Parliamentary Business Resources (Minister for Finance) Delegation (No. 1) 2019

Administered by Department of Finance

Legislation au F2019N00067 Not in force Notifiable Instrument

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Parliamentary Business Resources (Minister for Finance) Delegation (No. 1) 2019

I, Mathias Cormann, Minister for Finance, acting under subsection 60(1) of the Parliamentary Business Resources Act 2017:

(a)    revoke the Parliamentary Business Resources (Special Minister of State) Delegation (No. 1) 2018; and

(b)    delegate the powers, functions and duties specified in Schedule 1 to each person occupying, or performing the duties of, the positions, or classes of positions, specified in that schedule.

Dated 27 August 2019

Mathias Cormann

Minister for Finance

 

 


Schedule 1—Delegations

1        Definitions

In this schedule:

Act means the Parliamentary Business Resources Act 2017.

ICT equipment and facilities means any of the following:

(a)   desktop computers and peripherals;

(b)   portable computers (including laptops, tablets, and hybrids) and peripherals;

(c)   software, other than constituent relationship management software for a member of the Government or Opposition;

(d)   printers (including label printers and copy printers);

(e)   scanners;

(f)    multi-function devices;

(g)   physical and digital remote access tokens for members and staff members; and

(h)   mobile telephones (including satellite telephones) and peripherals, mobile broadband devices, and mobile telephone and mobile broadband plans.

President means the President of the Senate.

power, when used in relation to a provision of the Act or Regulations, means the powers, functions or duties of the Minister under that provision, as the case may be.

Regulations means the Parliamentary Business Resources Regulations 2017.

SES employee has the meaning given by the Public Service Act 1999.

Speaker means the Speaker of the House of Representatives.

Note: A number of expressions used in this instrument are defined in section 5 of the Act, or section 4 of the Regulations, including the following:

(a)                  election period;

(b)                 member;

(c)                  parliamentary business;

(d)                 public resources; and

(e)                  staff member.

2        Delegations to Department of Finance officials – determinations to provide resources for offices prescribed in section 74 of the Regulations

(1)    The power under subsection 33(1) of the Act to make determinations in respect of the public resources prescribed in section 74 of the Regulations is delegated to the following positions:

(a)   Deputy Secretary, Business Enabling Services, Department of Finance; and

(b)   SES employee, Ministerial and Parliamentary Services, Department of Finance.

Note:  The public resources prescribed in section 74 of the Regulations are the public resources reasonably required for the conduct of a member’s parliamentary business in offices provided to a member by the Commonwealth (see subsection 74(1)).

A determination may also provide for the use of the public resources in another place for the purposes of conducting the member’s parliamentary business (see subsection 74(4)).

Directions

(2)    In exercising the power delegated under subitem (1), for the purposes of subsection 60(5) of the Act the delegates are directed as follows:

(a)   the delegates are limited to determining public resources for the refurbishment of an office; and

(b)   resources determined must not exceed $20,000 (inclusive of GST).

3        Delegation to the President of the Senate – determinations to provide resources for offices prescribed in section 74 of the Regulations

(1)    The power under subsection 33(1) of the Act to make determinations in respect of the public resources prescribed in section 74 of the Regulations is delegated to the President.

Note: The public resources prescribed in section 74 of the Regulations are the public resources reasonably required for the conduct of a member’s parliamentary business in offices provided to a member by the Commonwealth (see subsection 74(1)).

A determination may also provide for the use of the public resources in another place for the purposes of conducting the member’s parliamentary business (see subsection 74(4)).

Directions

(2)    In exercising the power delegated under subitem (1), for the purposes of subsection 60(5) of the Act the President is directed as follows:

(a)   the President must only exercise the power in respect of Senators;

(b)   the President is limited to determining the following public resources:

(i)      ICT equipment and facilities; and

(ii)      training and support for Senators and staff members relating to ICT equipment and facilities provided in accordance with a determination of the kind delegated in this instrument; and

(c)   the President may only exercise the power where the President:

(i)      has consulted with the Speaker; and

(ii)      is satisfied that any public resources determined in the exercise of the delegated power are of a similar nature and value to those provided, or proposed to be provided, to members of the House of Representatives in accordance with a determination made under subsection 33(1) of the Act (whether by the Minister, or the Speaker as the Minister’s delegate, as the case may be).

4        Delegation to the Speaker of the House of Representatives – determination to provide resources for offices prescribed in section 74 of the Regulations

(1)    The power under subsection 33(1) of the Act to make determinations in respect of the public resources prescribed in section 74 of the Regulations is delegated to the Speaker.

Note: The public resources prescribed in section 74 are the public resources reasonably required for the conduct of a member’s parliamentary business in offices provided to a member by the Commonwealth (see subsection 74(1)).

A determination may also provide for the use of the public resources in another place for the purposes of conducting the member’s parliamentary business (see subsection 74(4)).

Directions

(2)    In exercising the power delegated under subitem (1), for the purposes of subsection 60(5) of the Act the Speaker is directed as follows:

(a)   the Speaker must only exercise the power in respect of members of the House of Representatives;

(b)   the Speaker is limited to determining the following public resources:

(i)      ICT equipment and facilities; and

(ii)      Training and support for members of the House of Representatives and staff members relating to ICT equipment and facilities provided in accordance with a determination of the kind delegated in this instrument; and

(c)   the Speaker may only exercise the power where the Speaker:

(i)      has consulted with the President; and

(ii)      is satisfied that any public resources determined in the exercise of the delegated power are of a similar nature and value to those provided, or proposed to be provided, to Senators in accordance with a determination made under subsection 33(1) of the Act (whether by the Minister, or the President as the Minister’s delegate, as the case may be).

5        Delegation to the Speaker of the House of Representatives – determination to provide resources during election periods prescribed in section 75 of the Regulations

(1)    The power under subsection 33(1) of the Act to make determinations in respect of the public resources prescribed in section 75 of the Regulations is delegated to the Speaker.

Note:  The public resources prescribed in section 75 are the facilities and equipment reasonably required for conducting the parliamentary business of the Leader of the Opposition in the House of Representatives during an election period (including for a half-Senate election) (see subsection 75(1)).

Directions

(2)    In exercising the power delegated under subitem (1), for the purposes of subsection 60(5) of the Act the Speaker is directed as follows:

(a)   the Speaker is limited to determining public resources that are ICT equipment and facilities, and support and training services for the equipment and facilities.

Overview

The Parliamentary Business Resources (Minister for Finance) Delegation (No. 1) 2019 was enacted to streamline the delegation of certain powers and functions under the Parliamentary Business Resources Act 2017, addressing inefficiencies and ensuring that the appropriate authorities can make timely decisions regarding the allocation of resources for parliamentary business. This legislation was introduced by the Parliament of Australia, aiming to ensure that resources are allocated effectively and consistently for the conduct of parliamentary activities. Specifically, it revokes a previous delegation and reallocates certain powers related to the determination of public resources required for the offices of parliamentarians and during election periods. The policy objective of this delegation is to maintain the balance and consistency in the provision of parliamentary resources across different periods and for different parliamentary bodies, ensuring that the necessary tools and support are available to members and their staff for the effective execution of their duties. Under this instrument, specific powers have been delegated to the President of the Senate, the Speaker of the House of Representatives, and certain officials within the Department of Finance. These delegates are tasked with determining the allocation of public resources, such as Information and Communication Technology (ICT) equipment and facilities, for the offices of Senators and members of the House of Representatives, including during election periods. The delegations are subject to certain conditions and limitations, such as consultation requirements and caps on the financial value of resources that can be determined, to ensure that decisions align with broader policy objectives and resource availability.

Scope and Application

The Parliamentary Business Resources (Minister for Finance) Delegation (No. 1) 2019 pertains to the delegation of specific powers and duties under the Parliamentary Business Resources Act 2017, as executed by the Minister for Finance. The Act is applicable to certain officials within the Department of Finance, the President of the Senate, and the Speaker of the House of Representatives. It specifically concerns the delegation of powers related to determining the provision of public resources for offices prescribed under the Parliamentary Business Resources Regulations 2017. The geographic and jurisdictional reach of this legislation is Commonwealth-wide, as it pertains to federal parliamentary business resources. The Act does not explicitly mention any exclusions, exemptions, or thresholds, but it does specify the limits and conditions under which the delegations are to be exercised. For instance, it mandates that the delegated determinations for office refurbishments must not exceed $20,000 inclusive of GST. Furthermore, the Act allows for the extension or restriction of its application through subordinate instruments, such as the Parliamentary Business Resources Regulations 2017, which provide additional definitions and context for the terms and provisions used within the legislation.

Key Provisions

The key operative sections of the Parliamentary Business Resources (Minister for Finance) Delegation (No. 1) 2019I involve the delegation of specific powers and functions from the Minister for Finance to various officials. Section 1 of the Schedule defines terms such as "ICT equipment and facilities" and specifies what constitutes a "SES employee." Section 2 delegates the power to make determinations regarding public resources prescribed in section 74 of the Parliamentary Business Resources Regulations 2017 to the Deputy Secretary, Business Enabling Services, Department of Finance, and a SES employee within the Ministerial and Parliamentary Services at the Department of Finance. Section 3 delegates similar powers to the President of the Senate, but it is limited to Senators and requires consultation with the Speaker of the House of Representatives. Section 4 delegates the same power to the Speaker of the House of Representatives, with the limitation applying to members of the House of Representatives and also requiring consultation with the President of the Senate. Section 5 further delegates to the Speaker the power to make determinations for the Leader of the Opposition during election periods, again limited to ICT equipment and facilities and related support and training services. The Act imposes specific obligations and requirements on the parties it governs. The Deputy Secretary, Business Enabling Services, and the SES employee must ensure that any determinations made regarding public resources do not exceed $20,000 (inclusive of GST) and must be limited to the refurbishment of offices. The President of the Senate is required to consult with the Speaker and ensure that any public resources determined are of a similar nature and value to those provided to members of the House of Representatives. The Speaker of the House of Representatives must also consult with the President and ensure that the resources provided to members of the House are of a similar nature and value to those provided to Senators. Additionally, the Speaker must ensure that any determinations during election periods are limited to ICT equipment and facilities, along with support and training services. The Act does not explicitly detail offences, penalties, or civil/criminal consequences for breach in the provided text. However, given the nature of the legislation and its focus on delegation and procedural compliance, breaches might result in administrative penalties or require corrective action to ensure adherence to the specified limits and consultation requirements. The absence of explicit penalties in the provided excerpt suggests that enforcement would likely be managed through internal administrative processes or further legislative instruments, rather than through criminal or civil court proceedings.

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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.