsibilities and duties. The Parliamentary Business Resources (Former Prime Ministers) Amendment Determination (No. 2) 2022 was subsequently introduced to rectify an unintended delay in the provision of resources to a specific former Prime Minister, ensuring continuity in the support provided. This amendment underscores the flexibility and responsiveness of the legislative framework in accommodating operational necessities.

Scope and Application

The Parliamentary Business Resources Act 2017, along with the Parliamentary Business Resources Regulations 2017, establishes a framework for providing resources such as goods, services, premises, equipment, and other facilities to parliamentarians to support their parliamentary business. This framework extends to former Prime Ministers, who may be provided with these resources at the discretion of the current Prime Minister, subject to any conditions imposed. The Act allows the Prime Minister to determine the provision of resources to former Prime Ministers, including any limits or conditions applicable to particular former Prime Ministers, a class of former Prime Ministers, or former Prime Ministers generally. The Parliamentary Business Resources (Former Prime Ministers) Amendment Determination (No. 2) 2022 amends the earlier 2022 determination to ensure that resources specified for the Hon Scott John Morrison can be provided from 15 July 2022, rectifying any unintended delays in the provision of resources due to registration issues. This amendment determination is a legislative instrument under the Legislation Act 2003, though it is exempt from disallowance under the Legislation Act. The amendment determination takes effect the day after its registration.

Key Provisions

The Parliamentary Business Resources Act 2017 (the Act) establishes a framework for providing resources to parliamentarians, including former Prime Ministers, to assist them with their parliamentary business. Section 16(1) of the Act allows the current Prime Minister to determine, in writing, the provision of goods, services, premises, equipment or any other facility to former Prime Ministers. The Prime Minister can impose limits or conditions on these resources as they see fit (s 16(2)). The Parliamentary Business Resources (Former Prime Ministers) Amendment Determination (No. 2) 2022 amends the Parliamentary Business Resources (Former Prime Ministers) Amendment Determination 2022 to provide resources specified in the Schedule to the Hon. Scott John Morrison, while he remains in Parliament, from 15 July 2022. This amendment was made to avoid any unintended delays in resource provision that may have arisen from the registration of the original determination (Explanatory Statement). The Act places the responsibility of determining and providing resources to former Prime Ministers squarely on the shoulders of the Prime Minister. There are no conditions specified in the Act that need to be satisfied before the Prime Minister exercises their power under section 16 to make such a determination (s 16(3)). This means that the provision of resources to former Prime Ministers is entirely at the discretion of the Prime Minister. The amendment determination is a legislative instrument under the Legislation Act 2003, but subsection 16(3) of the Act ensures that this determination is not subject to disallowance under section 42 of the Legislation Act (Explanatory Statement). There are no specific offences, penalties, or consequences outlined in the Act or the amendment determination for the breach of any provisions. The Act and the determination focus primarily on the discretion and authority of the Prime Minister in providing resources to former Prime Ministers. However, it is worth noting that any misuse or improper allocation of resources could potentially lead to broader legal or political consequences, though these are not explicitly detailed in the text. The amendment determination simply ensures that there are no delays in providing the necessary resources to the former Prime Minister, the Hon. Scott Morrison, starting from 15 July 2022.