Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Auditor of
Parliamentary Allowances and Entitlements Bill
2000
No. ,
2000
(Senator
Faulkner)
A Bill for an Act to establish
the office of Auditor of Parliamentary Allowances and Entitlements, and for
related purposes
ISBN: 0642 453624
Contents
Auditor-General Act
1997 25
Public Accounts and Audit Committee Act
1951 25
A Bill for an Act to establish the office of Auditor of
Parliamentary Allowances and Entitlements, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Auditor of Parliamentary Allowances and
Entitlements Act 2000.
This Act commences on the day on which it receives the Royal
Assent.
This Act binds the Crown in right of the Commonwealth but does not make
the Crown liable to be prosecuted for an offence.
This Act extends to acts, omissions, matters and things outside Australia
(unless the contrary intention appears).
In this Act, unless the contrary intention appears:
authorised person means a person who is authorised in
writing, under section 41, to exercise powers or perform functions under this
Act.
MOPS Act means the Members of Parliament (Staff) Act
1984.
parliamentary entitlements and allowances includes:
(a) an entitlement under the Parliamentary Entitlements Act 1990;
and
(b) an allowance under the Parliamentary Allowances Act 1952;
and
(c) an allowance or entitlement covered by a determination made under the
Remuneration Tribunal Act 1973; and
(d) remuneration or allowances paid under the Remuneration and
Allowances Act 1990; and
(e) an entitlement under the Parliamentary Contributory Superannuation
Act 1948; and
(f) an allowance or entitlement in relation to a person employed or
engaged under the Members of Parliament (Staff) Act 1984.
relevant House means:
(a) in relation to a member of the House of Representatives or to a person
employed or engaged by that member under the MOPS Act—the House of
Representatives; or
(b) in relation to a senator or to a person employed or engaged by that
senator under the MOPS Act—the Senate.
sample audit has the meaning given by subsection
34(2).
(1) There is to be an Auditor of Parliamentary Allowances and Entitlements
(the Auditor).
(2) Whenever a vacancy occurs in the office of Auditor, an appointment
must be made to the office as soon as practicable.
(1) The Auditor is an independent officer of the Parliament.
(2) The functions, powers, rights, immunities and obligations of the
Auditor are as specified in this Act and other laws of the Commonwealth. There
are no implied functions, powers, rights, immunities or obligations arising from
the Auditor being an independent officer of the Parliament.
(3) The powers of the Parliament to act in relation to the Auditor are as
specified in or applying under this Act and other laws of the Commonwealth. For
this purpose, Parliament includes each House of the Parliament.
There are no implied powers of the Parliament arising from the Auditor being an
independent officer of the Parliament.
(4) Subject to this Act and to other laws of the Commonwealth, the Auditor
has complete discretion in the performance or exercise of his or her functions
or powers. In particular, the Auditor is not subject to direction from anyone in
relation to:
(a) whether or not a particular complaint is to be investigated;
or
(b) the way in which a particular inquiry is to be conducted; or
(c) the priority to be given to any particular matter.
(1) The Auditor is to be appointed by the Governor-General, on the
recommendation of the Minister, for a term of 10 years.
Note: The effect of section 19A of the Acts
Interpretation Act 1901 is that the Minister refers to the
Minister who administers this section. The administration of Acts or particular
provisions of Acts is allocated by Administrative Arrangements Orders made by
the Governor-General.
(2) The Auditor holds office on a full or part-time basis in accordance
with the instrument of appointment.
(3) For the purposes of the Superannuation Act 1976 and the Trust
Deed under the Superannuation Act 1990, the minimum retiring age for the
Auditor is 55. However, if the instrument of appointment specifies a younger
age, then the younger age applies.
(4) A person cannot be appointed as Auditor if the person has previously
been appointed as Auditor under this Act.
(1) The Minister must not make a recommendation to the Governor-General
under section 8 unless:
(a) the Minister has referred the proposed recommendation to the Joint
Committee of Public Accounts and Audit for approval; and
(b) the Committee has approved the proposal.
(2) A referral under paragraph (1)(a) must be in writing and may be
withdrawn by the Minister at any time.
Note: Section 8AA of the Public Accounts and Audit
Committee Act 1951 deals with how the Joint Committee of Public Accounts and
Audit approves proposals.
(1) The Auditor is to be paid the remuneration that is determined by the
Remuneration Tribunal. However, if no determination of that remuneration by the
Tribunal is in operation, the Auditor is to be paid the remuneration that is
prescribed by the regulations.
(2) The Auditor is to be paid such allowances as are prescribed by the
regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
(1) The Auditor has such recreation leave entitlements as are determined
by the Remuneration Tribunal.
(2) The Minister may grant the Auditor other leave of absence on such
terms and conditions as the Minister determines. The terms and conditions may
include terms and conditions relating to remuneration.
The Auditor may resign by giving the Governor-General a signed
resignation notice.
(1) The Governor-General may remove the Auditor from office if each House
of the Parliament, in the same session of the Parliament, presents an address to
the Governor-General praying for the removal of the Auditor on the ground of
misbehaviour or physical or mental incapacity.
(2) The Governor-General must remove the Auditor from office if the
Auditor does any of the following:
(a) becomes bankrupt;
(b) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors;
(c) compounds with his or her creditors;
(d) assigns his or her remuneration for the benefit of his or her
creditors.
(3) If the Auditor is:
(a) an eligible employee for the purposes of the Superannuation Act
1976; or
(b) a member of the superannuation scheme established by the Trust Deed
under the Superannuation Act 1990;
the Governor-General may, with the consent of the Auditor, retire the
Auditor from office on the ground of physical or mental incapacity.
(4) For the purposes of the Superannuation Act 1976 , the Auditor
is taken to have been retired from office on the ground of invalidity
if:
(a) the Auditor is removed or retired from office on the ground of
physical or mental incapacity; and
(b) the CSS Board gives a certificate under section 54C of the
Superannuation Act 1976.
(5) For the purposes of the Superannuation Act 1990, the Auditor is
taken to have been retired from office on the ground of invalidity if:
(a) the Auditor is removed or retired from office on the ground of
physical or mental incapacity; and
(b) the PSS Board gives a certificate under section 13 of the
Superannuation Act 1990.
(1) The Minister may appoint a person to act as Auditor:
(a) if there is a vacancy in the office of Auditor, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Auditor is absent
from duty or from Australia or is, for any reason, unable to perform the duties
of the office.
(2) Anything done by or in relation to a person purporting to act under
this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
(3) A person acting under this section is entitled to the same
remuneration and allowances as apply to the office of Auditor.
Note: Section 33A of the Acts Interpretation Act 1901
has rules that apply to acting appointments.
The staff necessary to assist the Auditor must be persons engaged under
the Public Service Act 1999 and made available by the
Auditor-General.
The Auditor’s functions include the following:
(a) to receive and investigate complaints about the possible misuse of
parliamentary entitlements and allowances;
(b) to inquire into and report on any matter referred to the Auditor in
writing by the Minister;
(c) to inquire into and report on any matter referred to the Auditor by
resolution of either House of the Parliament;
(d) to undertake sample audits of the use of parliamentary entitlements
and allowances by individual members or groups of members of either House of the
Parliament or by persons employed or engaged under the MOPS Act;
(e) to undertake inquiries on his or her own initiative into any matter
relevant to this Act;
(f) to report to the Minister and to each House of the Parliament on any
matter connected with this Act;
(g) to make recommendations to the Minister or to either House of the
Parliament for changes to the system of parliamentary allowances and
entitlements;
(h) to provide advice to individual members of either House of the
Parliament, on request, or to persons employed or engaged under the MOPS Act, on
ethical issues connected with the use of that person’s parliamentary
allowances and entitlements.
(1) This section applies to a senator or a member of the House of
Representatives or to a person employed by a senator or member under the MOPS
Act.
(2) For the purposes of carrying out a function mentioned in paragraph
16(a), (b), (c), (d), or (e), the Auditor may request a person to whom this
section applies to do all or any of the following:
(a) to provide the Auditor with any information that the Auditor
requests;
(b) to produce to the Auditor any documents in the custody or under the
control of the person requested by the Auditor;
(c) to answer questions asked by the Auditor;
relating to a person’s receipt or use of parliamentary entitlements
and allowances.
(3) The Auditor may request that the information to answers to questions
be given either orally or in writing (as the Auditor prefers).
(4) The Auditor may, at all reasonable times and with the consent of the
senator or member of the House of Representatives concerned:
(a) enter and remain on any premises occupied in an official capacity by
the senator or member; and
(b) have full and free access at all reasonable times to any documents or
other property; and
(c) examine, make copies of or take extracts from any document;
for the purposes of inquiring into a person’s receipt or use of
parliamentary entitlements or allowances.
(5) A request under subsection (2) or (4) must be in writing.
(6) A person who refuses to comply with a request by the Auditor under
subsection (2) or (4) must be given the opportunity to provide the Auditor with
written reasons for not complying with the request, or with any other
information relevant to the request.
(7) After considering any response given in accordance with subsection
(6), the Auditor may report to the relevant House in relation to all or any of
the following:
(a) the nature of the request made under subsection (2) or (4);
(b) the reasons given for not complying with the request;
(c) any other relevant information;
(d) whether the Auditor recommends that the relevant House exercise its
powers in relation to the senator or member of the House of Representatives
concerned.
(8) In subsection (4), senator or member of the House of
Representatives concerned, in relation to a member of staff employed
under the MOPS Act, means the senator or member who is, or who was at the
relevant time, that staff member’s employer.
This Subdivision applies to any person who is not covered by Subdivision
A.
The powers under sections 20 and 21 may be used for the purpose of, or in
connection with, a function mentioned in paragraph 16(a), (b), (c), (d) or
(e).
(1) The Auditor may, by written notice, direct a person to do all or any
of the following:
(a) to provide the Auditor with any information that the Auditor
requires;
(b) to attend and give evidence before the Auditor or an authorised
person;
(c) to produce to the Auditor any documents in the custody or under the
control of the person;
in relation to the receipt and use of parliamentary entitlements and
allowances.
Note: A proceeding under paragraph (1)(b) is a
judicial proceeding for the purposes of Part III of the Crimes
Act 1914. The Crimes Act 1914 prohibits certain conduct in relation
to judicial proceedings.
(2) The Auditor may direct that:
(a) the information or answers to questions be given either orally or in
writing (as the Auditor requires);
(b) the information or answers to questions be verified or given on oath
or affirmation.
The oath or affirmation is an oath or affirmation that the information or
evidence the person will give will be true, and may be administered by the
Auditor or by an authorised person.
(3) A person must not refuse, without reasonable excuse, to comply with a
direction under subsection (1) or (2):
(a) to provide information to the Auditor; or
(b) to attend before the Auditor; or
(c) to be sworn or make an affirmation; or
(d) to produce a document; or
(e) to answer a question.
Maximum penalty: 10 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: Section 4AA of the Crimes Act 1914 sets the
current value of a penalty unit.
(4) A person to whom this Subdivision applies must not:
(a) wilfully obstruct, hinder or resist the Auditor or any other person in
the exercise of his or her functions under this Act without reasonable excuse;
or
(b) provide information or make a statement to the Auditor or to an
authorised person knowing that it is false or misleading in a material
particular.
Maximum penalty: 10 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: Section 4AA of the Crimes Act 1914 sets the
current value of a penalty unit.
(1) The Auditor or an authorised person:
(a) may, at all reasonable times, enter and remain on any premises;
and
(b) is entitled to full and free access at all reasonable times to any
documents or other property; and
(c) may examine, make copies of or take extracts from any
document;
for the purposes of inquiring into a person’s receipt or use of
parliamentary entitlements or allowances.
(2) An authorised person is not entitled to enter or remain on premises if
he or she fails to produce a written authority on being asked by the occupier to
produce proof of his or her authority. For this purpose, written
authority means an authority signed by the Auditor that states that the
official is authorised to exercise powers under this Subdivision.
(3) If an authorised person enters, or proposes to enter, premises under
this section, the occupier must provide the person with all reasonable
facilities for the effective exercise of powers under this section.
Maximum penalty: 10 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: Section 4AA of the Crimes Act 1914 sets the
current value of a penalty unit.
(4) In this section:
premises includes any land or place.
(1) A person must not make a statement to the Auditor or to an audit
official that the person knows is false or misleading in a material
particular.
Maximum penalty: 20 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: Section 4AA of the Crimes Act 1914 sets the
current value of a penalty unit.
(2) If a person gives an audit official a document that the person knows
is false or misleading in a material particular, the person must identify the
particular.
Maximum penalty: 20 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: Section 4AA of the Crimes Act 1914 sets the
current value of a penalty unit.
(3) In this section:
audit official means a person performing, or assisting in
the performance of, a function of the Auditor to which this Subdivision applies.
A person is not excused from producing a document or answering a question
under section 20 on the ground that the answer, or the production of the
document, might tend to incriminate the person or make the person liable to a
penalty. However, neither:
(a) the answer to the question or the production of the document;
nor
(b) anything obtained as a direct or indirect result of the answer or the
production of the document;
is admissible in evidence against the person in any criminal proceedings
(other than proceedings for an offence against, or arising out of, section 20 or
22).
The Auditor may, by notice published in the Gazette, set auditing
standards that are to be complied with by persons performing any function under
Part 4.
(1) The Auditor may, at any time, cause a report to be tabled in either
House of the Parliament on any matter connected with the receipt and use of
parliamentary entitlements and allowances.
(2) The power mentioned in subsection (1) is in addition to any other
reporting power in this Act.
The Auditor must bring to the attention of the Minister any important
matter that comes to the attention of the Auditor while:
(a) conducting an audit under Division 3 of Part 4; or
(b) giving advice under Division 4 of Part 4 (but not so as to disclose
the identity of the person seeking advice).
(1) As soon as practicable after 30 June in each year, the Auditor
must:
(a) prepare a report on the operations of the Auditor during that year;
and
(b) cause a copy of the report to be tabled in each House of the
Parliament.
(2) A report prepared under subsection (1) must include:
(a) a general summary of advice given that year by the Auditor under
Division 4 of Part 4; and
(b) a list of all reports presented by the Auditor to either House of the
Parliament in that year.
A person may make a complaint, in writing, to the Auditor in relation to
the receipt or use by a person of parliamentary entitlements and
allowances.
(1) Before commencing an investigation, the Auditor must inform the person
who is, or persons who are, the subject of the complaint that a complaint has
been made.
(2) An investigation under this Division must be conducted in private and
may be conducted in such manner as the Auditor thinks fit.
(3) Subject to this Act, the Auditor may, for the purposes of this
Division, obtain information from such persons, and make such inquiries, as he
or she thinks fit.
(4) Subject to subsection (5), it is not necessary for the Auditor to
afford the complainant or any other person an opportunity to appear before the
Auditor or an authorised person in connection with an investigation by the
Auditor under this Division.
(5) The Auditor must not make a report in respect of an investigation
under this Division in which he or she sets out opinions that are, either
expressly or impliedly, critical of a person unless, before completing the
investigation, he or she has afforded that person an opportunity to appear
before him or her, or before an authorised person, and to make such submissions
as he or she thinks fit, either orally or in writing, in relation to the receipt
or use of parliamentary entitlements and allowances to which the investigation
relates.
(6) Where the Auditor becomes of the opinion, either before or after
completing an investigation under this Division, that there is evidence that a
person has committed an offence, the Auditor must refer the matter to the
Australian Federal Police.
(7) Where the Auditor becomes of the opinion, either before or after
completing an investigation under this Division, that there is evidence that a
person, being a person employed under the Public Service Act 1999 or the
Parliamentary Service Act 1999, has been guilty of a breach of the code
of conduct under the relevant Act, the Auditor must bring that evidence to the
notice of the appropriate person under the relevant Act.
(1) The Auditor may, in his or her discretion, decide not to investigate,
or further investigate, a complaint under this Division, if, in the opinion of
the Auditor:
(a) the complaint is frivolous or vexatious or was not made in good faith;
or
(b) the investigation, or further investigation, of the complaint is not
warranted having regard to all the circumstances.
(2) If the Auditor exercises a discretion under subsection (1) not to
investigate, or further investigate, a complaint, the Auditor must, at the
earliest opportunity, cause to be tabled in the relevant House a statement
outlining the nature of the complaint and the reasons for exercising his or her
discretion under subsection (1).
A person must not knowingly make a complaint under this Division that is
false or misleading in a material particular.
Maximum penalty: 50 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: Section 4AA of the Crimes Act 1914 sets the
current value of a penalty unit.
(1) The Auditor may conduct an inquiry into any matter in connection with
the receipt or use of parliamentary entitlements and allowances:
(a) referred to the Auditor in writing by the Minister; or
(b) referred to the Auditor by resolution of either House of the
Parliament; or
(c) at any time, on his or her own initiative.
(2) An inquiry under this Division may be carried out in such manner as
the Auditor thinks fit.
As soon as practicable after completing a report of an inquiry under
section 32, the Auditor must:
(a) cause a copy to be tabled in each House of the Parliament;
and
(b) give a copy to the Minister.
(1) The Auditor may, at any time, conduct a sample audit of the use of
parliamentary entitlements and allowances by individual members or groups of
members of either House of the Parliament, or by persons employed or engaged
under the MOPS Act.
(2) For the purposes of this Division, a sample audit is a
review or examination of a particular aspect of the use of parliamentary
entitlements and allowances by:
(a) an individual senator or member of the House of Representatives;
or
(b) a group of senators and/or members of the House of Representatives;
or
(c) a person employed or engaged under the MOPS Act; or
(d) a group of people employed or engaged under the MOPS Act; or
(e) a combination of any people mentioned in paragraphs (a) to
(d).
(3) As soon as practicable after completing the report on an audit under
this section, the Auditor must:
(a) cause a copy to be tabled in each House of the Parliament;
and
(b) give a copy to the Minister.
(4) A report under subsection (3) must not disclose:
(a) the identity of people who were the subject of the audit; or
(b) information that would lead, or would be likely to lead, to the
identification of people who were the subject of the audit.
(1) A senator, a member of the House of Representatives or a person
employed or engaged under the MOPS Act, may request the Auditor to provide
advice on ethical issues connected with the use of that person’s
parliamentary allowances or entitlements.
(2) The Auditor may give oral or written advice under this section but
must give written advice if requested to do so.
(1) At any time the Auditor may make recommendations for changes to the
system of parliamentary entitlements and allowances.
(2) A copy of recommendations made under subsection (1) may be:
(a) given to the Minister; or
(b) tabled in either House of the Parliament.
Neither the Auditor, nor a person acting under his or her direction or
authority is liable to an action, suit or proceeding for or in relation to an
act done or omitted to be done in good faith in exercise or purported exercise
of any power or authority conferred by this Act.
Civil proceedings do not lie against a person in respect of loss, damage
or injury of any kind suffered by another person by reason of any of the
following acts done in good faith:
(a) the making of a complaint to the Auditor under Division 1 of Part
4;
(b) the provision of information or a document to the Auditor or an
authorised person for the purposes of this Act, whether or not the information
or document was provided pursuant to a direction under section 20.
(1) Nothing in this Act is taken to preclude the Auditor from disclosing
information, or making a statement, to any person or to the public or a section
of the public with respect to the performance of the functions of, or an
investigation by, the Auditor under this Act if, in the opinion of the Auditor,
it is in the interests of any person, or is otherwise in the public interest, so
to disclose that information or to make that statement.
(2) The Auditor must not disclose information or make a statement under
subsection (1) with respect to a particular investigation where the disclosure
of that information, or the making of that statement, is likely to interfere
with the carrying out of that or any other investigation or the making of a
report under this Act.
(3) The Auditor must not, in disclosing information or making a statement
under subsection (1) with respect to a particular investigation:
(a) set out opinions that are, either expressly or impliedly, critical of
a person unless the Auditor has complied with subsection 29(5) in relation to
the investigation; or
(b) disclose the name of a complainant or any other matter that would
enable a complainant to be identified unless it is fair and reasonable in all
the circumstances to do so.
(4) This section has effect despite subsection 29(2) and section
40.
(1) In this section:
officer means:
(a) the Auditor; or
(b) a member of staff referred to in section 15; or
(c) an authorised person.
(2) Subject to this section, an officer must not, either directly or
indirectly, and either while he or she is, or after he or she ceases to be, an
officer, make a record of, or divulge or communicate to any person, any
information acquired by him or her by reason of his or her being an officer,
being information that was disclosed or obtained under the provisions of this
Act.
Maximum penalty: 5 penalty units.
Note: Section 4AA of the Crimes Act 1914 sets the
current value of a penalty unit.
(3) Subsection (2) does not prevent an officer :
(a) from making a record of, or divulging or communicating to any person,
information acquired by him or her in the performance of his or her duties as an
officer for purposes connected with the exercise of the powers and the
performance of the functions of the Auditor under this Act; or
(b) from divulging or communicating information to a person with the
consent of the person who furnished the information.
(4) Subsection (2) does not prevent the Auditor from disclosing, in a
report made under this Act, such matters as, in his or her opinion, ought to be
disclosed in the course of setting out the grounds for the conclusions and
recommendations contained in the report.
(1) The Auditor may, by written instrument, delegate any of the
Auditor’s powers or functions under this Act to a person who is a member
of staff referred to in section 15.
(2) In exercising powers or functions under the delegation, the staff
member must comply with any directions of the Auditor.
The costs of the administration of this Act are to be paid out of money
appropriated by the Parliament for the purpose.
The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters that are:
(a) required or permitted; or
(b) necessary or convenient;
to be prescribed for carrying out or giving effect to this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 After subsection 53(1)
Insert:
(1A) The draft estimates must include draft estimates for the operations
of the Auditor of Parliamentary Allowances and Entitlements.
Public
Accounts and Audit Committee Act 1951
2 Section 4
Insert:
Auditor of Parliamentary Allowances and Entitlements means
the Auditor of Parliamentary Allowances and Entitlements referred to in section
6 of the Auditor of Parliamentary Allowances and Entitlements Act
2000.
3 Paragraph 8(1)(c)
After “(including reports of the results of performance
audits)”, insert “or the Auditor of Parliamentary Allowances and
Entitlements”.
4 Subparagraph 8(1)(g)(ii)
Omit “and information technology”, substitute “,
information technology and resources allocated to the Auditor of Parliamentary
Allowances and Entitlements”.
5 Paragraph 8(1)(h)
Omit “Auditor-General’s functions and powers”, substitute
“powers and functions of the Auditor-General or the Auditor of
Parliamentary Allowances and Entitlements”.
6 Subsection 8(1A)
After “Auditor-General”, insert “, the Auditor of
Parliamentary Allowances and Entitlements”.
7 After section 8A
Insert:
(1) If the Minister refers a proposed recommendation for an appointment of
the Auditor of Parliamentary Allowances and Entitlements to the Committee for
approval, the Committee must:
(a) approve or reject the proposal within 14 days after receiving it;
or
(b) notify the Minister as provided for in subsection (2).
Note: Section 9 of the Auditor of Parliamentary
Allowances and Entitlements Act 2000 requires proposed recommendations to be
referred to the Committee for approval.
(2) The Committee may notify the Minister within 14 days after receiving a
proposal that it needs more time to consider the proposal. If the Committee does
so, the Committee must approve or reject the proposal within 44 days after
receiving it.
(3) The decision to approve or reject a proposal is to be by majority of
the members of the Committee for the time being holding office.
(4) If the Committee does not make a decision on a proposal by the
required time, the Committee is taken, at that time, to have approved the
proposal.
(5) The Committee must notify the Minister of its decision on a proposal
as soon as practicable after making the decision.
(6) A notification under this section must be in writing.
(7) The Committee must report to both Houses of the Parliament on its
decision on a proposal.
(8) In this section:
Minister means the Minister administering the Auditor of
Parliamentary Allowances and Entitlements Act 2000.