Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 37, 2017
Compilation No. 4
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Parliamentary Business Resources Act 2017 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
Division 1--General provisions
1 Short title
2 Commencement
3 Objects of this Act
4 Simplified outline of this Act
Division 2--Definitions
5 Definitions
6 Meaning of parliamentary business
7 Meaning of office holder
8 Meaning of complying superannuation fund
9 Expenses incurred in connection with travel
Division 3--Other matters
10 Act binds the Crown
11 Extension to external Territories
12 Extra-territorial operation
Part 2--Remuneration etc. for members and former members
Division 1--Simplified outline of this Part
13 Simplified outline of this Part
Division 2--Remuneration etc. for members and former members
14 Remuneration of members
15 Allowances and expenses etc. for former members and the estates of persons who die while a member
16 Resources for former Prime Ministers etc.
Division 3--Salary sacrifice
17 When may a person elect to salary sacrifice?
18 The nature of the salary sacrifice election
19 How to make an election
20 Duration of an election
21 Effect of an election
22 Variation of an election
23 Revocation of an election
Part 3--Work expenses, allowances and other public resources
Division 1--Simplified outline of this Part
24 Simplified outline of this Part
Division 2--Obligations in relation to the use of public resources
25 Obligations in relation to the use of public resources for conducting parliamentary business
26 Dominant purpose test
27 Obligation to ensure value for money in incurring expenses or claiming allowances or other public resources
28 Obligation not to make claims or incur expenses in breach of conditions
29 Commonwealth not liable to provide resources if there is a contravention
Division 3--Work expenses, allowances and other public resources
30 Commonwealth must pay travel expenses
31 Commonwealth must pay travel allowances
32 Commonwealth must pay work expenses and provide other public resources
33 Commonwealth must provide public resources determined by the Minister
Division 4--Powers of regulations
34 Powers of regulations
35 Remuneration Tribunal inquiries into matters
Part 4--Compliance with and enforcement of Part 3
Division 1--Simplified outline of this Part
36 Simplified outline of this Part
Division 2--Rulings in relation to travel expenses and travel allowances
37 Rulings in relation to travel expenses and travel allowances
Division 3--Public resources penalty scheme
38 Loading in respect of contraventions of section 26, 27 or 28
39 Loading in respect of voluntary repayments
Part 5--Other resources
40 Simplified outline of this Part
41 Parliamentary injury compensation scheme
42 Other resources
Part 6--Functions of the Remuneration Tribunal
43 Simplified outline of this Part
44 Inquiries and reports by Tribunal on Ministerial salaries
45 Inquiries and determinations by Tribunal on members' remuneration and rates of domestic travel allowances
46 Inquiries and determinations into allowances and expenses for former members
46A Inquiries and determinations into allowances payable on death of a member
47 Requirements for determinations
Part 7--Miscellaneous
Division 1--Simplified outline of this Part
48 Simplified outline of this Part
Division 2--When remuneration and public resources are to be provided
49 When remuneration is to be paid to senators and members of the House of Representatives
50 When office holder's salary is to be paid to certain presiding officers and deputies
51 When office holder's salary is to be paid to certain office holders
52 When public resources are to be provided
Division 2A--Fortnightly payments to senators and members
52A Fortnightly payments to senators and members
Division 3--Annual amounts of resources
53 Annual amounts reduced if a person begins to be a member during a year
54 Using full annual limits
55 Annual limit on Ministerial salaries
Division 4--Other miscellaneous provisions
56 Independent periodic review of this Act
57 Recoverable payments
58 No debts arise as a result of incorrect personal advice given by IPEA
59 Appropriation
60 Delegations
61 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
37, 2017 | 19 May 2017 | 1 Jan 2018 (s 2(1) item 1) |
| |
13, 2021 | 1 Mar 2021 | Sch 2 (item 669): 1 Sept 2021 (s 2(1) item 5) | -- | |
31, 2024 | 30 May 2024 | Sch 1 (items 23, 26, 33, 35-41, 64): 1 July 2025 (s 2(1) item 2) | Sch 1 (item 64), Sch 2 (items 45-49) and Sch 4 (items 23, 24) | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 10 (item 5): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
Division 1 |
|
s 3..................... | am No 31, 2024 |
s 4..................... | am No 31, 2024 (Sch 1 item 23) |
Division 2 |
|
s 5..................... | am No 13, 2021; No 31, 2024 (Sch 1 item 26) |
Part 2 |
|
Division 1 |
|
s 13.................... | am No 31, 2024 |
Division 2 |
|
s 14.................... | am No 31, 2024 |
s 15.................... | am No 31, 2024 |
s 16.................... | rs No 31, 2024 |
Division 3 |
|
s 19.................... | am No 31, 2024 |
s 20.................... | am No 31, 2024 |
s 21.................... | am No 31, 2024 |
s 22.................... | am No 31, 2024 |
s 23.................... | am No 31, 2024 |
Part 4 |
|
Division 1 |
|
s 36.................... | am No 31, 2024 (Sch 1 item 33) |
Division 2 |
|
Division 2 heading.......... | am No 31, 2024 |
s 37.................... | am No 31, 2024 (Sch 1 items 36-41) |
Division 3 |
|
s 38.................... | am No 31, 2024 |
Part 5 |
|
s 41.................... | am No 38, 2024 |
s 42.................... | am No 31, 2024 |
Part 6 |
|
s 43.................... | am No 31, 2024 |
Part 6 |
|
s 46A................... | ad No 31, 2024 |
s 47.................... | am No 31, 2024 |
Part 7 |
|
Division 1 |
|
s 48.................... | am No 31, 2024 |
Division 2 |
|
s 49.................... | am No 31, 2024 |
Division 2A |
|
Division 2A............... | ad No 31, 2024 |
s 52A................... | ad No 31, 2024 |
Division 3 |
|
s 53.................... | am No 31, 2024 |
Division 4 |
|
s 56.................... | am No 31, 2024 |
s 57.................... | am No 31, 2024 |
s 58.................... | am No 31, 2024 |
s 59.................... | am No 31, 2024 |
s 60.................... | am No 31, 2024 |