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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Parliamentary Business Resources
(Consequential and Transitional
Provisions) Bill 2017
No. , 2017
(Finance)
A Bill for an Act to deal with consequential and
transitional matters in connection with the
enactment of the Parliamentary Business Resources
Act 2017, and for related purposes
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Amendments
4
Part 1--Amendment of the Independent Parliamentary
Expenses Authority Act 2017
4
Independent Parliamentary Expenses Authority Act 2017
4
Part 2--Other amendments
13
Age Discrimination Act 2004
13
Ministers of State Act 1952
13
Parliamentary Contributory Superannuation Act 1948
13
Parliamentary Retirement Travel Act 2002
16
Parliamentary Superannuation Act 2004
17
Remuneration and Allowances Act 1990
18
Remuneration Tribunal Act 1973
18
Safety, Rehabilitation and Compensation Act 1988
20
Part 3--Contingent amendments
21
Freedom of Information Act 1982
21
Schedule 2--Repeals
22
Parliamentary Allowances Act 1952
22
Parliamentary Entitlements Act 1990
22
Schedule 3--Application and transitional provisions
23
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
1
A Bill for an Act to deal with consequential and
1
transitional matters in connection with the
2
enactment of the Parliamentary Business Resources
3
Act 2017, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Parliamentary Business Resources (Consequential
7
and Transitional Provisions) Act 2017.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The later of:
(a) immediately after the commencement of
section 3 of the Independent
Parliamentary Expenses Authority Act
2017; and
(b) the commencement of section 3 of the
Parliamentary Business Resources Act
2017.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
3. Schedule 1,
Part 2
At the same time as section 3 of the
Parliamentary Business Resources Act 2017
commences.
However, the provisions do not commence
at all if that section does not commence.
4. Schedule 1,
Part 3
The later of:
(a) immediately after the commencement of
Schedule 1 to the Independent
Parliamentary Expenses Authority
(Consequential Amendments) Act 2017;
and
(b) the commencement of section 3 of the
Parliamentary Business Resources Act
2017.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
5. Schedules 2
and 3
At the same time as section 3 of the
Parliamentary Business Resources Act 2017
commences.
However, the provisions do not commence
at all if that section does not commence.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1 Amendments
Part 1 Amendment of the Independent Parliamentary Expenses Authority Act 2017
4
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
Schedule 1--Amendments
1
Part 1--Amendment of the Independent
2
Parliamentary Expenses Authority Act 2017
3
Independent Parliamentary Expenses Authority Act 2017
4
1 Section 3
5
Omit:
6
•
The Authority has functions relating to:
7
(a)
the work expenses, travel expenses and travel
8
allowances of members of parliament; and
9
(b)
certain travel expenses of former members of
10
parliament; and
11
(c)
the travel expenses and travel allowances of persons
12
employed under Part III or IV of the Members of
13
Parliament (Staff) Act 1984.
14
•
Those functions include:
15
(a)
giving advice about travel expenses and travel
16
allowances; and
17
(b)
monitoring travel expenses and travel allowances; and
18
(c)
preparing regular reports relating to work expenses,
19
travel expenses and travel allowances; and
20
(d)
audits relating to work expenses, travel expenses and
21
travel allowances; and
22
(e)
processing claims relating to travel expenses and travel
23
allowances.
24
substitute:
25
•
The Authority has functions relating to:
26
(a)
the work resources and travel resources (which are
27
travel expenses and travel allowances) of members of
28
parliament; and
29
(b)
certain resources of former members of parliament; and
30
Amendments Schedule 1
Amendment of the Independent Parliamentary Expenses Authority Act 2017 Part 1
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
5
(c)
the travel resources of persons employed under Part III
1
or IV of the Members of Parliament (Staff) Act 1984.
2
•
Those functions include:
3
(a)
giving advice about travel resources; and
4
(b)
monitoring travel resources; and
5
(c)
preparing regular reports relating to work resources and
6
travel resources; and
7
(d)
audits relating to work resources and travel resources;
8
and
9
(e)
processing claims relating to travel resources; and
10
(f)
giving rulings relating to travel resources.
11
2 Section 4
12
Before "In this Act:", insert "(1)".
13
3 Section 4
14
Repeal the following definitions:
15
(a) the definition of designated parliamentary benefit;
16
(b) the definition of designated parliamentary travel benefit.
17
4 Section 4 (definition of member of parliament)
18
Repeal the definition, substitute:
19
member of parliament means:
20
(a) a senator; or
21
(b) a member of the House of Representatives; or
22
(c) a Minister of State who is not a senator or member of the
23
House of Representatives; or
24
(d) a person who is taken to be the President of the Senate under
25
the Parliamentary Presiding Officers Act 1965 and who is
26
not a senator or member of the House of Representatives; or
27
(e) a person who is taken to be the Speaker of the House of
28
Representatives under the Parliamentary Presiding Officers
29
Act 1965 and who is not a senator or member of the House of
30
Representatives.
31
Schedule 1 Amendments
Part 1 Amendment of the Independent Parliamentary Expenses Authority Act 2017
6
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
5 Section 4
1
Repeal the following definitions:
2
(a) the definition of MOPS travel allowance;
3
(b) the definition of MOPS travel expenditure matter;
4
(c) the definition of MOPS travel expense.
5
6 Section 4
6
Insert:
7
MOPS travel resource means:
8
(a) an expense that is:
9
(i) incurred in connection with travel by a MOPS staff
10
member at the expense of the Commonwealth; and
11
(ii) authorised by or under, or by an agreement made under,
12
a law of the Commonwealth (other than this Act); or
13
(b) an allowance that is:
14
(i) payable to a MOPS staff member in connection with
15
travel by the MOPS staff member; and
16
(ii) authorised by or under, or by an agreement made under,
17
a law of the Commonwealth (other than this Act).
18
7 Section 4
19
Repeal the following definitions:
20
(a) the definition of MP travel allowance;
21
(b) the definition of MP travel expenditure matter;
22
(c) the definition of MP travel expense;
23
(d) the definition of MP travel expenses law.
24
8 Section 4
25
Insert:
26
MP travel resource means:
27
(a) a travel expense payable under section 30 of the
28
Parliamentary Business Resources Act 2017; or
29
(b) a travel allowance payable under section 31 of that Act; or
30
Amendments Schedule 1
Amendment of the Independent Parliamentary Expenses Authority Act 2017 Part 1
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
7
(c) an allowance or expense in connection with the travel of a
1
former member of parliament that is payable under section 15
2
of that Act; or
3
(d) a Parliamentary Retirement Travel Entitlement under the
4
Parliamentary Retirement Travel Act 2002.
5
9 Section 4
6
Repeal the following definitions:
7
(a) the definition of MP work expense;
8
(b) the definition of MP work expense matter;
9
(c) the definition of MP work expenses law.
10
10 Section 4
11
Insert:
12
MP work resource means:
13
(a) MP travel resource; or
14
(b) an allowance or expense that is payable under section 15 of
15
the Parliamentary Business Resources Act 2017; or
16
(c) goods, services, premises, equipment or any other facility
17
that is provided under section 16 of that Act; or
18
(d) a public resource that is provided by the Commonwealth
19
under Part 3 of that Act.
20
11 Section 4
21
Repeal the following definitions:
22
(a) the definition of spouse;
23
(b) the definition of transition time.
24
12 At the end of section 4
25
Add:
26
(2) To avoid doubt, a reference in this Act to an amount or resource
27
(however described) that is payable or provided under this or any
28
other Act includes an amount or resource that is purportedly
29
payable or provided under that Act.
30
Schedule 1 Amendments
Part 1 Amendment of the Independent Parliamentary Expenses Authority Act 2017
8
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
13 Section 5 (heading)
1
Repeal the heading, substitute:
2
5 Expenses or allowances in connection with travel
3
14 Subsection 5(1)
4
Omit "the following are examples of benefits or expenses in connection
5
with travel", substitute "expenses or allowances in connection with
6
travel include expenses or allowances that relate to the following costs".
7
15 After paragraph 5(1)(a)
8
Insert:
9
(aa) the cost of taxis or other local transport in connection with
10
travel;
11
16 Subsection 5(2)
12
Omit "The following are examples of benefits or expenses in
13
connection with travel overseas", substitute "Expenses or allowances in
14
connection with travel overseas include expenses or allowances that
15
relate to the following costs".
16
17 Section 10
17
Omit:
18
•
The Authority has functions relating to:
19
(a)
the work expenses, travel expenses and travel
20
allowances of members of parliament; and
21
(b)
certain travel expenses of former members of
22
parliament; and
23
(c)
the travel expenses and travel allowances of persons
24
employed under Part III or IV of the Members of
25
Parliament (Staff) Act 1984.
26
•
Those functions include:
27
(a)
giving advice about travel expenses and travel
28
allowances; and
29
(b)
monitoring travel expenses and travel allowances; and
30
Amendments Schedule 1
Amendment of the Independent Parliamentary Expenses Authority Act 2017 Part 1
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
9
(c)
preparing regular reports relating to work expenses,
1
travel expenses and travel allowances; and
2
(d)
audits relating to work expenses, travel expenses and
3
travel allowances; and
4
(e)
processing claims relating to travel expenses and travel
5
allowances.
6
substitute:
7
•
The Authority has functions relating to:
8
(a)
the work resources and travel resources (which are
9
travel expenses and travel allowances) of members of
10
parliament; and
11
(b)
certain resources of former members of parliament; and
12
(c)
the travel resources of persons employed under Part III
13
or IV of the Members of Parliament (Staff) Act 1984.
14
•
Those functions include:
15
(a)
giving advice about travel resources; and
16
(b)
monitoring travel resources; and
17
(c)
preparing regular reports relating to work resources and
18
travel resources; and
19
(d)
audits relating to work resources and travel resources;
20
and
21
(e)
processing claims relating to travel resources; and
22
(f)
giving rulings relating to travel resources.
23
18 Section 12
24
Repeal the section, substitute:
25
12 Functions of the Authority
26
(1) The Authority has the following functions:
27
(a) to give personal advice:
28
(i) to members and former members of parliament about
29
matters relating to MP travel resources; and
30
Schedule 1 Amendments
Part 1 Amendment of the Independent Parliamentary Expenses Authority Act 2017
10
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
(ii) to MOPS staff members about matters relating to MOPS
1
travel resources;
2
(b) to issue general advisory documents about matters relating
3
to:
4
(i) MP travel resources; and
5
(ii) MOPS travel resources;
6
(c) if the Authority considers that a particular general advisory
7
document should be published--publish that general
8
advisory document on the Authority's website;
9
(d) to monitor matters relating to:
10
(i) MP travel resources; and
11
(ii) MOPS travel resources;
12
(e) to prepare regular reports about matters relating to:
13
(i) MP work resources; and
14
(ii) MOPS travel resources;
15
(f) to publish reports prepared under paragraph (e) on the
16
Authority's website;
17
(g) to prepare other such reports as the Authority considers
18
appropriate about matters relating to:
19
(i) MP work resources; and
20
(ii) MOPS travel resources;
21
(h) if the Authority considers that a particular report prepared
22
under paragraph (g) should be published--publish that report
23
on the Authority's website;
24
(i) to conduct, or arrange for the conduct of, such audits as the
25
Authority considers appropriate of matters relating to:
26
(i) MP work resources; and
27
(ii) MOPS travel resources;
28
(j) to process claims, on behalf of the Commonwealth, for:
29
(i) MP travel resources; and
30
(ii) MOPS travel resources;
31
(k) on behalf of the Commonwealth, to incur expenses relating
32
to, to pay or to provide MP travel resources;
33
(l) on behalf of the Commonwealth, to incur expenses relating to
34
MOPS travel resources;
35
Amendments Schedule 1
Amendment of the Independent Parliamentary Expenses Authority Act 2017 Part 1
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
11
(m) to give rulings relating to MP travel resources under
1
section 37 of the Parliamentary Business Resources Act
2
2017;
3
(n) if a law of the Commonwealth authorises the Authority to
4
give rulings relating to MOPS travel resources--to give those
5
rulings;
6
(o) on behalf of the Commonwealth, to recover (whether by way
7
of set-off or otherwise) overpayments, repayments and cost
8
recovery payments relating to:
9
(i) MP travel resources; and
10
(ii) MOPS travel resources;
11
(p) such functions (if any) as are conferred on the Authority by
12
any other law of the Commonwealth;
13
(q) such other functions (if any) as are prescribed by the
14
legislative rules;
15
(r) to do anything incidental to or conducive to the performance
16
of any of the above functions.
17
Reports may include personal information
18
(2) A report under any of paragraphs (1)(e) to (h) may include
19
personal information (within the meaning of the Privacy Act 1988).
20
Note:
Each of those paragraphs constitutes an authorisation for the purposes
21
of the Privacy Act 1988 and other laws.
22
Certain agency functions are not exclusive
23
(3) Paragraphs (1)(k) and (l) do not, by implication, prevent an agent
24
of the Commonwealth (other than the Authority) from having the
25
authority to incur an expense of the kind referred to in those
26
paragraphs on behalf of the Commonwealth.
27
Functions cover claims
28
(4) To avoid doubt, a reference to MP travel resources, MP work
29
resources or MOPS travel resources includes a reference to a claim
30
for such resources.
31
19 Paragraphs 33(1)(a) and (b)
32
Repeal the paragraphs, substitute:
33
Schedule 1 Amendments
Part 1 Amendment of the Independent Parliamentary Expenses Authority Act 2017
12
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
(a) matters relating to MP work resources; or
1
(b) matters relating to MOPS travel resources.
2
20 Subsection 53(1)
3
Omit "paragraph 12(1)(d), (e), (f), (s), (t) or (u)", substitute "any of
4
paragraphs 12(1)(e) to (i)".
5
21 Section 63
6
Repeal the section, substitute:
7
63 Transitional legislative rules
8
The legislative rules may prescribe matters of a transitional nature
9
relating to the abolition of the body known as the Independent
10
Parliamentary Expenses Authority that was established as an
11
Executive Agency under section 65 of the Public Service Act 1999.
12
Amendments Schedule 1
Other amendments Part 2
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
13
Part 2--Other amendments
1
Age Discrimination Act 2004
2
22 Schedule 1 (table item 38)
3
Omit "Parliamentary Entitlements Act 1990", substitute "Parliamentary
4
Business Resources Act 2017".
5
Ministers of State Act 1952
6
23 Title
7
Omit "and to make provision for their Salaries and Allowances".
8
24 At the end of section 4
9
Add:
10
Note:
For the annual limit on the sum payable for the salaries of Ministers of
11
State, see section 55 of the Parliamentary Business Resources Act
12
2017.
13
25 Sections 5 and 6
14
Repeal the sections.
15
Parliamentary Contributory Superannuation Act 1948
16
26 Subsection 4(1) (definition of allowance by way of salary)
17
Repeal the definition, substitute:
18
allowance by way of salary means office holder's salary (within
19
the meaning of the Parliamentary Business Resources Act 2017),
20
excluding any portion determined under paragraph 45(3)(b) of that
21
Act as not being allowance by way of salary for the purposes of
22
this Act.
23
27 Subsection 4(1) (definition of office holder)
24
Repeal the definition, substitute:
25
Schedule 1 Amendments
Part 2 Other amendments
14
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
office holder means an office holder (within the meaning of the
1
Parliamentary Business Resources Act 2017) to whom a
2
parliamentary allowance is payable.
3
28 Subsection 4(1) (paragraph (b) of the definition of
4
parliamentary allowance)
5
After "Parliamentary Allowances Act 1952", insert ", as in force at any
6
time before the commencement of the Parliamentary Business
7
Resources Act 2017".
8
29 Subsection 4(1) (paragraph (d) of the definition of
9
parliamentary allowance)
10
Repeal the paragraph, substitute:
11
(d) parliamentary base salary (within the meaning of the
12
Remuneration Tribunal Act 1973, as in force at any time
13
before the commencement of the Parliamentary Business
14
Resources Act 2017), excluding any portion determined in a
15
determination that is in force under subsection 7(1A) of the
16
Remuneration Tribunal Act 1973 at any time before that
17
commencement; or
18
(e) base salary (within the meaning of the Parliamentary
19
Business Resources Act 2017), excluding any portion
20
determined under paragraph 45(3)(a) of that Act as not being
21
parliamentary allowance for the purposes of this Act.
22
30 Subsection 4(1) (definition of salary)
23
Repeal the definition, substitute:
24
salary, in relation to a Minister of State, means Ministerial salary
25
(within the meaning of the Parliamentary Business Resources Act
26
2017), excluding any portion determined under subsection 45(5) of
27
that Act as not being salary for the purposes of this Act.
28
31 Paragraph 4(5)(c)
29
After "Parliamentary Allowances Act 1952", insert ", as in force at any
30
time before the commencement of the Parliamentary Business
31
Resources Act 2017".
32
Amendments Schedule 1
Other amendments Part 2
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
15
32 At the end of subsection 4(5)
1
Add:
2
; or (d) section 49 of the Parliamentary Business Resources Act
3
2017.
4
33 Subsection 18(12)
5
Omit "Part 1 of Schedule 3 to the Remuneration and Allowances Act
6
1990", substitute "Division 3 of Part 2 of the Parliamentary Business
7
Resources Act 2017".
8
34 Subsection 21B(1) (paragraph (b) of the definition of
9
remuneration)
10
Repeal the paragraph, substitute:
11
(b) any remuneration payable under section 14 of the
12
Parliamentary Business Resources Act 2017.
13
35 Subsections 21B(3B) and 22T(1A)
14
Omit "Part 1 of Schedule 3 to the Remuneration and Allowances Act
15
1990", substitute "Division 3 of Part 2 of the Parliamentary Business
16
Resources Act 2017".
17
36 Paragraph 22T(5)(a)
18
Omit "subsection 7(1A) or (1B) of the Remuneration Tribunal Act
19
1973", substitute "paragraph 45(3)(a) or (b) of the Parliamentary
20
Business Resources Act 2017".
21
37 Paragraph 22T(5)(b)
22
Omit "subsection 7(1)", substitute "subsection 45(1)".
23
38 Paragraph 22T(6)(a)
24
Omit "subsection 7(2A) of the Remuneration Tribunal Act 1973",
25
substitute "subsection 45(5) of the Parliamentary Business Resources
26
Act 2017".
27
39 Subclause 4(3) of Schedule 1
28
Omit "Part 1 of Schedule 3 to the Remuneration and Allowances Act
29
1990", substitute "Division 3 of Part 2 of the Parliamentary Business
30
Resources Act 2017".
31
Schedule 1 Amendments
Part 2 Other amendments
16
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
Parliamentary Retirement Travel Act 2002
1
40 Section 4
2
Insert:
3
Remuneration Tribunal Minister means the Minister who
4
administers the Remuneration Tribunal Act 1973.
5
41 Section 26
6
Omit "determined from time to time by the Remuneration Tribunal",
7
substitute "prescribed under section 30 of the Parliamentary Business
8
Resources Act 2017".
9
42 Before subsection 30(1)
10
Insert:
11
(1A) The Remuneration Tribunal may make a determination for the
12
purposes of this Act.
13
43 Subsections 30(1) and (2)
14
After "Remuneration Tribunal", insert "under subsection (1A)".
15
44 Subsection 30(3)
16
After "determination", insert "under subsection (1A)".
17
45 Subsection 30(4)
18
Repeal the subsection.
19
46 Paragraph 30(5)(b)
20
After "section", insert "and whether made under subsection (1A) or any
21
other Act".
22
47 After section 30
23
Insert:
24
30AA Requirements for determinations
25
(1) A determination of the Remuneration Tribunal under section 30
26
must be in writing.
27
Amendments Schedule 1
Other amendments Part 2
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
17
Commencement of the determination
1
(2) The determination comes into operation on:
2
(a) the day specified in the determination; or
3
(b) the day an event specified in the determination occurs or
4
occurred.
5
Dealing with the determination once made
6
(3) The Tribunal must give the Remuneration Tribunal Minister a copy
7
of the determination.
8
(4) The Tribunal must ensure that its reasons for making the
9
determination are published on its website and notified to the
10
Remuneration Tribunal Minister.
11
Legislative instrument
12
(5) The determination is a legislative instrument, but section 42
13
(disallowance) of the Legislation Act 2003 does not apply to the
14
determination.
15
Parliamentary Superannuation Act 2004
16
48 Section 3 (definition of allowance by way of salary)
17
Repeal the definition, substitute:
18
allowance by way of salary means office holder's salary (within
19
the meaning of the Parliamentary Business Resources Act 2017).
20
49 Section 3 (definition of office holder)
21
Repeal the definition, substitute:
22
office holder means an office holder (within the meaning of the
23
Parliamentary Business Resources Act 2017) to whom a
24
parliamentary allowance is payable.
25
50 Section 3 (paragraph (b) of the definition of parliamentary
26
allowance)
27
After "Remuneration Tribunal Act 1973", insert ", as in force before the
28
commencement of the Parliamentary Business Resources Act 2017".
29
Schedule 1 Amendments
Part 2 Other amendments
18
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
51 Section 3 (at the end of the definition of parliamentary
1
allowance)
2
Add:
3
; or (c) base salary (within the meaning of the Parliamentary
4
Business Resources Act 2017).
5
52 Section 3 (definition of salary)
6
Repeal the definition, substitute:
7
salary, in relation to a Minister of State, means Ministerial salary
8
(within the meaning of the Parliamentary Business Resources Act
9
2017).
10
53 Subsection 8(3)
11
Omit "Part 1 of Schedule 3 to the Remuneration and Allowances Act
12
1990", substitute "Division 3 of Part 2 of the Parliamentary Business
13
Resources Act 2017".
14
Remuneration and Allowances Act 1990
15
54 Subsection 3(5)
16
Repeal the subsection.
17
55 Sections 6 and 7
18
Repeal the sections.
19
56 Schedules 3 and 4
20
Repeal the Schedules.
21
Remuneration Tribunal Act 1973
22
57 Subsection 3(1) (definition of additional Parliamentary
23
office holder salary)
24
Repeal the definition.
25
58 Subsection 3(1) (definition of parliamentary base salary)
26
Repeal the definition.
27
Amendments Schedule 1
Other amendments Part 2
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
19
59 After subsection 5(2D)
1
Insert:
2
(2E) The Parliamentary Business Resources Act 2017 may confer
3
additional functions on the Tribunal.
4
60 Section 6 (heading)
5
Repeal the heading, substitute:
6
6 Inquiries and reports by the Tribunal into the salaries of officers
7
of higher education institutions
8
61 Subsection 6(1)
9
Repeal the subsection.
10
62 Subsection 6(3)
11
Omit "(1) or".
12
63 Subsections 7(1) to (2A)
13
Repeal the subsections.
14
64 Subsection 7(4)
15
Omit "(1), (2),".
16
65 Subsection 7(5G)
17
Repeal the subsection.
18
66 Subsection 7(7)
19
Omit "that is referred to in subsection (8AA) or".
20
67 Subsection 7(8AA)
21
Repeal the subsection.
22
68 Section 7A
23
Repeal the section.
24
Schedule 1 Amendments
Part 2 Other amendments
20
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
69 Paragraph 8(1)(a)
1
Omit "subsections 6(1) and (2A)", substitute "subsection 6(2A)".
2
70 Paragraph 8(1)(b)
3
Omit "subsections 7(1), (2) and (3)", substitute "subsection 7(3)".
4
Safety, Rehabilitation and Compensation Act 1988
5
71 Section 69 (note)
6
Omit "Parliamentary Entitlements Act 1990", substitute "Parliamentary
7
Business Resources Act 2017".
8
72 Subsections 73(1) and 73A(1)
9
Omit "Parliamentary Entitlements Act 1990", substitute "Parliamentary
10
Business Resources Act 2017".
11
73 Subparagraph 91(3)(a)(vi)
12
Omit "Parliamentary Entitlements Act 1990", substitute "Parliamentary
13
Business Resources Act 2017".
14
Amendments Schedule 1
Contingent amendments Part 3
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
21
Part 3--Contingent amendments
1
Freedom of Information Act 1982
2
74 Division 1 of Part II of Schedule 2 (item dealing with
3
Independent Parliamentary Expenses Authority)
4
Omit "or (p)" (wherever occurring).
5
Schedule 2 Repeals
22
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
Schedule 2--Repeals
1
2
Parliamentary Allowances Act 1952
3
1 The whole of the Act
4
Repeal the Act.
5
Parliamentary Entitlements Act 1990
6
2 The whole of the Act
7
Repeal the Act.
8
Application and transitional provisions Schedule 3
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
23
Schedule 3--Application and transitional
1
provisions
2
3
1 Interpretation
4
(1)
In this Schedule, PBR Act means the Parliamentary Business Resources
5
Act 2017.
6
(2)
An expression that is defined in the PBR Act has the same meaning in
7
this Schedule as it has in that Act.
8
2 Application of Part 2 of the Parliamentary Business
9
Resources Act 2017 (remuneration etc.)
10
Division 2 of Part 2 of the PBR Act (remuneration etc.)
11
(1)
Division 2 of Part 2 of the PBR Act applies in relation to:
12
(a) remuneration that is payable or to be provided in relation to
13
the day this item commences and later days; and
14
(b) expenses and allowances that are payable under section 15 of
15
that Act in relation to the day this item commences and later
16
days; and
17
(c) goods, services, premises, equipment and any other facility to
18
be provided under section 16 of that Act in relation to the day
19
this item commences and later days.
20
Division 3 of Part 2 of the PBR Act (salary sacrifice)
21
(2)
Section 21 of the PBR Act applies in relation to calendar months that
22
commence at or after the commencement of this item.
23
(3)
An election described in clause 1D of Schedule 3 to the Remuneration
24
and Allowances Act 1990 that is in force immediately before the
25
commencement of this item is taken, after that commencement, to be an
26
election described in section 18 of the PBR Act.
27
(4)
The repeal of clause 1G of Schedule 3 to the Remuneration and
28
Allowances Act 1990 made by Schedule 1 to this Act applies in relation
29
to calendar months that commence at or after the commencement of this
30
item.
31
Schedule 3 Application and transitional provisions
24
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
3 Application of other Parts of the Parliamentary Business
1
Resources Act 2017
2
Divisions 2 and 3 of Part 3 of the PBR Act (work expenses,
3
allowances and other public resources)
4
(1)
Divisions 2 and 3 of Part 3 of the PBR Act apply in relation to claims
5
made, and expenses incurred, after the commencement of this item in
6
relation to parliamentary business conducted after that commencement.
7
Division 3 of Part 4 of the PBR Act (public resources penalty
8
scheme)
9
(2)
Division 3 of Part 4 of the PBR Act applies in relation to public
10
resources provided after the commencement of this item.
11
Section 55 of the PBR Act (annual limit on Ministerial salaries)
12
(3)
Section 55 of the PBR Act applies in relation to financial years that end
13
after the commencement of this item.
14
4 Continuation of Parliamentary injury compensation scheme
15
New injuries, diseases, aggravations, losses or damage
16
(1)
An instrument that is in force under section 9A of the Parliamentary
17
Entitlements Act 1990 immediately before the commencement of this
18
item is taken, after that commencement, to have been made under
19
section 41 of the PBR Act.
20
(2)
That instrument applies, in accordance with subitem (3) and any
21
regulations made for the purposes of subitem (5), in relation to:
22
(a) injuries that occur, and diseases that are suffered, after the
23
commencement of this item in connection with an activity
24
occurring:
25
(i) after that commencement; or
26
(ii) both before, and on or after, that commencement
27
(whether the activity spans the commencement or
28
occurs during separate periods before and on or after
29
that date); and
30
(b) deaths that result from such injuries and diseases; and
31
(c) aggravations of such injuries and diseases; and
32
Application and transitional provisions Schedule 3
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
25
(d) loss of, or damage to property, that occurred after the
1
commencement of this item.
2
(3)
That instrument applies as if a reference to the expression in column 1
3
of an item of the following table included a reference to the expression
4
in column 2 of that item.
5
6
Translating references in the Parliamentary injury compensation scheme
instrument
Item
Column 1
Column 2
1
member within the meaning of the
Parliamentary Entitlements Act
1990
member within the meaning of the
PBR Act
2
Parliamentary activities
parliamentary business
3
Parliamentary allowance
base salary, office holder's salary or
Ministerial salary within the
meaning of the PBR Act
4
parliamentary base salary within the
meaning of Part II of the
Remuneration Tribunal Act 1973
base salary within the meaning of
the PBR Act
5
additional Parliamentary office
holder salary within the meaning of
Part II of the Remuneration Tribunal
Act 1973
office holder's salary within the
meaning of the PBR Act
Old injuries, diseases, aggravations, losses or damage
7
(4)
Despite the repeal of section 9A of the Parliamentary Entitlements Act
8
1990 by Schedule 2 to this Act, the instrument made under that section,
9
as in force immediately before that repeal, continues to apply, in
10
accordance with any regulations made for the purposes of subitem (5),
11
in relation to:
12
(a) injuries that occurred, and diseases that were suffered, in
13
connection with an activity (except an activity covered by
14
subparagraph (2)(a)(ii)) occurring before that
15
commencement, whether those injuries or diseases occur
16
before or after the commencement of this item; and
17
(b) deaths that result from such injuries and diseases, whether
18
those deaths occur before or after that commencement; and
19
Schedule 3 Application and transitional provisions
26
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
(c) aggravations of such injuries and diseases, whether those
1
aggravations occur before or after that commencement; and
2
(d) loss of, or damage to property, that occurred before the
3
commencement of this item.
4
Modifications power
5
(5)
The regulations may provide that the Parliamentary injury
6
compensation scheme, as it applies under subitem (2) or (4), has effect
7
with any modifications prescribed by the regulations.
8
Note:
The regulations may also modify the effect of this item during the first 12 months after
9
it commences (see item 11).
10
(6)
Subitem (5) does not limit the regulations that may be made in relation
11
to the Parliamentary injury compensation scheme under item 11.
12
(7)
To avoid doubt, this item does not prevent an instrument being made
13
under section 41 of the PBR Act.
14
(8)
Subsection 12(2) of the Legislation Act 2003 does not apply to the first
15
instrument made under section 41 of the PBR Act after the
16
commencement of this item.
17
Note:
Subsection 12(2) of the Legislation Act 2003 is about the retrospective
18
application of legislative instruments.
19
5 Approvals in force
20
If:
21
(a) immediately before the commencement of this item, an
22
approval is in force in relation to an allowance or benefit
23
under the Parliamentary Allowances Act 1952 or the
24
Parliamentary Entitlements Act 1990 that is payable to a
25
member or former member; and
26
(b) after that commencement, the Commonwealth is liable under
27
the PBR Act to provide public resources, or resources under
28
Part 5, equivalent to the allowance or benefit to the member
29
or former member;
30
the approval is taken, after that commencement, to have been given in
31
relation to the provision of those resources to the member or former
32
member.
33
Application and transitional provisions Schedule 3
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
27
6 Application of the repeal of the Parliamentary Allowances
1
Act 1952 and the Parliamentary Entitlements Act 1990
2
(1)
This item applies in relation to the repeal of the following provisions:
3
(a) the Parliamentary Allowances Act 1952;
4
(b) the Parliamentary Entitlements Act 1990, except section 9A
5
of that Act;
6
(c) any instruments made under those Acts, except the
7
Parliamentary injury compensation scheme made under
8
section 9A of the Parliamentary Entitlements Act 1990;
9
as in force immediately before the commencement of this item.
10
(2)
Despite those repeals, those provisions continue to apply in relation to:
11
(a) allowances and benefits to which a person became entitled
12
under those provisions before the commencement of this
13
item; and
14
(b) allowances and benefits to which a person becomes entitled
15
under those provisions, after the commencement of this item,
16
in relation to activities conducted before that commencement;
17
including allowances and benefits payable to a person as a result of
18
section 10A of the Parliamentary Entitlements Act 1990.
19
Note:
Subitem (2) covers remuneration in relation to days before the commencement of this
20
item.
21
(3)
For the purposes of subitem (2), a person is taken to have become
22
entitled to a benefit before the commencement of this item if:
23
(a) the benefit relates to a return journey of travel; and
24
(b) the journey began before that commencement.
25
7 Application of amendments of the Independent
26
Parliamentary Expenses Authority Act 2017
27
(1)
Despite the repeal of section 12 and subsections 63(1) to (7) of the
28
Independent Parliamentary Expenses Authority Act 2017 by Schedule 1
29
to this Act, those provisions, as in force immediately before the
30
commencement of Part 1 of Schedule 1 to this Act, continue to apply
31
after that commencement in relation to matters that occurred before that
32
commencement (including in relation to matters that occurred before
33
the commencement of section 3 of the Independent Parliamentary
34
Expenses Authority Act 2017).
35
Schedule 3 Application and transitional provisions
28
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
No. , 2017
(2)
Rules that are in force under subsection 63(8) of the Independent
1
Parliamentary Expenses Authority Act 2017 immediately before the
2
commencement of Part 1 of Schedule 1 to this Act are taken, after that
3
commencement, to be in force under section 63 of that Act (as amended
4
by Schedule 1 to this Act).
5
(3)
Despite the repeal of paragraphs 33(1)(a) and (b) of the Independent
6
Parliamentary Expenses Authority Act 2017 by Schedule 1 to this Act,
7
those paragraphs continue to apply in relation to information or
8
documents that are required before or after the commencement of Part 1
9
of Schedule 1 to this Act relating to MP work expense matters or MOPS
10
travel expenditure matters.
11
(4)
Despite the amendment of subsection 53(1) of the Independent
12
Parliamentary Expenses Authority Act 2017 made by Schedule 1 to this
13
Act, that subsection, as in force immediately before the commencement
14
of Part 1 of Schedule 1 to this Act, continues to apply in relation to
15
notices given before or after the commencement of this item relating to
16
MP work expense matters and MOPS travel expenditure matters.
17
8 Application of amendments of the Age Discrimination Act
18
2004
19
(1)
The amendments of the Age Discrimination Act 2004 made by
20
Schedule 1 to this Act apply in relation to things done by a person after
21
the commencement of this item.
22
(2)
Despite those amendments, that Act, as in force immediately before the
23
commencement of this item, continues to apply in relation to things
24
done after that commencement under the Parliamentary injury
25
compensation scheme (within the meaning of the Parliamentary
26
Entitlements Act 1990), as that scheme continues to apply as a result of
27
this Schedule.
28
9 Application of amendments of the Parliamentary
29
Contributory Superannuation Act 1948 and the
30
Parliamentary Superannuation Act 2004
31
The amendments of the Parliamentary Contributory Superannuation
32
Act 1948 and the Parliamentary Superannuation Act 2004 made by
33
Schedule 1 to this Act apply in relation to calendar months that
34
commence at or after the commencement of this item.
35
Application and transitional provisions Schedule 3
No. , 2017
Parliamentary Business Resources (Consequential and Transitional
Provisions) Bill 2017
29
10 Application of amendments of the Safety, Rehabilitation
1
and Compensation Act 1988
2
(1)
The amendments of section 91 of the Safety, Rehabilitation and
3
Compensation Act 1988 made by Schedule 1 to this Act apply in
4
relation to expenses, charges, obligations and liabilities incurred or
5
undertaken by Comcare under the PBR Act after this item commences.
6
(2)
Despite those amendments, that section, as in force immediately before
7
the commencement of this item, continues to apply in relation to
8
expenses, charges, obligations and liabilities incurred or undertaken by
9
Comcare, after the commencement of this item, under the
10
Parliamentary Entitlements Act 1990 (as it continues to apply as a result
11
of this Schedule).
12
11 Transitional regulations
13
(1)
The Governor-General may make regulations prescribing matters of a
14
transitional nature (including prescribing any saving or application
15
provisions) relating to:
16
(a) the amendments or repeals made by this Act; or
17
(b) the enactment of this Act or the PBR Act.
18
(2)
Regulations made for the purposes of this item may provide that, during
19
or in relation to the first 12 months after the commencement of this
20
item, this Act has effect with any modifications prescribed by the
21
regulations.
22
(3)
Subsection 12(2) of the Legislation Act 2003 does not apply to
23
regulations made for the purposes of subitem (2).
24
Note:
Subsection 12(2) of the Legislation Act 2003 is about the retrospective
25
application of legislative instruments.
26
(4)
This Act does not limit the regulations that may be made for the
27
purposes of subitem (1).
28