Parliamentary Business Resources Legislation (Resource Management and Disposal) Transitional Rule 2026

Administered by Department of Finance

Legislation au F2026L00803 Rules In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Special Minister of State

 

Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Act 2024

 

Parliamentary Business Resources Legislation (Resource Management and Disposal) Transitional Rule 2026

 

Purpose

  1.                    Schedule 1 of the Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Act 2024 (Amendment Act) is scheduled to commence on 1 July 2026. That Schedule will enable the transfer of the administration of all resources under the Parliamentary Business Resources Act 2017 currently provided by the Department of Finance (Finance) to the Independent Parliamentary Expenses Authority (IPEA), as a Machinery of Government change, except for resources which are expressly excluded. From 1 July 2026, IPEA’s administrative functions will include the management and disposal of resources, and the scope of resources which IPEA will be responsible for administering will be Authority-administered MP resources.
  2.                    The purpose of the Parliamentary Business Resources Legislation (Resource Management and Disposal) Transitional Rule 2026 (the Instrument) is to provide that IPEA would be responsible for the management and disposal of Authority-administered MP resources from the commencement of Schedule 1 of the Amendment Act, regardless of when the resources were provided or by whom they were provided.
  3.                    This would mean that, from 1 July 2026, IPEA would be responsible for the management and disposal of resources which are within the meaning of Authority-administered MP resources, including in circumstances where the resources were provided by Finance prior to 1 July 2026.
  4.                    Details of the Instrument are set out at Attachment A.

 

Authority

  1.                    The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act) and is made for the purposes of subitem 68(1) of Schedule 1 of the Amendment Act.
  2.                    In reliance on section 4 of the Acts Interpretation Act 1901, this instrument is being made after the enactment of the Amendment Act, but before the commencement of the relevant provision of the Amendment Act, in anticipation of its authorising provision commencing.

 

Commencement

  1.                    This instrument commences at the same time as Schedule 1 of the Amendment Act.

 

Consultation

  1.                    IPEA was consulted in relation to this instrument.

 

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

  1.                    Finance assesses that this Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Finance’s Statement of Compatibility is attached as a supporting document.  

ATTACHMENT A

 

Details of the Parliamentary Business Resources Legislation (Resource Management and Disposal) Transitional Rule 2026

Part 1 – Preliminary

Section 1 – Name of instrument

  1.                    This section provides that the title of the instrument is the Parliamentary Business Resources Legislation (Resource Management and Disposal) Transitional Rule 2026 (the Instrument).

Section 2 – Commencement

  1.                    Section 2 of the Instrument provides that the entire instrument commences at the same time as Schedule 1 to the Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Act 2024 (Amendment Act).

Section 3 – Authority

  1.                    This section provides that the Instrument is made under subitem 68(1) of Schedule 1 of the Amendment Act.

Part 2 – IPEA functions which apply to resources payable or provided before commencement

Section 4 – Management and disposal of resources

  1.                    Item 12 of Schedule 1 of the Amendment Act will insert new paragraph 12(1)(la), which provides for the management and disposal of Authority-administered MP resources, into the Independent Parliamentary Expenses Act 2017 (IPEA Act) when Schedule 1 comes into effect on 1 July 2026. The resources IPEA currently administers, MP travel resources, principally covers services (such as flights) and does not include tangible resources (such as minor office equipment, camera lenses and ICT accessories). The conferral of a resource management and disposal function on IPEA is required for the transfer of the administration of office expenses and other PBR Act resources from Finance to IPEA under Schedule 1 of the Amendment Act.
  2.                    Part 3 of Schedule 1 of the Amendment Act sets out application, transitional and savings provisions in relation to Schedule 1 of the Amendment Act. However, that Part does not include a provision in relation to IPEA’s new asset management and disposal function.
  3.                    Subitem 68(1) of Schedule 1 of the Amendment Act confers a power on the Minister, to make rules prescribing transitional matters (including prescribing any saving or application provisions) relating to the amendments or repeals to be made by Schedule 1.
  4.                    Section 4 of this instrument would ensure that IPEA’s asset management function applies (from the commencement of Schedule 1) regardless of when the resource was provided or by whom it was provided.
  5.                    Specifically, section 4 provides that IPEA would provide for the management and disposal of resources in accordance with paragraph 12(1)(la) of the IPEA Act, as in force at and after the commencement of Schedule 1 of the Amendment Act, whether the resources become payable or are provided before, at or after that commencement.
  6.                    For example, this would mean, that if a parliamentarian was provided with a camera lens prior to 1 July 2026 (a camera lens being a resource which, from 1 July 2026, would be within the meaning of an Authority-administered MP resource under the IPEA Act as amended by Schedule 1 of the Amendment Act), that IPEA would be responsible for its management and disposal from the time the Authority acquires the asset management and disposal function on and from 1 July 2026.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Parliamentary Business Resources Legislation (Resource Management and Disposal) Transitional Rule 2026

  1.       This Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Instrument

  1.       Schedule 1 of the Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Act 2024 (Amendment Act) is scheduled to commence on 1 July 2026. That Schedule will enable the transfer of the administration of all resources under the Parliamentary Business Resources Act 2017 currently provided by the Department of Finance (Finance) to the Independent Parliamentary Expenses Authority (IPEA), as a Machinery of Government change, except for resources which are expressly excluded. From 1 July 2026, IPEA’s administrative functions will include the management and disposal of resources, and the scope of resources which IPEA will be responsible for administering will be Authority-administered MP resources.
  2.       The purpose of the Parliamentary Business Resources Legislation (Resource Management and Disposal) Transitional Rule 2026 (the Instrument) is to provide that IPEA would be responsible for the management and disposal of Authority-administered MP resources from the commencement of Schedule 1 of the Amendment Act, regardless of when the resources were provided or by whom they were provided.
  3.       This would mean that, from 1 July 2026, IPEA would be responsible for the management and disposal of resources which are within the meaning of Authority-administered MP resources, including in circumstances where the resources were provided by Finance prior to 1 July 2026.

Human rights implications 

  1.       This Instrument does not engage any of the applicable rights and freedoms.   

Conclusion  

  1.       This Instrument is compatible with human rights as it does not raise any human rights issues.  

 

Special Minister of State, Senator the Hon Don Farrell

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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.