Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2016-2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
INDEPENDENT PARLIAMENTARY EXPENSES AUTHORITY (CONSEQUENTIAL AMENDMENTS)
BILL 2017
EXPLANATORY MEMORANDUM
(Circulated by authority of the Special Minister of State, Senator the Hon
Scott Ryan)
INDEPENDENT PARLIAMENTARY EXPENSES AUTHORITY (CONSEQUENTIAL AMENDMENTS)
BILL 2017
OUTLINE
The Independent Parliamentary Expenses Authority (Consequential Amendments)
Bill 2017 would deal with consequential matters that would arise from the
enactment of the Independent Parliamentary Expenses Authority Act 2017.
The Bill would provide exemptions to the freedom of information scheme
established under the Freedom of Information Act 1982 for the Independent
Parliamentary Expenses Authority (the Authority) in relation to documents
requesting that Authority give personal advice relating to parliamentary
work related travel expenses to parliamentarians and their staff and any
other documents concerning the performance of those functions.
Financial impact statement
Nil.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011
Independent Parliamentary Expenses Authority (Consequential Amendments)
Bill 2017
This Bill is compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the Human
Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The Independent Parliamentary Expenses Authority (Consequential Amendments)
Bill 2017 provides exemptions to the freedom of information scheme
established under the Freedom of Information Act 1982 for the Independent
Parliamentary Expenses Authority (the Authority) in relation to documents
requesting that the Authority give personal advice relating to
parliamentary work related travel expenses to parliamentarians and their
staff and any other documents concerning the performance of those
functions.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human
rights issues.
INDEPENDENT PARLIAMENTARY EXPENSES AUTHORITY (CONSEQUENTIAL AMENDMENTS)
BILL 2017
NOTES ON CLAUSES
Clause 1-Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2-Commencement
2. Clause 2 would provide for the commencement of each provision of the
Bill, as set out in the table.
. Item 1 in the table provides that sections 1 to 3 (which concern
the formal aspects of the Bill), as well as anything in the Bill
not covered elsewhere in the table, would commence on the day on
which the Bill receives Royal Assent.
. Item 2 in the table provides that Schedule 1 to the Bill, which
contains the substantive provision of the Bill, would commence at
the same time as section 3 of the Independent Parliamentary
Expenses Authority Act 2017 (IPEA Act), which would be a single day
to be fixed by proclamation, or if it does not commence within
12 months of the day the IPEA Act receives the Royal Assent, it
would commence on the day after the end of that period.
3. Subclause 2(2) would provide that any information in column 3 of the
table is not part of this Bill. Information may be inserted in this
column, or information in it may be edited, in any published version of
this proposed Act.
Clause 3-Schedules
4. Clause 3 would provide that any legislation that is specified in a
Schedule to this Bill would be amended or repealed as set out in the
applicable items in the Schedule concerned, and any other item in a
Schedule to this Bill would have effect according to its terms.
Schedule 1-Amendments
Freedom of Information Act 1982
Item 1-Division 1 of Part II of Schedule 2 (after the item dealing with the
Human Services Department)
5. Item 1 would insert an exemption for the Independent Parliamentary
Expenses Authority (the Authority) from being required to provide
information under the freedom of information scheme established under the
Freedom of Information Act 1982 in relation to documents requesting that
the Authority give personal advice to members of parliament, or to a
person employed under Parts III or IV of the Members of Parliament
(Staff) Act 1984 staff, about travel expenditure matters. In accordance
with paragraph (b), this exemption would extend to any documents that
concern the performance of these personal advice functions.