Parliamentary Business Resources (Special Minister of State) Delegation (No. 1) 2018

Administered by Department of Finance

Legislation au F2018N00031 Not in force Notifiable Instrument

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Parliamentary Business Resources (Special Minister of State) Delegation (No. 1) 2018

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) 2017; 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   26 March 2018

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.

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 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 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:

  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 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:

  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 subsection 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) 2018 instrument, issued on 26 March 2018 by Mathias Cormann, the Minister for Finance, under subsection 60(1) of the Parliamentary Business Resources Act 2017, aims to update and streamline the delegation of certain powers, functions, and duties related to the provision of public resources for parliamentary business. This notifiable instrument revokes the previous delegation from 2017 and assigns new delegations to specific roles within the Department of Finance and to the President of the Senate and the Speaker of the House of Representatives. These delegations pertain to the determination of public resources, including information technology equipment and facilities, for the offices of members of parliament and the Leader of the Opposition during election periods. The policy objective is to ensure that the resources provided are of a similar nature and value across both houses and during election periods, facilitating the efficient conduct of parliamentary business.

Scope and Application

The F2018N00031 (Notifiable instrument) Parliamentary Business Resources (Special Minister of State) Delegation (No. 1) 2018 concerns the delegation of certain powers, functions, and duties under the Parliamentary Business Resources Act 2017. The Act applies to the allocation and provision of resources, specifically public resources, for the conduct of parliamentary business by members of the Australian Parliament. This includes the determination of resources required for the refurbishment of offices and the provision of resources during election periods. The Act applies to certain officials within the Department of Finance, the President of the Senate, and the Speaker of the House of Representatives. These officials are delegated specific powers to make determinations regarding the allocation of public resources, subject to certain conditions and limitations outlined in the instrument. The geographic reach of the Act is limited to the Commonwealth level, as it pertains to the allocation of public resources for federal parliamentary business. The Act does not specify any exclusions, exemptions, or thresholds, but it does impose certain conditions on the delegation of powers, such as the requirement for the President and the Speaker to consult with each other before making determinations and ensuring that the resources provided are of a similar nature and value. The application of the Act may be further extended or restricted through subordinate instruments such as regulations or additional delegations.

Key Provisions

The key provisions of this legislation, the Parliamentary Business Resources (Special Minister of State) Delegation (No. 1) 2018, involve delegating specific powers and functions to certain officials under the Parliamentary Business Resources Act 2017. The primary delegations outlined in Schedule 1 are related to determining public resources necessary for the conduct of parliamentary business in offices provided by the Commonwealth (subsection 33(1) of the Act). The delegations are made to various positions, including the Deputy Secretary, Business Enabling Services, Department of Finance, SES employees within the Department of Finance, the President of the Senate, and the Speaker of the House of Representatives. These delegated officials are tasked with making determinations concerning the allocation of public resources such as IT equipment and facilities, as well as training and support services for staff members. The delegations are subject to specific conditions and constraints: for instance, the total value of public resources for office refurbishment must not exceed $20,000 (inclusive of GST). Furthermore, the President of the Senate and the Speaker of the House of Representatives must consult with each other and ensure that the public resources they determine are of similar nature and value to those allocated to the other House. Additionally, the Speaker has the authority to determine resources specifically for election periods. The obligations imposed on the parties governed by this Act include ensuring that the public resources allocated are reasonably required for parliamentary business and are of appropriate value and nature. Officials must also adhere to the consultation requirements between the President and the Speaker. Failure to comply with these obligations could result in improper allocation of resources, potentially affecting the conduct of parliamentary business. Breaches of the obligations and directions outlined in this legislation may lead to various consequences. While the Act itself does not specify penalties for breaches, any misconduct or mismanagement in the allocation of resources could lead to scrutiny and potential repercussions under other relevant legislative frameworks. It is important for the designated officials to ensure strict adherence to the conditions and directions 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.