Parliamentary Business Resources (Office Holder) Amendment Determination (No. 1) 2018

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Legislation au F2018L01285 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of the Special Minister of State

Parliamentary Business Resources Act 2017

Parliamentary Business Resources (Office Holder) Determination 2017

Parliamentary Business Resources (Office Holder) Amendment Determination (No. 1) 2018

 

The Parliamentary Business Resources Act 2017 (the Act) and the Parliamentary Business Resources Regulations 2017 (the Regulations) provide a framework prescribing resources to parliamentarians in respect of their parliamentary business. Certain provisions of the Act and Regulations apply to members who are office holders.

Section 5 of the Act provides that an ‘office holder’ means the Presiding or Deputy Presiding Officers, and any person who is an office holder because of a determination under section 7 of the Act. Section 7 of the Act provides that the Minister may, by legislative instrument, determine:

  • that a member who holds a specified position in, or in relation to the Parliament or either House of the Parliament; or
  • who performs functions of a kind specified in the determination in, or in relation to the Parliament or either House of the Parliament,

is an office holder. The Parliamentary Business Resources (Office Holder) Determination 2017 (Principal Determination) determines, for the purposes of the Act, and consequently the Regulations, the members that are office holders, by specifying the relevant positions and functions for the purposes of section 7 of the Act.

The Parliamentary Business Resources (Office Holder) Amendment Determination 2018 (Amending Determination) amends Schedule 1 of the Principal Determination to determine that the Manager of Opposition Business in the Senate is an ‘office holder’ for the purposes of the Act and Regulations.

A Statement of Compatibility with Human Rights is included in Attachment A.  Details of the Determination are included in Attachment B.

The Act does not impose any conditions that need to be satisfied before the power to make the Amending Determination may be exercised. This Amending Determination is a legislative instrument for the purposes of the Legislation Act 2003.

Commencement

This Amending Determination commences on the 17 September 2018.

Consultation and Regulatory Impact

Consultation was not considered necessary or appropriate as the Amending Determination is machinery in nature and is reflective of, and does not substantially alter, existing arrangements.

 

 

The Office of Best Practice Regulation (OBPR) has agreed that proposals such as these have no regulatory impact on businesses, individuals or organisations and therefore the regulatory costs are nil. OBPR ID Number: 24203

    Authority:  Section 7 of the

     Parliamentary Business Resources
     Act 2017

 


Attachment A

 

Statement of Compatibility with Human Rights

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

 

Parliamentary Business Resources (Office Holder) Amendment Determination (No. 1) 2018

 

This Determination 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 Legislative Instrument

This Legislative Instrument amends the Parliamentary Business Resources (Office Holder) Determination 2017 which determines, for the purposes of the Parliamentary Business Resources Act 2017 and consequently the Parliamentary Business Resources Regulations 2017, the members of parliament who are also office holders.

Where a member is an office holder they may be eligible to access public resources to conduct their parliamentary business in a broader range of circumstances, and may also be eligible to receive additional remuneration. Access to additional resources and remuneration is intended to be commensurate with the additional duties and functions that certain office holders perform.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

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

 

Alex Hawke

Special Minister of State

 


Attachment B

 

Details of the Parliamentary Business Resources (Office Holder) Amendment Determination (No. 1) 2018

Section 1- Name

This section provides that the title of the Determination is the Parliamentary Business Resources (Office Holder) Amendment (No. 1) Determination 2018 (the Amending Determination).

Section 2 – Commencement

This section provides that the Amending Determination commences on the 17 September 2018.

Section 3 – Authority

This section states that the Amending Determination is made under section 7 of the Parliamentary Business Resources Act 2017.

Section 4 – Amendment of previous determination

This section provides that Parliamentary Business Resources (Office Holder) Determination 2017 is amended as set out in Schedule 1 of the Amending Determination.

Schedule 1

This Schedule amends the Parliamentary Business Resources (Office Holder) Determination 2017.

Item 1 repeals the table at Schedule 1 of the Parliamentary Business Resources (Office Holder) Determination 2017 and substitutes it with the table set out in Schedule 1 of the Amending Determination.

 

 

 

Overview

The Parliamentary Business Resources Act 2017, enacted by the Australian Parliament, provides a framework for prescribing resources to parliamentarians in respect of their parliamentary business. This Act, along with the Parliamentary Business Resources Regulations 2017, specifically identifies certain members of parliament as 'office holders' who may access additional public resources and remuneration. The policy objective of this Act is to ensure that parliamentarians have the necessary resources to effectively perform their duties, with additional support provided to those in more senior or responsibility-heavy roles. The Parliamentary Business Resources (Office Holder) Amendment Determination (No. 1) 2018, made under the authority of the Special Minister of State, further clarifies the scope of office holders by specifically identifying the Manager of Opposition Business in the Senate as eligible for these additional resources. This amendment reflects existing arrangements and does not impose any new conditions or regulatory impacts, ensuring that the determination is compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Parliamentary Business Resources Act 2017 and the associated regulations provide a legislative framework for prescribing resources available to parliamentarians for their parliamentary business. This Act applies to office holders within the Parliament, defined in Section 5 as the Presiding or Deputy Presiding Officers, or any person specified by the Minister as an office holder under Section 7. The Parliamentary Business Resources (Office Holder) Determination 2017, and its subsequent amendment in 2018, further clarifies and specifies the roles and positions that qualify as office holder status. The 2018 Amendment Determination, in particular, adds the Manager of Opposition Business in the Senate to the list of office holders. The Act and its regulations do not impose specific conditions for the exercise of the power to make these determinations, and the legislative instruments involved do not impact businesses, individuals, or organisations, as confirmed by the Office of Best Practice Regulation. The application of the Act is within the Commonwealth jurisdiction, governing parliamentary conduct and resources at the federal level. This framework ensures that office holders, by virtue of their additional duties and functions, have access to appropriate resources and potential additional remuneration.

Key Provisions

The Parliamentary Business Resources (Office Holder) Amendment Determination 2018 (Amending Determination) amends the Parliamentary Business Resources (Office Holder) Determination 2017 (Principal Determination) to clarify the status of certain members of parliament as office holders. This amendment is made under section 7 of the Parliamentary Business Resources Act 2017 (the Act). The Amending Determination specifically adds the Manager of Opposition Business in the Senate to the list of office holders, thus extending eligibility for additional resources and remuneration to this position. The Amending Determination came into effect on 17 September 2018. The Act and Regulations establish a framework for prescribing resources for parliamentary business, and these resources are accessible to office holders in addition to their regular parliamentary entitlements. Section 7 of the Act allows the Minister to determine, by legislative instrument, which members are office holders based on their positions or functions. This includes the Presiding or Deputy Presiding Officers, and any person who performs specified functions in or in relation to the Parliament or either House. The Principal Determination initially specified the positions and functions that qualified a member as an office holder. The Amending Determination updates this list to include the Manager of Opposition Business in the Senate. The Act imposes certain obligations on office holders, primarily ensuring that they utilise the prescribed parliamentary resources for their specified duties. This includes adhering to the guidelines set out in the Regulations for the allocation and use of these resources. The determinations serve to clarify which members qualify as office holders, thus clarifying their entitlements to additional resources and remuneration. Failure to comply with the provisions of the Act and Regulations, or misuse of parliamentary resources, may result in disciplinary action, both within the parliamentary framework and under other applicable laws. The Act does not specify criminal penalties but outlines the potential for internal sanctions, including the possibility of financial penalties or other disciplinary measures. The Regulations provide further detail on the permissible use of resources and the consequences of non-compliance. The exact nature of penalties or consequences for misuse would depend on the specific circumstances and the internal rules of the Parliament.

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