Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Interpretation
(1) In this Schedule, PBR Act means the Parliamentary Business Resources Act 2017 .
(2) An expression that is defined in the PBR Act has the same meaning in this Schedule as it has in that Act.
2 Application of Part 2 of the Parliamentary Business Resources Act 2017 (remuneration etc.)
Division 2 of Part 2 of the PBR Act (remuneration etc.)
(1) Division 2 of Part 2 of the PBR Act applies in relation to:
(a) remuneration that is payable or to be provided in relation to the day this item commences and later days; and
(b) expenses and allowances that are payable under section 15 of that Act in relation to the day this item commences and later days; and
(c) goods, services, premises, equipment and any other facility to be provided under section 16 of that Act in relation to the day this item commences and later days.
Division 3 of Part 2 of the PBR Act (salary sacrifice)
(2) Section 21 of the PBR Act applies in relation to calendar months that commence at or after the commencement of this item.
(3) An election described in clause 1D of Schedule 3 to the Remuneration and Allowances Act 1990 that is in force immediately before the commencement of this item is taken, after that commencement, to be an election described in section 18 of the PBR Act.
(4) The repeal of clause 1G of Schedule 3 to the Remuneration and Allowances Act 1990 made by Schedule 1 to this Act applies in relation to calendar months that commence at or after the commencement of this item.
3 Application of other Parts of the Parliamentary Business Resources Act 2017
Divisions 2 and 3 of Part 3 of the PBR Act (work expenses, allowances and other public resources)
(1) Divisions 2 and 3 of Part 3 of the PBR Act apply in relation to claims made, and expenses incurred, after the commencement of this item in relation to parliamentary business conducted after that commencement.
Division 3 of Part 4 of the PBR Act (public resources penalty scheme)
(2) Division 3 of Part 4 of the PBR Act applies in relation to public resources provided after the commencement of this item.
Section 55 of the PBR Act (annual limit on Ministerial salaries)
(3) Section 55 of the PBR Act applies in relation to financial years that end after the commencement of this item.
4 Continuation of Parliamentary injury compensation scheme
New injuries, diseases, aggravations, losses or damage
(1) An instrument that is in force under section 9A of the Parliamentary Entitlements Act 1990 immediately before the commencement of this item is taken, after that commencement, to have been made under section 41 of the PBR Act.
(2) That instrument applies, in accordance with subitem (3) and any regulations made for the purposes of subitem (5), in relation to:
(a) injuries that occur, and diseases that are suffered, after the commencement of this item in connection with an activity occurring:
(i) after that commencement; or
(ii) both before, and on or after, that commencement (whether the activity spans the commencement or occurs during separate periods before and on or after that date); and
(b) deaths that result from such injuries and diseases; and
(c) aggravations of such injuries and diseases; and
(d) loss of, or damage to property, that occurred after the commencement of this item.
(3) That instrument applies as if a reference to the expression in column 1 of an item of the following table included a reference to the expression in column 2 of that item.
| 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
(4) Despite the repeal of section 9A of the Parliamentary Entitlements Act 1990 by Schedule 2 to this Act, the instrument made under that section, as in force immediately before that repeal, continues to apply, in accordance with any regulations made for the purposes of subitem (5), in relation to:
(a) injuries that occurred, and diseases that were suffered, in connection with an activity (except an activity covered by subparagraph (2)(a)(ii)) occurring before that commencement, whether those injuries or diseases occur before or after the commencement of this item; and
(b) deaths that result from such injuries and diseases, whether those deaths occur before or after that commencement; and
(c) aggravations of such injuries and diseases, whether those aggravations occur before or after that commencement; and
(d) loss of, or damage to property, that occurred before the commencement of this item.
Modifications power
(5) The regulations may provide that the Parliamentary injury compensation scheme, as it applies under subitem (2) or (4), has effect with any modifications prescribed by the regulations.
Note: The regulations may also modify the effect of this item during the first 12 months after it commences (see item 11).
(6) Subitem (5) does not limit the regulations that may be made in relation to the Parliamentary injury compensation scheme under item 11.
(7) To avoid doubt, this item does not prevent an instrument being made under section 41 of the PBR Act.
(8) Subsection 12(2) of the Legislation Act 2003 does not apply to the first instrument made under section 41 of the PBR Act after the commencement of this item.
Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments.
5 Approvals in force
If:
(a) immediately before the commencement of this item, an approval is in force in relation to an allowance or benefit under the Parliamentary Allowances Act 1952 or the Parliamentary Entitlements Act 1990 that is payable to a member or former member; and
(b) after that commencement, the Commonwealth is liable under the PBR Act to provide public resources, or resources under Part 5, equivalent to the allowance or benefit to the member or former member;
the approval is taken, after that commencement, to have been given in relation to the provision of those resources to the member or former member.
6 Application of the repeal of the Parliamentary Allowances Act 1952 and the Parliamentary Entitlements Act 1990
(1) This item applies in relation to the repeal of the following provisions:
(a) the Parliamentary Allowances Act 1952 ;
(b) the Parliamentary Entitlements Act 1990 , except section 9A of that Act;
(c) any instruments made under those Acts, except the Parliamentary injury compensation scheme made under section 9A of the Parliamentary Entitlements Act 1990 ;
as in force immediately before the commencement of this item.
(2) Despite those repeals, those provisions continue to apply in relation to:
(a) allowances and benefits to which a person became entitled under those provisions before the commencement of this item; and
(b) allowances and benefits to which a person becomes entitled under those provisions, after the commencement of this item, in relation to activities conducted before that commencement;
including allowances and benefits payable to a person as a result of section 10A of the Parliamentary Entitlements Act 1990 .
Note: Subitem (2) covers remuneration in relation to days before the commencement of this item.
(3) For the purposes of subitem (2), a person is taken to have become entitled to a benefit before the commencement of this item if:
(a) the benefit relates to a return journey of travel; and
(b) the journey began before that commencement.
7 Application of amendments of the Independent Parliamentary Expenses Authority Act 2017
(1) Despite the repeal of section 12 and subsections 63(1) to (7) of the Independent Parliamentary Expenses Authority Act 2017 by Schedule 1 to this Act, those provisions, as in force immediately before the commencement of Part 1 of Schedule 1 to this Act, continue to apply after that commencement in relation to matters that occurred before that commencement (including in relation to matters that occurred before the commencement of section 3 of the Independent Parliamentary Expenses Authority Act 2017 ).
(2) Rules that are in force under subsection 63(8) of the Independent Parliamentary Expenses Authority Act 2017 immediately before the commencement of Part 1 of Schedule 1 to this Act are taken, after that commencement, to be in force under section 63 of that Act (as amended by Schedule 1 to this Act).
(3) Despite the repeal of paragraphs 33(1)(a) and (b) of the Independent Parliamentary Expenses Authority Act 2017 by Schedule 1 to this Act, those paragraphs continue to apply in relation to information or documents that are required before or after the commencement of Part 1 of Schedule 1 to this Act relating to MP work expense matters or MOPS travel expenditure matters.
(4) Despite the amendment of subsection 53(1) of the Independent Parliamentary Expenses Authority Act 2017 made by Schedule 1 to this Act, that subsection, as in force immediately before the commencement of Part 1 of Schedule 1 to this Act, continues to apply in relation to notices given before or after the commencement of this item relating to MP work expense matters and MOPS travel expenditure matters.
8 Application of amendments of the Age Discrimination Act 2004
(1) The amendments of the Age Discrimination Act 2004 made by Schedule 1 to this Act apply in relation to things done by a person after the commencement of this item.
(2) Despite those amendments, that Act, as in force immediately before the commencement of this item, continues to apply in relation to things done after that commencement under the Parliamentary injury compensation scheme (within the meaning of the Parliamentary Entitlements Act 1990 ), as that scheme continues to apply as a result of this Schedule.
9 Application of amendments of the Parliamentary Contributory Superannuation Act 1948 and the Parliamentary Superannuation Act 2004
The amendments of the Parliamentary Contributory Superannuation Act 1948 and the Parliamentary Superannuation Act 2004 made by Schedule 1 to this Act apply in relation to calendar months that commence at or after the commencement of this item.
10 Application of amendments of the Safety, Rehabilitation and Compensation Act 1988
(1) The amendments of section 91 of the Safety, Rehabilitation and Compensation Act 1988 made by Schedule 1 to this Act apply in relation to expenses, charges, obligations and liabilities incurred or undertaken by Comcare under the PBR Act after this item commences.
(2) Despite those amendments, that section, as in force immediately before the commencement of this item, continues to apply in relation to expenses, charges, obligations and liabilities incurred or undertaken by Comcare, after the commencement of this item, under the Parliamentary Entitlements Act 1990 (as it continues to apply as a result of this Schedule).
11 Transitional regulations
(1) The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a) the amendments or repeals made by this Act; or
(b) the enactment of this Act or the PBR Act.
(2) Regulations made for the purposes of this item may provide that, during or in relation to the first 12 months after the commencement of this item, this Act has effect with any modifications prescribed by the regulations.
(3) Subsection 12(2) of the Legislation Act 2003 does not apply to regulations made for the purposes of subitem (2).
Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments.
(4) This Act does not limit the regulations that may be made for the purposes of subitem (1).