Parliamentary Business Resources (Special Minister of State) Delegation (No. 1) 2017

Administered by Department of Finance

Legislation au F2018N00004 Not in force Notifiable Instrument

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Parliamentary Business Resources (Special Minister of State) Delegation (No. 1) 2017

I, Mathias Cormann, Minister for Finance, acting under subsection 60(1) of the Parliamentary Business Resources Act 2017, delegate the powers, functions and duties specified in Schedule 1 to the persons occupying, or performing the duties of, the positions, or classes of positions, specified in that schedule.

Dated  14th December 2017

Mathias Cormann

Minister for Finance

 

 


Schedule 1—Delegations

1        Definitions

In this schedule:

Act means the Parliamentary Business Resources Act 2017.

IT 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 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 staff members; and

(h)   mobile telephones (including satellite telephones).

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.

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;

(b)   First Assistant Secretary, Ministerial and Parliamentary Services, Department of Finance;

(c)   Assistant Secretary, Advice and Support Branch, Ministerial and Parliamentary Services, Department of Finance;

(d)   Assistant Secretary, Entitlements Policy Branch, Ministerial and Parliamentary Services, Department of Finance; and

(e)   Assistant Secretary, Client Services Branch, 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 section 60(5) of the Act the delegates are directed as follows:

(a)   The total value of public resources to be provided for the refurbishment of an office 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 section 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:

  1. IT equipment and facilities; and
  2. training and support for staff members relating to IT 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:

  1. has consulted with the Speaker; and
  2. 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)).

(2)    In exercising the power delegated under subitem (1), for the purposes of section 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:

  1. IT equipment and facilities; and
  2. Training and support for staff members relating to IT 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:

  1. has consulted with the President; and
  2. 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)).

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

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

 

Overview

The Parliamentary Business Resources (Special Minister of State) Delegation (No. 1) 2017 was enacted to streamline the delegation of specific powers, functions, and duties under the Parliamentary Business Resources Act 2017. The Act was introduced to address the need for efficient allocation of public resources to facilitate the parliamentary business of members of parliament. Enacted by Mathias Cormann, the Minister for Finance, this notifiable instrument delegates the powers related to the determination of public resources for parliamentary offices and during election periods. The policy objective is to ensure that the resources are of a similar nature and value across both the House of Representatives and the Senate, fostering equitable treatment of members from both chambers. The instrument delegates authority to several positions within the Department of Finance, the President of the Senate, and the Speaker of the House of Representatives, each with specific constraints and directives. For instance, the President is limited to determining IT equipment and facilities for Senators, while the Speaker is restricted to similar determinations for members of the House of Representatives. Additionally, the Speaker has the power to determine resources during election periods for the Leader of the Opposition, ensuring continuity and support during critical times. These delegations are intended to uphold the operational efficiency and equity in the provision of parliamentary resources.

Scope and Application

The Parliamentary Business Resources (Special Minister of State) Delegation (No. 1) 2017I pertains to the delegation of powers, functions, and duties specified in Schedule 1 of the Parliamentary Business Resources Act 2017. This instrument is relevant to specific officials within the Department of Finance, the President of the Senate, and the Speaker of the House of Representatives. The delegations primarily concern the provision of public resources, such as IT equipment and facilities, to members of Parliament for the conduct of parliamentary business. These resources must be reasonably required and are subject to specific limitations, such as a $20,000 cap for office refurbishments inclusive of GST. The delegations also include provisions for determining resources during election periods for the Leader of the Opposition in the House of Representatives. These delegations are within the Commonwealth jurisdiction and are subject to the conditions and directions outlined in the instrument, including consultation requirements and parity in resource provision between Senators and members of the House of Representatives.

Key Provisions

The key provisions of the Parliamentary Business Resources (Special Minister of State) Delegation (No. 1) 2017I primarily concern the delegation of specific powers, functions, and duties under the Parliamentary Business Resources Act 2017. This instrument delegates the authority to make determinations about public resources necessary for the conduct of parliamentary business in prescribed offices and during election periods to various officials. For instance, section 2 delegates to certain officials within the Department of Finance the power to determine the provision of public resources for offices prescribed in section 74 of the Regulations, subject to a maximum total value of $20,000 inclusive of GST (subsection 2(2)(a)). Additionally, section 3 delegates to the President of the Senate the authority to determine specific public resources for Senators, limited to IT equipment and facilities and training and support for staff members relating to these items. Section 4, on the other hand, gives the Speaker of the House of Representatives similar powers for members of the House of Representatives, again limited to IT equipment and facilities and related training and support. Section 5 extends this delegation to the Speaker for determining resources during election periods, focusing on IT equipment and facilities and support and training services for these items. The obligations imposed on the parties governed by this Act are primarily focused on ensuring that determinations made under the delegated authority are reasonable and proportionate. For example, the officials within the Department of Finance must ensure that the total value of public resources does not exceed $20,000 (subsection 2(2)(a)). The President and the Speaker are required to consult with the other respective officials before making any determinations and must be satisfied that the resources being provided are of a similar nature and value to those provided to members of the other house (subsections 3(2)(c) and 4(2)(c)). These obligations underscore the importance of uniformity and fairness in the provision of parliamentary resources across different offices and during election periods. There are no explicit offences, penalties, or civil/criminal consequences mentioned in this instrument for breach of its provisions. However, the potential for non-compliance could lead to administrative consequences such as review and possible revocation of the delegation, or corrective actions to ensure compliance with the prescribed limits and conditions. The instrument itself focuses on ensuring that the delegation of authority is exercised within specific parameters and guidelines, rather than detailing punitive measures for non-compliance.

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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.