Parliamentary Business Resources (Minister for Finance) Delegation (No. 1) 2021

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Legislation au F2021N00033 In force Notifiable Instrument

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Parliamentary Business Resources (Minister for Finance) Delegation (No. 1) 2021

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

(a)    revoke the Parliamentary Business Resources (Minister for Finance) Delegation (No. 1) 2019; 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 14 February 2021

Simon Birmingham

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 an office, other than ICT equipment and facilities, and associated training and support; and

(b)   resources determined must not exceed $50,000 (exclusive 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) 2021I was enacted to streamline the delegation of certain powers, functions, and duties under the Parliamentary Business Resources Act 2017, which governs the provision of resources to members of parliament for their parliamentary business. The 2021 Instrument revokes a previous delegation from 2019 and assigns specific powers to various officials to ensure consistent and efficient allocation of resources. This delegation is made by Simon Birmingham, the Minister for Finance, acting under subsection 60(1) of the Parliamentary Business Resources Act 2017. The policy objective is to ensure that parliamentary resources are allocated in a manner that is consistent and equitable across both the Senate and the House of Representatives. This delegation includes provisions for determining public resources for offices provided by the Commonwealth to members of parliament, specifically focusing on ICT equipment and facilities, as well as associated training and support. The delegations are subject to specific limitations and conditions, such as the exclusion of certain resources and consultation requirements between the President of the Senate and the Speaker of the House of Representatives. The aim is to maintain uniformity in the provision of resources while allowing for flexibility in responding to the needs of members during parliamentary sessions and election periods.

Scope and Application

This notifiable instrument revokes the previous delegation made in 2019 and establishes new delegations under the Parliamentary Business Resources Act 2017. The instrument delegates certain powers, functions, and duties to specified officials within the Department of Finance and to the President of the Senate and the Speaker of the House of Representatives. Specifically, the Deputy Secretary of Business Enabling Services and an SES employee within the Department of Finance are delegated the authority to make determinations regarding the provision of public resources for parliamentary offices, excluding Information and Communications Technology (ICT) equipment and facilities, with a maximum expenditure limit of $50,000 excluding GST. The President of the Senate is delegated the authority to determine the provision of ICT equipment and facilities, as well as related training and support for Senators, subject to consultation with the Speaker of the House of Representatives and the condition that the resources must be of a similar nature and value to those provided to members of the House of Representatives. Similarly, the Speaker of the House of Representatives is delegated the authority to determine the provision of ICT equipment and facilities, along with related training and support for members of the House of Representatives and their staff, subject to consultation with the President of the Senate and the same comparability condition. Additionally, the Speaker is given the authority to determine public resources during election periods for the Leader of the Opposition, limited to ICT equipment and facilities and associated support and training services.

Key Provisions

The Parliamentary Business Resources (Minister for Finance) Delegation (No. 1) 2021I outlines the delegation of specific powers, functions, and duties to various officials under the Parliamentary Business Resources Act 2017. This instrument revokes the previous delegation from 2019 and redistributes certain powers to the Deputy Secretary, Business Enabling Services, Department of Finance, and SES employee, Ministerial and Parliamentary Services, Department of Finance (Schedule 1). Additionally, it grants the President of the Senate the authority to make determinations regarding ICT equipment and facilities and related training and support for Senators, provided certain conditions are met (Schedule 1). Similarly, it delegates to the Speaker of the House of Representatives the authority to make determinations about ICT equipment and facilities and associated training and support for members of the House of Representatives and their staff, subject to specific requirements (Schedule 1). Finally, the Speaker is also tasked with determining resources for the Leader of the Opposition during election periods, focusing on ICT equipment and facilities and support and training services (Schedule 1). This Act imposes several obligations on the parties to whom powers are delegated. For instance, the Deputy Secretary and SES employee from the Department of Finance are required to limit their determinations to public resources for offices, excluding ICT equipment and facilities, and associated training and support, with a cap of $50,000 (Schedule 1). The President must only exercise their delegated power in respect of Senators, ensuring that the resources determined are of a similar nature and value to those provided to members of the House of Representatives (Schedule 1). The Speaker, on the other hand, is mandated to consult with the President before making any determinations and must ensure that resources provided to members of the House of Representatives are comparable to those allocated to Senators (Schedule 1). Additionally, the Speaker is responsible for determining resources for the Leader of the Opposition during election periods, focusing on ICT equipment and facilities and related support and training services (Schedule 1). Breaching the conditions or exceeding the specified limits set by the Parliamentary Business Resources (Minister for Finance) Delegation (No. 1) 2021I may result in legal consequences. However, the specific offences, penalties, or civil/criminal consequences for non-compliance are not explicitly detailed in the provided text. Typically, in Australian legislation, breaches of such provisions could potentially lead to administrative penalties, fines, or other legal actions depending on the severity and nature of the breach. It is important for the officials to adhere to the directions and limitations outlined to avoid any adverse outcomes.

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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.