{"id":"C2017A00002","name":"Independent Parliamentary Expenses Authority Act 2017","slug":"independent-parliamentary-expenses-authority-act-2017","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"2 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8568,"registerId":"commonwealth-C2017A00002-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act is the Independent Parliamentary Expenses Authority Act 2017.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 February 2017

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2017

(F2017N00036)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 3 Simplified outline of this Act\n\n• This Act establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority has a CEO who is responsible for its administration and for assisting it to perform its functions.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n (1) In this Act:\n\n> appointed member of the Authority means a member of the Authority who is not the President of the Remuneration Tribunal.\n\n> Authority means the Independent Parliamentary Expenses Authority.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> claim includes request.\n\n> Commonwealth judicial officer means:\n\n (a) a Justice of the High Court; or\n (b) a judge or justice of a court created by the Parliament.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> harm has the same meaning as in the Dictionary to the Criminal Code.\n\n> incidentals includes the cost of transport.\n\n> legislative rules means rules made under section 64.\n\n> member of parliament means:\n\n (a) a senator; or\n (b) a member of the House of Representatives; or\n (c) a Minister of State who is not a senator or member of the House of Representatives; or\n (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or\n (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives.\n\n> member of the Authority includes the Chair of the Authority.\n\n> MOPS staff member means a person employed under the Members of Parliament (Staff) Act 1984.\n\n> MOPS travel resource means:\n\n (a) an expense that is:\n (i) incurred in connection with travel by a MOPS staff member at the expense of the Commonwealth; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act); or\n (b) an allowance that is:\n (i) payable to a MOPS staff member in connection with travel by the MOPS staff member; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act).\n\n> MP travel resource means:\n\n (a) a travel expense payable under section 30 of the Parliamentary Business Resources Act 2017; or\n (b) a travel allowance payable under section 31 of that Act; or\n (c) an allowance or expense in connection with the travel of a former member of parliament that is payable under section 15 of that Act; or\n (d) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.\n\n> MP work resource means:\n\n (a) MP travel resource; or\n (b) a private plated vehicle provided to a member of parliament under paragraph 14(4)(a) of the Parliamentary Business Resources Act 2017 (which includes any expenses or services associated with operating or maintaining the vehicle); or\n (ba) an allowance or expense paid under paragraph 14(4)(c) of that Act in relation to internet or telephone services provided to a private residence of a member of parliament; or\n (bb) an allowance or expense that is payable under section 15 of that Act; or\n (c) goods, services, premises, equipment or any other facility that is provided under section 16 of that Act; or\n (d) a public resource that is provided by the Commonwealth under Part 3 of that Act.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> Secretary means the Secretary of the Department.\n\n> staff of the Authority means the staff described in section 49.\n\n> vacancy, in relation to the office of a member of the Authority, has a meaning affected by section 6.\n\n (2) To avoid doubt, a reference in this Act to an amount or resource (however described) that is payable or provided under this or any other Act includes an amount or resource that is purportedly payable or provided under that Act.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Expenses or allowances in connection with travel","content":"#### 5 Expenses or allowances in connection with travel\n\n (1) For the purposes of this Act, expenses or allowances in connection with travel include expenses or allowances that relate to the following costs:\n (a) the cost of fares;\n (aa) the cost of taxis or other local transport in connection with travel;\n (b) the cost of the provision of charter services;\n (c) the cost of accommodation;\n (d) the cost of meals;\n (e) the cost of incidentals.\n (2) Expenses or allowances in connection with travel overseas include expenses or allowances that relate to the following costs:\n (a) the cost of vaccinations and medical supplies essential for travel overseas;\n (b) the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Vacancy in the office of a member of the Authority","content":"#### 6 Vacancy in the office of a member of the Authority\n\n For the purposes of a reference in:\n (a) this Act to a vacancy in the office of a member of the Authority; or\n (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;\n there are taken to be 4 offices of members of the Authority in addition to the Chair of the Authority.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Crown to be bound","content":"#### 7 Crown to be bound\n\n This Act binds the Crown in right of the Commonwealth.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Extension to external Territories","content":"#### 8 Extension to external Territories\n\n This Act extends to every external Territory.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Extra‑territorial operation","content":"#### 9 Extra‑territorial operation\n\n This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Independent Parliamentary Expenses Authority","content":"An Act to establish the Independent Parliamentary Expenses Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Independent Parliamentary Expenses Authority Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 February 2017

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2017

(F2017N00036)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\n• This Act establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority has a CEO who is responsible for its administration and for assisting it to perform its functions.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> appointed member of the Authority means a member of the Authority who is not the President of the Remuneration Tribunal.\n\n> Authority means the Independent Parliamentary Expenses Authority.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> claim includes request.\n\n> Commonwealth judicial officer means:\n\n (a) a Justice of the High Court; or\n (b) a judge or justice of a court created by the Parliament.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> harm has the same meaning as in the Dictionary to the Criminal Code.\n\n> incidentals includes the cost of transport.\n\n> legislative rules means rules made under section 64.\n\n> member of parliament means:\n\n (a) a senator; or\n (b) a member of the House of Representatives; or\n (c) a Minister of State who is not a senator or member of the House of Representatives; or\n (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or\n (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives.\n\n> member of the Authority includes the Chair of the Authority.\n\n> MOPS staff member means a person employed under the Members of Parliament (Staff) Act 1984.\n\n> MOPS travel resource means:\n\n (a) an expense that is:\n (i) incurred in connection with travel by a MOPS staff member at the expense of the Commonwealth; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act); or\n (b) an allowance that is:\n (i) payable to a MOPS staff member in connection with travel by the MOPS staff member; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act).\n\n> MP travel resource means:\n\n (a) a travel expense payable under section 30 of the Parliamentary Business Resources Act 2017; or\n (b) a travel allowance payable under section 31 of that Act; or\n (c) an allowance or expense in connection with the travel of a former member of parliament that is payable under section 15 of that Act; or\n (d) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.\n\n> MP work resource means:\n\n (a) MP travel resource; or\n (b) a private plated vehicle provided to a member of parliament under paragraph 14(4)(a) of the Parliamentary Business Resources Act 2017 (which includes any expenses or services associated with operating or maintaining the vehicle); or\n (ba) an allowance or expense paid under paragraph 14(4)(c) of that Act in relation to internet or telephone services provided to a private residence of a member of parliament; or\n (bb) an allowance or expense that is payable under section 15 of that Act; or\n (c) goods, services, premises, equipment or any other facility that is provided under section 16 of that Act; or\n (d) a public resource that is provided by the Commonwealth under Part 3 of that Act.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> Secretary means the Secretary of the Department.\n\n> staff of the Authority means the staff described in section 49.\n\n> vacancy, in relation to the office of a member of the Authority, has a meaning affected by section 6.\n\n (2) To avoid doubt, a reference in this Act to an amount or resource (however described) that is payable or provided under this or any other Act includes an amount or resource that is purportedly payable or provided under that Act.\n\n#### 5 Expenses or allowances in connection with travel\n\n (1) For the purposes of this Act, expenses or allowances in connection with travel include expenses or allowances that relate to the following costs:\n (a) the cost of fares;\n (aa) the cost of taxis or other local transport in connection with travel;\n (b) the cost of the provision of charter services;\n (c) the cost of accommodation;\n (d) the cost of meals;\n (e) the cost of incidentals.\n (2) Expenses or allowances in connection with travel overseas include expenses or allowances that relate to the following costs:\n (a) the cost of vaccinations and medical supplies essential for travel overseas;\n (b) the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.\n\n#### 6 Vacancy in the office of a member of the Authority\n\n For the purposes of a reference in:\n (a) this Act to a vacancy in the office of a member of the Authority; or\n (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;\n there are taken to be 4 offices of members of the Authority in addition to the Chair of the Authority.\n\n#### 7 Crown to be bound\n\n This Act binds the Crown in right of the Commonwealth.\n\n#### 8 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 9 Extra‑territorial operation\n\n This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Independent Parliamentary Expenses Authority\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\n• This Part establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority consists of the following members:\n\n(a) a Chair;\n\n(b) the President of the Remuneration Tribunal;\n\n(c) at least 2, and not more than 3, other members.\n\n• The members of the Authority (other than the President of the Remuneration Tribunal) are to be appointed by the Governor‑General.\n\n• The Authority is to hold meetings.\n\n• The Authority may delegate its functions and powers.\n\n• The Authority and the Secretary must share relevant information.\n\n### Division 2—Authority’s establishment, functions, powers and liabilities\n\n#### 11 Independent Parliamentary Expenses Authority\n\n (1) The Independent Parliamentary Expenses Authority is established by this section.\n\n> Note 1: The Authority does not have a legal identity separate from the Commonwealth.\n\n> Note 2: In this Act, Authority means the Independent Parliamentary Expenses Authority—see section 4.\n\n (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the Authority is a listed entity; and\n (b) the CEO is the accountable authority of the Authority; and\n (c) the following persons are officials of the Authority:\n (i) the Chair of the Authority;\n (ii) the other members of the Authority;\n (iii) the CEO;\n (iv) the staff of the Authority referred to in section 49;\n (v) persons whose services are made available to the Authority under section 50;\n (vi) consultants engaged under section 51; and\n (d) the purposes of the Authority include:\n (i) the functions of the Authority referred to in section 12; and\n (ii) the functions of the CEO referred to in section 37.\n\n#### 12 Functions of the Authority\n\n (1) The Authority has the following functions:\n (a) to give personal advice:\n (i) to members and former members of parliament about matters relating to MP travel resources and MOPS travel resources; and\n (ii) to MOPS staff members about matters relating to MOPS travel resources;\n (b) to issue general advisory documents about matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (c) if the Authority considers that a particular general advisory document should be published—publish that general advisory document on the Authority’s website;\n (d) to monitor matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (e) to prepare regular reports about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (f) to publish reports prepared under paragraph (e) on the Authority’s website;\n (g) to prepare other such reports as the Authority considers appropriate about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (h) if the Authority considers that a particular report prepared under paragraph (g) should be published—publish that report on the Authority’s website;\n (i) to conduct, or arrange for the conduct of, such audits as the Authority considers appropriate of matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (j) to process claims, on behalf of the Commonwealth, for:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (k) on behalf of the Commonwealth, to incur expenses relating to, to pay or to provide MP travel resources;\n (l) on behalf of the Commonwealth, to incur expenses relating to MOPS travel resources;\n (m) to give rulings under section 37 of the Parliamentary Business Resources Act 2017 relating to certain MP travel resources;\n (n) if a law of the Commonwealth authorises the Authority to give rulings relating to MOPS travel resources—to give those rulings;\n (o) on behalf of the Commonwealth, to recover (whether by way of set‑off or otherwise) overpayments, repayments and cost recovery payments relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (p) such functions (if any) as are conferred on the Authority by any other law of the Commonwealth;\n (q) such other functions (if any) as are prescribed by the legislative rules;\n (r) to do anything incidental to or conducive to the performance of any of the above functions.\n Legislative rules may limit functions in relation to particular resources\n (1A) The legislative rules may provide that the functions of the Authority do not include doing a specified thing in relation to specified MP travel resources, MP work resources or MOPS travel resources. Any legislative rules made for the purposes of this subsection have effect despite subsection (1).\n (1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, legislative rules made for the purposes of subsection (1A) of this section may make different provision in relation to particular resources depending on whether a resource is payable or provided:\n (a) to or in relation to:\n (i) a member of parliament; or\n (ii) a former member of parliament; or\n (iii) without limiting subparagraph (ii), a former Prime Minister; or\n (iv) the estate of a person who dies while a member; or\n (b) in any other circumstance.\n Appointing persons to request and be given personal advice on behalf of members or former members of parliament\n (1C) A member or former member of parliament (the appointer) may, by written notice given to the Authority in accordance with subsection (1F), appoint a person covered by subsection (1D) (the appointee) to request and be given personal advice under subparagraph (1)(a)(i) on behalf of the appointer.\n\n> Note: For variation and revocation of an appointment, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n (1D) This subsection covers:\n (a) for a member of parliament—a MOPS staff member employed by the member, or a person in a class prescribed by the legislative rules for the purposes of this paragraph; and\n (b) for a former member of parliament—any person, other than a person in a class prescribed by the legislative rules for the purposes of this paragraph.\n (1E) The following paragraphs have effect:\n (a) if, while the appointment is in force, the appointee requests the Authority to give the appointee personal advice about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the request is taken for all purposes to have been made by the appointer under that subparagraph to the Authority;\n (b) if, while the appointment is in force, the Authority gives the appointee personal advice in response to such a request about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the personal advice is taken for all purposes to have been given by the Authority under that subparagraph to the appointer.\n (1F) If the Authority has approved, in writing, the form in which a notice of an appointment under subsection (1C) must be given, the notice must be:\n (a) in the approved form; and\n (b) given in the manner (if any) specified in the form; and\n (c) accompanied by the information or documents (if any) required by the form.\n (1G) The Authority must publish on its website a form approved for the purposes of subsection (1F).\n Reports may include personal information\n (2) A report under any of paragraphs (1)(e) to (h) may include personal information (within the meaning of the Privacy Act 1988).\n\n> Note 1: Each of those paragraphs constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n> Note 2: If the report is to be published on the Authority’s website, see also section 60 (sensitive information not to be included in public reports).\n\n Certain agency functions are not exclusive\n (3) Paragraphs (1)(k) and (l) do not, by implication, prevent an agent of the Commonwealth (other than the Authority) from having the authority to incur an expense of the kind referred to in those paragraphs on behalf of the Commonwealth.\n Functions cover claims\n (4) To avoid doubt, a reference to MP travel resources, MP work resources or MOPS travel resources includes a reference to a claim for such resources.\n\n#### 13 Powers of the Authority\n\n The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 14 Authority has privileges and immunities of the Crown\n\n The Authority has the privileges and immunities of the Crown in right of the Commonwealth.\n\n### Division 3—Membership of the Authority\n\n#### 15 Membership of the Authority\n\n The Authority consists of the following members:\n (a) a Chair;\n (b) the President of the Remuneration Tribunal;\n (c) at least 2, and not more than 3, other members.\n\n#### 16 Appointment of members of the Authority\n\n (1) Each member of the Authority (other than a member who is the President of the Remuneration Tribunal) is to be appointed by the Governor‑General by written instrument.\n\n> Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) One appointed member of the Authority must be:\n (a) a former Commonwealth judicial officer; or\n (b) a former judge of the Supreme Court of a State or Territory.\n (3) One appointed member of the Authority must be a former member of parliament.\n (4) One appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in the field of auditing.\n (5) If the Authority consists of 5 members, one appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in at least one of the following fields:\n (c) public administration;\n (d) corporate governance.\n (6) A member of the Authority holds office on a part‑time basis.\n (7) The performance of the functions, or the exercise of the powers, of the Authority is not affected merely because its membership is not as required by subsection (2), (3) or (4) unless a continuous period of 3 months has elapsed since its membership ceased to be as so required.\n (8) An office of member of the Authority that is held by the President of the Remuneration Tribunal is taken not to be a public office for the purposes of paragraph 4(4)(c) of the Remuneration Tribunal Act 1973.\n\n#### 17 Period of appointment for members of the Authority\n\n An appointed member of the Authority holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 18 Acting members of the Authority\n\n Acting Chair of the Authority\n (1) The Minister may, by written instrument, appoint a person to act as the Chair of the Authority:\n (a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair of the Authority:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n Acting member of the Authority (other than the Chair of the Authority)\n (2) The Minister may, by written instrument, appoint a person to act as a member of the Authority (other than the Chair of the Authority):\n (a) during a vacancy in the office of a member of the Authority (other than the Chair of the Authority), whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a member of the Authority (other than the Chair of the Authority):\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n### Division 4—Terms and conditions for members of the Authority\n\n#### 19 Remuneration\n\n (1) An appointed member of the Authority is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an appointed member of the Authority is to be paid the remuneration that is prescribed by the legislative rules.\n (2) An appointed member of the Authority is to be paid the allowances that are prescribed by the legislative rules.\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n (4) A member of the Authority who is the President of the Remuneration Tribunal is to be paid the fees and allowances that are prescribed by the legislative rules.\n\n#### 20 Disclosure of interests\n\n (1) A disclosure by a member of the Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n (2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a member of the Authority is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n\n#### 21 Paid work\n\n A member of the Authority must not engage in any paid work that conflicts or may conflict with the proper performance of his or her duties.\n\n#### 22 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair of the Authority on the terms and conditions as to remuneration or otherwise that the Minister determines.\n (2) The Chair of the Authority may grant leave of absence to a member of the Authority on the terms and conditions that the Chair determines.\n\n#### 23 Resignation\n\n (1) A member of the Authority may resign his or her appointment by giving the Governor‑General a written resignation.\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Governor‑General may terminate the appointment of an appointed member of the Authority:\n (a) for misbehaviour; or\n (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.\n (2) The Governor‑General may terminate the appointment of an appointed member of the Authority if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the member engages in paid work that conflicts or may conflict with the proper performance of his or her duties (see section 21); or\n (c) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority.\n\n#### 25 Other terms and conditions\n\n A member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n### Division 5—Decision‑making by the Authority\n\n#### 26 Holding of meetings\n\n (1) The Authority is to hold such meetings as are necessary for the efficient performance of its functions.\n (2) The Chair of the Authority may convene a meeting at any time.\n\n#### 27 Presiding at meetings\n\n (1) The Chair of the Authority presides at all meetings at which he or she is present.\n (2) If the Chair of the Authority is not present at a meeting, the members of the Authority present must appoint one of themselves to preside.\n\n#### 28 Quorum\n\n At a meeting of the Authority, 2 members of the Authority constitute a quorum.\n\n#### 29 Voting at meetings etc.\n\n (1) A question arising at a meeting of the Authority is to be determined by a majority of the votes of the members of the Authority present and voting.\n (2) The person presiding at a meeting of the Authority has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 30 Conduct of meetings\n\n The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n#### 31 Minutes\n\n The Authority must keep minutes of its meetings.\n\n### Division 6—Delegation\n\n#### 32 Delegation by the Authority\n\n (1) The Authority may, in writing, delegate any or all of its functions and powers to:\n (a) a member of the Authority; or\n (b) the CEO; or\n (c) a member of the staff of the Authority; or\n (d) a person assisting the Authority under section 50.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Authority.\n (3) The delegation continues in force despite a change in the membership of the Authority.\n (4) The delegation may be varied or revoked by the Authority (whether or not there has been a change in the membership of the Authority).\n\n### Division 7—Other matters\n\n#### 33 Authority must give information to the Secretary\n\n (1) The Authority must give the Secretary such information or documents in relation to the Authority’s functions as the Secretary reasonably requires for the performance of the Secretary’s functions in relation to:\n (a) matters relating to MP work resources; or\n (b) matters relating to MOPS travel resources.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Secretary must give information to the Authority\n\n (1) The Secretary must give the Authority such information and documents as the Authority reasonably requires for the performance of the Authority’s functions.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n## Part 3—CEO of the Authority\n\n### Division 1—Introduction\n\n#### 35 Simplified outline of this Part\n\n• There is to be a Chief Executive Officer of the Authority.\n\n• The CEO’s functions are to manage the Authority’s administration and assist it in the performance of its functions.\n\n• The CEO must comply with certain directions given by the Authority.\n\n• The CEO is to be appointed by the Minister.\n\n#### 36 CEO\n\n There is to be a Chief Executive Officer of the Independent Parliamentary Expenses Authority.\n\n> Note: In this Act, CEO means the Chief Executive Officer of the Authority—see section 4.\n\n#### 37 Functions of the CEO\n\n The CEO’s functions are:\n (a) to manage the administration of the Authority; and\n (b) to assist the Authority in the performance of its functions.\n\n#### 38 Powers of the CEO\n\n The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 39 Directions by the Authority\n\n (1) The Authority may give written directions to the CEO about the performance of the CEO’s function under paragraph 37(b) (assisting the Authority).\n Compliance with a direction\n (2) The CEO must comply with a direction under subsection (1).\n When the CEO is not required to comply with a direction\n (3) Subsection (2) does not apply to the extent that:\n (a) the direction deals with the allocation of resources for the performance of the Authority’s functions; or\n (b) compliance with the direction would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Authority; or\n (c) the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Authority.\n Direction is not a legislative instrument\n (4) A direction under subsection (1) is not a legislative instrument.\n\n### Division 2—Appointments\n\n#### 40 Appointment of CEO\n\n (1) The CEO is to be appointed by the Minister by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n (3) The CEO holds office on a full‑time basis.\n (4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 41 Appointment of acting CEO\n\n (1) The Minister may, by written instrument, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed to act as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 42 Remuneration of the CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the legislative rules.\n (2) The CEO is to be paid the allowances that are prescribed by the legislative rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 43 Leave of absence of the CEO\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 44 Other employment of the CEO\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 45 Resignation of the CEO\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 46 Termination of appointment of the CEO\n\n Misbehaviour or incapacity\n (1) The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.\n Bankruptcy etc.\n (2) The Minister may terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 44); or\n (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 47 Other terms and conditions of the CEO\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n## Part 4—Staff of the Authority etc.\n\n#### 48 Simplified outline of this Part\n\n• The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n\n• The Authority may also be assisted by certain officers and employees.\n\n• The CEO may engage consultants.\n\n#### 49 Staff\n\n (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the CEO and the staff of the Authority together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 50 Persons assisting the Authority\n\n The Authority may also be assisted:\n (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers and employees of authorities of the Commonwealth; or\n (c) by officers and employees of a State or Territory; or\n (d) by officers and employees of authorities of a State or Territory;\n whose services are made available to the Authority in connection with the performance of any of its functions.\n\n#### 51 Consultants\n\n The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Authority’s functions.\n\n## Part 5—Information‑gathering powers\n\n#### 52 Simplified outline of this Part\n\n• The Authority may require a person to give the Authority information, or produce to the Authority a document, that is relevant to the performance of the Authority’s reporting or auditing functions.\n\n#### 53 Authority may obtain information and documents\n\n Scope\n (1) This section applies to a person if the Authority has reason to believe that the person has information or a document that is relevant to the performance of a function conferred on the Authority by any of paragraphs 12(1)(e) to (i).\n Requirement\n (2) The Authority may, by written notice given to the person, require the person:\n (a) to give to the Authority, within the period and in the manner and form specified in the notice, any such information; or\n (b) to produce to the Authority, within the period and in the manner specified in the notice, any such documents; or\n (c) to make copies of any such documents and to produce to the Authority, within the period and in the manner specified in the notice, those copies.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A person commits an offence if:\n (a) the Authority has given a notice to the person under subsection (2); and\n (b) the person engages in conduct; and\n (c) the person’s conduct contravenes a requirement in the notice.\n\nPenalty: 30 penalty units.\n\n (5) A notice under subsection (2) must set out the effect of:\n (a) subsection (4); and\n (b) sections 137.1 and 137.2 of the Criminal Code.\n\n#### 54 Copying documents—reasonable compensation\n\n A person is entitled to be paid by the Authority, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 53(2)(c).\n\n#### 55 Self‑incrimination\n\n A person is excused from giving information or producing a document or a copy of a document under this Part if the information or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.\n\n#### 56 Copies of documents\n\n (1) The Authority may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.\n (2) The Authority may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 53(2)(c).\n\n#### 57 Authority may retain documents\n\n (1) The Authority may take, and retain for as long as is necessary, possession of a document produced under this Part.\n (2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Authority to be a true copy.\n (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n (4) Until a certified copy is supplied, the Authority must, at such times and places as the Authority thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.\n\n#### 58 Relationship of information‑gathering powers to other laws\n\n (1) The operation of this Part is limited by laws of the Commonwealth relating to the powers, privileges and immunities of:\n (a) each House of the Parliament; and\n (b) the members of each House of the Parliament; and\n (c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.\n (2) This Part does not affect the law relating to legal professional privilege.\n\n## Part 6—Miscellaneous\n\n#### 59 Simplified outline of this Part\n\n• This Part deals with miscellaneous matters, such as the making of legislative rules.\n\n#### 60 Sensitive information not to be included in public reports\n\n (1) The Authority must not include particular information in a public report if:\n (a) the Authority is of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (b) the Attorney‑General has issued a certificate to the Authority stating that, in the opinion of the Attorney‑General, disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (c) the Authority is of the opinion that disclosure of the information would be likely to result in serious harm to, or would be likely to put at risk the safety of, the individual, or any of the individuals, to whom the information relates.\n (2) The Authority cannot be required, and is not permitted, to disclose to:\n (a) a House of the Parliament; or\n (b) a member of a House of the Parliament; or\n (c) a committee of a House of the Parliament or a joint committee of both Houses of the Parliament;\n information that subsection (1) prohibits being included in a public report.\n (3) If the Authority omits particular information from a public report because the Attorney‑General has issued a certificate under paragraph (1)(b) in relation to the information, the Authority must state in the report:\n (a) that information (which does not have to be identified) has been omitted from the report; and\n (b) that the Attorney‑General issued the certificate because the Attorney‑General was of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth.\n (4) If, because of subsection (1), the Authority:\n (a) decides not to prepare a public report; or\n (b) omits particular information from a public report;\n the Authority may prepare a report under this subsection that includes the information concerned. The Authority must give a copy of each report under this subsection to:\n (c) the Prime Minister; and\n (d) the Minister.\n (5) For the purposes of this section, public report means a report that is to be published on the Authority’s website.\n\n#### 61 Proceedings in the name of the Authority\n\n (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.\n (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.\n\n#### 62 Independent review\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the legislative rules.\n (2) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (3) The persons who conduct the review must give the Minister a written report of the review.\n (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 63 Transitional legislative rules\n\n The legislative rules may prescribe matters of a transitional nature relating to the abolition of the body known as the Independent Parliamentary Expenses Authority that was established as an Executive Agency under section 65 of the Public Service Act 1999.\n\n#### 64 Legislative rules\n\n (1) The Minister may, by legislative instrument, make rules (legislative rules) prescribing matters:\n (a) required or permitted by this Act to be prescribed by the legislative rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the legislative rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Introduction","content":"An Act to establish the Independent Parliamentary Expenses Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Independent Parliamentary Expenses Authority Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 February 2017

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2017

(F2017N00036)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\n• This Act establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority has a CEO who is responsible for its administration and for assisting it to perform its functions.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> appointed member of the Authority means a member of the Authority who is not the President of the Remuneration Tribunal.\n\n> Authority means the Independent Parliamentary Expenses Authority.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> claim includes request.\n\n> Commonwealth judicial officer means:\n\n (a) a Justice of the High Court; or\n (b) a judge or justice of a court created by the Parliament.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> harm has the same meaning as in the Dictionary to the Criminal Code.\n\n> incidentals includes the cost of transport.\n\n> legislative rules means rules made under section 64.\n\n> member of parliament means:\n\n (a) a senator; or\n (b) a member of the House of Representatives; or\n (c) a Minister of State who is not a senator or member of the House of Representatives; or\n (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or\n (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives.\n\n> member of the Authority includes the Chair of the Authority.\n\n> MOPS staff member means a person employed under the Members of Parliament (Staff) Act 1984.\n\n> MOPS travel resource means:\n\n (a) an expense that is:\n (i) incurred in connection with travel by a MOPS staff member at the expense of the Commonwealth; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act); or\n (b) an allowance that is:\n (i) payable to a MOPS staff member in connection with travel by the MOPS staff member; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act).\n\n> MP travel resource means:\n\n (a) a travel expense payable under section 30 of the Parliamentary Business Resources Act 2017; or\n (b) a travel allowance payable under section 31 of that Act; or\n (c) an allowance or expense in connection with the travel of a former member of parliament that is payable under section 15 of that Act; or\n (d) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.\n\n> MP work resource means:\n\n (a) MP travel resource; or\n (b) a private plated vehicle provided to a member of parliament under paragraph 14(4)(a) of the Parliamentary Business Resources Act 2017 (which includes any expenses or services associated with operating or maintaining the vehicle); or\n (ba) an allowance or expense paid under paragraph 14(4)(c) of that Act in relation to internet or telephone services provided to a private residence of a member of parliament; or\n (bb) an allowance or expense that is payable under section 15 of that Act; or\n (c) goods, services, premises, equipment or any other facility that is provided under section 16 of that Act; or\n (d) a public resource that is provided by the Commonwealth under Part 3 of that Act.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> Secretary means the Secretary of the Department.\n\n> staff of the Authority means the staff described in section 49.\n\n> vacancy, in relation to the office of a member of the Authority, has a meaning affected by section 6.\n\n (2) To avoid doubt, a reference in this Act to an amount or resource (however described) that is payable or provided under this or any other Act includes an amount or resource that is purportedly payable or provided under that Act.\n\n#### 5 Expenses or allowances in connection with travel\n\n (1) For the purposes of this Act, expenses or allowances in connection with travel include expenses or allowances that relate to the following costs:\n (a) the cost of fares;\n (aa) the cost of taxis or other local transport in connection with travel;\n (b) the cost of the provision of charter services;\n (c) the cost of accommodation;\n (d) the cost of meals;\n (e) the cost of incidentals.\n (2) Expenses or allowances in connection with travel overseas include expenses or allowances that relate to the following costs:\n (a) the cost of vaccinations and medical supplies essential for travel overseas;\n (b) the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.\n\n#### 6 Vacancy in the office of a member of the Authority\n\n For the purposes of a reference in:\n (a) this Act to a vacancy in the office of a member of the Authority; or\n (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;\n there are taken to be 4 offices of members of the Authority in addition to the Chair of the Authority.\n\n#### 7 Crown to be bound\n\n This Act binds the Crown in right of the Commonwealth.\n\n#### 8 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 9 Extra‑territorial operation\n\n This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Independent Parliamentary Expenses Authority\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\n• This Part establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority consists of the following members:\n\n(a) a Chair;\n\n(b) the President of the Remuneration Tribunal;\n\n(c) at least 2, and not more than 3, other members.\n\n• The members of the Authority (other than the President of the Remuneration Tribunal) are to be appointed by the Governor‑General.\n\n• The Authority is to hold meetings.\n\n• The Authority may delegate its functions and powers.\n\n• The Authority and the Secretary must share relevant information.\n\n### Division 2—Authority’s establishment, functions, powers and liabilities\n\n#### 11 Independent Parliamentary Expenses Authority\n\n (1) The Independent Parliamentary Expenses Authority is established by this section.\n\n> Note 1: The Authority does not have a legal identity separate from the Commonwealth.\n\n> Note 2: In this Act, Authority means the Independent Parliamentary Expenses Authority—see section 4.\n\n (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the Authority is a listed entity; and\n (b) the CEO is the accountable authority of the Authority; and\n (c) the following persons are officials of the Authority:\n (i) the Chair of the Authority;\n (ii) the other members of the Authority;\n (iii) the CEO;\n (iv) the staff of the Authority referred to in section 49;\n (v) persons whose services are made available to the Authority under section 50;\n (vi) consultants engaged under section 51; and\n (d) the purposes of the Authority include:\n (i) the functions of the Authority referred to in section 12; and\n (ii) the functions of the CEO referred to in section 37.\n\n#### 12 Functions of the Authority\n\n (1) The Authority has the following functions:\n (a) to give personal advice:\n (i) to members and former members of parliament about matters relating to MP travel resources and MOPS travel resources; and\n (ii) to MOPS staff members about matters relating to MOPS travel resources;\n (b) to issue general advisory documents about matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (c) if the Authority considers that a particular general advisory document should be published—publish that general advisory document on the Authority’s website;\n (d) to monitor matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (e) to prepare regular reports about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (f) to publish reports prepared under paragraph (e) on the Authority’s website;\n (g) to prepare other such reports as the Authority considers appropriate about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (h) if the Authority considers that a particular report prepared under paragraph (g) should be published—publish that report on the Authority’s website;\n (i) to conduct, or arrange for the conduct of, such audits as the Authority considers appropriate of matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (j) to process claims, on behalf of the Commonwealth, for:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (k) on behalf of the Commonwealth, to incur expenses relating to, to pay or to provide MP travel resources;\n (l) on behalf of the Commonwealth, to incur expenses relating to MOPS travel resources;\n (m) to give rulings under section 37 of the Parliamentary Business Resources Act 2017 relating to certain MP travel resources;\n (n) if a law of the Commonwealth authorises the Authority to give rulings relating to MOPS travel resources—to give those rulings;\n (o) on behalf of the Commonwealth, to recover (whether by way of set‑off or otherwise) overpayments, repayments and cost recovery payments relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (p) such functions (if any) as are conferred on the Authority by any other law of the Commonwealth;\n (q) such other functions (if any) as are prescribed by the legislative rules;\n (r) to do anything incidental to or conducive to the performance of any of the above functions.\n Legislative rules may limit functions in relation to particular resources\n (1A) The legislative rules may provide that the functions of the Authority do not include doing a specified thing in relation to specified MP travel resources, MP work resources or MOPS travel resources. Any legislative rules made for the purposes of this subsection have effect despite subsection (1).\n (1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, legislative rules made for the purposes of subsection (1A) of this section may make different provision in relation to particular resources depending on whether a resource is payable or provided:\n (a) to or in relation to:\n (i) a member of parliament; or\n (ii) a former member of parliament; or\n (iii) without limiting subparagraph (ii), a former Prime Minister; or\n (iv) the estate of a person who dies while a member; or\n (b) in any other circumstance.\n Appointing persons to request and be given personal advice on behalf of members or former members of parliament\n (1C) A member or former member of parliament (the appointer) may, by written notice given to the Authority in accordance with subsection (1F), appoint a person covered by subsection (1D) (the appointee) to request and be given personal advice under subparagraph (1)(a)(i) on behalf of the appointer.\n\n> Note: For variation and revocation of an appointment, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n (1D) This subsection covers:\n (a) for a member of parliament—a MOPS staff member employed by the member, or a person in a class prescribed by the legislative rules for the purposes of this paragraph; and\n (b) for a former member of parliament—any person, other than a person in a class prescribed by the legislative rules for the purposes of this paragraph.\n (1E) The following paragraphs have effect:\n (a) if, while the appointment is in force, the appointee requests the Authority to give the appointee personal advice about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the request is taken for all purposes to have been made by the appointer under that subparagraph to the Authority;\n (b) if, while the appointment is in force, the Authority gives the appointee personal advice in response to such a request about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the personal advice is taken for all purposes to have been given by the Authority under that subparagraph to the appointer.\n (1F) If the Authority has approved, in writing, the form in which a notice of an appointment under subsection (1C) must be given, the notice must be:\n (a) in the approved form; and\n (b) given in the manner (if any) specified in the form; and\n (c) accompanied by the information or documents (if any) required by the form.\n (1G) The Authority must publish on its website a form approved for the purposes of subsection (1F).\n Reports may include personal information\n (2) A report under any of paragraphs (1)(e) to (h) may include personal information (within the meaning of the Privacy Act 1988).\n\n> Note 1: Each of those paragraphs constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n> Note 2: If the report is to be published on the Authority’s website, see also section 60 (sensitive information not to be included in public reports).\n\n Certain agency functions are not exclusive\n (3) Paragraphs (1)(k) and (l) do not, by implication, prevent an agent of the Commonwealth (other than the Authority) from having the authority to incur an expense of the kind referred to in those paragraphs on behalf of the Commonwealth.\n Functions cover claims\n (4) To avoid doubt, a reference to MP travel resources, MP work resources or MOPS travel resources includes a reference to a claim for such resources.\n\n#### 13 Powers of the Authority\n\n The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 14 Authority has privileges and immunities of the Crown\n\n The Authority has the privileges and immunities of the Crown in right of the Commonwealth.\n\n### Division 3—Membership of the Authority\n\n#### 15 Membership of the Authority\n\n The Authority consists of the following members:\n (a) a Chair;\n (b) the President of the Remuneration Tribunal;\n (c) at least 2, and not more than 3, other members.\n\n#### 16 Appointment of members of the Authority\n\n (1) Each member of the Authority (other than a member who is the President of the Remuneration Tribunal) is to be appointed by the Governor‑General by written instrument.\n\n> Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) One appointed member of the Authority must be:\n (a) a former Commonwealth judicial officer; or\n (b) a former judge of the Supreme Court of a State or Territory.\n (3) One appointed member of the Authority must be a former member of parliament.\n (4) One appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in the field of auditing.\n (5) If the Authority consists of 5 members, one appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in at least one of the following fields:\n (c) public administration;\n (d) corporate governance.\n (6) A member of the Authority holds office on a part‑time basis.\n (7) The performance of the functions, or the exercise of the powers, of the Authority is not affected merely because its membership is not as required by subsection (2), (3) or (4) unless a continuous period of 3 months has elapsed since its membership ceased to be as so required.\n (8) An office of member of the Authority that is held by the President of the Remuneration Tribunal is taken not to be a public office for the purposes of paragraph 4(4)(c) of the Remuneration Tribunal Act 1973.\n\n#### 17 Period of appointment for members of the Authority\n\n An appointed member of the Authority holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 18 Acting members of the Authority\n\n Acting Chair of the Authority\n (1) The Minister may, by written instrument, appoint a person to act as the Chair of the Authority:\n (a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair of the Authority:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n Acting member of the Authority (other than the Chair of the Authority)\n (2) The Minister may, by written instrument, appoint a person to act as a member of the Authority (other than the Chair of the Authority):\n (a) during a vacancy in the office of a member of the Authority (other than the Chair of the Authority), whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a member of the Authority (other than the Chair of the Authority):\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n### Division 4—Terms and conditions for members of the Authority\n\n#### 19 Remuneration\n\n (1) An appointed member of the Authority is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an appointed member of the Authority is to be paid the remuneration that is prescribed by the legislative rules.\n (2) An appointed member of the Authority is to be paid the allowances that are prescribed by the legislative rules.\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n (4) A member of the Authority who is the President of the Remuneration Tribunal is to be paid the fees and allowances that are prescribed by the legislative rules.\n\n#### 20 Disclosure of interests\n\n (1) A disclosure by a member of the Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n (2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a member of the Authority is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n\n#### 21 Paid work\n\n A member of the Authority must not engage in any paid work that conflicts or may conflict with the proper performance of his or her duties.\n\n#### 22 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair of the Authority on the terms and conditions as to remuneration or otherwise that the Minister determines.\n (2) The Chair of the Authority may grant leave of absence to a member of the Authority on the terms and conditions that the Chair determines.\n\n#### 23 Resignation\n\n (1) A member of the Authority may resign his or her appointment by giving the Governor‑General a written resignation.\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Governor‑General may terminate the appointment of an appointed member of the Authority:\n (a) for misbehaviour; or\n (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.\n (2) The Governor‑General may terminate the appointment of an appointed member of the Authority if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the member engages in paid work that conflicts or may conflict with the proper performance of his or her duties (see section 21); or\n (c) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority.\n\n#### 25 Other terms and conditions\n\n A member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n### Division 5—Decision‑making by the Authority\n\n#### 26 Holding of meetings\n\n (1) The Authority is to hold such meetings as are necessary for the efficient performance of its functions.\n (2) The Chair of the Authority may convene a meeting at any time.\n\n#### 27 Presiding at meetings\n\n (1) The Chair of the Authority presides at all meetings at which he or she is present.\n (2) If the Chair of the Authority is not present at a meeting, the members of the Authority present must appoint one of themselves to preside.\n\n#### 28 Quorum\n\n At a meeting of the Authority, 2 members of the Authority constitute a quorum.\n\n#### 29 Voting at meetings etc.\n\n (1) A question arising at a meeting of the Authority is to be determined by a majority of the votes of the members of the Authority present and voting.\n (2) The person presiding at a meeting of the Authority has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 30 Conduct of meetings\n\n The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n#### 31 Minutes\n\n The Authority must keep minutes of its meetings.\n\n### Division 6—Delegation\n\n#### 32 Delegation by the Authority\n\n (1) The Authority may, in writing, delegate any or all of its functions and powers to:\n (a) a member of the Authority; or\n (b) the CEO; or\n (c) a member of the staff of the Authority; or\n (d) a person assisting the Authority under section 50.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Authority.\n (3) The delegation continues in force despite a change in the membership of the Authority.\n (4) The delegation may be varied or revoked by the Authority (whether or not there has been a change in the membership of the Authority).\n\n### Division 7—Other matters\n\n#### 33 Authority must give information to the Secretary\n\n (1) The Authority must give the Secretary such information or documents in relation to the Authority’s functions as the Secretary reasonably requires for the performance of the Secretary’s functions in relation to:\n (a) matters relating to MP work resources; or\n (b) matters relating to MOPS travel resources.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Secretary must give information to the Authority\n\n (1) The Secretary must give the Authority such information and documents as the Authority reasonably requires for the performance of the Authority’s functions.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n## Part 3—CEO of the Authority\n\n### Division 1—Introduction\n\n#### 35 Simplified outline of this Part\n\n• There is to be a Chief Executive Officer of the Authority.\n\n• The CEO’s functions are to manage the Authority’s administration and assist it in the performance of its functions.\n\n• The CEO must comply with certain directions given by the Authority.\n\n• The CEO is to be appointed by the Minister.\n\n#### 36 CEO\n\n There is to be a Chief Executive Officer of the Independent Parliamentary Expenses Authority.\n\n> Note: In this Act, CEO means the Chief Executive Officer of the Authority—see section 4.\n\n#### 37 Functions of the CEO\n\n The CEO’s functions are:\n (a) to manage the administration of the Authority; and\n (b) to assist the Authority in the performance of its functions.\n\n#### 38 Powers of the CEO\n\n The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 39 Directions by the Authority\n\n (1) The Authority may give written directions to the CEO about the performance of the CEO’s function under paragraph 37(b) (assisting the Authority).\n Compliance with a direction\n (2) The CEO must comply with a direction under subsection (1).\n When the CEO is not required to comply with a direction\n (3) Subsection (2) does not apply to the extent that:\n (a) the direction deals with the allocation of resources for the performance of the Authority’s functions; or\n (b) compliance with the direction would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Authority; or\n (c) the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Authority.\n Direction is not a legislative instrument\n (4) A direction under subsection (1) is not a legislative instrument.\n\n### Division 2—Appointments\n\n#### 40 Appointment of CEO\n\n (1) The CEO is to be appointed by the Minister by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n (3) The CEO holds office on a full‑time basis.\n (4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 41 Appointment of acting CEO\n\n (1) The Minister may, by written instrument, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed to act as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 42 Remuneration of the CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the legislative rules.\n (2) The CEO is to be paid the allowances that are prescribed by the legislative rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 43 Leave of absence of the CEO\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 44 Other employment of the CEO\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 45 Resignation of the CEO\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 46 Termination of appointment of the CEO\n\n Misbehaviour or incapacity\n (1) The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.\n Bankruptcy etc.\n (2) The Minister may terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 44); or\n (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 47 Other terms and conditions of the CEO\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n## Part 4—Staff of the Authority etc.\n\n#### 48 Simplified outline of this Part\n\n• The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n\n• The Authority may also be assisted by certain officers and employees.\n\n• The CEO may engage consultants.\n\n#### 49 Staff\n\n (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the CEO and the staff of the Authority together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 50 Persons assisting the Authority\n\n The Authority may also be assisted:\n (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers and employees of authorities of the Commonwealth; or\n (c) by officers and employees of a State or Territory; or\n (d) by officers and employees of authorities of a State or Territory;\n whose services are made available to the Authority in connection with the performance of any of its functions.\n\n#### 51 Consultants\n\n The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Authority’s functions.\n\n## Part 5—Information‑gathering powers\n\n#### 52 Simplified outline of this Part\n\n• The Authority may require a person to give the Authority information, or produce to the Authority a document, that is relevant to the performance of the Authority’s reporting or auditing functions.\n\n#### 53 Authority may obtain information and documents\n\n Scope\n (1) This section applies to a person if the Authority has reason to believe that the person has information or a document that is relevant to the performance of a function conferred on the Authority by any of paragraphs 12(1)(e) to (i).\n Requirement\n (2) The Authority may, by written notice given to the person, require the person:\n (a) to give to the Authority, within the period and in the manner and form specified in the notice, any such information; or\n (b) to produce to the Authority, within the period and in the manner specified in the notice, any such documents; or\n (c) to make copies of any such documents and to produce to the Authority, within the period and in the manner specified in the notice, those copies.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A person commits an offence if:\n (a) the Authority has given a notice to the person under subsection (2); and\n (b) the person engages in conduct; and\n (c) the person’s conduct contravenes a requirement in the notice.\n\nPenalty: 30 penalty units.\n\n (5) A notice under subsection (2) must set out the effect of:\n (a) subsection (4); and\n (b) sections 137.1 and 137.2 of the Criminal Code.\n\n#### 54 Copying documents—reasonable compensation\n\n A person is entitled to be paid by the Authority, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 53(2)(c).\n\n#### 55 Self‑incrimination\n\n A person is excused from giving information or producing a document or a copy of a document under this Part if the information or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.\n\n#### 56 Copies of documents\n\n (1) The Authority may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.\n (2) The Authority may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 53(2)(c).\n\n#### 57 Authority may retain documents\n\n (1) The Authority may take, and retain for as long as is necessary, possession of a document produced under this Part.\n (2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Authority to be a true copy.\n (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n (4) Until a certified copy is supplied, the Authority must, at such times and places as the Authority thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.\n\n#### 58 Relationship of information‑gathering powers to other laws\n\n (1) The operation of this Part is limited by laws of the Commonwealth relating to the powers, privileges and immunities of:\n (a) each House of the Parliament; and\n (b) the members of each House of the Parliament; and\n (c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.\n (2) This Part does not affect the law relating to legal professional privilege.\n\n## Part 6—Miscellaneous\n\n#### 59 Simplified outline of this Part\n\n• This Part deals with miscellaneous matters, such as the making of legislative rules.\n\n#### 60 Sensitive information not to be included in public reports\n\n (1) The Authority must not include particular information in a public report if:\n (a) the Authority is of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (b) the Attorney‑General has issued a certificate to the Authority stating that, in the opinion of the Attorney‑General, disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (c) the Authority is of the opinion that disclosure of the information would be likely to result in serious harm to, or would be likely to put at risk the safety of, the individual, or any of the individuals, to whom the information relates.\n (2) The Authority cannot be required, and is not permitted, to disclose to:\n (a) a House of the Parliament; or\n (b) a member of a House of the Parliament; or\n (c) a committee of a House of the Parliament or a joint committee of both Houses of the Parliament;\n information that subsection (1) prohibits being included in a public report.\n (3) If the Authority omits particular information from a public report because the Attorney‑General has issued a certificate under paragraph (1)(b) in relation to the information, the Authority must state in the report:\n (a) that information (which does not have to be identified) has been omitted from the report; and\n (b) that the Attorney‑General issued the certificate because the Attorney‑General was of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth.\n (4) If, because of subsection (1), the Authority:\n (a) decides not to prepare a public report; or\n (b) omits particular information from a public report;\n the Authority may prepare a report under this subsection that includes the information concerned. The Authority must give a copy of each report under this subsection to:\n (c) the Prime Minister; and\n (d) the Minister.\n (5) For the purposes of this section, public report means a report that is to be published on the Authority’s website.\n\n#### 61 Proceedings in the name of the Authority\n\n (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.\n (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.\n\n#### 62 Independent review\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the legislative rules.\n (2) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (3) The persons who conduct the review must give the Minister a written report of the review.\n (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 63 Transitional legislative rules\n\n The legislative rules may prescribe matters of a transitional nature relating to the abolition of the body known as the Independent Parliamentary Expenses Authority that was established as an Executive Agency under section 65 of the Public Service Act 1999.\n\n#### 64 Legislative rules\n\n (1) The Minister may, by legislative instrument, make rules (legislative rules) prescribing matters:\n (a) required or permitted by this Act to be prescribed by the legislative rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the legislative rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 10 Simplified outline of this Part\n\n• This Part establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority consists of the following members:\n\n(a) a Chair;\n\n(b) the President of the Remuneration Tribunal;\n\n(c) at least 2, and not more than 3, other members.\n\n• The members of the Authority (other than the President of the Remuneration Tribunal) are to be appointed by the Governor‑General.\n\n• The Authority is to hold meetings.\n\n• The Authority may delegate its functions and powers.\n\n• The Authority and the Secretary must share relevant information.","sortOrder":12},{"sectionNumber":"Division 2","sectionType":"division","heading":"Authority’s establishment, functions, powers and liabilities","content":"An Act to establish the Independent Parliamentary Expenses Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Independent Parliamentary Expenses Authority Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 February 2017

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2017

(F2017N00036)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\n• This Act establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority has a CEO who is responsible for its administration and for assisting it to perform its functions.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> appointed member of the Authority means a member of the Authority who is not the President of the Remuneration Tribunal.\n\n> Authority means the Independent Parliamentary Expenses Authority.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> claim includes request.\n\n> Commonwealth judicial officer means:\n\n (a) a Justice of the High Court; or\n (b) a judge or justice of a court created by the Parliament.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> harm has the same meaning as in the Dictionary to the Criminal Code.\n\n> incidentals includes the cost of transport.\n\n> legislative rules means rules made under section 64.\n\n> member of parliament means:\n\n (a) a senator; or\n (b) a member of the House of Representatives; or\n (c) a Minister of State who is not a senator or member of the House of Representatives; or\n (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or\n (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives.\n\n> member of the Authority includes the Chair of the Authority.\n\n> MOPS staff member means a person employed under the Members of Parliament (Staff) Act 1984.\n\n> MOPS travel resource means:\n\n (a) an expense that is:\n (i) incurred in connection with travel by a MOPS staff member at the expense of the Commonwealth; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act); or\n (b) an allowance that is:\n (i) payable to a MOPS staff member in connection with travel by the MOPS staff member; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act).\n\n> MP travel resource means:\n\n (a) a travel expense payable under section 30 of the Parliamentary Business Resources Act 2017; or\n (b) a travel allowance payable under section 31 of that Act; or\n (c) an allowance or expense in connection with the travel of a former member of parliament that is payable under section 15 of that Act; or\n (d) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.\n\n> MP work resource means:\n\n (a) MP travel resource; or\n (b) a private plated vehicle provided to a member of parliament under paragraph 14(4)(a) of the Parliamentary Business Resources Act 2017 (which includes any expenses or services associated with operating or maintaining the vehicle); or\n (ba) an allowance or expense paid under paragraph 14(4)(c) of that Act in relation to internet or telephone services provided to a private residence of a member of parliament; or\n (bb) an allowance or expense that is payable under section 15 of that Act; or\n (c) goods, services, premises, equipment or any other facility that is provided under section 16 of that Act; or\n (d) a public resource that is provided by the Commonwealth under Part 3 of that Act.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> Secretary means the Secretary of the Department.\n\n> staff of the Authority means the staff described in section 49.\n\n> vacancy, in relation to the office of a member of the Authority, has a meaning affected by section 6.\n\n (2) To avoid doubt, a reference in this Act to an amount or resource (however described) that is payable or provided under this or any other Act includes an amount or resource that is purportedly payable or provided under that Act.\n\n#### 5 Expenses or allowances in connection with travel\n\n (1) For the purposes of this Act, expenses or allowances in connection with travel include expenses or allowances that relate to the following costs:\n (a) the cost of fares;\n (aa) the cost of taxis or other local transport in connection with travel;\n (b) the cost of the provision of charter services;\n (c) the cost of accommodation;\n (d) the cost of meals;\n (e) the cost of incidentals.\n (2) Expenses or allowances in connection with travel overseas include expenses or allowances that relate to the following costs:\n (a) the cost of vaccinations and medical supplies essential for travel overseas;\n (b) the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.\n\n#### 6 Vacancy in the office of a member of the Authority\n\n For the purposes of a reference in:\n (a) this Act to a vacancy in the office of a member of the Authority; or\n (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;\n there are taken to be 4 offices of members of the Authority in addition to the Chair of the Authority.\n\n#### 7 Crown to be bound\n\n This Act binds the Crown in right of the Commonwealth.\n\n#### 8 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 9 Extra‑territorial operation\n\n This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Independent Parliamentary Expenses Authority\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\n• This Part establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority consists of the following members:\n\n(a) a Chair;\n\n(b) the President of the Remuneration Tribunal;\n\n(c) at least 2, and not more than 3, other members.\n\n• The members of the Authority (other than the President of the Remuneration Tribunal) are to be appointed by the Governor‑General.\n\n• The Authority is to hold meetings.\n\n• The Authority may delegate its functions and powers.\n\n• The Authority and the Secretary must share relevant information.\n\n### Division 2—Authority’s establishment, functions, powers and liabilities\n\n#### 11 Independent Parliamentary Expenses Authority\n\n (1) The Independent Parliamentary Expenses Authority is established by this section.\n\n> Note 1: The Authority does not have a legal identity separate from the Commonwealth.\n\n> Note 2: In this Act, Authority means the Independent Parliamentary Expenses Authority—see section 4.\n\n (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the Authority is a listed entity; and\n (b) the CEO is the accountable authority of the Authority; and\n (c) the following persons are officials of the Authority:\n (i) the Chair of the Authority;\n (ii) the other members of the Authority;\n (iii) the CEO;\n (iv) the staff of the Authority referred to in section 49;\n (v) persons whose services are made available to the Authority under section 50;\n (vi) consultants engaged under section 51; and\n (d) the purposes of the Authority include:\n (i) the functions of the Authority referred to in section 12; and\n (ii) the functions of the CEO referred to in section 37.\n\n#### 12 Functions of the Authority\n\n (1) The Authority has the following functions:\n (a) to give personal advice:\n (i) to members and former members of parliament about matters relating to MP travel resources and MOPS travel resources; and\n (ii) to MOPS staff members about matters relating to MOPS travel resources;\n (b) to issue general advisory documents about matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (c) if the Authority considers that a particular general advisory document should be published—publish that general advisory document on the Authority’s website;\n (d) to monitor matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (e) to prepare regular reports about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (f) to publish reports prepared under paragraph (e) on the Authority’s website;\n (g) to prepare other such reports as the Authority considers appropriate about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (h) if the Authority considers that a particular report prepared under paragraph (g) should be published—publish that report on the Authority’s website;\n (i) to conduct, or arrange for the conduct of, such audits as the Authority considers appropriate of matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (j) to process claims, on behalf of the Commonwealth, for:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (k) on behalf of the Commonwealth, to incur expenses relating to, to pay or to provide MP travel resources;\n (l) on behalf of the Commonwealth, to incur expenses relating to MOPS travel resources;\n (m) to give rulings under section 37 of the Parliamentary Business Resources Act 2017 relating to certain MP travel resources;\n (n) if a law of the Commonwealth authorises the Authority to give rulings relating to MOPS travel resources—to give those rulings;\n (o) on behalf of the Commonwealth, to recover (whether by way of set‑off or otherwise) overpayments, repayments and cost recovery payments relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (p) such functions (if any) as are conferred on the Authority by any other law of the Commonwealth;\n (q) such other functions (if any) as are prescribed by the legislative rules;\n (r) to do anything incidental to or conducive to the performance of any of the above functions.\n Legislative rules may limit functions in relation to particular resources\n (1A) The legislative rules may provide that the functions of the Authority do not include doing a specified thing in relation to specified MP travel resources, MP work resources or MOPS travel resources. Any legislative rules made for the purposes of this subsection have effect despite subsection (1).\n (1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, legislative rules made for the purposes of subsection (1A) of this section may make different provision in relation to particular resources depending on whether a resource is payable or provided:\n (a) to or in relation to:\n (i) a member of parliament; or\n (ii) a former member of parliament; or\n (iii) without limiting subparagraph (ii), a former Prime Minister; or\n (iv) the estate of a person who dies while a member; or\n (b) in any other circumstance.\n Appointing persons to request and be given personal advice on behalf of members or former members of parliament\n (1C) A member or former member of parliament (the appointer) may, by written notice given to the Authority in accordance with subsection (1F), appoint a person covered by subsection (1D) (the appointee) to request and be given personal advice under subparagraph (1)(a)(i) on behalf of the appointer.\n\n> Note: For variation and revocation of an appointment, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n (1D) This subsection covers:\n (a) for a member of parliament—a MOPS staff member employed by the member, or a person in a class prescribed by the legislative rules for the purposes of this paragraph; and\n (b) for a former member of parliament—any person, other than a person in a class prescribed by the legislative rules for the purposes of this paragraph.\n (1E) The following paragraphs have effect:\n (a) if, while the appointment is in force, the appointee requests the Authority to give the appointee personal advice about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the request is taken for all purposes to have been made by the appointer under that subparagraph to the Authority;\n (b) if, while the appointment is in force, the Authority gives the appointee personal advice in response to such a request about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the personal advice is taken for all purposes to have been given by the Authority under that subparagraph to the appointer.\n (1F) If the Authority has approved, in writing, the form in which a notice of an appointment under subsection (1C) must be given, the notice must be:\n (a) in the approved form; and\n (b) given in the manner (if any) specified in the form; and\n (c) accompanied by the information or documents (if any) required by the form.\n (1G) The Authority must publish on its website a form approved for the purposes of subsection (1F).\n Reports may include personal information\n (2) A report under any of paragraphs (1)(e) to (h) may include personal information (within the meaning of the Privacy Act 1988).\n\n> Note 1: Each of those paragraphs constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n> Note 2: If the report is to be published on the Authority’s website, see also section 60 (sensitive information not to be included in public reports).\n\n Certain agency functions are not exclusive\n (3) Paragraphs (1)(k) and (l) do not, by implication, prevent an agent of the Commonwealth (other than the Authority) from having the authority to incur an expense of the kind referred to in those paragraphs on behalf of the Commonwealth.\n Functions cover claims\n (4) To avoid doubt, a reference to MP travel resources, MP work resources or MOPS travel resources includes a reference to a claim for such resources.\n\n#### 13 Powers of the Authority\n\n The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 14 Authority has privileges and immunities of the Crown\n\n The Authority has the privileges and immunities of the Crown in right of the Commonwealth.\n\n### Division 3—Membership of the Authority\n\n#### 15 Membership of the Authority\n\n The Authority consists of the following members:\n (a) a Chair;\n (b) the President of the Remuneration Tribunal;\n (c) at least 2, and not more than 3, other members.\n\n#### 16 Appointment of members of the Authority\n\n (1) Each member of the Authority (other than a member who is the President of the Remuneration Tribunal) is to be appointed by the Governor‑General by written instrument.\n\n> Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) One appointed member of the Authority must be:\n (a) a former Commonwealth judicial officer; or\n (b) a former judge of the Supreme Court of a State or Territory.\n (3) One appointed member of the Authority must be a former member of parliament.\n (4) One appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in the field of auditing.\n (5) If the Authority consists of 5 members, one appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in at least one of the following fields:\n (c) public administration;\n (d) corporate governance.\n (6) A member of the Authority holds office on a part‑time basis.\n (7) The performance of the functions, or the exercise of the powers, of the Authority is not affected merely because its membership is not as required by subsection (2), (3) or (4) unless a continuous period of 3 months has elapsed since its membership ceased to be as so required.\n (8) An office of member of the Authority that is held by the President of the Remuneration Tribunal is taken not to be a public office for the purposes of paragraph 4(4)(c) of the Remuneration Tribunal Act 1973.\n\n#### 17 Period of appointment for members of the Authority\n\n An appointed member of the Authority holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 18 Acting members of the Authority\n\n Acting Chair of the Authority\n (1) The Minister may, by written instrument, appoint a person to act as the Chair of the Authority:\n (a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair of the Authority:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n Acting member of the Authority (other than the Chair of the Authority)\n (2) The Minister may, by written instrument, appoint a person to act as a member of the Authority (other than the Chair of the Authority):\n (a) during a vacancy in the office of a member of the Authority (other than the Chair of the Authority), whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a member of the Authority (other than the Chair of the Authority):\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n### Division 4—Terms and conditions for members of the Authority\n\n#### 19 Remuneration\n\n (1) An appointed member of the Authority is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an appointed member of the Authority is to be paid the remuneration that is prescribed by the legislative rules.\n (2) An appointed member of the Authority is to be paid the allowances that are prescribed by the legislative rules.\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n (4) A member of the Authority who is the President of the Remuneration Tribunal is to be paid the fees and allowances that are prescribed by the legislative rules.\n\n#### 20 Disclosure of interests\n\n (1) A disclosure by a member of the Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n (2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a member of the Authority is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n\n#### 21 Paid work\n\n A member of the Authority must not engage in any paid work that conflicts or may conflict with the proper performance of his or her duties.\n\n#### 22 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair of the Authority on the terms and conditions as to remuneration or otherwise that the Minister determines.\n (2) The Chair of the Authority may grant leave of absence to a member of the Authority on the terms and conditions that the Chair determines.\n\n#### 23 Resignation\n\n (1) A member of the Authority may resign his or her appointment by giving the Governor‑General a written resignation.\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Governor‑General may terminate the appointment of an appointed member of the Authority:\n (a) for misbehaviour; or\n (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.\n (2) The Governor‑General may terminate the appointment of an appointed member of the Authority if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the member engages in paid work that conflicts or may conflict with the proper performance of his or her duties (see section 21); or\n (c) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority.\n\n#### 25 Other terms and conditions\n\n A member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n### Division 5—Decision‑making by the Authority\n\n#### 26 Holding of meetings\n\n (1) The Authority is to hold such meetings as are necessary for the efficient performance of its functions.\n (2) The Chair of the Authority may convene a meeting at any time.\n\n#### 27 Presiding at meetings\n\n (1) The Chair of the Authority presides at all meetings at which he or she is present.\n (2) If the Chair of the Authority is not present at a meeting, the members of the Authority present must appoint one of themselves to preside.\n\n#### 28 Quorum\n\n At a meeting of the Authority, 2 members of the Authority constitute a quorum.\n\n#### 29 Voting at meetings etc.\n\n (1) A question arising at a meeting of the Authority is to be determined by a majority of the votes of the members of the Authority present and voting.\n (2) The person presiding at a meeting of the Authority has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 30 Conduct of meetings\n\n The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n#### 31 Minutes\n\n The Authority must keep minutes of its meetings.\n\n### Division 6—Delegation\n\n#### 32 Delegation by the Authority\n\n (1) The Authority may, in writing, delegate any or all of its functions and powers to:\n (a) a member of the Authority; or\n (b) the CEO; or\n (c) a member of the staff of the Authority; or\n (d) a person assisting the Authority under section 50.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Authority.\n (3) The delegation continues in force despite a change in the membership of the Authority.\n (4) The delegation may be varied or revoked by the Authority (whether or not there has been a change in the membership of the Authority).\n\n### Division 7—Other matters\n\n#### 33 Authority must give information to the Secretary\n\n (1) The Authority must give the Secretary such information or documents in relation to the Authority’s functions as the Secretary reasonably requires for the performance of the Secretary’s functions in relation to:\n (a) matters relating to MP work resources; or\n (b) matters relating to MOPS travel resources.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Secretary must give information to the Authority\n\n (1) The Secretary must give the Authority such information and documents as the Authority reasonably requires for the performance of the Authority’s functions.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n## Part 3—CEO of the Authority\n\n### Division 1—Introduction\n\n#### 35 Simplified outline of this Part\n\n• There is to be a Chief Executive Officer of the Authority.\n\n• The CEO’s functions are to manage the Authority’s administration and assist it in the performance of its functions.\n\n• The CEO must comply with certain directions given by the Authority.\n\n• The CEO is to be appointed by the Minister.\n\n#### 36 CEO\n\n There is to be a Chief Executive Officer of the Independent Parliamentary Expenses Authority.\n\n> Note: In this Act, CEO means the Chief Executive Officer of the Authority—see section 4.\n\n#### 37 Functions of the CEO\n\n The CEO’s functions are:\n (a) to manage the administration of the Authority; and\n (b) to assist the Authority in the performance of its functions.\n\n#### 38 Powers of the CEO\n\n The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 39 Directions by the Authority\n\n (1) The Authority may give written directions to the CEO about the performance of the CEO’s function under paragraph 37(b) (assisting the Authority).\n Compliance with a direction\n (2) The CEO must comply with a direction under subsection (1).\n When the CEO is not required to comply with a direction\n (3) Subsection (2) does not apply to the extent that:\n (a) the direction deals with the allocation of resources for the performance of the Authority’s functions; or\n (b) compliance with the direction would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Authority; or\n (c) the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Authority.\n Direction is not a legislative instrument\n (4) A direction under subsection (1) is not a legislative instrument.\n\n### Division 2—Appointments\n\n#### 40 Appointment of CEO\n\n (1) The CEO is to be appointed by the Minister by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n (3) The CEO holds office on a full‑time basis.\n (4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 41 Appointment of acting CEO\n\n (1) The Minister may, by written instrument, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed to act as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 42 Remuneration of the CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the legislative rules.\n (2) The CEO is to be paid the allowances that are prescribed by the legislative rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 43 Leave of absence of the CEO\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 44 Other employment of the CEO\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 45 Resignation of the CEO\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 46 Termination of appointment of the CEO\n\n Misbehaviour or incapacity\n (1) The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.\n Bankruptcy etc.\n (2) The Minister may terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 44); or\n (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 47 Other terms and conditions of the CEO\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n## Part 4—Staff of the Authority etc.\n\n#### 48 Simplified outline of this Part\n\n• The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n\n• The Authority may also be assisted by certain officers and employees.\n\n• The CEO may engage consultants.\n\n#### 49 Staff\n\n (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the CEO and the staff of the Authority together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 50 Persons assisting the Authority\n\n The Authority may also be assisted:\n (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers and employees of authorities of the Commonwealth; or\n (c) by officers and employees of a State or Territory; or\n (d) by officers and employees of authorities of a State or Territory;\n whose services are made available to the Authority in connection with the performance of any of its functions.\n\n#### 51 Consultants\n\n The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Authority’s functions.\n\n## Part 5—Information‑gathering powers\n\n#### 52 Simplified outline of this Part\n\n• The Authority may require a person to give the Authority information, or produce to the Authority a document, that is relevant to the performance of the Authority’s reporting or auditing functions.\n\n#### 53 Authority may obtain information and documents\n\n Scope\n (1) This section applies to a person if the Authority has reason to believe that the person has information or a document that is relevant to the performance of a function conferred on the Authority by any of paragraphs 12(1)(e) to (i).\n Requirement\n (2) The Authority may, by written notice given to the person, require the person:\n (a) to give to the Authority, within the period and in the manner and form specified in the notice, any such information; or\n (b) to produce to the Authority, within the period and in the manner specified in the notice, any such documents; or\n (c) to make copies of any such documents and to produce to the Authority, within the period and in the manner specified in the notice, those copies.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A person commits an offence if:\n (a) the Authority has given a notice to the person under subsection (2); and\n (b) the person engages in conduct; and\n (c) the person’s conduct contravenes a requirement in the notice.\n\nPenalty: 30 penalty units.\n\n (5) A notice under subsection (2) must set out the effect of:\n (a) subsection (4); and\n (b) sections 137.1 and 137.2 of the Criminal Code.\n\n#### 54 Copying documents—reasonable compensation\n\n A person is entitled to be paid by the Authority, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 53(2)(c).\n\n#### 55 Self‑incrimination\n\n A person is excused from giving information or producing a document or a copy of a document under this Part if the information or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.\n\n#### 56 Copies of documents\n\n (1) The Authority may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.\n (2) The Authority may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 53(2)(c).\n\n#### 57 Authority may retain documents\n\n (1) The Authority may take, and retain for as long as is necessary, possession of a document produced under this Part.\n (2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Authority to be a true copy.\n (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n (4) Until a certified copy is supplied, the Authority must, at such times and places as the Authority thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.\n\n#### 58 Relationship of information‑gathering powers to other laws\n\n (1) The operation of this Part is limited by laws of the Commonwealth relating to the powers, privileges and immunities of:\n (a) each House of the Parliament; and\n (b) the members of each House of the Parliament; and\n (c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.\n (2) This Part does not affect the law relating to legal professional privilege.\n\n## Part 6—Miscellaneous\n\n#### 59 Simplified outline of this Part\n\n• This Part deals with miscellaneous matters, such as the making of legislative rules.\n\n#### 60 Sensitive information not to be included in public reports\n\n (1) The Authority must not include particular information in a public report if:\n (a) the Authority is of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (b) the Attorney‑General has issued a certificate to the Authority stating that, in the opinion of the Attorney‑General, disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (c) the Authority is of the opinion that disclosure of the information would be likely to result in serious harm to, or would be likely to put at risk the safety of, the individual, or any of the individuals, to whom the information relates.\n (2) The Authority cannot be required, and is not permitted, to disclose to:\n (a) a House of the Parliament; or\n (b) a member of a House of the Parliament; or\n (c) a committee of a House of the Parliament or a joint committee of both Houses of the Parliament;\n information that subsection (1) prohibits being included in a public report.\n (3) If the Authority omits particular information from a public report because the Attorney‑General has issued a certificate under paragraph (1)(b) in relation to the information, the Authority must state in the report:\n (a) that information (which does not have to be identified) has been omitted from the report; and\n (b) that the Attorney‑General issued the certificate because the Attorney‑General was of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth.\n (4) If, because of subsection (1), the Authority:\n (a) decides not to prepare a public report; or\n (b) omits particular information from a public report;\n the Authority may prepare a report under this subsection that includes the information concerned. The Authority must give a copy of each report under this subsection to:\n (c) the Prime Minister; and\n (d) the Minister.\n (5) For the purposes of this section, public report means a report that is to be published on the Authority’s website.\n\n#### 61 Proceedings in the name of the Authority\n\n (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.\n (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.\n\n#### 62 Independent review\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the legislative rules.\n (2) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (3) The persons who conduct the review must give the Minister a written report of the review.\n (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 63 Transitional legislative rules\n\n The legislative rules may prescribe matters of a transitional nature relating to the abolition of the body known as the Independent Parliamentary Expenses Authority that was established as an Executive Agency under section 65 of the Public Service Act 1999.\n\n#### 64 Legislative rules\n\n (1) The Minister may, by legislative instrument, make rules (legislative rules) prescribing matters:\n (a) required or permitted by this Act to be prescribed by the legislative rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the legislative rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Independent Parliamentary Expenses Authority","content":"#### 11 Independent Parliamentary Expenses Authority\n\n (1) The Independent Parliamentary Expenses Authority is established by this section.\n\n> Note 1: The Authority does not have a legal identity separate from the Commonwealth.\n\n> Note 2: In this Act, Authority means the Independent Parliamentary Expenses Authority—see section 4.\n\n (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the Authority is a listed entity; and\n (b) the CEO is the accountable authority of the Authority; and\n (c) the following persons are officials of the Authority:\n (i) the Chair of the Authority;\n (ii) the other members of the Authority;\n (iii) the CEO;\n (iv) the staff of the Authority referred to in section 49;\n (v) persons whose services are made available to the Authority under section 50;\n (vi) consultants engaged under section 51; and\n (d) the purposes of the Authority include:\n (i) the functions of the Authority referred to in section 12; and\n (ii) the functions of the CEO referred to in section 37.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Functions of the Authority","content":"#### 12 Functions of the Authority\n\n (1) The Authority has the following functions:\n (a) to give personal advice:\n (i) to members and former members of parliament about matters relating to MP travel resources and MOPS travel resources; and\n (ii) to MOPS staff members about matters relating to MOPS travel resources;\n (b) to issue general advisory documents about matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (c) if the Authority considers that a particular general advisory document should be published—publish that general advisory document on the Authority’s website;\n (d) to monitor matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (e) to prepare regular reports about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (f) to publish reports prepared under paragraph (e) on the Authority’s website;\n (g) to prepare other such reports as the Authority considers appropriate about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (h) if the Authority considers that a particular report prepared under paragraph (g) should be published—publish that report on the Authority’s website;\n (i) to conduct, or arrange for the conduct of, such audits as the Authority considers appropriate of matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (j) to process claims, on behalf of the Commonwealth, for:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (k) on behalf of the Commonwealth, to incur expenses relating to, to pay or to provide MP travel resources;\n (l) on behalf of the Commonwealth, to incur expenses relating to MOPS travel resources;\n (m) to give rulings under section 37 of the Parliamentary Business Resources Act 2017 relating to certain MP travel resources;\n (n) if a law of the Commonwealth authorises the Authority to give rulings relating to MOPS travel resources—to give those rulings;\n (o) on behalf of the Commonwealth, to recover (whether by way of set‑off or otherwise) overpayments, repayments and cost recovery payments relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (p) such functions (if any) as are conferred on the Authority by any other law of the Commonwealth;\n (q) such other functions (if any) as are prescribed by the legislative rules;\n (r) to do anything incidental to or conducive to the performance of any of the above functions.\n Legislative rules may limit functions in relation to particular resources\n (1A) The legislative rules may provide that the functions of the Authority do not include doing a specified thing in relation to specified MP travel resources, MP work resources or MOPS travel resources. Any legislative rules made for the purposes of this subsection have effect despite subsection (1).\n (1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, legislative rules made for the purposes of subsection (1A) of this section may make different provision in relation to particular resources depending on whether a resource is payable or provided:\n (a) to or in relation to:\n (i) a member of parliament; or\n (ii) a former member of parliament; or\n (iii) without limiting subparagraph (ii), a former Prime Minister; or\n (iv) the estate of a person who dies while a member; or\n (b) in any other circumstance.\n Appointing persons to request and be given personal advice on behalf of members or former members of parliament\n (1C) A member or former member of parliament (the appointer) may, by written notice given to the Authority in accordance with subsection (1F), appoint a person covered by subsection (1D) (the appointee) to request and be given personal advice under subparagraph (1)(a)(i) on behalf of the appointer.\n\n> Note: For variation and revocation of an appointment, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n (1D) This subsection covers:\n (a) for a member of parliament—a MOPS staff member employed by the member, or a person in a class prescribed by the legislative rules for the purposes of this paragraph; and\n (b) for a former member of parliament—any person, other than a person in a class prescribed by the legislative rules for the purposes of this paragraph.\n (1E) The following paragraphs have effect:\n (a) if, while the appointment is in force, the appointee requests the Authority to give the appointee personal advice about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the request is taken for all purposes to have been made by the appointer under that subparagraph to the Authority;\n (b) if, while the appointment is in force, the Authority gives the appointee personal advice in response to such a request about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the personal advice is taken for all purposes to have been given by the Authority under that subparagraph to the appointer.\n (1F) If the Authority has approved, in writing, the form in which a notice of an appointment under subsection (1C) must be given, the notice must be:\n (a) in the approved form; and\n (b) given in the manner (if any) specified in the form; and\n (c) accompanied by the information or documents (if any) required by the form.\n (1G) The Authority must publish on its website a form approved for the purposes of subsection (1F).\n Reports may include personal information\n (2) A report under any of paragraphs (1)(e) to (h) may include personal information (within the meaning of the Privacy Act 1988).\n\n> Note 1: Each of those paragraphs constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n> Note 2: If the report is to be published on the Authority’s website, see also section 60 (sensitive information not to be included in public reports).\n\n Certain agency functions are not exclusive\n (3) Paragraphs (1)(k) and (l) do not, by implication, prevent an agent of the Commonwealth (other than the Authority) from having the authority to incur an expense of the kind referred to in those paragraphs on behalf of the Commonwealth.\n Functions cover claims\n (4) To avoid doubt, a reference to MP travel resources, MP work resources or MOPS travel resources includes a reference to a claim for such resources.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Powers of the Authority","content":"#### 13 Powers of the Authority\n\n The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Authority has privileges and immunities of the Crown","content":"#### 14 Authority has privileges and immunities of the Crown\n\n The Authority has the privileges and immunities of the Crown in right of the Commonwealth.","sortOrder":17},{"sectionNumber":"Division 3","sectionType":"division","heading":"Membership of the Authority","content":"An Act to establish the Independent Parliamentary Expenses Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Independent Parliamentary Expenses Authority Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 February 2017

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2017

(F2017N00036)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\n• This Act establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority has a CEO who is responsible for its administration and for assisting it to perform its functions.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> appointed member of the Authority means a member of the Authority who is not the President of the Remuneration Tribunal.\n\n> Authority means the Independent Parliamentary Expenses Authority.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> claim includes request.\n\n> Commonwealth judicial officer means:\n\n (a) a Justice of the High Court; or\n (b) a judge or justice of a court created by the Parliament.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> harm has the same meaning as in the Dictionary to the Criminal Code.\n\n> incidentals includes the cost of transport.\n\n> legislative rules means rules made under section 64.\n\n> member of parliament means:\n\n (a) a senator; or\n (b) a member of the House of Representatives; or\n (c) a Minister of State who is not a senator or member of the House of Representatives; or\n (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or\n (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives.\n\n> member of the Authority includes the Chair of the Authority.\n\n> MOPS staff member means a person employed under the Members of Parliament (Staff) Act 1984.\n\n> MOPS travel resource means:\n\n (a) an expense that is:\n (i) incurred in connection with travel by a MOPS staff member at the expense of the Commonwealth; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act); or\n (b) an allowance that is:\n (i) payable to a MOPS staff member in connection with travel by the MOPS staff member; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act).\n\n> MP travel resource means:\n\n (a) a travel expense payable under section 30 of the Parliamentary Business Resources Act 2017; or\n (b) a travel allowance payable under section 31 of that Act; or\n (c) an allowance or expense in connection with the travel of a former member of parliament that is payable under section 15 of that Act; or\n (d) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.\n\n> MP work resource means:\n\n (a) MP travel resource; or\n (b) a private plated vehicle provided to a member of parliament under paragraph 14(4)(a) of the Parliamentary Business Resources Act 2017 (which includes any expenses or services associated with operating or maintaining the vehicle); or\n (ba) an allowance or expense paid under paragraph 14(4)(c) of that Act in relation to internet or telephone services provided to a private residence of a member of parliament; or\n (bb) an allowance or expense that is payable under section 15 of that Act; or\n (c) goods, services, premises, equipment or any other facility that is provided under section 16 of that Act; or\n (d) a public resource that is provided by the Commonwealth under Part 3 of that Act.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> Secretary means the Secretary of the Department.\n\n> staff of the Authority means the staff described in section 49.\n\n> vacancy, in relation to the office of a member of the Authority, has a meaning affected by section 6.\n\n (2) To avoid doubt, a reference in this Act to an amount or resource (however described) that is payable or provided under this or any other Act includes an amount or resource that is purportedly payable or provided under that Act.\n\n#### 5 Expenses or allowances in connection with travel\n\n (1) For the purposes of this Act, expenses or allowances in connection with travel include expenses or allowances that relate to the following costs:\n (a) the cost of fares;\n (aa) the cost of taxis or other local transport in connection with travel;\n (b) the cost of the provision of charter services;\n (c) the cost of accommodation;\n (d) the cost of meals;\n (e) the cost of incidentals.\n (2) Expenses or allowances in connection with travel overseas include expenses or allowances that relate to the following costs:\n (a) the cost of vaccinations and medical supplies essential for travel overseas;\n (b) the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.\n\n#### 6 Vacancy in the office of a member of the Authority\n\n For the purposes of a reference in:\n (a) this Act to a vacancy in the office of a member of the Authority; or\n (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;\n there are taken to be 4 offices of members of the Authority in addition to the Chair of the Authority.\n\n#### 7 Crown to be bound\n\n This Act binds the Crown in right of the Commonwealth.\n\n#### 8 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 9 Extra‑territorial operation\n\n This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Independent Parliamentary Expenses Authority\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\n• This Part establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority consists of the following members:\n\n(a) a Chair;\n\n(b) the President of the Remuneration Tribunal;\n\n(c) at least 2, and not more than 3, other members.\n\n• The members of the Authority (other than the President of the Remuneration Tribunal) are to be appointed by the Governor‑General.\n\n• The Authority is to hold meetings.\n\n• The Authority may delegate its functions and powers.\n\n• The Authority and the Secretary must share relevant information.\n\n### Division 2—Authority’s establishment, functions, powers and liabilities\n\n#### 11 Independent Parliamentary Expenses Authority\n\n (1) The Independent Parliamentary Expenses Authority is established by this section.\n\n> Note 1: The Authority does not have a legal identity separate from the Commonwealth.\n\n> Note 2: In this Act, Authority means the Independent Parliamentary Expenses Authority—see section 4.\n\n (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the Authority is a listed entity; and\n (b) the CEO is the accountable authority of the Authority; and\n (c) the following persons are officials of the Authority:\n (i) the Chair of the Authority;\n (ii) the other members of the Authority;\n (iii) the CEO;\n (iv) the staff of the Authority referred to in section 49;\n (v) persons whose services are made available to the Authority under section 50;\n (vi) consultants engaged under section 51; and\n (d) the purposes of the Authority include:\n (i) the functions of the Authority referred to in section 12; and\n (ii) the functions of the CEO referred to in section 37.\n\n#### 12 Functions of the Authority\n\n (1) The Authority has the following functions:\n (a) to give personal advice:\n (i) to members and former members of parliament about matters relating to MP travel resources and MOPS travel resources; and\n (ii) to MOPS staff members about matters relating to MOPS travel resources;\n (b) to issue general advisory documents about matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (c) if the Authority considers that a particular general advisory document should be published—publish that general advisory document on the Authority’s website;\n (d) to monitor matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (e) to prepare regular reports about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (f) to publish reports prepared under paragraph (e) on the Authority’s website;\n (g) to prepare other such reports as the Authority considers appropriate about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (h) if the Authority considers that a particular report prepared under paragraph (g) should be published—publish that report on the Authority’s website;\n (i) to conduct, or arrange for the conduct of, such audits as the Authority considers appropriate of matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (j) to process claims, on behalf of the Commonwealth, for:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (k) on behalf of the Commonwealth, to incur expenses relating to, to pay or to provide MP travel resources;\n (l) on behalf of the Commonwealth, to incur expenses relating to MOPS travel resources;\n (m) to give rulings under section 37 of the Parliamentary Business Resources Act 2017 relating to certain MP travel resources;\n (n) if a law of the Commonwealth authorises the Authority to give rulings relating to MOPS travel resources—to give those rulings;\n (o) on behalf of the Commonwealth, to recover (whether by way of set‑off or otherwise) overpayments, repayments and cost recovery payments relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (p) such functions (if any) as are conferred on the Authority by any other law of the Commonwealth;\n (q) such other functions (if any) as are prescribed by the legislative rules;\n (r) to do anything incidental to or conducive to the performance of any of the above functions.\n Legislative rules may limit functions in relation to particular resources\n (1A) The legislative rules may provide that the functions of the Authority do not include doing a specified thing in relation to specified MP travel resources, MP work resources or MOPS travel resources. Any legislative rules made for the purposes of this subsection have effect despite subsection (1).\n (1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, legislative rules made for the purposes of subsection (1A) of this section may make different provision in relation to particular resources depending on whether a resource is payable or provided:\n (a) to or in relation to:\n (i) a member of parliament; or\n (ii) a former member of parliament; or\n (iii) without limiting subparagraph (ii), a former Prime Minister; or\n (iv) the estate of a person who dies while a member; or\n (b) in any other circumstance.\n Appointing persons to request and be given personal advice on behalf of members or former members of parliament\n (1C) A member or former member of parliament (the appointer) may, by written notice given to the Authority in accordance with subsection (1F), appoint a person covered by subsection (1D) (the appointee) to request and be given personal advice under subparagraph (1)(a)(i) on behalf of the appointer.\n\n> Note: For variation and revocation of an appointment, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n (1D) This subsection covers:\n (a) for a member of parliament—a MOPS staff member employed by the member, or a person in a class prescribed by the legislative rules for the purposes of this paragraph; and\n (b) for a former member of parliament—any person, other than a person in a class prescribed by the legislative rules for the purposes of this paragraph.\n (1E) The following paragraphs have effect:\n (a) if, while the appointment is in force, the appointee requests the Authority to give the appointee personal advice about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the request is taken for all purposes to have been made by the appointer under that subparagraph to the Authority;\n (b) if, while the appointment is in force, the Authority gives the appointee personal advice in response to such a request about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the personal advice is taken for all purposes to have been given by the Authority under that subparagraph to the appointer.\n (1F) If the Authority has approved, in writing, the form in which a notice of an appointment under subsection (1C) must be given, the notice must be:\n (a) in the approved form; and\n (b) given in the manner (if any) specified in the form; and\n (c) accompanied by the information or documents (if any) required by the form.\n (1G) The Authority must publish on its website a form approved for the purposes of subsection (1F).\n Reports may include personal information\n (2) A report under any of paragraphs (1)(e) to (h) may include personal information (within the meaning of the Privacy Act 1988).\n\n> Note 1: Each of those paragraphs constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n> Note 2: If the report is to be published on the Authority’s website, see also section 60 (sensitive information not to be included in public reports).\n\n Certain agency functions are not exclusive\n (3) Paragraphs (1)(k) and (l) do not, by implication, prevent an agent of the Commonwealth (other than the Authority) from having the authority to incur an expense of the kind referred to in those paragraphs on behalf of the Commonwealth.\n Functions cover claims\n (4) To avoid doubt, a reference to MP travel resources, MP work resources or MOPS travel resources includes a reference to a claim for such resources.\n\n#### 13 Powers of the Authority\n\n The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 14 Authority has privileges and immunities of the Crown\n\n The Authority has the privileges and immunities of the Crown in right of the Commonwealth.\n\n### Division 3—Membership of the Authority\n\n#### 15 Membership of the Authority\n\n The Authority consists of the following members:\n (a) a Chair;\n (b) the President of the Remuneration Tribunal;\n (c) at least 2, and not more than 3, other members.\n\n#### 16 Appointment of members of the Authority\n\n (1) Each member of the Authority (other than a member who is the President of the Remuneration Tribunal) is to be appointed by the Governor‑General by written instrument.\n\n> Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) One appointed member of the Authority must be:\n (a) a former Commonwealth judicial officer; or\n (b) a former judge of the Supreme Court of a State or Territory.\n (3) One appointed member of the Authority must be a former member of parliament.\n (4) One appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in the field of auditing.\n (5) If the Authority consists of 5 members, one appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in at least one of the following fields:\n (c) public administration;\n (d) corporate governance.\n (6) A member of the Authority holds office on a part‑time basis.\n (7) The performance of the functions, or the exercise of the powers, of the Authority is not affected merely because its membership is not as required by subsection (2), (3) or (4) unless a continuous period of 3 months has elapsed since its membership ceased to be as so required.\n (8) An office of member of the Authority that is held by the President of the Remuneration Tribunal is taken not to be a public office for the purposes of paragraph 4(4)(c) of the Remuneration Tribunal Act 1973.\n\n#### 17 Period of appointment for members of the Authority\n\n An appointed member of the Authority holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 18 Acting members of the Authority\n\n Acting Chair of the Authority\n (1) The Minister may, by written instrument, appoint a person to act as the Chair of the Authority:\n (a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair of the Authority:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n Acting member of the Authority (other than the Chair of the Authority)\n (2) The Minister may, by written instrument, appoint a person to act as a member of the Authority (other than the Chair of the Authority):\n (a) during a vacancy in the office of a member of the Authority (other than the Chair of the Authority), whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a member of the Authority (other than the Chair of the Authority):\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n### Division 4—Terms and conditions for members of the Authority\n\n#### 19 Remuneration\n\n (1) An appointed member of the Authority is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an appointed member of the Authority is to be paid the remuneration that is prescribed by the legislative rules.\n (2) An appointed member of the Authority is to be paid the allowances that are prescribed by the legislative rules.\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n (4) A member of the Authority who is the President of the Remuneration Tribunal is to be paid the fees and allowances that are prescribed by the legislative rules.\n\n#### 20 Disclosure of interests\n\n (1) A disclosure by a member of the Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n (2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a member of the Authority is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n\n#### 21 Paid work\n\n A member of the Authority must not engage in any paid work that conflicts or may conflict with the proper performance of his or her duties.\n\n#### 22 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair of the Authority on the terms and conditions as to remuneration or otherwise that the Minister determines.\n (2) The Chair of the Authority may grant leave of absence to a member of the Authority on the terms and conditions that the Chair determines.\n\n#### 23 Resignation\n\n (1) A member of the Authority may resign his or her appointment by giving the Governor‑General a written resignation.\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Governor‑General may terminate the appointment of an appointed member of the Authority:\n (a) for misbehaviour; or\n (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.\n (2) The Governor‑General may terminate the appointment of an appointed member of the Authority if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the member engages in paid work that conflicts or may conflict with the proper performance of his or her duties (see section 21); or\n (c) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority.\n\n#### 25 Other terms and conditions\n\n A member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n### Division 5—Decision‑making by the Authority\n\n#### 26 Holding of meetings\n\n (1) The Authority is to hold such meetings as are necessary for the efficient performance of its functions.\n (2) The Chair of the Authority may convene a meeting at any time.\n\n#### 27 Presiding at meetings\n\n (1) The Chair of the Authority presides at all meetings at which he or she is present.\n (2) If the Chair of the Authority is not present at a meeting, the members of the Authority present must appoint one of themselves to preside.\n\n#### 28 Quorum\n\n At a meeting of the Authority, 2 members of the Authority constitute a quorum.\n\n#### 29 Voting at meetings etc.\n\n (1) A question arising at a meeting of the Authority is to be determined by a majority of the votes of the members of the Authority present and voting.\n (2) The person presiding at a meeting of the Authority has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 30 Conduct of meetings\n\n The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n#### 31 Minutes\n\n The Authority must keep minutes of its meetings.\n\n### Division 6—Delegation\n\n#### 32 Delegation by the Authority\n\n (1) The Authority may, in writing, delegate any or all of its functions and powers to:\n (a) a member of the Authority; or\n (b) the CEO; or\n (c) a member of the staff of the Authority; or\n (d) a person assisting the Authority under section 50.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Authority.\n (3) The delegation continues in force despite a change in the membership of the Authority.\n (4) The delegation may be varied or revoked by the Authority (whether or not there has been a change in the membership of the Authority).\n\n### Division 7—Other matters\n\n#### 33 Authority must give information to the Secretary\n\n (1) The Authority must give the Secretary such information or documents in relation to the Authority’s functions as the Secretary reasonably requires for the performance of the Secretary’s functions in relation to:\n (a) matters relating to MP work resources; or\n (b) matters relating to MOPS travel resources.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Secretary must give information to the Authority\n\n (1) The Secretary must give the Authority such information and documents as the Authority reasonably requires for the performance of the Authority’s functions.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n## Part 3—CEO of the Authority\n\n### Division 1—Introduction\n\n#### 35 Simplified outline of this Part\n\n• There is to be a Chief Executive Officer of the Authority.\n\n• The CEO’s functions are to manage the Authority’s administration and assist it in the performance of its functions.\n\n• The CEO must comply with certain directions given by the Authority.\n\n• The CEO is to be appointed by the Minister.\n\n#### 36 CEO\n\n There is to be a Chief Executive Officer of the Independent Parliamentary Expenses Authority.\n\n> Note: In this Act, CEO means the Chief Executive Officer of the Authority—see section 4.\n\n#### 37 Functions of the CEO\n\n The CEO’s functions are:\n (a) to manage the administration of the Authority; and\n (b) to assist the Authority in the performance of its functions.\n\n#### 38 Powers of the CEO\n\n The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 39 Directions by the Authority\n\n (1) The Authority may give written directions to the CEO about the performance of the CEO’s function under paragraph 37(b) (assisting the Authority).\n Compliance with a direction\n (2) The CEO must comply with a direction under subsection (1).\n When the CEO is not required to comply with a direction\n (3) Subsection (2) does not apply to the extent that:\n (a) the direction deals with the allocation of resources for the performance of the Authority’s functions; or\n (b) compliance with the direction would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Authority; or\n (c) the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Authority.\n Direction is not a legislative instrument\n (4) A direction under subsection (1) is not a legislative instrument.\n\n### Division 2—Appointments\n\n#### 40 Appointment of CEO\n\n (1) The CEO is to be appointed by the Minister by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n (3) The CEO holds office on a full‑time basis.\n (4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 41 Appointment of acting CEO\n\n (1) The Minister may, by written instrument, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed to act as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 42 Remuneration of the CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the legislative rules.\n (2) The CEO is to be paid the allowances that are prescribed by the legislative rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 43 Leave of absence of the CEO\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 44 Other employment of the CEO\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 45 Resignation of the CEO\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 46 Termination of appointment of the CEO\n\n Misbehaviour or incapacity\n (1) The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.\n Bankruptcy etc.\n (2) The Minister may terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 44); or\n (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 47 Other terms and conditions of the CEO\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n## Part 4—Staff of the Authority etc.\n\n#### 48 Simplified outline of this Part\n\n• The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n\n• The Authority may also be assisted by certain officers and employees.\n\n• The CEO may engage consultants.\n\n#### 49 Staff\n\n (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the CEO and the staff of the Authority together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 50 Persons assisting the Authority\n\n The Authority may also be assisted:\n (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers and employees of authorities of the Commonwealth; or\n (c) by officers and employees of a State or Territory; or\n (d) by officers and employees of authorities of a State or Territory;\n whose services are made available to the Authority in connection with the performance of any of its functions.\n\n#### 51 Consultants\n\n The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Authority’s functions.\n\n## Part 5—Information‑gathering powers\n\n#### 52 Simplified outline of this Part\n\n• The Authority may require a person to give the Authority information, or produce to the Authority a document, that is relevant to the performance of the Authority’s reporting or auditing functions.\n\n#### 53 Authority may obtain information and documents\n\n Scope\n (1) This section applies to a person if the Authority has reason to believe that the person has information or a document that is relevant to the performance of a function conferred on the Authority by any of paragraphs 12(1)(e) to (i).\n Requirement\n (2) The Authority may, by written notice given to the person, require the person:\n (a) to give to the Authority, within the period and in the manner and form specified in the notice, any such information; or\n (b) to produce to the Authority, within the period and in the manner specified in the notice, any such documents; or\n (c) to make copies of any such documents and to produce to the Authority, within the period and in the manner specified in the notice, those copies.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A person commits an offence if:\n (a) the Authority has given a notice to the person under subsection (2); and\n (b) the person engages in conduct; and\n (c) the person’s conduct contravenes a requirement in the notice.\n\nPenalty: 30 penalty units.\n\n (5) A notice under subsection (2) must set out the effect of:\n (a) subsection (4); and\n (b) sections 137.1 and 137.2 of the Criminal Code.\n\n#### 54 Copying documents—reasonable compensation\n\n A person is entitled to be paid by the Authority, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 53(2)(c).\n\n#### 55 Self‑incrimination\n\n A person is excused from giving information or producing a document or a copy of a document under this Part if the information or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.\n\n#### 56 Copies of documents\n\n (1) The Authority may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.\n (2) The Authority may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 53(2)(c).\n\n#### 57 Authority may retain documents\n\n (1) The Authority may take, and retain for as long as is necessary, possession of a document produced under this Part.\n (2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Authority to be a true copy.\n (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n (4) Until a certified copy is supplied, the Authority must, at such times and places as the Authority thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.\n\n#### 58 Relationship of information‑gathering powers to other laws\n\n (1) The operation of this Part is limited by laws of the Commonwealth relating to the powers, privileges and immunities of:\n (a) each House of the Parliament; and\n (b) the members of each House of the Parliament; and\n (c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.\n (2) This Part does not affect the law relating to legal professional privilege.\n\n## Part 6—Miscellaneous\n\n#### 59 Simplified outline of this Part\n\n• This Part deals with miscellaneous matters, such as the making of legislative rules.\n\n#### 60 Sensitive information not to be included in public reports\n\n (1) The Authority must not include particular information in a public report if:\n (a) the Authority is of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (b) the Attorney‑General has issued a certificate to the Authority stating that, in the opinion of the Attorney‑General, disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (c) the Authority is of the opinion that disclosure of the information would be likely to result in serious harm to, or would be likely to put at risk the safety of, the individual, or any of the individuals, to whom the information relates.\n (2) The Authority cannot be required, and is not permitted, to disclose to:\n (a) a House of the Parliament; or\n (b) a member of a House of the Parliament; or\n (c) a committee of a House of the Parliament or a joint committee of both Houses of the Parliament;\n information that subsection (1) prohibits being included in a public report.\n (3) If the Authority omits particular information from a public report because the Attorney‑General has issued a certificate under paragraph (1)(b) in relation to the information, the Authority must state in the report:\n (a) that information (which does not have to be identified) has been omitted from the report; and\n (b) that the Attorney‑General issued the certificate because the Attorney‑General was of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth.\n (4) If, because of subsection (1), the Authority:\n (a) decides not to prepare a public report; or\n (b) omits particular information from a public report;\n the Authority may prepare a report under this subsection that includes the information concerned. The Authority must give a copy of each report under this subsection to:\n (c) the Prime Minister; and\n (d) the Minister.\n (5) For the purposes of this section, public report means a report that is to be published on the Authority’s website.\n\n#### 61 Proceedings in the name of the Authority\n\n (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.\n (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.\n\n#### 62 Independent review\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the legislative rules.\n (2) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (3) The persons who conduct the review must give the Minister a written report of the review.\n (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 63 Transitional legislative rules\n\n The legislative rules may prescribe matters of a transitional nature relating to the abolition of the body known as the Independent Parliamentary Expenses Authority that was established as an Executive Agency under section 65 of the Public Service Act 1999.\n\n#### 64 Legislative rules\n\n (1) The Minister may, by legislative instrument, make rules (legislative rules) prescribing matters:\n (a) required or permitted by this Act to be prescribed by the legislative rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the legislative rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Membership of the Authority","content":"#### 15 Membership of the Authority\n\n The Authority consists of the following members:\n (a) a Chair;\n (b) the President of the Remuneration Tribunal;\n (c) at least 2, and not more than 3, other members.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Appointment of members of the Authority","content":"#### 16 Appointment of members of the Authority\n\n (1) Each member of the Authority (other than a member who is the President of the Remuneration Tribunal) is to be appointed by the Governor‑General by written instrument.\n\n> Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) One appointed member of the Authority must be:\n (a) a former Commonwealth judicial officer; or\n (b) a former judge of the Supreme Court of a State or Territory.\n (3) One appointed member of the Authority must be a former member of parliament.\n (4) One appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in the field of auditing.\n (5) If the Authority consists of 5 members, one appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in at least one of the following fields:\n (c) public administration;\n (d) corporate governance.\n (6) A member of the Authority holds office on a part‑time basis.\n (7) The performance of the functions, or the exercise of the powers, of the Authority is not affected merely because its membership is not as required by subsection (2), (3) or (4) unless a continuous period of 3 months has elapsed since its membership ceased to be as so required.\n (8) An office of member of the Authority that is held by the President of the Remuneration Tribunal is taken not to be a public office for the purposes of paragraph 4(4)(c) of the Remuneration Tribunal Act 1973.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Period of appointment for members of the Authority","content":"#### 17 Period of appointment for members of the Authority\n\n An appointed member of the Authority holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Acting members of the Authority","content":"#### 18 Acting members of the Authority\n\n Acting Chair of the Authority\n (1) The Minister may, by written instrument, appoint a person to act as the Chair of the Authority:\n (a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair of the Authority:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n Acting member of the Authority (other than the Chair of the Authority)\n (2) The Minister may, by written instrument, appoint a person to act as a member of the Authority (other than the Chair of the Authority):\n (a) during a vacancy in the office of a member of the Authority (other than the Chair of the Authority), whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a member of the Authority (other than the Chair of the Authority):\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.","sortOrder":22},{"sectionNumber":"Division 4","sectionType":"division","heading":"Terms and conditions for members of the Authority","content":"An Act to establish the Independent Parliamentary Expenses Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Independent Parliamentary Expenses Authority Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 February 2017

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2017

(F2017N00036)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\n• This Act establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority has a CEO who is responsible for its administration and for assisting it to perform its functions.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> appointed member of the Authority means a member of the Authority who is not the President of the Remuneration Tribunal.\n\n> Authority means the Independent Parliamentary Expenses Authority.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> claim includes request.\n\n> Commonwealth judicial officer means:\n\n (a) a Justice of the High Court; or\n (b) a judge or justice of a court created by the Parliament.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> harm has the same meaning as in the Dictionary to the Criminal Code.\n\n> incidentals includes the cost of transport.\n\n> legislative rules means rules made under section 64.\n\n> member of parliament means:\n\n (a) a senator; or\n (b) a member of the House of Representatives; or\n (c) a Minister of State who is not a senator or member of the House of Representatives; or\n (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or\n (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives.\n\n> member of the Authority includes the Chair of the Authority.\n\n> MOPS staff member means a person employed under the Members of Parliament (Staff) Act 1984.\n\n> MOPS travel resource means:\n\n (a) an expense that is:\n (i) incurred in connection with travel by a MOPS staff member at the expense of the Commonwealth; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act); or\n (b) an allowance that is:\n (i) payable to a MOPS staff member in connection with travel by the MOPS staff member; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act).\n\n> MP travel resource means:\n\n (a) a travel expense payable under section 30 of the Parliamentary Business Resources Act 2017; or\n (b) a travel allowance payable under section 31 of that Act; or\n (c) an allowance or expense in connection with the travel of a former member of parliament that is payable under section 15 of that Act; or\n (d) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.\n\n> MP work resource means:\n\n (a) MP travel resource; or\n (b) a private plated vehicle provided to a member of parliament under paragraph 14(4)(a) of the Parliamentary Business Resources Act 2017 (which includes any expenses or services associated with operating or maintaining the vehicle); or\n (ba) an allowance or expense paid under paragraph 14(4)(c) of that Act in relation to internet or telephone services provided to a private residence of a member of parliament; or\n (bb) an allowance or expense that is payable under section 15 of that Act; or\n (c) goods, services, premises, equipment or any other facility that is provided under section 16 of that Act; or\n (d) a public resource that is provided by the Commonwealth under Part 3 of that Act.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> Secretary means the Secretary of the Department.\n\n> staff of the Authority means the staff described in section 49.\n\n> vacancy, in relation to the office of a member of the Authority, has a meaning affected by section 6.\n\n (2) To avoid doubt, a reference in this Act to an amount or resource (however described) that is payable or provided under this or any other Act includes an amount or resource that is purportedly payable or provided under that Act.\n\n#### 5 Expenses or allowances in connection with travel\n\n (1) For the purposes of this Act, expenses or allowances in connection with travel include expenses or allowances that relate to the following costs:\n (a) the cost of fares;\n (aa) the cost of taxis or other local transport in connection with travel;\n (b) the cost of the provision of charter services;\n (c) the cost of accommodation;\n (d) the cost of meals;\n (e) the cost of incidentals.\n (2) Expenses or allowances in connection with travel overseas include expenses or allowances that relate to the following costs:\n (a) the cost of vaccinations and medical supplies essential for travel overseas;\n (b) the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.\n\n#### 6 Vacancy in the office of a member of the Authority\n\n For the purposes of a reference in:\n (a) this Act to a vacancy in the office of a member of the Authority; or\n (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;\n there are taken to be 4 offices of members of the Authority in addition to the Chair of the Authority.\n\n#### 7 Crown to be bound\n\n This Act binds the Crown in right of the Commonwealth.\n\n#### 8 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 9 Extra‑territorial operation\n\n This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Independent Parliamentary Expenses Authority\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\n• This Part establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority consists of the following members:\n\n(a) a Chair;\n\n(b) the President of the Remuneration Tribunal;\n\n(c) at least 2, and not more than 3, other members.\n\n• The members of the Authority (other than the President of the Remuneration Tribunal) are to be appointed by the Governor‑General.\n\n• The Authority is to hold meetings.\n\n• The Authority may delegate its functions and powers.\n\n• The Authority and the Secretary must share relevant information.\n\n### Division 2—Authority’s establishment, functions, powers and liabilities\n\n#### 11 Independent Parliamentary Expenses Authority\n\n (1) The Independent Parliamentary Expenses Authority is established by this section.\n\n> Note 1: The Authority does not have a legal identity separate from the Commonwealth.\n\n> Note 2: In this Act, Authority means the Independent Parliamentary Expenses Authority—see section 4.\n\n (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the Authority is a listed entity; and\n (b) the CEO is the accountable authority of the Authority; and\n (c) the following persons are officials of the Authority:\n (i) the Chair of the Authority;\n (ii) the other members of the Authority;\n (iii) the CEO;\n (iv) the staff of the Authority referred to in section 49;\n (v) persons whose services are made available to the Authority under section 50;\n (vi) consultants engaged under section 51; and\n (d) the purposes of the Authority include:\n (i) the functions of the Authority referred to in section 12; and\n (ii) the functions of the CEO referred to in section 37.\n\n#### 12 Functions of the Authority\n\n (1) The Authority has the following functions:\n (a) to give personal advice:\n (i) to members and former members of parliament about matters relating to MP travel resources and MOPS travel resources; and\n (ii) to MOPS staff members about matters relating to MOPS travel resources;\n (b) to issue general advisory documents about matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (c) if the Authority considers that a particular general advisory document should be published—publish that general advisory document on the Authority’s website;\n (d) to monitor matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (e) to prepare regular reports about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (f) to publish reports prepared under paragraph (e) on the Authority’s website;\n (g) to prepare other such reports as the Authority considers appropriate about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (h) if the Authority considers that a particular report prepared under paragraph (g) should be published—publish that report on the Authority’s website;\n (i) to conduct, or arrange for the conduct of, such audits as the Authority considers appropriate of matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (j) to process claims, on behalf of the Commonwealth, for:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (k) on behalf of the Commonwealth, to incur expenses relating to, to pay or to provide MP travel resources;\n (l) on behalf of the Commonwealth, to incur expenses relating to MOPS travel resources;\n (m) to give rulings under section 37 of the Parliamentary Business Resources Act 2017 relating to certain MP travel resources;\n (n) if a law of the Commonwealth authorises the Authority to give rulings relating to MOPS travel resources—to give those rulings;\n (o) on behalf of the Commonwealth, to recover (whether by way of set‑off or otherwise) overpayments, repayments and cost recovery payments relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (p) such functions (if any) as are conferred on the Authority by any other law of the Commonwealth;\n (q) such other functions (if any) as are prescribed by the legislative rules;\n (r) to do anything incidental to or conducive to the performance of any of the above functions.\n Legislative rules may limit functions in relation to particular resources\n (1A) The legislative rules may provide that the functions of the Authority do not include doing a specified thing in relation to specified MP travel resources, MP work resources or MOPS travel resources. Any legislative rules made for the purposes of this subsection have effect despite subsection (1).\n (1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, legislative rules made for the purposes of subsection (1A) of this section may make different provision in relation to particular resources depending on whether a resource is payable or provided:\n (a) to or in relation to:\n (i) a member of parliament; or\n (ii) a former member of parliament; or\n (iii) without limiting subparagraph (ii), a former Prime Minister; or\n (iv) the estate of a person who dies while a member; or\n (b) in any other circumstance.\n Appointing persons to request and be given personal advice on behalf of members or former members of parliament\n (1C) A member or former member of parliament (the appointer) may, by written notice given to the Authority in accordance with subsection (1F), appoint a person covered by subsection (1D) (the appointee) to request and be given personal advice under subparagraph (1)(a)(i) on behalf of the appointer.\n\n> Note: For variation and revocation of an appointment, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n (1D) This subsection covers:\n (a) for a member of parliament—a MOPS staff member employed by the member, or a person in a class prescribed by the legislative rules for the purposes of this paragraph; and\n (b) for a former member of parliament—any person, other than a person in a class prescribed by the legislative rules for the purposes of this paragraph.\n (1E) The following paragraphs have effect:\n (a) if, while the appointment is in force, the appointee requests the Authority to give the appointee personal advice about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the request is taken for all purposes to have been made by the appointer under that subparagraph to the Authority;\n (b) if, while the appointment is in force, the Authority gives the appointee personal advice in response to such a request about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the personal advice is taken for all purposes to have been given by the Authority under that subparagraph to the appointer.\n (1F) If the Authority has approved, in writing, the form in which a notice of an appointment under subsection (1C) must be given, the notice must be:\n (a) in the approved form; and\n (b) given in the manner (if any) specified in the form; and\n (c) accompanied by the information or documents (if any) required by the form.\n (1G) The Authority must publish on its website a form approved for the purposes of subsection (1F).\n Reports may include personal information\n (2) A report under any of paragraphs (1)(e) to (h) may include personal information (within the meaning of the Privacy Act 1988).\n\n> Note 1: Each of those paragraphs constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n> Note 2: If the report is to be published on the Authority’s website, see also section 60 (sensitive information not to be included in public reports).\n\n Certain agency functions are not exclusive\n (3) Paragraphs (1)(k) and (l) do not, by implication, prevent an agent of the Commonwealth (other than the Authority) from having the authority to incur an expense of the kind referred to in those paragraphs on behalf of the Commonwealth.\n Functions cover claims\n (4) To avoid doubt, a reference to MP travel resources, MP work resources or MOPS travel resources includes a reference to a claim for such resources.\n\n#### 13 Powers of the Authority\n\n The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 14 Authority has privileges and immunities of the Crown\n\n The Authority has the privileges and immunities of the Crown in right of the Commonwealth.\n\n### Division 3—Membership of the Authority\n\n#### 15 Membership of the Authority\n\n The Authority consists of the following members:\n (a) a Chair;\n (b) the President of the Remuneration Tribunal;\n (c) at least 2, and not more than 3, other members.\n\n#### 16 Appointment of members of the Authority\n\n (1) Each member of the Authority (other than a member who is the President of the Remuneration Tribunal) is to be appointed by the Governor‑General by written instrument.\n\n> Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) One appointed member of the Authority must be:\n (a) a former Commonwealth judicial officer; or\n (b) a former judge of the Supreme Court of a State or Territory.\n (3) One appointed member of the Authority must be a former member of parliament.\n (4) One appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in the field of auditing.\n (5) If the Authority consists of 5 members, one appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in at least one of the following fields:\n (c) public administration;\n (d) corporate governance.\n (6) A member of the Authority holds office on a part‑time basis.\n (7) The performance of the functions, or the exercise of the powers, of the Authority is not affected merely because its membership is not as required by subsection (2), (3) or (4) unless a continuous period of 3 months has elapsed since its membership ceased to be as so required.\n (8) An office of member of the Authority that is held by the President of the Remuneration Tribunal is taken not to be a public office for the purposes of paragraph 4(4)(c) of the Remuneration Tribunal Act 1973.\n\n#### 17 Period of appointment for members of the Authority\n\n An appointed member of the Authority holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 18 Acting members of the Authority\n\n Acting Chair of the Authority\n (1) The Minister may, by written instrument, appoint a person to act as the Chair of the Authority:\n (a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair of the Authority:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n Acting member of the Authority (other than the Chair of the Authority)\n (2) The Minister may, by written instrument, appoint a person to act as a member of the Authority (other than the Chair of the Authority):\n (a) during a vacancy in the office of a member of the Authority (other than the Chair of the Authority), whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a member of the Authority (other than the Chair of the Authority):\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n### Division 4—Terms and conditions for members of the Authority\n\n#### 19 Remuneration\n\n (1) An appointed member of the Authority is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an appointed member of the Authority is to be paid the remuneration that is prescribed by the legislative rules.\n (2) An appointed member of the Authority is to be paid the allowances that are prescribed by the legislative rules.\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n (4) A member of the Authority who is the President of the Remuneration Tribunal is to be paid the fees and allowances that are prescribed by the legislative rules.\n\n#### 20 Disclosure of interests\n\n (1) A disclosure by a member of the Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n (2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a member of the Authority is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n\n#### 21 Paid work\n\n A member of the Authority must not engage in any paid work that conflicts or may conflict with the proper performance of his or her duties.\n\n#### 22 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair of the Authority on the terms and conditions as to remuneration or otherwise that the Minister determines.\n (2) The Chair of the Authority may grant leave of absence to a member of the Authority on the terms and conditions that the Chair determines.\n\n#### 23 Resignation\n\n (1) A member of the Authority may resign his or her appointment by giving the Governor‑General a written resignation.\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Governor‑General may terminate the appointment of an appointed member of the Authority:\n (a) for misbehaviour; or\n (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.\n (2) The Governor‑General may terminate the appointment of an appointed member of the Authority if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the member engages in paid work that conflicts or may conflict with the proper performance of his or her duties (see section 21); or\n (c) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority.\n\n#### 25 Other terms and conditions\n\n A member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n### Division 5—Decision‑making by the Authority\n\n#### 26 Holding of meetings\n\n (1) The Authority is to hold such meetings as are necessary for the efficient performance of its functions.\n (2) The Chair of the Authority may convene a meeting at any time.\n\n#### 27 Presiding at meetings\n\n (1) The Chair of the Authority presides at all meetings at which he or she is present.\n (2) If the Chair of the Authority is not present at a meeting, the members of the Authority present must appoint one of themselves to preside.\n\n#### 28 Quorum\n\n At a meeting of the Authority, 2 members of the Authority constitute a quorum.\n\n#### 29 Voting at meetings etc.\n\n (1) A question arising at a meeting of the Authority is to be determined by a majority of the votes of the members of the Authority present and voting.\n (2) The person presiding at a meeting of the Authority has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 30 Conduct of meetings\n\n The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n#### 31 Minutes\n\n The Authority must keep minutes of its meetings.\n\n### Division 6—Delegation\n\n#### 32 Delegation by the Authority\n\n (1) The Authority may, in writing, delegate any or all of its functions and powers to:\n (a) a member of the Authority; or\n (b) the CEO; or\n (c) a member of the staff of the Authority; or\n (d) a person assisting the Authority under section 50.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Authority.\n (3) The delegation continues in force despite a change in the membership of the Authority.\n (4) The delegation may be varied or revoked by the Authority (whether or not there has been a change in the membership of the Authority).\n\n### Division 7—Other matters\n\n#### 33 Authority must give information to the Secretary\n\n (1) The Authority must give the Secretary such information or documents in relation to the Authority’s functions as the Secretary reasonably requires for the performance of the Secretary’s functions in relation to:\n (a) matters relating to MP work resources; or\n (b) matters relating to MOPS travel resources.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Secretary must give information to the Authority\n\n (1) The Secretary must give the Authority such information and documents as the Authority reasonably requires for the performance of the Authority’s functions.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n## Part 3—CEO of the Authority\n\n### Division 1—Introduction\n\n#### 35 Simplified outline of this Part\n\n• There is to be a Chief Executive Officer of the Authority.\n\n• The CEO’s functions are to manage the Authority’s administration and assist it in the performance of its functions.\n\n• The CEO must comply with certain directions given by the Authority.\n\n• The CEO is to be appointed by the Minister.\n\n#### 36 CEO\n\n There is to be a Chief Executive Officer of the Independent Parliamentary Expenses Authority.\n\n> Note: In this Act, CEO means the Chief Executive Officer of the Authority—see section 4.\n\n#### 37 Functions of the CEO\n\n The CEO’s functions are:\n (a) to manage the administration of the Authority; and\n (b) to assist the Authority in the performance of its functions.\n\n#### 38 Powers of the CEO\n\n The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 39 Directions by the Authority\n\n (1) The Authority may give written directions to the CEO about the performance of the CEO’s function under paragraph 37(b) (assisting the Authority).\n Compliance with a direction\n (2) The CEO must comply with a direction under subsection (1).\n When the CEO is not required to comply with a direction\n (3) Subsection (2) does not apply to the extent that:\n (a) the direction deals with the allocation of resources for the performance of the Authority’s functions; or\n (b) compliance with the direction would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Authority; or\n (c) the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Authority.\n Direction is not a legislative instrument\n (4) A direction under subsection (1) is not a legislative instrument.\n\n### Division 2—Appointments\n\n#### 40 Appointment of CEO\n\n (1) The CEO is to be appointed by the Minister by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n (3) The CEO holds office on a full‑time basis.\n (4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 41 Appointment of acting CEO\n\n (1) The Minister may, by written instrument, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed to act as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 42 Remuneration of the CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the legislative rules.\n (2) The CEO is to be paid the allowances that are prescribed by the legislative rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 43 Leave of absence of the CEO\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 44 Other employment of the CEO\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 45 Resignation of the CEO\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 46 Termination of appointment of the CEO\n\n Misbehaviour or incapacity\n (1) The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.\n Bankruptcy etc.\n (2) The Minister may terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 44); or\n (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 47 Other terms and conditions of the CEO\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n## Part 4—Staff of the Authority etc.\n\n#### 48 Simplified outline of this Part\n\n• The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n\n• The Authority may also be assisted by certain officers and employees.\n\n• The CEO may engage consultants.\n\n#### 49 Staff\n\n (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the CEO and the staff of the Authority together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 50 Persons assisting the Authority\n\n The Authority may also be assisted:\n (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers and employees of authorities of the Commonwealth; or\n (c) by officers and employees of a State or Territory; or\n (d) by officers and employees of authorities of a State or Territory;\n whose services are made available to the Authority in connection with the performance of any of its functions.\n\n#### 51 Consultants\n\n The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Authority’s functions.\n\n## Part 5—Information‑gathering powers\n\n#### 52 Simplified outline of this Part\n\n• The Authority may require a person to give the Authority information, or produce to the Authority a document, that is relevant to the performance of the Authority’s reporting or auditing functions.\n\n#### 53 Authority may obtain information and documents\n\n Scope\n (1) This section applies to a person if the Authority has reason to believe that the person has information or a document that is relevant to the performance of a function conferred on the Authority by any of paragraphs 12(1)(e) to (i).\n Requirement\n (2) The Authority may, by written notice given to the person, require the person:\n (a) to give to the Authority, within the period and in the manner and form specified in the notice, any such information; or\n (b) to produce to the Authority, within the period and in the manner specified in the notice, any such documents; or\n (c) to make copies of any such documents and to produce to the Authority, within the period and in the manner specified in the notice, those copies.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A person commits an offence if:\n (a) the Authority has given a notice to the person under subsection (2); and\n (b) the person engages in conduct; and\n (c) the person’s conduct contravenes a requirement in the notice.\n\nPenalty: 30 penalty units.\n\n (5) A notice under subsection (2) must set out the effect of:\n (a) subsection (4); and\n (b) sections 137.1 and 137.2 of the Criminal Code.\n\n#### 54 Copying documents—reasonable compensation\n\n A person is entitled to be paid by the Authority, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 53(2)(c).\n\n#### 55 Self‑incrimination\n\n A person is excused from giving information or producing a document or a copy of a document under this Part if the information or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.\n\n#### 56 Copies of documents\n\n (1) The Authority may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.\n (2) The Authority may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 53(2)(c).\n\n#### 57 Authority may retain documents\n\n (1) The Authority may take, and retain for as long as is necessary, possession of a document produced under this Part.\n (2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Authority to be a true copy.\n (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n (4) Until a certified copy is supplied, the Authority must, at such times and places as the Authority thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.\n\n#### 58 Relationship of information‑gathering powers to other laws\n\n (1) The operation of this Part is limited by laws of the Commonwealth relating to the powers, privileges and immunities of:\n (a) each House of the Parliament; and\n (b) the members of each House of the Parliament; and\n (c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.\n (2) This Part does not affect the law relating to legal professional privilege.\n\n## Part 6—Miscellaneous\n\n#### 59 Simplified outline of this Part\n\n• This Part deals with miscellaneous matters, such as the making of legislative rules.\n\n#### 60 Sensitive information not to be included in public reports\n\n (1) The Authority must not include particular information in a public report if:\n (a) the Authority is of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (b) the Attorney‑General has issued a certificate to the Authority stating that, in the opinion of the Attorney‑General, disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (c) the Authority is of the opinion that disclosure of the information would be likely to result in serious harm to, or would be likely to put at risk the safety of, the individual, or any of the individuals, to whom the information relates.\n (2) The Authority cannot be required, and is not permitted, to disclose to:\n (a) a House of the Parliament; or\n (b) a member of a House of the Parliament; or\n (c) a committee of a House of the Parliament or a joint committee of both Houses of the Parliament;\n information that subsection (1) prohibits being included in a public report.\n (3) If the Authority omits particular information from a public report because the Attorney‑General has issued a certificate under paragraph (1)(b) in relation to the information, the Authority must state in the report:\n (a) that information (which does not have to be identified) has been omitted from the report; and\n (b) that the Attorney‑General issued the certificate because the Attorney‑General was of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth.\n (4) If, because of subsection (1), the Authority:\n (a) decides not to prepare a public report; or\n (b) omits particular information from a public report;\n the Authority may prepare a report under this subsection that includes the information concerned. The Authority must give a copy of each report under this subsection to:\n (c) the Prime Minister; and\n (d) the Minister.\n (5) For the purposes of this section, public report means a report that is to be published on the Authority’s website.\n\n#### 61 Proceedings in the name of the Authority\n\n (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.\n (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.\n\n#### 62 Independent review\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the legislative rules.\n (2) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (3) The persons who conduct the review must give the Minister a written report of the review.\n (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 63 Transitional legislative rules\n\n The legislative rules may prescribe matters of a transitional nature relating to the abolition of the body known as the Independent Parliamentary Expenses Authority that was established as an Executive Agency under section 65 of the Public Service Act 1999.\n\n#### 64 Legislative rules\n\n (1) The Minister may, by legislative instrument, make rules (legislative rules) prescribing matters:\n (a) required or permitted by this Act to be prescribed by the legislative rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the legislative rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Remuneration","content":"#### 19 Remuneration\n\n (1) An appointed member of the Authority is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an appointed member of the Authority is to be paid the remuneration that is prescribed by the legislative rules.\n (2) An appointed member of the Authority is to be paid the allowances that are prescribed by the legislative rules.\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n (4) A member of the Authority who is the President of the Remuneration Tribunal is to be paid the fees and allowances that are prescribed by the legislative rules.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Disclosure of interests","content":"#### 20 Disclosure of interests\n\n (1) A disclosure by a member of the Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n (2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a member of the Authority is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Paid work","content":"#### 21 Paid work\n\n A member of the Authority must not engage in any paid work that conflicts or may conflict with the proper performance of his or her duties.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Leave of absence","content":"#### 22 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair of the Authority on the terms and conditions as to remuneration or otherwise that the Minister determines.\n (2) The Chair of the Authority may grant leave of absence to a member of the Authority on the terms and conditions that the Chair determines.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Resignation","content":"#### 23 Resignation\n\n (1) A member of the Authority may resign his or her appointment by giving the Governor‑General a written resignation.\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Termination of appointment","content":"#### 24 Termination of appointment\n\n (1) The Governor‑General may terminate the appointment of an appointed member of the Authority:\n (a) for misbehaviour; or\n (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.\n (2) The Governor‑General may terminate the appointment of an appointed member of the Authority if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the member engages in paid work that conflicts or may conflict with the proper performance of his or her duties (see section 21); or\n (c) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Other terms and conditions","content":"#### 25 Other terms and conditions\n\n A member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.","sortOrder":30},{"sectionNumber":"Division 5","sectionType":"division","heading":"Decision‑making by the Authority","content":"An Act to establish the Independent Parliamentary Expenses Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Independent Parliamentary Expenses Authority Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 February 2017

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2017

(F2017N00036)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\n• This Act establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority has a CEO who is responsible for its administration and for assisting it to perform its functions.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> appointed member of the Authority means a member of the Authority who is not the President of the Remuneration Tribunal.\n\n> Authority means the Independent Parliamentary Expenses Authority.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> claim includes request.\n\n> Commonwealth judicial officer means:\n\n (a) a Justice of the High Court; or\n (b) a judge or justice of a court created by the Parliament.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> harm has the same meaning as in the Dictionary to the Criminal Code.\n\n> incidentals includes the cost of transport.\n\n> legislative rules means rules made under section 64.\n\n> member of parliament means:\n\n (a) a senator; or\n (b) a member of the House of Representatives; or\n (c) a Minister of State who is not a senator or member of the House of Representatives; or\n (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or\n (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives.\n\n> member of the Authority includes the Chair of the Authority.\n\n> MOPS staff member means a person employed under the Members of Parliament (Staff) Act 1984.\n\n> MOPS travel resource means:\n\n (a) an expense that is:\n (i) incurred in connection with travel by a MOPS staff member at the expense of the Commonwealth; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act); or\n (b) an allowance that is:\n (i) payable to a MOPS staff member in connection with travel by the MOPS staff member; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act).\n\n> MP travel resource means:\n\n (a) a travel expense payable under section 30 of the Parliamentary Business Resources Act 2017; or\n (b) a travel allowance payable under section 31 of that Act; or\n (c) an allowance or expense in connection with the travel of a former member of parliament that is payable under section 15 of that Act; or\n (d) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.\n\n> MP work resource means:\n\n (a) MP travel resource; or\n (b) a private plated vehicle provided to a member of parliament under paragraph 14(4)(a) of the Parliamentary Business Resources Act 2017 (which includes any expenses or services associated with operating or maintaining the vehicle); or\n (ba) an allowance or expense paid under paragraph 14(4)(c) of that Act in relation to internet or telephone services provided to a private residence of a member of parliament; or\n (bb) an allowance or expense that is payable under section 15 of that Act; or\n (c) goods, services, premises, equipment or any other facility that is provided under section 16 of that Act; or\n (d) a public resource that is provided by the Commonwealth under Part 3 of that Act.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> Secretary means the Secretary of the Department.\n\n> staff of the Authority means the staff described in section 49.\n\n> vacancy, in relation to the office of a member of the Authority, has a meaning affected by section 6.\n\n (2) To avoid doubt, a reference in this Act to an amount or resource (however described) that is payable or provided under this or any other Act includes an amount or resource that is purportedly payable or provided under that Act.\n\n#### 5 Expenses or allowances in connection with travel\n\n (1) For the purposes of this Act, expenses or allowances in connection with travel include expenses or allowances that relate to the following costs:\n (a) the cost of fares;\n (aa) the cost of taxis or other local transport in connection with travel;\n (b) the cost of the provision of charter services;\n (c) the cost of accommodation;\n (d) the cost of meals;\n (e) the cost of incidentals.\n (2) Expenses or allowances in connection with travel overseas include expenses or allowances that relate to the following costs:\n (a) the cost of vaccinations and medical supplies essential for travel overseas;\n (b) the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.\n\n#### 6 Vacancy in the office of a member of the Authority\n\n For the purposes of a reference in:\n (a) this Act to a vacancy in the office of a member of the Authority; or\n (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;\n there are taken to be 4 offices of members of the Authority in addition to the Chair of the Authority.\n\n#### 7 Crown to be bound\n\n This Act binds the Crown in right of the Commonwealth.\n\n#### 8 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 9 Extra‑territorial operation\n\n This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Independent Parliamentary Expenses Authority\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\n• This Part establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority consists of the following members:\n\n(a) a Chair;\n\n(b) the President of the Remuneration Tribunal;\n\n(c) at least 2, and not more than 3, other members.\n\n• The members of the Authority (other than the President of the Remuneration Tribunal) are to be appointed by the Governor‑General.\n\n• The Authority is to hold meetings.\n\n• The Authority may delegate its functions and powers.\n\n• The Authority and the Secretary must share relevant information.\n\n### Division 2—Authority’s establishment, functions, powers and liabilities\n\n#### 11 Independent Parliamentary Expenses Authority\n\n (1) The Independent Parliamentary Expenses Authority is established by this section.\n\n> Note 1: The Authority does not have a legal identity separate from the Commonwealth.\n\n> Note 2: In this Act, Authority means the Independent Parliamentary Expenses Authority—see section 4.\n\n (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the Authority is a listed entity; and\n (b) the CEO is the accountable authority of the Authority; and\n (c) the following persons are officials of the Authority:\n (i) the Chair of the Authority;\n (ii) the other members of the Authority;\n (iii) the CEO;\n (iv) the staff of the Authority referred to in section 49;\n (v) persons whose services are made available to the Authority under section 50;\n (vi) consultants engaged under section 51; and\n (d) the purposes of the Authority include:\n (i) the functions of the Authority referred to in section 12; and\n (ii) the functions of the CEO referred to in section 37.\n\n#### 12 Functions of the Authority\n\n (1) The Authority has the following functions:\n (a) to give personal advice:\n (i) to members and former members of parliament about matters relating to MP travel resources and MOPS travel resources; and\n (ii) to MOPS staff members about matters relating to MOPS travel resources;\n (b) to issue general advisory documents about matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (c) if the Authority considers that a particular general advisory document should be published—publish that general advisory document on the Authority’s website;\n (d) to monitor matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (e) to prepare regular reports about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (f) to publish reports prepared under paragraph (e) on the Authority’s website;\n (g) to prepare other such reports as the Authority considers appropriate about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (h) if the Authority considers that a particular report prepared under paragraph (g) should be published—publish that report on the Authority’s website;\n (i) to conduct, or arrange for the conduct of, such audits as the Authority considers appropriate of matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (j) to process claims, on behalf of the Commonwealth, for:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (k) on behalf of the Commonwealth, to incur expenses relating to, to pay or to provide MP travel resources;\n (l) on behalf of the Commonwealth, to incur expenses relating to MOPS travel resources;\n (m) to give rulings under section 37 of the Parliamentary Business Resources Act 2017 relating to certain MP travel resources;\n (n) if a law of the Commonwealth authorises the Authority to give rulings relating to MOPS travel resources—to give those rulings;\n (o) on behalf of the Commonwealth, to recover (whether by way of set‑off or otherwise) overpayments, repayments and cost recovery payments relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (p) such functions (if any) as are conferred on the Authority by any other law of the Commonwealth;\n (q) such other functions (if any) as are prescribed by the legislative rules;\n (r) to do anything incidental to or conducive to the performance of any of the above functions.\n Legislative rules may limit functions in relation to particular resources\n (1A) The legislative rules may provide that the functions of the Authority do not include doing a specified thing in relation to specified MP travel resources, MP work resources or MOPS travel resources. Any legislative rules made for the purposes of this subsection have effect despite subsection (1).\n (1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, legislative rules made for the purposes of subsection (1A) of this section may make different provision in relation to particular resources depending on whether a resource is payable or provided:\n (a) to or in relation to:\n (i) a member of parliament; or\n (ii) a former member of parliament; or\n (iii) without limiting subparagraph (ii), a former Prime Minister; or\n (iv) the estate of a person who dies while a member; or\n (b) in any other circumstance.\n Appointing persons to request and be given personal advice on behalf of members or former members of parliament\n (1C) A member or former member of parliament (the appointer) may, by written notice given to the Authority in accordance with subsection (1F), appoint a person covered by subsection (1D) (the appointee) to request and be given personal advice under subparagraph (1)(a)(i) on behalf of the appointer.\n\n> Note: For variation and revocation of an appointment, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n (1D) This subsection covers:\n (a) for a member of parliament—a MOPS staff member employed by the member, or a person in a class prescribed by the legislative rules for the purposes of this paragraph; and\n (b) for a former member of parliament—any person, other than a person in a class prescribed by the legislative rules for the purposes of this paragraph.\n (1E) The following paragraphs have effect:\n (a) if, while the appointment is in force, the appointee requests the Authority to give the appointee personal advice about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the request is taken for all purposes to have been made by the appointer under that subparagraph to the Authority;\n (b) if, while the appointment is in force, the Authority gives the appointee personal advice in response to such a request about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the personal advice is taken for all purposes to have been given by the Authority under that subparagraph to the appointer.\n (1F) If the Authority has approved, in writing, the form in which a notice of an appointment under subsection (1C) must be given, the notice must be:\n (a) in the approved form; and\n (b) given in the manner (if any) specified in the form; and\n (c) accompanied by the information or documents (if any) required by the form.\n (1G) The Authority must publish on its website a form approved for the purposes of subsection (1F).\n Reports may include personal information\n (2) A report under any of paragraphs (1)(e) to (h) may include personal information (within the meaning of the Privacy Act 1988).\n\n> Note 1: Each of those paragraphs constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n> Note 2: If the report is to be published on the Authority’s website, see also section 60 (sensitive information not to be included in public reports).\n\n Certain agency functions are not exclusive\n (3) Paragraphs (1)(k) and (l) do not, by implication, prevent an agent of the Commonwealth (other than the Authority) from having the authority to incur an expense of the kind referred to in those paragraphs on behalf of the Commonwealth.\n Functions cover claims\n (4) To avoid doubt, a reference to MP travel resources, MP work resources or MOPS travel resources includes a reference to a claim for such resources.\n\n#### 13 Powers of the Authority\n\n The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 14 Authority has privileges and immunities of the Crown\n\n The Authority has the privileges and immunities of the Crown in right of the Commonwealth.\n\n### Division 3—Membership of the Authority\n\n#### 15 Membership of the Authority\n\n The Authority consists of the following members:\n (a) a Chair;\n (b) the President of the Remuneration Tribunal;\n (c) at least 2, and not more than 3, other members.\n\n#### 16 Appointment of members of the Authority\n\n (1) Each member of the Authority (other than a member who is the President of the Remuneration Tribunal) is to be appointed by the Governor‑General by written instrument.\n\n> Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) One appointed member of the Authority must be:\n (a) a former Commonwealth judicial officer; or\n (b) a former judge of the Supreme Court of a State or Territory.\n (3) One appointed member of the Authority must be a former member of parliament.\n (4) One appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in the field of auditing.\n (5) If the Authority consists of 5 members, one appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in at least one of the following fields:\n (c) public administration;\n (d) corporate governance.\n (6) A member of the Authority holds office on a part‑time basis.\n (7) The performance of the functions, or the exercise of the powers, of the Authority is not affected merely because its membership is not as required by subsection (2), (3) or (4) unless a continuous period of 3 months has elapsed since its membership ceased to be as so required.\n (8) An office of member of the Authority that is held by the President of the Remuneration Tribunal is taken not to be a public office for the purposes of paragraph 4(4)(c) of the Remuneration Tribunal Act 1973.\n\n#### 17 Period of appointment for members of the Authority\n\n An appointed member of the Authority holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 18 Acting members of the Authority\n\n Acting Chair of the Authority\n (1) The Minister may, by written instrument, appoint a person to act as the Chair of the Authority:\n (a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair of the Authority:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n Acting member of the Authority (other than the Chair of the Authority)\n (2) The Minister may, by written instrument, appoint a person to act as a member of the Authority (other than the Chair of the Authority):\n (a) during a vacancy in the office of a member of the Authority (other than the Chair of the Authority), whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a member of the Authority (other than the Chair of the Authority):\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n### Division 4—Terms and conditions for members of the Authority\n\n#### 19 Remuneration\n\n (1) An appointed member of the Authority is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an appointed member of the Authority is to be paid the remuneration that is prescribed by the legislative rules.\n (2) An appointed member of the Authority is to be paid the allowances that are prescribed by the legislative rules.\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n (4) A member of the Authority who is the President of the Remuneration Tribunal is to be paid the fees and allowances that are prescribed by the legislative rules.\n\n#### 20 Disclosure of interests\n\n (1) A disclosure by a member of the Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n (2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a member of the Authority is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n\n#### 21 Paid work\n\n A member of the Authority must not engage in any paid work that conflicts or may conflict with the proper performance of his or her duties.\n\n#### 22 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair of the Authority on the terms and conditions as to remuneration or otherwise that the Minister determines.\n (2) The Chair of the Authority may grant leave of absence to a member of the Authority on the terms and conditions that the Chair determines.\n\n#### 23 Resignation\n\n (1) A member of the Authority may resign his or her appointment by giving the Governor‑General a written resignation.\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Governor‑General may terminate the appointment of an appointed member of the Authority:\n (a) for misbehaviour; or\n (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.\n (2) The Governor‑General may terminate the appointment of an appointed member of the Authority if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the member engages in paid work that conflicts or may conflict with the proper performance of his or her duties (see section 21); or\n (c) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority.\n\n#### 25 Other terms and conditions\n\n A member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n### Division 5—Decision‑making by the Authority\n\n#### 26 Holding of meetings\n\n (1) The Authority is to hold such meetings as are necessary for the efficient performance of its functions.\n (2) The Chair of the Authority may convene a meeting at any time.\n\n#### 27 Presiding at meetings\n\n (1) The Chair of the Authority presides at all meetings at which he or she is present.\n (2) If the Chair of the Authority is not present at a meeting, the members of the Authority present must appoint one of themselves to preside.\n\n#### 28 Quorum\n\n At a meeting of the Authority, 2 members of the Authority constitute a quorum.\n\n#### 29 Voting at meetings etc.\n\n (1) A question arising at a meeting of the Authority is to be determined by a majority of the votes of the members of the Authority present and voting.\n (2) The person presiding at a meeting of the Authority has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 30 Conduct of meetings\n\n The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n#### 31 Minutes\n\n The Authority must keep minutes of its meetings.\n\n### Division 6—Delegation\n\n#### 32 Delegation by the Authority\n\n (1) The Authority may, in writing, delegate any or all of its functions and powers to:\n (a) a member of the Authority; or\n (b) the CEO; or\n (c) a member of the staff of the Authority; or\n (d) a person assisting the Authority under section 50.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Authority.\n (3) The delegation continues in force despite a change in the membership of the Authority.\n (4) The delegation may be varied or revoked by the Authority (whether or not there has been a change in the membership of the Authority).\n\n### Division 7—Other matters\n\n#### 33 Authority must give information to the Secretary\n\n (1) The Authority must give the Secretary such information or documents in relation to the Authority’s functions as the Secretary reasonably requires for the performance of the Secretary’s functions in relation to:\n (a) matters relating to MP work resources; or\n (b) matters relating to MOPS travel resources.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Secretary must give information to the Authority\n\n (1) The Secretary must give the Authority such information and documents as the Authority reasonably requires for the performance of the Authority’s functions.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n## Part 3—CEO of the Authority\n\n### Division 1—Introduction\n\n#### 35 Simplified outline of this Part\n\n• There is to be a Chief Executive Officer of the Authority.\n\n• The CEO’s functions are to manage the Authority’s administration and assist it in the performance of its functions.\n\n• The CEO must comply with certain directions given by the Authority.\n\n• The CEO is to be appointed by the Minister.\n\n#### 36 CEO\n\n There is to be a Chief Executive Officer of the Independent Parliamentary Expenses Authority.\n\n> Note: In this Act, CEO means the Chief Executive Officer of the Authority—see section 4.\n\n#### 37 Functions of the CEO\n\n The CEO’s functions are:\n (a) to manage the administration of the Authority; and\n (b) to assist the Authority in the performance of its functions.\n\n#### 38 Powers of the CEO\n\n The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 39 Directions by the Authority\n\n (1) The Authority may give written directions to the CEO about the performance of the CEO’s function under paragraph 37(b) (assisting the Authority).\n Compliance with a direction\n (2) The CEO must comply with a direction under subsection (1).\n When the CEO is not required to comply with a direction\n (3) Subsection (2) does not apply to the extent that:\n (a) the direction deals with the allocation of resources for the performance of the Authority’s functions; or\n (b) compliance with the direction would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Authority; or\n (c) the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Authority.\n Direction is not a legislative instrument\n (4) A direction under subsection (1) is not a legislative instrument.\n\n### Division 2—Appointments\n\n#### 40 Appointment of CEO\n\n (1) The CEO is to be appointed by the Minister by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n (3) The CEO holds office on a full‑time basis.\n (4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 41 Appointment of acting CEO\n\n (1) The Minister may, by written instrument, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed to act as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 42 Remuneration of the CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the legislative rules.\n (2) The CEO is to be paid the allowances that are prescribed by the legislative rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 43 Leave of absence of the CEO\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 44 Other employment of the CEO\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 45 Resignation of the CEO\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 46 Termination of appointment of the CEO\n\n Misbehaviour or incapacity\n (1) The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.\n Bankruptcy etc.\n (2) The Minister may terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 44); or\n (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 47 Other terms and conditions of the CEO\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n## Part 4—Staff of the Authority etc.\n\n#### 48 Simplified outline of this Part\n\n• The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n\n• The Authority may also be assisted by certain officers and employees.\n\n• The CEO may engage consultants.\n\n#### 49 Staff\n\n (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the CEO and the staff of the Authority together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 50 Persons assisting the Authority\n\n The Authority may also be assisted:\n (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers and employees of authorities of the Commonwealth; or\n (c) by officers and employees of a State or Territory; or\n (d) by officers and employees of authorities of a State or Territory;\n whose services are made available to the Authority in connection with the performance of any of its functions.\n\n#### 51 Consultants\n\n The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Authority’s functions.\n\n## Part 5—Information‑gathering powers\n\n#### 52 Simplified outline of this Part\n\n• The Authority may require a person to give the Authority information, or produce to the Authority a document, that is relevant to the performance of the Authority’s reporting or auditing functions.\n\n#### 53 Authority may obtain information and documents\n\n Scope\n (1) This section applies to a person if the Authority has reason to believe that the person has information or a document that is relevant to the performance of a function conferred on the Authority by any of paragraphs 12(1)(e) to (i).\n Requirement\n (2) The Authority may, by written notice given to the person, require the person:\n (a) to give to the Authority, within the period and in the manner and form specified in the notice, any such information; or\n (b) to produce to the Authority, within the period and in the manner specified in the notice, any such documents; or\n (c) to make copies of any such documents and to produce to the Authority, within the period and in the manner specified in the notice, those copies.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A person commits an offence if:\n (a) the Authority has given a notice to the person under subsection (2); and\n (b) the person engages in conduct; and\n (c) the person’s conduct contravenes a requirement in the notice.\n\nPenalty: 30 penalty units.\n\n (5) A notice under subsection (2) must set out the effect of:\n (a) subsection (4); and\n (b) sections 137.1 and 137.2 of the Criminal Code.\n\n#### 54 Copying documents—reasonable compensation\n\n A person is entitled to be paid by the Authority, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 53(2)(c).\n\n#### 55 Self‑incrimination\n\n A person is excused from giving information or producing a document or a copy of a document under this Part if the information or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.\n\n#### 56 Copies of documents\n\n (1) The Authority may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.\n (2) The Authority may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 53(2)(c).\n\n#### 57 Authority may retain documents\n\n (1) The Authority may take, and retain for as long as is necessary, possession of a document produced under this Part.\n (2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Authority to be a true copy.\n (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n (4) Until a certified copy is supplied, the Authority must, at such times and places as the Authority thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.\n\n#### 58 Relationship of information‑gathering powers to other laws\n\n (1) The operation of this Part is limited by laws of the Commonwealth relating to the powers, privileges and immunities of:\n (a) each House of the Parliament; and\n (b) the members of each House of the Parliament; and\n (c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.\n (2) This Part does not affect the law relating to legal professional privilege.\n\n## Part 6—Miscellaneous\n\n#### 59 Simplified outline of this Part\n\n• This Part deals with miscellaneous matters, such as the making of legislative rules.\n\n#### 60 Sensitive information not to be included in public reports\n\n (1) The Authority must not include particular information in a public report if:\n (a) the Authority is of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (b) the Attorney‑General has issued a certificate to the Authority stating that, in the opinion of the Attorney‑General, disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (c) the Authority is of the opinion that disclosure of the information would be likely to result in serious harm to, or would be likely to put at risk the safety of, the individual, or any of the individuals, to whom the information relates.\n (2) The Authority cannot be required, and is not permitted, to disclose to:\n (a) a House of the Parliament; or\n (b) a member of a House of the Parliament; or\n (c) a committee of a House of the Parliament or a joint committee of both Houses of the Parliament;\n information that subsection (1) prohibits being included in a public report.\n (3) If the Authority omits particular information from a public report because the Attorney‑General has issued a certificate under paragraph (1)(b) in relation to the information, the Authority must state in the report:\n (a) that information (which does not have to be identified) has been omitted from the report; and\n (b) that the Attorney‑General issued the certificate because the Attorney‑General was of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth.\n (4) If, because of subsection (1), the Authority:\n (a) decides not to prepare a public report; or\n (b) omits particular information from a public report;\n the Authority may prepare a report under this subsection that includes the information concerned. The Authority must give a copy of each report under this subsection to:\n (c) the Prime Minister; and\n (d) the Minister.\n (5) For the purposes of this section, public report means a report that is to be published on the Authority’s website.\n\n#### 61 Proceedings in the name of the Authority\n\n (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.\n (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.\n\n#### 62 Independent review\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the legislative rules.\n (2) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (3) The persons who conduct the review must give the Minister a written report of the review.\n (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 63 Transitional legislative rules\n\n The legislative rules may prescribe matters of a transitional nature relating to the abolition of the body known as the Independent Parliamentary Expenses Authority that was established as an Executive Agency under section 65 of the Public Service Act 1999.\n\n#### 64 Legislative rules\n\n (1) The Minister may, by legislative instrument, make rules (legislative rules) prescribing matters:\n (a) required or permitted by this Act to be prescribed by the legislative rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the legislative rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Holding of meetings","content":"#### 26 Holding of meetings\n\n (1) The Authority is to hold such meetings as are necessary for the efficient performance of its functions.\n (2) The Chair of the Authority may convene a meeting at any time.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Presiding at meetings","content":"#### 27 Presiding at meetings\n\n (1) The Chair of the Authority presides at all meetings at which he or she is present.\n (2) If the Chair of the Authority is not present at a meeting, the members of the Authority present must appoint one of themselves to preside.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Quorum","content":"#### 28 Quorum\n\n At a meeting of the Authority, 2 members of the Authority constitute a quorum.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Voting at meetings etc.","content":"#### 29 Voting at meetings etc.\n\n (1) A question arising at a meeting of the Authority is to be determined by a majority of the votes of the members of the Authority present and voting.\n (2) The person presiding at a meeting of the Authority has a deliberative vote and, if the votes are equal, a casting vote.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Conduct of meetings","content":"#### 30 Conduct of meetings\n\n The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Minutes","content":"#### 31 Minutes\n\n The Authority must keep minutes of its meetings.","sortOrder":37},{"sectionNumber":"Division 6","sectionType":"division","heading":"Delegation","content":"An Act to establish the Independent Parliamentary Expenses Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Independent Parliamentary Expenses Authority Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 February 2017

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2017

(F2017N00036)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\n• This Act establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority has a CEO who is responsible for its administration and for assisting it to perform its functions.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> appointed member of the Authority means a member of the Authority who is not the President of the Remuneration Tribunal.\n\n> Authority means the Independent Parliamentary Expenses Authority.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> claim includes request.\n\n> Commonwealth judicial officer means:\n\n (a) a Justice of the High Court; or\n (b) a judge or justice of a court created by the Parliament.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> harm has the same meaning as in the Dictionary to the Criminal Code.\n\n> incidentals includes the cost of transport.\n\n> legislative rules means rules made under section 64.\n\n> member of parliament means:\n\n (a) a senator; or\n (b) a member of the House of Representatives; or\n (c) a Minister of State who is not a senator or member of the House of Representatives; or\n (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or\n (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives.\n\n> member of the Authority includes the Chair of the Authority.\n\n> MOPS staff member means a person employed under the Members of Parliament (Staff) Act 1984.\n\n> MOPS travel resource means:\n\n (a) an expense that is:\n (i) incurred in connection with travel by a MOPS staff member at the expense of the Commonwealth; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act); or\n (b) an allowance that is:\n (i) payable to a MOPS staff member in connection with travel by the MOPS staff member; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act).\n\n> MP travel resource means:\n\n (a) a travel expense payable under section 30 of the Parliamentary Business Resources Act 2017; or\n (b) a travel allowance payable under section 31 of that Act; or\n (c) an allowance or expense in connection with the travel of a former member of parliament that is payable under section 15 of that Act; or\n (d) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.\n\n> MP work resource means:\n\n (a) MP travel resource; or\n (b) a private plated vehicle provided to a member of parliament under paragraph 14(4)(a) of the Parliamentary Business Resources Act 2017 (which includes any expenses or services associated with operating or maintaining the vehicle); or\n (ba) an allowance or expense paid under paragraph 14(4)(c) of that Act in relation to internet or telephone services provided to a private residence of a member of parliament; or\n (bb) an allowance or expense that is payable under section 15 of that Act; or\n (c) goods, services, premises, equipment or any other facility that is provided under section 16 of that Act; or\n (d) a public resource that is provided by the Commonwealth under Part 3 of that Act.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> Secretary means the Secretary of the Department.\n\n> staff of the Authority means the staff described in section 49.\n\n> vacancy, in relation to the office of a member of the Authority, has a meaning affected by section 6.\n\n (2) To avoid doubt, a reference in this Act to an amount or resource (however described) that is payable or provided under this or any other Act includes an amount or resource that is purportedly payable or provided under that Act.\n\n#### 5 Expenses or allowances in connection with travel\n\n (1) For the purposes of this Act, expenses or allowances in connection with travel include expenses or allowances that relate to the following costs:\n (a) the cost of fares;\n (aa) the cost of taxis or other local transport in connection with travel;\n (b) the cost of the provision of charter services;\n (c) the cost of accommodation;\n (d) the cost of meals;\n (e) the cost of incidentals.\n (2) Expenses or allowances in connection with travel overseas include expenses or allowances that relate to the following costs:\n (a) the cost of vaccinations and medical supplies essential for travel overseas;\n (b) the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.\n\n#### 6 Vacancy in the office of a member of the Authority\n\n For the purposes of a reference in:\n (a) this Act to a vacancy in the office of a member of the Authority; or\n (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;\n there are taken to be 4 offices of members of the Authority in addition to the Chair of the Authority.\n\n#### 7 Crown to be bound\n\n This Act binds the Crown in right of the Commonwealth.\n\n#### 8 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 9 Extra‑territorial operation\n\n This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Independent Parliamentary Expenses Authority\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\n• This Part establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority consists of the following members:\n\n(a) a Chair;\n\n(b) the President of the Remuneration Tribunal;\n\n(c) at least 2, and not more than 3, other members.\n\n• The members of the Authority (other than the President of the Remuneration Tribunal) are to be appointed by the Governor‑General.\n\n• The Authority is to hold meetings.\n\n• The Authority may delegate its functions and powers.\n\n• The Authority and the Secretary must share relevant information.\n\n### Division 2—Authority’s establishment, functions, powers and liabilities\n\n#### 11 Independent Parliamentary Expenses Authority\n\n (1) The Independent Parliamentary Expenses Authority is established by this section.\n\n> Note 1: The Authority does not have a legal identity separate from the Commonwealth.\n\n> Note 2: In this Act, Authority means the Independent Parliamentary Expenses Authority—see section 4.\n\n (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the Authority is a listed entity; and\n (b) the CEO is the accountable authority of the Authority; and\n (c) the following persons are officials of the Authority:\n (i) the Chair of the Authority;\n (ii) the other members of the Authority;\n (iii) the CEO;\n (iv) the staff of the Authority referred to in section 49;\n (v) persons whose services are made available to the Authority under section 50;\n (vi) consultants engaged under section 51; and\n (d) the purposes of the Authority include:\n (i) the functions of the Authority referred to in section 12; and\n (ii) the functions of the CEO referred to in section 37.\n\n#### 12 Functions of the Authority\n\n (1) The Authority has the following functions:\n (a) to give personal advice:\n (i) to members and former members of parliament about matters relating to MP travel resources and MOPS travel resources; and\n (ii) to MOPS staff members about matters relating to MOPS travel resources;\n (b) to issue general advisory documents about matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (c) if the Authority considers that a particular general advisory document should be published—publish that general advisory document on the Authority’s website;\n (d) to monitor matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (e) to prepare regular reports about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (f) to publish reports prepared under paragraph (e) on the Authority’s website;\n (g) to prepare other such reports as the Authority considers appropriate about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (h) if the Authority considers that a particular report prepared under paragraph (g) should be published—publish that report on the Authority’s website;\n (i) to conduct, or arrange for the conduct of, such audits as the Authority considers appropriate of matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (j) to process claims, on behalf of the Commonwealth, for:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (k) on behalf of the Commonwealth, to incur expenses relating to, to pay or to provide MP travel resources;\n (l) on behalf of the Commonwealth, to incur expenses relating to MOPS travel resources;\n (m) to give rulings under section 37 of the Parliamentary Business Resources Act 2017 relating to certain MP travel resources;\n (n) if a law of the Commonwealth authorises the Authority to give rulings relating to MOPS travel resources—to give those rulings;\n (o) on behalf of the Commonwealth, to recover (whether by way of set‑off or otherwise) overpayments, repayments and cost recovery payments relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (p) such functions (if any) as are conferred on the Authority by any other law of the Commonwealth;\n (q) such other functions (if any) as are prescribed by the legislative rules;\n (r) to do anything incidental to or conducive to the performance of any of the above functions.\n Legislative rules may limit functions in relation to particular resources\n (1A) The legislative rules may provide that the functions of the Authority do not include doing a specified thing in relation to specified MP travel resources, MP work resources or MOPS travel resources. Any legislative rules made for the purposes of this subsection have effect despite subsection (1).\n (1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, legislative rules made for the purposes of subsection (1A) of this section may make different provision in relation to particular resources depending on whether a resource is payable or provided:\n (a) to or in relation to:\n (i) a member of parliament; or\n (ii) a former member of parliament; or\n (iii) without limiting subparagraph (ii), a former Prime Minister; or\n (iv) the estate of a person who dies while a member; or\n (b) in any other circumstance.\n Appointing persons to request and be given personal advice on behalf of members or former members of parliament\n (1C) A member or former member of parliament (the appointer) may, by written notice given to the Authority in accordance with subsection (1F), appoint a person covered by subsection (1D) (the appointee) to request and be given personal advice under subparagraph (1)(a)(i) on behalf of the appointer.\n\n> Note: For variation and revocation of an appointment, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n (1D) This subsection covers:\n (a) for a member of parliament—a MOPS staff member employed by the member, or a person in a class prescribed by the legislative rules for the purposes of this paragraph; and\n (b) for a former member of parliament—any person, other than a person in a class prescribed by the legislative rules for the purposes of this paragraph.\n (1E) The following paragraphs have effect:\n (a) if, while the appointment is in force, the appointee requests the Authority to give the appointee personal advice about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the request is taken for all purposes to have been made by the appointer under that subparagraph to the Authority;\n (b) if, while the appointment is in force, the Authority gives the appointee personal advice in response to such a request about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the personal advice is taken for all purposes to have been given by the Authority under that subparagraph to the appointer.\n (1F) If the Authority has approved, in writing, the form in which a notice of an appointment under subsection (1C) must be given, the notice must be:\n (a) in the approved form; and\n (b) given in the manner (if any) specified in the form; and\n (c) accompanied by the information or documents (if any) required by the form.\n (1G) The Authority must publish on its website a form approved for the purposes of subsection (1F).\n Reports may include personal information\n (2) A report under any of paragraphs (1)(e) to (h) may include personal information (within the meaning of the Privacy Act 1988).\n\n> Note 1: Each of those paragraphs constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n> Note 2: If the report is to be published on the Authority’s website, see also section 60 (sensitive information not to be included in public reports).\n\n Certain agency functions are not exclusive\n (3) Paragraphs (1)(k) and (l) do not, by implication, prevent an agent of the Commonwealth (other than the Authority) from having the authority to incur an expense of the kind referred to in those paragraphs on behalf of the Commonwealth.\n Functions cover claims\n (4) To avoid doubt, a reference to MP travel resources, MP work resources or MOPS travel resources includes a reference to a claim for such resources.\n\n#### 13 Powers of the Authority\n\n The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 14 Authority has privileges and immunities of the Crown\n\n The Authority has the privileges and immunities of the Crown in right of the Commonwealth.\n\n### Division 3—Membership of the Authority\n\n#### 15 Membership of the Authority\n\n The Authority consists of the following members:\n (a) a Chair;\n (b) the President of the Remuneration Tribunal;\n (c) at least 2, and not more than 3, other members.\n\n#### 16 Appointment of members of the Authority\n\n (1) Each member of the Authority (other than a member who is the President of the Remuneration Tribunal) is to be appointed by the Governor‑General by written instrument.\n\n> Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) One appointed member of the Authority must be:\n (a) a former Commonwealth judicial officer; or\n (b) a former judge of the Supreme Court of a State or Territory.\n (3) One appointed member of the Authority must be a former member of parliament.\n (4) One appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in the field of auditing.\n (5) If the Authority consists of 5 members, one appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in at least one of the following fields:\n (c) public administration;\n (d) corporate governance.\n (6) A member of the Authority holds office on a part‑time basis.\n (7) The performance of the functions, or the exercise of the powers, of the Authority is not affected merely because its membership is not as required by subsection (2), (3) or (4) unless a continuous period of 3 months has elapsed since its membership ceased to be as so required.\n (8) An office of member of the Authority that is held by the President of the Remuneration Tribunal is taken not to be a public office for the purposes of paragraph 4(4)(c) of the Remuneration Tribunal Act 1973.\n\n#### 17 Period of appointment for members of the Authority\n\n An appointed member of the Authority holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 18 Acting members of the Authority\n\n Acting Chair of the Authority\n (1) The Minister may, by written instrument, appoint a person to act as the Chair of the Authority:\n (a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair of the Authority:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n Acting member of the Authority (other than the Chair of the Authority)\n (2) The Minister may, by written instrument, appoint a person to act as a member of the Authority (other than the Chair of the Authority):\n (a) during a vacancy in the office of a member of the Authority (other than the Chair of the Authority), whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a member of the Authority (other than the Chair of the Authority):\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n### Division 4—Terms and conditions for members of the Authority\n\n#### 19 Remuneration\n\n (1) An appointed member of the Authority is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an appointed member of the Authority is to be paid the remuneration that is prescribed by the legislative rules.\n (2) An appointed member of the Authority is to be paid the allowances that are prescribed by the legislative rules.\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n (4) A member of the Authority who is the President of the Remuneration Tribunal is to be paid the fees and allowances that are prescribed by the legislative rules.\n\n#### 20 Disclosure of interests\n\n (1) A disclosure by a member of the Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n (2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a member of the Authority is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n\n#### 21 Paid work\n\n A member of the Authority must not engage in any paid work that conflicts or may conflict with the proper performance of his or her duties.\n\n#### 22 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair of the Authority on the terms and conditions as to remuneration or otherwise that the Minister determines.\n (2) The Chair of the Authority may grant leave of absence to a member of the Authority on the terms and conditions that the Chair determines.\n\n#### 23 Resignation\n\n (1) A member of the Authority may resign his or her appointment by giving the Governor‑General a written resignation.\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Governor‑General may terminate the appointment of an appointed member of the Authority:\n (a) for misbehaviour; or\n (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.\n (2) The Governor‑General may terminate the appointment of an appointed member of the Authority if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the member engages in paid work that conflicts or may conflict with the proper performance of his or her duties (see section 21); or\n (c) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority.\n\n#### 25 Other terms and conditions\n\n A member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n### Division 5—Decision‑making by the Authority\n\n#### 26 Holding of meetings\n\n (1) The Authority is to hold such meetings as are necessary for the efficient performance of its functions.\n (2) The Chair of the Authority may convene a meeting at any time.\n\n#### 27 Presiding at meetings\n\n (1) The Chair of the Authority presides at all meetings at which he or she is present.\n (2) If the Chair of the Authority is not present at a meeting, the members of the Authority present must appoint one of themselves to preside.\n\n#### 28 Quorum\n\n At a meeting of the Authority, 2 members of the Authority constitute a quorum.\n\n#### 29 Voting at meetings etc.\n\n (1) A question arising at a meeting of the Authority is to be determined by a majority of the votes of the members of the Authority present and voting.\n (2) The person presiding at a meeting of the Authority has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 30 Conduct of meetings\n\n The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n#### 31 Minutes\n\n The Authority must keep minutes of its meetings.\n\n### Division 6—Delegation\n\n#### 32 Delegation by the Authority\n\n (1) The Authority may, in writing, delegate any or all of its functions and powers to:\n (a) a member of the Authority; or\n (b) the CEO; or\n (c) a member of the staff of the Authority; or\n (d) a person assisting the Authority under section 50.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Authority.\n (3) The delegation continues in force despite a change in the membership of the Authority.\n (4) The delegation may be varied or revoked by the Authority (whether or not there has been a change in the membership of the Authority).\n\n### Division 7—Other matters\n\n#### 33 Authority must give information to the Secretary\n\n (1) The Authority must give the Secretary such information or documents in relation to the Authority’s functions as the Secretary reasonably requires for the performance of the Secretary’s functions in relation to:\n (a) matters relating to MP work resources; or\n (b) matters relating to MOPS travel resources.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Secretary must give information to the Authority\n\n (1) The Secretary must give the Authority such information and documents as the Authority reasonably requires for the performance of the Authority’s functions.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n## Part 3—CEO of the Authority\n\n### Division 1—Introduction\n\n#### 35 Simplified outline of this Part\n\n• There is to be a Chief Executive Officer of the Authority.\n\n• The CEO’s functions are to manage the Authority’s administration and assist it in the performance of its functions.\n\n• The CEO must comply with certain directions given by the Authority.\n\n• The CEO is to be appointed by the Minister.\n\n#### 36 CEO\n\n There is to be a Chief Executive Officer of the Independent Parliamentary Expenses Authority.\n\n> Note: In this Act, CEO means the Chief Executive Officer of the Authority—see section 4.\n\n#### 37 Functions of the CEO\n\n The CEO’s functions are:\n (a) to manage the administration of the Authority; and\n (b) to assist the Authority in the performance of its functions.\n\n#### 38 Powers of the CEO\n\n The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 39 Directions by the Authority\n\n (1) The Authority may give written directions to the CEO about the performance of the CEO’s function under paragraph 37(b) (assisting the Authority).\n Compliance with a direction\n (2) The CEO must comply with a direction under subsection (1).\n When the CEO is not required to comply with a direction\n (3) Subsection (2) does not apply to the extent that:\n (a) the direction deals with the allocation of resources for the performance of the Authority’s functions; or\n (b) compliance with the direction would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Authority; or\n (c) the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Authority.\n Direction is not a legislative instrument\n (4) A direction under subsection (1) is not a legislative instrument.\n\n### Division 2—Appointments\n\n#### 40 Appointment of CEO\n\n (1) The CEO is to be appointed by the Minister by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n (3) The CEO holds office on a full‑time basis.\n (4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 41 Appointment of acting CEO\n\n (1) The Minister may, by written instrument, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed to act as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 42 Remuneration of the CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the legislative rules.\n (2) The CEO is to be paid the allowances that are prescribed by the legislative rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 43 Leave of absence of the CEO\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 44 Other employment of the CEO\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 45 Resignation of the CEO\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 46 Termination of appointment of the CEO\n\n Misbehaviour or incapacity\n (1) The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.\n Bankruptcy etc.\n (2) The Minister may terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 44); or\n (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 47 Other terms and conditions of the CEO\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n## Part 4—Staff of the Authority etc.\n\n#### 48 Simplified outline of this Part\n\n• The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n\n• The Authority may also be assisted by certain officers and employees.\n\n• The CEO may engage consultants.\n\n#### 49 Staff\n\n (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the CEO and the staff of the Authority together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 50 Persons assisting the Authority\n\n The Authority may also be assisted:\n (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers and employees of authorities of the Commonwealth; or\n (c) by officers and employees of a State or Territory; or\n (d) by officers and employees of authorities of a State or Territory;\n whose services are made available to the Authority in connection with the performance of any of its functions.\n\n#### 51 Consultants\n\n The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Authority’s functions.\n\n## Part 5—Information‑gathering powers\n\n#### 52 Simplified outline of this Part\n\n• The Authority may require a person to give the Authority information, or produce to the Authority a document, that is relevant to the performance of the Authority’s reporting or auditing functions.\n\n#### 53 Authority may obtain information and documents\n\n Scope\n (1) This section applies to a person if the Authority has reason to believe that the person has information or a document that is relevant to the performance of a function conferred on the Authority by any of paragraphs 12(1)(e) to (i).\n Requirement\n (2) The Authority may, by written notice given to the person, require the person:\n (a) to give to the Authority, within the period and in the manner and form specified in the notice, any such information; or\n (b) to produce to the Authority, within the period and in the manner specified in the notice, any such documents; or\n (c) to make copies of any such documents and to produce to the Authority, within the period and in the manner specified in the notice, those copies.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A person commits an offence if:\n (a) the Authority has given a notice to the person under subsection (2); and\n (b) the person engages in conduct; and\n (c) the person’s conduct contravenes a requirement in the notice.\n\nPenalty: 30 penalty units.\n\n (5) A notice under subsection (2) must set out the effect of:\n (a) subsection (4); and\n (b) sections 137.1 and 137.2 of the Criminal Code.\n\n#### 54 Copying documents—reasonable compensation\n\n A person is entitled to be paid by the Authority, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 53(2)(c).\n\n#### 55 Self‑incrimination\n\n A person is excused from giving information or producing a document or a copy of a document under this Part if the information or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.\n\n#### 56 Copies of documents\n\n (1) The Authority may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.\n (2) The Authority may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 53(2)(c).\n\n#### 57 Authority may retain documents\n\n (1) The Authority may take, and retain for as long as is necessary, possession of a document produced under this Part.\n (2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Authority to be a true copy.\n (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n (4) Until a certified copy is supplied, the Authority must, at such times and places as the Authority thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.\n\n#### 58 Relationship of information‑gathering powers to other laws\n\n (1) The operation of this Part is limited by laws of the Commonwealth relating to the powers, privileges and immunities of:\n (a) each House of the Parliament; and\n (b) the members of each House of the Parliament; and\n (c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.\n (2) This Part does not affect the law relating to legal professional privilege.\n\n## Part 6—Miscellaneous\n\n#### 59 Simplified outline of this Part\n\n• This Part deals with miscellaneous matters, such as the making of legislative rules.\n\n#### 60 Sensitive information not to be included in public reports\n\n (1) The Authority must not include particular information in a public report if:\n (a) the Authority is of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (b) the Attorney‑General has issued a certificate to the Authority stating that, in the opinion of the Attorney‑General, disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (c) the Authority is of the opinion that disclosure of the information would be likely to result in serious harm to, or would be likely to put at risk the safety of, the individual, or any of the individuals, to whom the information relates.\n (2) The Authority cannot be required, and is not permitted, to disclose to:\n (a) a House of the Parliament; or\n (b) a member of a House of the Parliament; or\n (c) a committee of a House of the Parliament or a joint committee of both Houses of the Parliament;\n information that subsection (1) prohibits being included in a public report.\n (3) If the Authority omits particular information from a public report because the Attorney‑General has issued a certificate under paragraph (1)(b) in relation to the information, the Authority must state in the report:\n (a) that information (which does not have to be identified) has been omitted from the report; and\n (b) that the Attorney‑General issued the certificate because the Attorney‑General was of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth.\n (4) If, because of subsection (1), the Authority:\n (a) decides not to prepare a public report; or\n (b) omits particular information from a public report;\n the Authority may prepare a report under this subsection that includes the information concerned. The Authority must give a copy of each report under this subsection to:\n (c) the Prime Minister; and\n (d) the Minister.\n (5) For the purposes of this section, public report means a report that is to be published on the Authority’s website.\n\n#### 61 Proceedings in the name of the Authority\n\n (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.\n (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.\n\n#### 62 Independent review\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the legislative rules.\n (2) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (3) The persons who conduct the review must give the Minister a written report of the review.\n (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 63 Transitional legislative rules\n\n The legislative rules may prescribe matters of a transitional nature relating to the abolition of the body known as the Independent Parliamentary Expenses Authority that was established as an Executive Agency under section 65 of the Public Service Act 1999.\n\n#### 64 Legislative rules\n\n (1) The Minister may, by legislative instrument, make rules (legislative rules) prescribing matters:\n (a) required or permitted by this Act to be prescribed by the legislative rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the legislative rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"Delegation by the Authority","content":"#### 32 Delegation by the Authority\n\n (1) The Authority may, in writing, delegate any or all of its functions and powers to:\n (a) a member of the Authority; or\n (b) the CEO; or\n (c) a member of the staff of the Authority; or\n (d) a person assisting the Authority under section 50.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Authority.\n (3) The delegation continues in force despite a change in the membership of the Authority.\n (4) The delegation may be varied or revoked by the Authority (whether or not there has been a change in the membership of the Authority).","sortOrder":39},{"sectionNumber":"Division 7","sectionType":"division","heading":"Other matters","content":"An Act to establish the Independent Parliamentary Expenses Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Independent Parliamentary Expenses Authority Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 February 2017

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2017

(F2017N00036)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\n• This Act establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority has a CEO who is responsible for its administration and for assisting it to perform its functions.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> appointed member of the Authority means a member of the Authority who is not the President of the Remuneration Tribunal.\n\n> Authority means the Independent Parliamentary Expenses Authority.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> claim includes request.\n\n> Commonwealth judicial officer means:\n\n (a) a Justice of the High Court; or\n (b) a judge or justice of a court created by the Parliament.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> harm has the same meaning as in the Dictionary to the Criminal Code.\n\n> incidentals includes the cost of transport.\n\n> legislative rules means rules made under section 64.\n\n> member of parliament means:\n\n (a) a senator; or\n (b) a member of the House of Representatives; or\n (c) a Minister of State who is not a senator or member of the House of Representatives; or\n (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or\n (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives.\n\n> member of the Authority includes the Chair of the Authority.\n\n> MOPS staff member means a person employed under the Members of Parliament (Staff) Act 1984.\n\n> MOPS travel resource means:\n\n (a) an expense that is:\n (i) incurred in connection with travel by a MOPS staff member at the expense of the Commonwealth; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act); or\n (b) an allowance that is:\n (i) payable to a MOPS staff member in connection with travel by the MOPS staff member; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act).\n\n> MP travel resource means:\n\n (a) a travel expense payable under section 30 of the Parliamentary Business Resources Act 2017; or\n (b) a travel allowance payable under section 31 of that Act; or\n (c) an allowance or expense in connection with the travel of a former member of parliament that is payable under section 15 of that Act; or\n (d) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.\n\n> MP work resource means:\n\n (a) MP travel resource; or\n (b) a private plated vehicle provided to a member of parliament under paragraph 14(4)(a) of the Parliamentary Business Resources Act 2017 (which includes any expenses or services associated with operating or maintaining the vehicle); or\n (ba) an allowance or expense paid under paragraph 14(4)(c) of that Act in relation to internet or telephone services provided to a private residence of a member of parliament; or\n (bb) an allowance or expense that is payable under section 15 of that Act; or\n (c) goods, services, premises, equipment or any other facility that is provided under section 16 of that Act; or\n (d) a public resource that is provided by the Commonwealth under Part 3 of that Act.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> Secretary means the Secretary of the Department.\n\n> staff of the Authority means the staff described in section 49.\n\n> vacancy, in relation to the office of a member of the Authority, has a meaning affected by section 6.\n\n (2) To avoid doubt, a reference in this Act to an amount or resource (however described) that is payable or provided under this or any other Act includes an amount or resource that is purportedly payable or provided under that Act.\n\n#### 5 Expenses or allowances in connection with travel\n\n (1) For the purposes of this Act, expenses or allowances in connection with travel include expenses or allowances that relate to the following costs:\n (a) the cost of fares;\n (aa) the cost of taxis or other local transport in connection with travel;\n (b) the cost of the provision of charter services;\n (c) the cost of accommodation;\n (d) the cost of meals;\n (e) the cost of incidentals.\n (2) Expenses or allowances in connection with travel overseas include expenses or allowances that relate to the following costs:\n (a) the cost of vaccinations and medical supplies essential for travel overseas;\n (b) the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.\n\n#### 6 Vacancy in the office of a member of the Authority\n\n For the purposes of a reference in:\n (a) this Act to a vacancy in the office of a member of the Authority; or\n (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;\n there are taken to be 4 offices of members of the Authority in addition to the Chair of the Authority.\n\n#### 7 Crown to be bound\n\n This Act binds the Crown in right of the Commonwealth.\n\n#### 8 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 9 Extra‑territorial operation\n\n This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Independent Parliamentary Expenses Authority\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\n• This Part establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority consists of the following members:\n\n(a) a Chair;\n\n(b) the President of the Remuneration Tribunal;\n\n(c) at least 2, and not more than 3, other members.\n\n• The members of the Authority (other than the President of the Remuneration Tribunal) are to be appointed by the Governor‑General.\n\n• The Authority is to hold meetings.\n\n• The Authority may delegate its functions and powers.\n\n• The Authority and the Secretary must share relevant information.\n\n### Division 2—Authority’s establishment, functions, powers and liabilities\n\n#### 11 Independent Parliamentary Expenses Authority\n\n (1) The Independent Parliamentary Expenses Authority is established by this section.\n\n> Note 1: The Authority does not have a legal identity separate from the Commonwealth.\n\n> Note 2: In this Act, Authority means the Independent Parliamentary Expenses Authority—see section 4.\n\n (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the Authority is a listed entity; and\n (b) the CEO is the accountable authority of the Authority; and\n (c) the following persons are officials of the Authority:\n (i) the Chair of the Authority;\n (ii) the other members of the Authority;\n (iii) the CEO;\n (iv) the staff of the Authority referred to in section 49;\n (v) persons whose services are made available to the Authority under section 50;\n (vi) consultants engaged under section 51; and\n (d) the purposes of the Authority include:\n (i) the functions of the Authority referred to in section 12; and\n (ii) the functions of the CEO referred to in section 37.\n\n#### 12 Functions of the Authority\n\n (1) The Authority has the following functions:\n (a) to give personal advice:\n (i) to members and former members of parliament about matters relating to MP travel resources and MOPS travel resources; and\n (ii) to MOPS staff members about matters relating to MOPS travel resources;\n (b) to issue general advisory documents about matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (c) if the Authority considers that a particular general advisory document should be published—publish that general advisory document on the Authority’s website;\n (d) to monitor matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (e) to prepare regular reports about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (f) to publish reports prepared under paragraph (e) on the Authority’s website;\n (g) to prepare other such reports as the Authority considers appropriate about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (h) if the Authority considers that a particular report prepared under paragraph (g) should be published—publish that report on the Authority’s website;\n (i) to conduct, or arrange for the conduct of, such audits as the Authority considers appropriate of matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (j) to process claims, on behalf of the Commonwealth, for:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (k) on behalf of the Commonwealth, to incur expenses relating to, to pay or to provide MP travel resources;\n (l) on behalf of the Commonwealth, to incur expenses relating to MOPS travel resources;\n (m) to give rulings under section 37 of the Parliamentary Business Resources Act 2017 relating to certain MP travel resources;\n (n) if a law of the Commonwealth authorises the Authority to give rulings relating to MOPS travel resources—to give those rulings;\n (o) on behalf of the Commonwealth, to recover (whether by way of set‑off or otherwise) overpayments, repayments and cost recovery payments relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (p) such functions (if any) as are conferred on the Authority by any other law of the Commonwealth;\n (q) such other functions (if any) as are prescribed by the legislative rules;\n (r) to do anything incidental to or conducive to the performance of any of the above functions.\n Legislative rules may limit functions in relation to particular resources\n (1A) The legislative rules may provide that the functions of the Authority do not include doing a specified thing in relation to specified MP travel resources, MP work resources or MOPS travel resources. Any legislative rules made for the purposes of this subsection have effect despite subsection (1).\n (1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, legislative rules made for the purposes of subsection (1A) of this section may make different provision in relation to particular resources depending on whether a resource is payable or provided:\n (a) to or in relation to:\n (i) a member of parliament; or\n (ii) a former member of parliament; or\n (iii) without limiting subparagraph (ii), a former Prime Minister; or\n (iv) the estate of a person who dies while a member; or\n (b) in any other circumstance.\n Appointing persons to request and be given personal advice on behalf of members or former members of parliament\n (1C) A member or former member of parliament (the appointer) may, by written notice given to the Authority in accordance with subsection (1F), appoint a person covered by subsection (1D) (the appointee) to request and be given personal advice under subparagraph (1)(a)(i) on behalf of the appointer.\n\n> Note: For variation and revocation of an appointment, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n (1D) This subsection covers:\n (a) for a member of parliament—a MOPS staff member employed by the member, or a person in a class prescribed by the legislative rules for the purposes of this paragraph; and\n (b) for a former member of parliament—any person, other than a person in a class prescribed by the legislative rules for the purposes of this paragraph.\n (1E) The following paragraphs have effect:\n (a) if, while the appointment is in force, the appointee requests the Authority to give the appointee personal advice about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the request is taken for all purposes to have been made by the appointer under that subparagraph to the Authority;\n (b) if, while the appointment is in force, the Authority gives the appointee personal advice in response to such a request about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the personal advice is taken for all purposes to have been given by the Authority under that subparagraph to the appointer.\n (1F) If the Authority has approved, in writing, the form in which a notice of an appointment under subsection (1C) must be given, the notice must be:\n (a) in the approved form; and\n (b) given in the manner (if any) specified in the form; and\n (c) accompanied by the information or documents (if any) required by the form.\n (1G) The Authority must publish on its website a form approved for the purposes of subsection (1F).\n Reports may include personal information\n (2) A report under any of paragraphs (1)(e) to (h) may include personal information (within the meaning of the Privacy Act 1988).\n\n> Note 1: Each of those paragraphs constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n> Note 2: If the report is to be published on the Authority’s website, see also section 60 (sensitive information not to be included in public reports).\n\n Certain agency functions are not exclusive\n (3) Paragraphs (1)(k) and (l) do not, by implication, prevent an agent of the Commonwealth (other than the Authority) from having the authority to incur an expense of the kind referred to in those paragraphs on behalf of the Commonwealth.\n Functions cover claims\n (4) To avoid doubt, a reference to MP travel resources, MP work resources or MOPS travel resources includes a reference to a claim for such resources.\n\n#### 13 Powers of the Authority\n\n The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 14 Authority has privileges and immunities of the Crown\n\n The Authority has the privileges and immunities of the Crown in right of the Commonwealth.\n\n### Division 3—Membership of the Authority\n\n#### 15 Membership of the Authority\n\n The Authority consists of the following members:\n (a) a Chair;\n (b) the President of the Remuneration Tribunal;\n (c) at least 2, and not more than 3, other members.\n\n#### 16 Appointment of members of the Authority\n\n (1) Each member of the Authority (other than a member who is the President of the Remuneration Tribunal) is to be appointed by the Governor‑General by written instrument.\n\n> Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) One appointed member of the Authority must be:\n (a) a former Commonwealth judicial officer; or\n (b) a former judge of the Supreme Court of a State or Territory.\n (3) One appointed member of the Authority must be a former member of parliament.\n (4) One appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in the field of auditing.\n (5) If the Authority consists of 5 members, one appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in at least one of the following fields:\n (c) public administration;\n (d) corporate governance.\n (6) A member of the Authority holds office on a part‑time basis.\n (7) The performance of the functions, or the exercise of the powers, of the Authority is not affected merely because its membership is not as required by subsection (2), (3) or (4) unless a continuous period of 3 months has elapsed since its membership ceased to be as so required.\n (8) An office of member of the Authority that is held by the President of the Remuneration Tribunal is taken not to be a public office for the purposes of paragraph 4(4)(c) of the Remuneration Tribunal Act 1973.\n\n#### 17 Period of appointment for members of the Authority\n\n An appointed member of the Authority holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 18 Acting members of the Authority\n\n Acting Chair of the Authority\n (1) The Minister may, by written instrument, appoint a person to act as the Chair of the Authority:\n (a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair of the Authority:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n Acting member of the Authority (other than the Chair of the Authority)\n (2) The Minister may, by written instrument, appoint a person to act as a member of the Authority (other than the Chair of the Authority):\n (a) during a vacancy in the office of a member of the Authority (other than the Chair of the Authority), whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a member of the Authority (other than the Chair of the Authority):\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n### Division 4—Terms and conditions for members of the Authority\n\n#### 19 Remuneration\n\n (1) An appointed member of the Authority is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an appointed member of the Authority is to be paid the remuneration that is prescribed by the legislative rules.\n (2) An appointed member of the Authority is to be paid the allowances that are prescribed by the legislative rules.\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n (4) A member of the Authority who is the President of the Remuneration Tribunal is to be paid the fees and allowances that are prescribed by the legislative rules.\n\n#### 20 Disclosure of interests\n\n (1) A disclosure by a member of the Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n (2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a member of the Authority is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n\n#### 21 Paid work\n\n A member of the Authority must not engage in any paid work that conflicts or may conflict with the proper performance of his or her duties.\n\n#### 22 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair of the Authority on the terms and conditions as to remuneration or otherwise that the Minister determines.\n (2) The Chair of the Authority may grant leave of absence to a member of the Authority on the terms and conditions that the Chair determines.\n\n#### 23 Resignation\n\n (1) A member of the Authority may resign his or her appointment by giving the Governor‑General a written resignation.\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Governor‑General may terminate the appointment of an appointed member of the Authority:\n (a) for misbehaviour; or\n (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.\n (2) The Governor‑General may terminate the appointment of an appointed member of the Authority if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the member engages in paid work that conflicts or may conflict with the proper performance of his or her duties (see section 21); or\n (c) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority.\n\n#### 25 Other terms and conditions\n\n A member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n### Division 5—Decision‑making by the Authority\n\n#### 26 Holding of meetings\n\n (1) The Authority is to hold such meetings as are necessary for the efficient performance of its functions.\n (2) The Chair of the Authority may convene a meeting at any time.\n\n#### 27 Presiding at meetings\n\n (1) The Chair of the Authority presides at all meetings at which he or she is present.\n (2) If the Chair of the Authority is not present at a meeting, the members of the Authority present must appoint one of themselves to preside.\n\n#### 28 Quorum\n\n At a meeting of the Authority, 2 members of the Authority constitute a quorum.\n\n#### 29 Voting at meetings etc.\n\n (1) A question arising at a meeting of the Authority is to be determined by a majority of the votes of the members of the Authority present and voting.\n (2) The person presiding at a meeting of the Authority has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 30 Conduct of meetings\n\n The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n#### 31 Minutes\n\n The Authority must keep minutes of its meetings.\n\n### Division 6—Delegation\n\n#### 32 Delegation by the Authority\n\n (1) The Authority may, in writing, delegate any or all of its functions and powers to:\n (a) a member of the Authority; or\n (b) the CEO; or\n (c) a member of the staff of the Authority; or\n (d) a person assisting the Authority under section 50.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Authority.\n (3) The delegation continues in force despite a change in the membership of the Authority.\n (4) The delegation may be varied or revoked by the Authority (whether or not there has been a change in the membership of the Authority).\n\n### Division 7—Other matters\n\n#### 33 Authority must give information to the Secretary\n\n (1) The Authority must give the Secretary such information or documents in relation to the Authority’s functions as the Secretary reasonably requires for the performance of the Secretary’s functions in relation to:\n (a) matters relating to MP work resources; or\n (b) matters relating to MOPS travel resources.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Secretary must give information to the Authority\n\n (1) The Secretary must give the Authority such information and documents as the Authority reasonably requires for the performance of the Authority’s functions.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n## Part 3—CEO of the Authority\n\n### Division 1—Introduction\n\n#### 35 Simplified outline of this Part\n\n• There is to be a Chief Executive Officer of the Authority.\n\n• The CEO’s functions are to manage the Authority’s administration and assist it in the performance of its functions.\n\n• The CEO must comply with certain directions given by the Authority.\n\n• The CEO is to be appointed by the Minister.\n\n#### 36 CEO\n\n There is to be a Chief Executive Officer of the Independent Parliamentary Expenses Authority.\n\n> Note: In this Act, CEO means the Chief Executive Officer of the Authority—see section 4.\n\n#### 37 Functions of the CEO\n\n The CEO’s functions are:\n (a) to manage the administration of the Authority; and\n (b) to assist the Authority in the performance of its functions.\n\n#### 38 Powers of the CEO\n\n The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 39 Directions by the Authority\n\n (1) The Authority may give written directions to the CEO about the performance of the CEO’s function under paragraph 37(b) (assisting the Authority).\n Compliance with a direction\n (2) The CEO must comply with a direction under subsection (1).\n When the CEO is not required to comply with a direction\n (3) Subsection (2) does not apply to the extent that:\n (a) the direction deals with the allocation of resources for the performance of the Authority’s functions; or\n (b) compliance with the direction would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Authority; or\n (c) the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Authority.\n Direction is not a legislative instrument\n (4) A direction under subsection (1) is not a legislative instrument.\n\n### Division 2—Appointments\n\n#### 40 Appointment of CEO\n\n (1) The CEO is to be appointed by the Minister by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n (3) The CEO holds office on a full‑time basis.\n (4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 41 Appointment of acting CEO\n\n (1) The Minister may, by written instrument, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed to act as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 42 Remuneration of the CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the legislative rules.\n (2) The CEO is to be paid the allowances that are prescribed by the legislative rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 43 Leave of absence of the CEO\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 44 Other employment of the CEO\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 45 Resignation of the CEO\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 46 Termination of appointment of the CEO\n\n Misbehaviour or incapacity\n (1) The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.\n Bankruptcy etc.\n (2) The Minister may terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 44); or\n (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 47 Other terms and conditions of the CEO\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n## Part 4—Staff of the Authority etc.\n\n#### 48 Simplified outline of this Part\n\n• The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n\n• The Authority may also be assisted by certain officers and employees.\n\n• The CEO may engage consultants.\n\n#### 49 Staff\n\n (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the CEO and the staff of the Authority together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 50 Persons assisting the Authority\n\n The Authority may also be assisted:\n (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers and employees of authorities of the Commonwealth; or\n (c) by officers and employees of a State or Territory; or\n (d) by officers and employees of authorities of a State or Territory;\n whose services are made available to the Authority in connection with the performance of any of its functions.\n\n#### 51 Consultants\n\n The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Authority’s functions.\n\n## Part 5—Information‑gathering powers\n\n#### 52 Simplified outline of this Part\n\n• The Authority may require a person to give the Authority information, or produce to the Authority a document, that is relevant to the performance of the Authority’s reporting or auditing functions.\n\n#### 53 Authority may obtain information and documents\n\n Scope\n (1) This section applies to a person if the Authority has reason to believe that the person has information or a document that is relevant to the performance of a function conferred on the Authority by any of paragraphs 12(1)(e) to (i).\n Requirement\n (2) The Authority may, by written notice given to the person, require the person:\n (a) to give to the Authority, within the period and in the manner and form specified in the notice, any such information; or\n (b) to produce to the Authority, within the period and in the manner specified in the notice, any such documents; or\n (c) to make copies of any such documents and to produce to the Authority, within the period and in the manner specified in the notice, those copies.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A person commits an offence if:\n (a) the Authority has given a notice to the person under subsection (2); and\n (b) the person engages in conduct; and\n (c) the person’s conduct contravenes a requirement in the notice.\n\nPenalty: 30 penalty units.\n\n (5) A notice under subsection (2) must set out the effect of:\n (a) subsection (4); and\n (b) sections 137.1 and 137.2 of the Criminal Code.\n\n#### 54 Copying documents—reasonable compensation\n\n A person is entitled to be paid by the Authority, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 53(2)(c).\n\n#### 55 Self‑incrimination\n\n A person is excused from giving information or producing a document or a copy of a document under this Part if the information or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.\n\n#### 56 Copies of documents\n\n (1) The Authority may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.\n (2) The Authority may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 53(2)(c).\n\n#### 57 Authority may retain documents\n\n (1) The Authority may take, and retain for as long as is necessary, possession of a document produced under this Part.\n (2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Authority to be a true copy.\n (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n (4) Until a certified copy is supplied, the Authority must, at such times and places as the Authority thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.\n\n#### 58 Relationship of information‑gathering powers to other laws\n\n (1) The operation of this Part is limited by laws of the Commonwealth relating to the powers, privileges and immunities of:\n (a) each House of the Parliament; and\n (b) the members of each House of the Parliament; and\n (c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.\n (2) This Part does not affect the law relating to legal professional privilege.\n\n## Part 6—Miscellaneous\n\n#### 59 Simplified outline of this Part\n\n• This Part deals with miscellaneous matters, such as the making of legislative rules.\n\n#### 60 Sensitive information not to be included in public reports\n\n (1) The Authority must not include particular information in a public report if:\n (a) the Authority is of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (b) the Attorney‑General has issued a certificate to the Authority stating that, in the opinion of the Attorney‑General, disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (c) the Authority is of the opinion that disclosure of the information would be likely to result in serious harm to, or would be likely to put at risk the safety of, the individual, or any of the individuals, to whom the information relates.\n (2) The Authority cannot be required, and is not permitted, to disclose to:\n (a) a House of the Parliament; or\n (b) a member of a House of the Parliament; or\n (c) a committee of a House of the Parliament or a joint committee of both Houses of the Parliament;\n information that subsection (1) prohibits being included in a public report.\n (3) If the Authority omits particular information from a public report because the Attorney‑General has issued a certificate under paragraph (1)(b) in relation to the information, the Authority must state in the report:\n (a) that information (which does not have to be identified) has been omitted from the report; and\n (b) that the Attorney‑General issued the certificate because the Attorney‑General was of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth.\n (4) If, because of subsection (1), the Authority:\n (a) decides not to prepare a public report; or\n (b) omits particular information from a public report;\n the Authority may prepare a report under this subsection that includes the information concerned. The Authority must give a copy of each report under this subsection to:\n (c) the Prime Minister; and\n (d) the Minister.\n (5) For the purposes of this section, public report means a report that is to be published on the Authority’s website.\n\n#### 61 Proceedings in the name of the Authority\n\n (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.\n (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.\n\n#### 62 Independent review\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the legislative rules.\n (2) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (3) The persons who conduct the review must give the Minister a written report of the review.\n (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 63 Transitional legislative rules\n\n The legislative rules may prescribe matters of a transitional nature relating to the abolition of the body known as the Independent Parliamentary Expenses Authority that was established as an Executive Agency under section 65 of the Public Service Act 1999.\n\n#### 64 Legislative rules\n\n (1) The Minister may, by legislative instrument, make rules (legislative rules) prescribing matters:\n (a) required or permitted by this Act to be prescribed by the legislative rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the legislative rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Authority must give information to the Secretary","content":"#### 33 Authority must give information to the Secretary\n\n (1) The Authority must give the Secretary such information or documents in relation to the Authority’s functions as the Secretary reasonably requires for the performance of the Secretary’s functions in relation to:\n (a) matters relating to MP work resources; or\n (b) matters relating to MOPS travel resources.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Secretary must give information to the Authority","content":"#### 34 Secretary must give information to the Authority\n\n (1) The Secretary must give the Authority such information and documents as the Authority reasonably requires for the performance of the Authority’s functions.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.","sortOrder":42},{"sectionNumber":"Part 3","sectionType":"part","heading":"CEO of the Authority","content":"An Act to establish the Independent Parliamentary Expenses Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Independent Parliamentary Expenses Authority Act 2017.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 February 2017

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2017

(F2017N00036)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\n• This Act establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority has a CEO who is responsible for its administration and for assisting it to perform its functions.\n\n#### 4 Definitions\n\n (1) In this Act:\n\n> appointed member of the Authority means a member of the Authority who is not the President of the Remuneration Tribunal.\n\n> Authority means the Independent Parliamentary Expenses Authority.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> claim includes request.\n\n> Commonwealth judicial officer means:\n\n (a) a Justice of the High Court; or\n (b) a judge or justice of a court created by the Parliament.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> harm has the same meaning as in the Dictionary to the Criminal Code.\n\n> incidentals includes the cost of transport.\n\n> legislative rules means rules made under section 64.\n\n> member of parliament means:\n\n (a) a senator; or\n (b) a member of the House of Representatives; or\n (c) a Minister of State who is not a senator or member of the House of Representatives; or\n (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or\n (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives.\n\n> member of the Authority includes the Chair of the Authority.\n\n> MOPS staff member means a person employed under the Members of Parliament (Staff) Act 1984.\n\n> MOPS travel resource means:\n\n (a) an expense that is:\n (i) incurred in connection with travel by a MOPS staff member at the expense of the Commonwealth; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act); or\n (b) an allowance that is:\n (i) payable to a MOPS staff member in connection with travel by the MOPS staff member; and\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act).\n\n> MP travel resource means:\n\n (a) a travel expense payable under section 30 of the Parliamentary Business Resources Act 2017; or\n (b) a travel allowance payable under section 31 of that Act; or\n (c) an allowance or expense in connection with the travel of a former member of parliament that is payable under section 15 of that Act; or\n (d) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.\n\n> MP work resource means:\n\n (a) MP travel resource; or\n (b) a private plated vehicle provided to a member of parliament under paragraph 14(4)(a) of the Parliamentary Business Resources Act 2017 (which includes any expenses or services associated with operating or maintaining the vehicle); or\n (ba) an allowance or expense paid under paragraph 14(4)(c) of that Act in relation to internet or telephone services provided to a private residence of a member of parliament; or\n (bb) an allowance or expense that is payable under section 15 of that Act; or\n (c) goods, services, premises, equipment or any other facility that is provided under section 16 of that Act; or\n (d) a public resource that is provided by the Commonwealth under Part 3 of that Act.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> Secretary means the Secretary of the Department.\n\n> staff of the Authority means the staff described in section 49.\n\n> vacancy, in relation to the office of a member of the Authority, has a meaning affected by section 6.\n\n (2) To avoid doubt, a reference in this Act to an amount or resource (however described) that is payable or provided under this or any other Act includes an amount or resource that is purportedly payable or provided under that Act.\n\n#### 5 Expenses or allowances in connection with travel\n\n (1) For the purposes of this Act, expenses or allowances in connection with travel include expenses or allowances that relate to the following costs:\n (a) the cost of fares;\n (aa) the cost of taxis or other local transport in connection with travel;\n (b) the cost of the provision of charter services;\n (c) the cost of accommodation;\n (d) the cost of meals;\n (e) the cost of incidentals.\n (2) Expenses or allowances in connection with travel overseas include expenses or allowances that relate to the following costs:\n (a) the cost of vaccinations and medical supplies essential for travel overseas;\n (b) the cost of medical services (including emergency dental services) and hospital services received in the period covered by the official itinerary if the cost is not covered by insurance.\n\n#### 6 Vacancy in the office of a member of the Authority\n\n For the purposes of a reference in:\n (a) this Act to a vacancy in the office of a member of the Authority; or\n (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;\n there are taken to be 4 offices of members of the Authority in addition to the Chair of the Authority.\n\n#### 7 Crown to be bound\n\n This Act binds the Crown in right of the Commonwealth.\n\n#### 8 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 9 Extra‑territorial operation\n\n This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.\n\n## Part 2—Independent Parliamentary Expenses Authority\n\n### Division 1—Introduction\n\n#### 10 Simplified outline of this Part\n\n• This Part establishes the Independent Parliamentary Expenses Authority.\n\n• The Authority has functions relating to:\n\n(a) the work resources and travel resources (which are travel expenses and travel allowances) of members of parliament; and\n\n(b) certain resources of former members of parliament; and\n\n(c) the travel resources of persons employed under of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n(a) giving advice about travel resources; and\n\n(b) monitoring travel resources; and\n\n(c) preparing regular reports relating to work resources and travel resources; and\n\n(d) audits relating to work resources and travel resources; and\n\n(e) processing claims relating to travel resources; and\n\n(f) giving rulings relating to travel resources.\n\n• The Authority consists of the following members:\n\n(a) a Chair;\n\n(b) the President of the Remuneration Tribunal;\n\n(c) at least 2, and not more than 3, other members.\n\n• The members of the Authority (other than the President of the Remuneration Tribunal) are to be appointed by the Governor‑General.\n\n• The Authority is to hold meetings.\n\n• The Authority may delegate its functions and powers.\n\n• The Authority and the Secretary must share relevant information.\n\n### Division 2—Authority’s establishment, functions, powers and liabilities\n\n#### 11 Independent Parliamentary Expenses Authority\n\n (1) The Independent Parliamentary Expenses Authority is established by this section.\n\n> Note 1: The Authority does not have a legal identity separate from the Commonwealth.\n\n> Note 2: In this Act, Authority means the Independent Parliamentary Expenses Authority—see section 4.\n\n (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (a) the Authority is a listed entity; and\n (b) the CEO is the accountable authority of the Authority; and\n (c) the following persons are officials of the Authority:\n (i) the Chair of the Authority;\n (ii) the other members of the Authority;\n (iii) the CEO;\n (iv) the staff of the Authority referred to in section 49;\n (v) persons whose services are made available to the Authority under section 50;\n (vi) consultants engaged under section 51; and\n (d) the purposes of the Authority include:\n (i) the functions of the Authority referred to in section 12; and\n (ii) the functions of the CEO referred to in section 37.\n\n#### 12 Functions of the Authority\n\n (1) The Authority has the following functions:\n (a) to give personal advice:\n (i) to members and former members of parliament about matters relating to MP travel resources and MOPS travel resources; and\n (ii) to MOPS staff members about matters relating to MOPS travel resources;\n (b) to issue general advisory documents about matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (c) if the Authority considers that a particular general advisory document should be published—publish that general advisory document on the Authority’s website;\n (d) to monitor matters relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (e) to prepare regular reports about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (f) to publish reports prepared under paragraph (e) on the Authority’s website;\n (g) to prepare other such reports as the Authority considers appropriate about matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (h) if the Authority considers that a particular report prepared under paragraph (g) should be published—publish that report on the Authority’s website;\n (i) to conduct, or arrange for the conduct of, such audits as the Authority considers appropriate of matters relating to:\n (i) MP work resources; and\n (ii) MOPS travel resources;\n (j) to process claims, on behalf of the Commonwealth, for:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (k) on behalf of the Commonwealth, to incur expenses relating to, to pay or to provide MP travel resources;\n (l) on behalf of the Commonwealth, to incur expenses relating to MOPS travel resources;\n (m) to give rulings under section 37 of the Parliamentary Business Resources Act 2017 relating to certain MP travel resources;\n (n) if a law of the Commonwealth authorises the Authority to give rulings relating to MOPS travel resources—to give those rulings;\n (o) on behalf of the Commonwealth, to recover (whether by way of set‑off or otherwise) overpayments, repayments and cost recovery payments relating to:\n (i) MP travel resources; and\n (ii) MOPS travel resources;\n (p) such functions (if any) as are conferred on the Authority by any other law of the Commonwealth;\n (q) such other functions (if any) as are prescribed by the legislative rules;\n (r) to do anything incidental to or conducive to the performance of any of the above functions.\n Legislative rules may limit functions in relation to particular resources\n (1A) The legislative rules may provide that the functions of the Authority do not include doing a specified thing in relation to specified MP travel resources, MP work resources or MOPS travel resources. Any legislative rules made for the purposes of this subsection have effect despite subsection (1).\n (1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, legislative rules made for the purposes of subsection (1A) of this section may make different provision in relation to particular resources depending on whether a resource is payable or provided:\n (a) to or in relation to:\n (i) a member of parliament; or\n (ii) a former member of parliament; or\n (iii) without limiting subparagraph (ii), a former Prime Minister; or\n (iv) the estate of a person who dies while a member; or\n (b) in any other circumstance.\n Appointing persons to request and be given personal advice on behalf of members or former members of parliament\n (1C) A member or former member of parliament (the appointer) may, by written notice given to the Authority in accordance with subsection (1F), appoint a person covered by subsection (1D) (the appointee) to request and be given personal advice under subparagraph (1)(a)(i) on behalf of the appointer.\n\n> Note: For variation and revocation of an appointment, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n (1D) This subsection covers:\n (a) for a member of parliament—a MOPS staff member employed by the member, or a person in a class prescribed by the legislative rules for the purposes of this paragraph; and\n (b) for a former member of parliament—any person, other than a person in a class prescribed by the legislative rules for the purposes of this paragraph.\n (1E) The following paragraphs have effect:\n (a) if, while the appointment is in force, the appointee requests the Authority to give the appointee personal advice about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the request is taken for all purposes to have been made by the appointer under that subparagraph to the Authority;\n (b) if, while the appointment is in force, the Authority gives the appointee personal advice in response to such a request about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the personal advice is taken for all purposes to have been given by the Authority under that subparagraph to the appointer.\n (1F) If the Authority has approved, in writing, the form in which a notice of an appointment under subsection (1C) must be given, the notice must be:\n (a) in the approved form; and\n (b) given in the manner (if any) specified in the form; and\n (c) accompanied by the information or documents (if any) required by the form.\n (1G) The Authority must publish on its website a form approved for the purposes of subsection (1F).\n Reports may include personal information\n (2) A report under any of paragraphs (1)(e) to (h) may include personal information (within the meaning of the Privacy Act 1988).\n\n> Note 1: Each of those paragraphs constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n> Note 2: If the report is to be published on the Authority’s website, see also section 60 (sensitive information not to be included in public reports).\n\n Certain agency functions are not exclusive\n (3) Paragraphs (1)(k) and (l) do not, by implication, prevent an agent of the Commonwealth (other than the Authority) from having the authority to incur an expense of the kind referred to in those paragraphs on behalf of the Commonwealth.\n Functions cover claims\n (4) To avoid doubt, a reference to MP travel resources, MP work resources or MOPS travel resources includes a reference to a claim for such resources.\n\n#### 13 Powers of the Authority\n\n The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 14 Authority has privileges and immunities of the Crown\n\n The Authority has the privileges and immunities of the Crown in right of the Commonwealth.\n\n### Division 3—Membership of the Authority\n\n#### 15 Membership of the Authority\n\n The Authority consists of the following members:\n (a) a Chair;\n (b) the President of the Remuneration Tribunal;\n (c) at least 2, and not more than 3, other members.\n\n#### 16 Appointment of members of the Authority\n\n (1) Each member of the Authority (other than a member who is the President of the Remuneration Tribunal) is to be appointed by the Governor‑General by written instrument.\n\n> Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) One appointed member of the Authority must be:\n (a) a former Commonwealth judicial officer; or\n (b) a former judge of the Supreme Court of a State or Territory.\n (3) One appointed member of the Authority must be a former member of parliament.\n (4) One appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in the field of auditing.\n (5) If the Authority consists of 5 members, one appointed member of the Authority must be a person who the Minister is satisfied has:\n (a) substantial experience or knowledge; and\n (b) significant standing;\n in at least one of the following fields:\n (c) public administration;\n (d) corporate governance.\n (6) A member of the Authority holds office on a part‑time basis.\n (7) The performance of the functions, or the exercise of the powers, of the Authority is not affected merely because its membership is not as required by subsection (2), (3) or (4) unless a continuous period of 3 months has elapsed since its membership ceased to be as so required.\n (8) An office of member of the Authority that is held by the President of the Remuneration Tribunal is taken not to be a public office for the purposes of paragraph 4(4)(c) of the Remuneration Tribunal Act 1973.\n\n#### 17 Period of appointment for members of the Authority\n\n An appointed member of the Authority holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 18 Acting members of the Authority\n\n Acting Chair of the Authority\n (1) The Minister may, by written instrument, appoint a person to act as the Chair of the Authority:\n (a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair of the Authority:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n Acting member of the Authority (other than the Chair of the Authority)\n (2) The Minister may, by written instrument, appoint a person to act as a member of the Authority (other than the Chair of the Authority):\n (a) during a vacancy in the office of a member of the Authority (other than the Chair of the Authority), whether or not an appointment has previously been made to the office; or\n (b) during any period, or during all periods, when a member of the Authority (other than the Chair of the Authority):\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n### Division 4—Terms and conditions for members of the Authority\n\n#### 19 Remuneration\n\n (1) An appointed member of the Authority is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an appointed member of the Authority is to be paid the remuneration that is prescribed by the legislative rules.\n (2) An appointed member of the Authority is to be paid the allowances that are prescribed by the legislative rules.\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n (4) A member of the Authority who is the President of the Remuneration Tribunal is to be paid the fees and allowances that are prescribed by the legislative rules.\n\n#### 20 Disclosure of interests\n\n (1) A disclosure by a member of the Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n (2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a member of the Authority is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n\n#### 21 Paid work\n\n A member of the Authority must not engage in any paid work that conflicts or may conflict with the proper performance of his or her duties.\n\n#### 22 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair of the Authority on the terms and conditions as to remuneration or otherwise that the Minister determines.\n (2) The Chair of the Authority may grant leave of absence to a member of the Authority on the terms and conditions that the Chair determines.\n\n#### 23 Resignation\n\n (1) A member of the Authority may resign his or her appointment by giving the Governor‑General a written resignation.\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Governor‑General may terminate the appointment of an appointed member of the Authority:\n (a) for misbehaviour; or\n (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.\n (2) The Governor‑General may terminate the appointment of an appointed member of the Authority if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the member engages in paid work that conflicts or may conflict with the proper performance of his or her duties (see section 21); or\n (c) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority.\n\n#### 25 Other terms and conditions\n\n A member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n### Division 5—Decision‑making by the Authority\n\n#### 26 Holding of meetings\n\n (1) The Authority is to hold such meetings as are necessary for the efficient performance of its functions.\n (2) The Chair of the Authority may convene a meeting at any time.\n\n#### 27 Presiding at meetings\n\n (1) The Chair of the Authority presides at all meetings at which he or she is present.\n (2) If the Chair of the Authority is not present at a meeting, the members of the Authority present must appoint one of themselves to preside.\n\n#### 28 Quorum\n\n At a meeting of the Authority, 2 members of the Authority constitute a quorum.\n\n#### 29 Voting at meetings etc.\n\n (1) A question arising at a meeting of the Authority is to be determined by a majority of the votes of the members of the Authority present and voting.\n (2) The person presiding at a meeting of the Authority has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 30 Conduct of meetings\n\n The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n#### 31 Minutes\n\n The Authority must keep minutes of its meetings.\n\n### Division 6—Delegation\n\n#### 32 Delegation by the Authority\n\n (1) The Authority may, in writing, delegate any or all of its functions and powers to:\n (a) a member of the Authority; or\n (b) the CEO; or\n (c) a member of the staff of the Authority; or\n (d) a person assisting the Authority under section 50.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Authority.\n (3) The delegation continues in force despite a change in the membership of the Authority.\n (4) The delegation may be varied or revoked by the Authority (whether or not there has been a change in the membership of the Authority).\n\n### Division 7—Other matters\n\n#### 33 Authority must give information to the Secretary\n\n (1) The Authority must give the Secretary such information or documents in relation to the Authority’s functions as the Secretary reasonably requires for the performance of the Secretary’s functions in relation to:\n (a) matters relating to MP work resources; or\n (b) matters relating to MOPS travel resources.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Secretary must give information to the Authority\n\n (1) The Secretary must give the Authority such information and documents as the Authority reasonably requires for the performance of the Authority’s functions.\n (2) The information mentioned in subsection (1) may include personal information (within the meaning of the Privacy Act 1988).\n (3) A document mentioned in subsection (1) may contain personal information (within the meaning of the Privacy Act 1988).\n\n> Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n## Part 3—CEO of the Authority\n\n### Division 1—Introduction\n\n#### 35 Simplified outline of this Part\n\n• There is to be a Chief Executive Officer of the Authority.\n\n• The CEO’s functions are to manage the Authority’s administration and assist it in the performance of its functions.\n\n• The CEO must comply with certain directions given by the Authority.\n\n• The CEO is to be appointed by the Minister.\n\n#### 36 CEO\n\n There is to be a Chief Executive Officer of the Independent Parliamentary Expenses Authority.\n\n> Note: In this Act, CEO means the Chief Executive Officer of the Authority—see section 4.\n\n#### 37 Functions of the CEO\n\n The CEO’s functions are:\n (a) to manage the administration of the Authority; and\n (b) to assist the Authority in the performance of its functions.\n\n#### 38 Powers of the CEO\n\n The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n\n#### 39 Directions by the Authority\n\n (1) The Authority may give written directions to the CEO about the performance of the CEO’s function under paragraph 37(b) (assisting the Authority).\n Compliance with a direction\n (2) The CEO must comply with a direction under subsection (1).\n When the CEO is not required to comply with a direction\n (3) Subsection (2) does not apply to the extent that:\n (a) the direction deals with the allocation of resources for the performance of the Authority’s functions; or\n (b) compliance with the direction would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Authority; or\n (c) the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Authority.\n Direction is not a legislative instrument\n (4) A direction under subsection (1) is not a legislative instrument.\n\n### Division 2—Appointments\n\n#### 40 Appointment of CEO\n\n (1) The CEO is to be appointed by the Minister by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n (3) The CEO holds office on a full‑time basis.\n (4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 41 Appointment of acting CEO\n\n (1) The Minister may, by written instrument, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed to act as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 42 Remuneration of the CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the legislative rules.\n (2) The CEO is to be paid the allowances that are prescribed by the legislative rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 43 Leave of absence of the CEO\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 44 Other employment of the CEO\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.\n\n#### 45 Resignation of the CEO\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 46 Termination of appointment of the CEO\n\n Misbehaviour or incapacity\n (1) The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.\n Bankruptcy etc.\n (2) The Minister may terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 44); or\n (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 47 Other terms and conditions of the CEO\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n## Part 4—Staff of the Authority etc.\n\n#### 48 Simplified outline of this Part\n\n• The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n\n• The Authority may also be assisted by certain officers and employees.\n\n• The CEO may engage consultants.\n\n#### 49 Staff\n\n (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the CEO and the staff of the Authority together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 50 Persons assisting the Authority\n\n The Authority may also be assisted:\n (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers and employees of authorities of the Commonwealth; or\n (c) by officers and employees of a State or Territory; or\n (d) by officers and employees of authorities of a State or Territory;\n whose services are made available to the Authority in connection with the performance of any of its functions.\n\n#### 51 Consultants\n\n The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Authority’s functions.\n\n## Part 5—Information‑gathering powers\n\n#### 52 Simplified outline of this Part\n\n• The Authority may require a person to give the Authority information, or produce to the Authority a document, that is relevant to the performance of the Authority’s reporting or auditing functions.\n\n#### 53 Authority may obtain information and documents\n\n Scope\n (1) This section applies to a person if the Authority has reason to believe that the person has information or a document that is relevant to the performance of a function conferred on the Authority by any of paragraphs 12(1)(e) to (i).\n Requirement\n (2) The Authority may, by written notice given to the person, require the person:\n (a) to give to the Authority, within the period and in the manner and form specified in the notice, any such information; or\n (b) to produce to the Authority, within the period and in the manner specified in the notice, any such documents; or\n (c) to make copies of any such documents and to produce to the Authority, within the period and in the manner specified in the notice, those copies.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A person commits an offence if:\n (a) the Authority has given a notice to the person under subsection (2); and\n (b) the person engages in conduct; and\n (c) the person’s conduct contravenes a requirement in the notice.\n\nPenalty: 30 penalty units.\n\n (5) A notice under subsection (2) must set out the effect of:\n (a) subsection (4); and\n (b) sections 137.1 and 137.2 of the Criminal Code.\n\n#### 54 Copying documents—reasonable compensation\n\n A person is entitled to be paid by the Authority, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 53(2)(c).\n\n#### 55 Self‑incrimination\n\n A person is excused from giving information or producing a document or a copy of a document under this Part if the information or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.\n\n#### 56 Copies of documents\n\n (1) The Authority may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.\n (2) The Authority may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 53(2)(c).\n\n#### 57 Authority may retain documents\n\n (1) The Authority may take, and retain for as long as is necessary, possession of a document produced under this Part.\n (2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Authority to be a true copy.\n (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n (4) Until a certified copy is supplied, the Authority must, at such times and places as the Authority thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.\n\n#### 58 Relationship of information‑gathering powers to other laws\n\n (1) The operation of this Part is limited by laws of the Commonwealth relating to the powers, privileges and immunities of:\n (a) each House of the Parliament; and\n (b) the members of each House of the Parliament; and\n (c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.\n (2) This Part does not affect the law relating to legal professional privilege.\n\n## Part 6—Miscellaneous\n\n#### 59 Simplified outline of this Part\n\n• This Part deals with miscellaneous matters, such as the making of legislative rules.\n\n#### 60 Sensitive information not to be included in public reports\n\n (1) The Authority must not include particular information in a public report if:\n (a) the Authority is of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (b) the Attorney‑General has issued a certificate to the Authority stating that, in the opinion of the Attorney‑General, disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (c) the Authority is of the opinion that disclosure of the information would be likely to result in serious harm to, or would be likely to put at risk the safety of, the individual, or any of the individuals, to whom the information relates.\n (2) The Authority cannot be required, and is not permitted, to disclose to:\n (a) a House of the Parliament; or\n (b) a member of a House of the Parliament; or\n (c) a committee of a House of the Parliament or a joint committee of both Houses of the Parliament;\n information that subsection (1) prohibits being included in a public report.\n (3) If the Authority omits particular information from a public report because the Attorney‑General has issued a certificate under paragraph (1)(b) in relation to the information, the Authority must state in the report:\n (a) that information (which does not have to be identified) has been omitted from the report; and\n (b) that the Attorney‑General issued the certificate because the Attorney‑General was of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth.\n (4) If, because of subsection (1), the Authority:\n (a) decides not to prepare a public report; or\n (b) omits particular information from a public report;\n the Authority may prepare a report under this subsection that includes the information concerned. The Authority must give a copy of each report under this subsection to:\n (c) the Prime Minister; and\n (d) the Minister.\n (5) For the purposes of this section, public report means a report that is to be published on the Authority’s website.\n\n#### 61 Proceedings in the name of the Authority\n\n (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.\n (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.\n\n#### 62 Independent review\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the legislative rules.\n (2) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (3) The persons who conduct the review must give the Minister a written report of the review.\n (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 63 Transitional legislative rules\n\n The legislative rules may prescribe matters of a transitional nature relating to the abolition of the body known as the Independent Parliamentary Expenses Authority that was established as an Executive Agency under section 65 of the Public Service Act 1999.\n\n#### 64 Legislative rules\n\n (1) The Minister may, by legislative instrument, make rules (legislative rules) prescribing matters:\n (a) required or permitted by this Act to be prescribed by the legislative rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the legislative rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 35 Simplified outline of this Part\n\n• There is to be a Chief Executive Officer of the Authority.\n\n• The CEO’s functions are to manage the Authority’s administration and assist it in the performance of its functions.\n\n• The CEO must comply with certain directions given by the Authority.\n\n• The CEO is to be appointed by the Minister.","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"CEO","content":"#### 36 CEO\n\n There is to be a Chief Executive Officer of the Independent Parliamentary Expenses Authority.\n\n> Note: In this Act, CEO means the Chief Executive Officer of the Authority—see section 4.","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Functions of the CEO","content":"#### 37 Functions of the CEO\n\n The CEO’s functions are:\n (a) to manage the administration of the Authority; and\n (b) to assist the Authority in the performance of its functions.","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Powers of the CEO","content":"#### 38 Powers of the CEO\n\n The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Directions by the Authority","content":"#### 39 Directions by the Authority\n\n (1) The Authority may give written directions to the CEO about the performance of the CEO’s function under paragraph 37(b) (assisting the Authority).\n Compliance with a direction\n (2) The CEO must comply with a direction under subsection (1).\n When the CEO is not required to comply with a direction\n (3) Subsection (2) does not apply to the extent that:\n (a) the direction deals with the allocation of resources for the performance of the Authority’s functions; or\n (b) compliance with the direction would be inconsistent with the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Authority; or\n (c) the direction relates to the CEO’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Authority.\n Direction is not a legislative instrument\n (4) A direction under subsection (1) is not a legislative instrument.","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Appointment of CEO","content":"#### 40 Appointment of CEO\n\n (1) The CEO is to be appointed by the Minister by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.\n (3) The CEO holds office on a full‑time basis.\n (4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Appointment of acting CEO","content":"#### 41 Appointment of acting CEO\n\n (1) The Minister may, by written instrument, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (2) A person must not be appointed to act as the CEO unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.","sortOrder":52},{"sectionNumber":"42","sectionType":"section","heading":"Remuneration of the CEO","content":"#### 42 Remuneration of the CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the legislative rules.\n (2) The CEO is to be paid the allowances that are prescribed by the legislative rules.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Leave of absence of the CEO","content":"#### 43 Leave of absence of the CEO\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Other employment of the CEO","content":"#### 44 Other employment of the CEO\n\n The CEO must not engage in paid work outside the duties of his or her office without the Minister’s approval.","sortOrder":56},{"sectionNumber":"45","sectionType":"section","heading":"Resignation of the CEO","content":"#### 45 Resignation of the CEO\n\n (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Termination of appointment of the CEO","content":"#### 46 Termination of appointment of the CEO\n\n Misbehaviour or incapacity\n (1) The Minister may terminate the appointment of the CEO:\n (a) for misbehaviour; or\n (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.\n Bankruptcy etc.\n (2) The Minister may terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 44); or\n (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.","sortOrder":58},{"sectionNumber":"47","sectionType":"section","heading":"Other terms and conditions of the CEO","content":"#### 47 Other terms and conditions of the CEO\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":59},{"sectionNumber":"Part 4","sectionType":"part","heading":"Staff of the Authority etc.","content":"## Part 4—Staff of the Authority etc.","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 48 Simplified outline of this Part\n\n• The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n\n• The Authority may also be assisted by certain officers and employees.\n\n• The CEO may engage consultants.","sortOrder":61},{"sectionNumber":"49","sectionType":"section","heading":"Staff","content":"#### 49 Staff\n\n (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n (2) For the purposes of the Public Service Act 1999:\n (a) the CEO and the staff of the Authority together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Persons assisting the Authority","content":"#### 50 Persons assisting the Authority\n\n The Authority may also be assisted:\n (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n (b) by officers and employees of authorities of the Commonwealth; or\n (c) by officers and employees of a State or Territory; or\n (d) by officers and employees of authorities of a State or Territory;\n whose services are made available to the Authority in connection with the performance of any of its functions.","sortOrder":63},{"sectionNumber":"51","sectionType":"section","heading":"Consultants","content":"#### 51 Consultants\n\n The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Authority’s functions.","sortOrder":64},{"sectionNumber":"Part 5","sectionType":"part","heading":"Information‑gathering powers","content":"## Part 5—Information‑gathering powers","sortOrder":65},{"sectionNumber":"52","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 52 Simplified outline of this Part\n\n• The Authority may require a person to give the Authority information, or produce to the Authority a document, that is relevant to the performance of the Authority’s reporting or auditing functions.","sortOrder":66},{"sectionNumber":"53","sectionType":"section","heading":"Authority may obtain information and documents","content":"#### 53 Authority may obtain information and documents\n\n Scope\n (1) This section applies to a person if the Authority has reason to believe that the person has information or a document that is relevant to the performance of a function conferred on the Authority by any of paragraphs 12(1)(e) to (i).\n Requirement\n (2) The Authority may, by written notice given to the person, require the person:\n (a) to give to the Authority, within the period and in the manner and form specified in the notice, any such information; or\n (b) to produce to the Authority, within the period and in the manner specified in the notice, any such documents; or\n (c) to make copies of any such documents and to produce to the Authority, within the period and in the manner specified in the notice, those copies.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n (4) A person commits an offence if:\n (a) the Authority has given a notice to the person under subsection (2); and\n (b) the person engages in conduct; and\n (c) the person’s conduct contravenes a requirement in the notice.\n\nPenalty: 30 penalty units.\n\n (5) A notice under subsection (2) must set out the effect of:\n (a) subsection (4); and\n (b) sections 137.1 and 137.2 of the Criminal Code.","sortOrder":67},{"sectionNumber":"54","sectionType":"section","heading":"Copying documents—reasonable compensation","content":"#### 54 Copying documents—reasonable compensation\n\n A person is entitled to be paid by the Authority, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 53(2)(c).","sortOrder":68},{"sectionNumber":"55","sectionType":"section","heading":"Self‑incrimination","content":"#### 55 Self‑incrimination\n\n A person is excused from giving information or producing a document or a copy of a document under this Part if the information or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.","sortOrder":69},{"sectionNumber":"56","sectionType":"section","heading":"Copies of documents","content":"#### 56 Copies of documents\n\n (1) The Authority may inspect a document or copy produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.\n (2) The Authority may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 53(2)(c).","sortOrder":70},{"sectionNumber":"57","sectionType":"section","heading":"Authority may retain documents","content":"#### 57 Authority may retain documents\n\n (1) The Authority may take, and retain for as long as is necessary, possession of a document produced under this Part.\n (2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Authority to be a true copy.\n (3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n (4) Until a certified copy is supplied, the Authority must, at such times and places as the Authority thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.","sortOrder":71},{"sectionNumber":"58","sectionType":"section","heading":"Relationship of information‑gathering powers to other laws","content":"#### 58 Relationship of information‑gathering powers to other laws\n\n (1) The operation of this Part is limited by laws of the Commonwealth relating to the powers, privileges and immunities of:\n (a) each House of the Parliament; and\n (b) the members of each House of the Parliament; and\n (c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.\n (2) This Part does not affect the law relating to legal professional privilege.","sortOrder":72},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"## Part 6—Miscellaneous","sortOrder":73},{"sectionNumber":"59","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 59 Simplified outline of this Part\n\n• This Part deals with miscellaneous matters, such as the making of legislative rules.","sortOrder":74},{"sectionNumber":"60","sectionType":"section","heading":"Sensitive information not to be included in public reports","content":"#### 60 Sensitive information not to be included in public reports\n\n (1) The Authority must not include particular information in a public report if:\n (a) the Authority is of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (b) the Attorney‑General has issued a certificate to the Authority stating that, in the opinion of the Attorney‑General, disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth; or\n (c) the Authority is of the opinion that disclosure of the information would be likely to result in serious harm to, or would be likely to put at risk the safety of, the individual, or any of the individuals, to whom the information relates.\n (2) The Authority cannot be required, and is not permitted, to disclose to:\n (a) a House of the Parliament; or\n (b) a member of a House of the Parliament; or\n (c) a committee of a House of the Parliament or a joint committee of both Houses of the Parliament;\n information that subsection (1) prohibits being included in a public report.\n (3) If the Authority omits particular information from a public report because the Attorney‑General has issued a certificate under paragraph (1)(b) in relation to the information, the Authority must state in the report:\n (a) that information (which does not have to be identified) has been omitted from the report; and\n (b) that the Attorney‑General issued the certificate because the Attorney‑General was of the opinion that disclosure of the information would be contrary to the public interest because the disclosure would prejudice the security, defence or international relations of the Commonwealth.\n (4) If, because of subsection (1), the Authority:\n (a) decides not to prepare a public report; or\n (b) omits particular information from a public report;\n the Authority may prepare a report under this subsection that includes the information concerned. The Authority must give a copy of each report under this subsection to:\n (c) the Prime Minister; and\n (d) the Minister.\n (5) For the purposes of this section, public report means a report that is to be published on the Authority’s website.","sortOrder":75},{"sectionNumber":"61","sectionType":"section","heading":"Proceedings in the name of the Authority","content":"#### 61 Proceedings in the name of the Authority\n\n (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.\n (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.","sortOrder":76},{"sectionNumber":"62","sectionType":"section","heading":"Independent review","content":"#### 62 Independent review\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act and the legislative rules.\n (2) The review must be conducted as soon as practicable after the end of 3 years after this section commences.\n (3) The persons who conduct the review must give the Minister a written report of the review.\n (4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.","sortOrder":77},{"sectionNumber":"63","sectionType":"section","heading":"Transitional legislative rules","content":"#### 63 Transitional legislative rules\n\n The legislative rules may prescribe matters of a transitional nature relating to the abolition of the body known as the Independent Parliamentary Expenses Authority that was established as an Executive Agency under section 65 of the Public Service Act 1999.","sortOrder":78},{"sectionNumber":"64","sectionType":"section","heading":"Legislative rules","content":"#### 64 Legislative rules\n\n (1) The Minister may, by legislative instrument, make rules (legislative rules) prescribing matters:\n (a) required or permitted by this Act to be prescribed by the legislative rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) To avoid doubt, the legislative rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":79}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":581},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing an independent body to oversee parliamentary expenses. The detailed provisions for membership composition, functions, and information handling are consistent with creating a robust oversight mechanism."},"complexity_factors":["Multiple overlapping defined terms (MP travel resource, MP work resource, MOPS travel resource) with nested cross-references to other Acts","18 separate functions listed in section 12 with conditional subsections (1A)-(1G) for appointment of representatives","Membership composition rules requiring specific professional backgrounds (former judge, former MP, auditor)","Extensive cross-referencing with Public Governance, Performance and Accountability Act 2013, Public Service Act 1999, and Parliamentary Business Resources Act 2017","Conditional exceptions to compliance duties (section 39(3)) and self-incrimination protections (section 55)","Sensitive information restrictions with multiple triggers (Authority opinion, Attorney-General certificate, safety risk) in section 60"],"plain_english_summary":"This Act creates the **Independent Parliamentary Expenses Authority (IPEA)** — a watchdog body that oversees how federal politicians and their staff spend public money on travel and work-related expenses.\n\n**What it does:**\n- **Monitors and audits** spending by Members of Parliament (MPs), former MPs, and parliamentary staff on travel, vehicles, offices, and other work resources\n- **Gives advice** to MPs and staff about what expenses are allowed\n- **Processes claims** and pays out legitimate expenses on behalf of the Commonwealth\n- **Publishes reports** on spending (with sensitive information removed)\n- **Recovers overpayments** when people claim too much\n\n**Who it covers:**\n- Current and former federal MPs (including Senators and Ministers)\n- Staff employed under the Members of Parliament (Staff) Act 1984 (called \"MOPS staff\")\n\n**How it's run:**\n- A **Chair** plus 2-4 other members make up the governing board, including the President of the Remuneration Tribunal (who sets pay for public officials)\n- Members must include a former judge, a former MP, and someone with auditing experience\n- A **CEO** handles day-to-day operations\n- Staff are public servants\n\n**Key powers:**\n- Can demand documents and information from people for audits (with penalties for non-compliance)\n- Can keep documents and make certified copies\n- Cannot be forced to reveal sensitive information that could harm national security or personal safety\n\n**Why it matters:**\nThis body was created to restore public trust after parliamentary expense scandals. It provides independent oversight of politicians' spending — processing claims, conducting audits, and publishing transparency reports — while protecting legitimate privacy and security concerns."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"4 (definition of 'incidentals') and 5(1)(e) read together","severity":"low","reasoning":"The definition of 'incidentals' in s.4 imports transport costs into s.5(1)(e), which already separately lists fares and local transport. This creates a definitional loop where transport is counted multiple times under different heads, making it impossible to determine the precise scope of 'incidentals' beyond transport, and whether it duplicates or supplements the other listed items.","confidence":0.72,"description":"Circular and self-referential definition: 'incidentals' is defined in s.4 to 'include the cost of transport', while s.5(1) defines expenses in connection with travel to include 'the cost of incidentals' (s.5(1)(e)) AND separately 'the cost of fares' (s.5(1)(a)) and 'the cost of taxis or other local transport' (s.5(1)(aa)). Transport costs are thus captured both directly (paragraphs (a) and (aa)) and indirectly via 'incidentals' (paragraph (e)), creating redundant and potentially overlapping coverage with no limiting principle on what else 'incidentals' might swallow."},{"type":"other","section":"11(1) Note 1 and 14","severity":"low","reasoning":"Granting Crown immunities to an entity that is explicitly stated to be legally indistinguishable from the Crown is logically superfluous. While this is a common drafting convention for listed entities under the PGPA Act, it creates a conceptual absurdity: the provision presupposes a separation that the Act itself denies.","confidence":0.65,"description":"The Authority is said to have no legal identity separate from the Commonwealth (s.11 Note 1), yet s.14 grants it 'the privileges and immunities of the Crown in right of the Commonwealth'. If the Authority has no separate legal personality, it IS the Crown, and conferring Crown immunities on it is a redundant tautology — the Crown cannot hold the Crown's own immunities against itself."},{"type":"impossible_compliance","section":"16(2), 16(3), 16(4) and 16(5)","severity":"medium","reasoning":"Section 15 requires at minimum: Chair + President of Remuneration Tribunal + 2 other members = 4 members total, with 3 appointed (Chair + 2 others). But s.16(2), (3) and (4) require THREE distinct appointed members with specified qualifications. Three mandatory qualified slots cannot be filled by three appointed members unless each of the Chair and the two minimum 'other members' each satisfies a different mandatory qualification — leaving no room for any of them to be chosen primarily for leadership suitability as Chair. This is tight but technically possible; however the Act provides no mechanism to resolve conflicts where a single person could satisfy multiple criteria.","confidence":0.6,"description":"The mandatory qualification requirements for appointed members (former judicial officer, former MP, auditing expert, and optionally a public administration/governance expert) are structurally impossible to satisfy simultaneously when the Authority has only 4 appointed members (the minimum of 3 non-Chair appointed members plus the Chair). Section 16(2), (3) and (4) mandate three distinct appointed members with three mutually exclusive qualification profiles, leaving only one remaining appointed slot (the Chair) unconstrained by qualification. However, s.16(1) says the Chair is also an appointed member, so the Chair position could satisfy one of the three mandatory qualification slots — but if the Chair satisfies one, there is no spare slot for the Chair to be a generalist leader. With 3 minimum 'other members', all three must precisely match the three qualification requirements, leaving zero flexibility."},{"type":"other","section":"28 and 29(1)","severity":"low","reasoning":"With a 2-member quorum and majority voting, a 1-1 tie is mathematically possible (neither has a majority), triggering the casting vote. However the casting vote is held by 'the person presiding' who already has a deliberative vote, meaning the presiding member effectively has two votes in a tied 2-person meeting. This is not impossible but creates an odd power asymmetry at minimum quorum.","confidence":0.7,"description":"A quorum of 2 members is sufficient under s.28 to conduct a meeting, but under s.29(1) a question is resolved by 'a majority of the votes of the members present and voting'. With a quorum of exactly 2 members both voting, a majority requires at least 2 votes (i.e., unanimity), making the casting vote in s.29(2) entirely redundant in the minimum-quorum scenario — there can be no tied vote if unanimity is required for a majority. The casting vote only becomes meaningful with 3+ members present, but is not limited to that scenario."},{"type":"self_contradicting","section":"39(1) and 39(3)(a)","severity":"medium","reasoning":"The exception in s.39(3)(a) is broad enough to swallow the rule in s.39(1)-(2). Any direction about how the CEO should assist the Authority will in some sense involve resource allocation decisions. The Act provides no mechanism to distinguish directions about 'what to do' (covered by s.39(1)) from directions about 'how to allocate resources' (excluded by s.39(3)(a)), creating a self-defeating compliance regime.","confidence":0.75,"description":"The Authority may give the CEO directions about 'assisting the Authority' (s.39(1)), but the CEO is not required to comply if 'the direction deals with the allocation of resources for the performance of the Authority's functions' (s.39(3)(a)). Since assisting the Authority necessarily involves allocating staff time and resources, virtually every direction about how to assist the Authority could be characterised as dealing with resource allocation, potentially nullifying the direction power entirely."},{"type":"self_contradicting","section":"53(4) and 55","severity":"medium","reasoning":"The information-gathering regime in Part 5 is structurally undermined by the self-incrimination excuse: the persons whose conduct is most likely to be the subject of an audit or report (and thus most likely to hold relevant information) are exactly the persons most likely to have a self-incrimination claim. Unlike the equivalent provisions in many other Commonwealth Acts, there is no use-immunity trade-off requiring compelled production in exchange for immunity from prosecution, leaving the regime toothless against non-cooperative subjects.","confidence":0.78,"description":"Section 53(4) creates an offence for non-compliance with an information notice, but s.55 provides a complete excuse if compliance might tend to incriminate the person. The Act provides no mechanism for determining in advance whether the self-incrimination excuse applies, meaning a person who refuses to comply and claims the s.55 excuse cannot be prosecuted under s.53(4) — but also faces no process to have the excuse tested before prosecution. This renders the compliance obligation largely unenforceable against the persons most likely to hold incriminating information."},{"type":"self_contradicting","section":"60(2) and 58(1)","severity":"medium","reasoning":"Parliamentary privilege can compel the production of documents and information by executive agencies. Section 60(2)'s absolute prohibition on disclosure to Parliament conflicts with the constitutional and statutory position of parliamentary privilege. Section 58(1) acknowledges the priority of parliamentary privilege laws but only in the context of information-gathering powers (Part 5), not the prohibition in s.60(2) (Part 6), leaving an unresolved tension.","confidence":0.68,"description":"Section 60(2) prohibits the Authority from disclosing sensitive information to Houses of Parliament or their members or committees. Section 58(1) provides that the information-gathering powers in Part 5 are 'limited by laws of the Commonwealth relating to the powers, privileges and immunities' of Parliament and its members. These two provisions potentially conflict: parliamentary privilege may compel disclosure to Parliament that s.60(2) prohibits, but s.58(1) says parliamentary privilege laws limit the Authority's powers — yet s.60(2) frames the prohibition as absolute ('cannot be required, and is not permitted'). The Act does not resolve which prevails."},{"type":"other","section":"4 (definition of 'MP work resource') paragraph (a) and (bb)","severity":"low","reasoning":"The overlap between MP travel resource paragraph (c) and MP work resource paragraph (bb) — both referencing section 15 of the Parliamentary Business Resources Act 2017 — means section 15 amounts for former members are counted twice within 'MP work resource'. While this may be deliberately belt-and-suspenders drafting, it creates ambiguity about whether paragraph (bb) was intended to capture section 15 amounts for current members (not covered by MP travel resource paragraph (c)) or whether it is simply redundant.","confidence":0.65,"description":"The definition of 'MP work resource' includes 'MP travel resource' at paragraph (a), and separately at paragraph (bb) includes 'an allowance or expense that is payable under section 15' of the Parliamentary Business Resources Act 2017. However, 'MP travel resource' at paragraph (c) of that definition already includes 'an allowance or expense in connection with the travel of a former member of parliament that is payable under section 15' of the same Act. This means section 15 allowances/expenses for former members are captured by BOTH the definition of 'MP travel resource' (and thus MP work resource via paragraph (a)) AND directly by paragraph (bb) of 'MP work resource', creating double-counting."}],"contradictions":[{"severity":"low","section_a":"Section 16(6) — members hold office on part-time basis","section_b":"Section 40(3) — CEO holds office on full-time basis","confidence":0.55,"description":"No contradiction per se, but the structural relationship creates an anomaly: the CEO (full-time, s.40(3)) is the accountable authority under PGPA (s.11(2)(b)) and manages the administration (s.37(a)), while the Authority members (part-time, s.16(6)) are the body the CEO serves. The CEO cannot be directed by part-time members on resource allocation (s.39(3)(a)), yet those part-time members are responsible for the efficient performance of functions (s.26(1)). This is not a direct textual contradiction but an operational incoherence."},{"severity":"medium","section_a":"Section 11(2)(b) — CEO is the accountable authority of the Authority","section_b":"Section 39(1)-(2) — Authority may direct the CEO and CEO must comply","confidence":0.72,"description":"Under the PGPA Act, the 'accountable authority' bears ultimate responsibility for the entity's financial and governance performance. Section 11(2)(b) makes the CEO the accountable authority. Yet ss.39(1)-(2) subordinate the CEO to directions from the Authority's members (who are part-time and not accountable authorities). This creates a tension between the CEO's statutory accountability under PGPA (which cannot be delegated away) and the direction-compliance obligation — a tension partially but incompletely addressed by s.39(3)(b)."},{"severity":"low","section_a":"Section 12(1)(a)(i) — Authority gives personal advice to members and former members about MP travel resources AND MOPS travel resources","section_b":"Section 3 (Simplified outline) and Section 10 (Simplified outline of Part 2) — functions described as advice 'about travel resources' only","confidence":0.58,"description":"The simplified outlines in ss.3 and 10 describe the Authority's advice function as relating to 'travel resources', while s.12(1)(a)(i) extends advice to former members about both MP travel resources and MOPS travel resources. However, former members of parliament are not MOPS staff members and would have no entitlement to MOPS travel resources, making the reference to giving former members advice about MOPS travel resources conceptually peculiar — though the simplified outline's omission of this nuance is a lesser drafting inconsistency."},{"severity":"medium","section_a":"Section 16(7) — Authority's functions not affected by non-compliant membership for up to 3 months","section_b":"Section 28 — quorum of 2 members","confidence":0.7,"description":"Section 16(7) permits the Authority to function for up to 3 months without the mandatory qualification requirements in ss.16(2)-(4) being met. However, if vacancies reduce membership below the quorum of 2 (s.28), the Authority cannot meet at all. Section 16(7) provides no floor preventing membership from falling below quorum level, and s.6 (which deems there to be 4 offices in addition to the Chair) does not ensure those offices are filled. The Act contains no mechanism to compel urgent appointment to restore quorum."},{"severity":"medium","section_a":"Section 60(1) — Authority must not include sensitive information in public reports","section_b":"Section 12(2) — reports under paragraphs (1)(e) to (h) may include personal information","confidence":0.75,"description":"Section 12(2) authorises inclusion of personal information in reports (including those to be published), while s.60(1)(c) prohibits inclusion of information whose disclosure would likely result in serious harm or put at risk the safety of the individual. Personal information about a person's travel (e.g., location, itinerary) could readily satisfy s.60(1)(c)'s safety risk threshold, creating a conflict between the express authorisation in s.12(2) and the prohibition in s.60(1). The Note to s.12(2) cross-references s.60 but does not resolve which provision prevails — though on ordinary statutory interpretation s.60(1) as a specific prohibition would override the general permission."},{"severity":"low","section_a":"Section 33 — Authority must give information to Secretary","section_b":"Section 34 — Secretary must give information to Authority","confidence":0.5,"description":"Both ss.33 and 34 create mutual mandatory information-sharing obligations between the Authority and the Secretary. Section 33 is triggered by what the Secretary 'reasonably requires', and s.34 by what the Authority 'reasonably requires'. If both simultaneously assert that they reasonably require information held by the other, both obligations are triggered concurrently with no priority rule, no dispute resolution mechanism, and no time limit for compliance. While not a direct textual contradiction, the symmetry creates a potential deadlock with no resolution mechanism in the Act."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original scope was focused on travel expenses and travel allowances for politicians and parliamentary staff. Through amendments, the scope expanded to include broader 'MP work resources' such as home internet and telephone allowances (paragraph 14(4)(c) of the Parliamentary Business Resources Act 2017), government-provided vehicles, general office goods and services, and public resources under Part 3 of the Parliamentary Business Resources Act 2017. The Act also added proxy appointment mechanisms allowing staff or nominees to seek advice on behalf of politicians, and provisions allowing legislative rules to carve out specific resources from the Authority's functions — a flexibility mechanism not apparent in the original framework."},"complexity_factors":["Multiple layers of defined categories (MP work resources, MP travel resources, MOPS travel resources) with cross-references to other Acts","Heavy reliance on external legislation — the Parliamentary Business Resources Act 2017, Parliamentary Retirement Travel Act 2002, Members of Parliament (Staff) Act 1984, Public Governance Performance and Accountability Act 2013, and Public Service Act 1999 are all incorporated by reference","Nuanced governance structure with different appointment, remuneration and accountability rules for different types of members (Chair, Remuneration Tribunal President, other appointed members) and the CEO","Legislative rules framework allows significant operational detail to be set outside the Act itself, making the full picture harder to assess from the Act alone","Information-sharing obligations between the Authority and the Secretary create interdependencies that require understanding of both roles","Sensitive information protections involve multiple decision-makers (the Authority itself and the Attorney-General) with different triggers","Delegation provisions with limitations create complexity around who actually has authority to act at any given time","The proxy/appointment mechanism allowing staff to seek advice on behalf of MPs adds procedural layers","The document repeats full content multiple times (formatting artifact), which while not legally complex, makes navigation difficult"],"plain_english_summary":"The Act establishes the Independent Parliamentary Expenses Authority (IPEA), an independent body that oversees, audits and administers work‑related expense claims for federal politicians, former officeholders and parliamentary staff. It gives advice, processes and rules on claims, publishes expense reports for public scrutiny, and can recover overpayments and compel documents (with limited privilege protections). The law boosts transparency and accountability over taxpayer‑funded travel and related costs."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Compared with a narrow oversight/advisory body, this Act gives the Authority substantial operational and enforcement powers in addition to monitoring and advice. Key scope expansions include authority to process and pay travel claims and to incur related expenses on behalf of the Commonwealth (s 12(1)(j)–(l)), to recover overpayments (s 12(1)(o)), and to use coercive information‑gathering powers with penalties (s 53). The Act also grants the Authority rule‑making and wide delegation capacity (s 64, s 32) and a formal mechanism to withhold sensitive information from Parliament (s 60). Those provisions move the Authority beyond purely advisory or investigatory duties into day‑to‑day administration and enforcement of MPs' travel and work resource entitlements."},"complexity_factors":["Multiple cross‑references to other statutes (Parliamentary Business Resources Act 2017; Members of Parliament (Staff) Act 1984; Public Governance, Performance and Accountability Act 2013; Remuneration Tribunal Act 1973; Privacy Act 1988; Criminal Code) increasing interpretive dependency","Around a dozen defined terms in s 4 that materially change application (e.g. MP travel resource, MP work resource, MOPS travel resource)","Conditional rule‑making power with explicit carve‑outs (s 64 and s 12(1A)–(1B)) introduces layered exceptions","Information‑gathering regime with procedural constraints and penalties (s 53–57): minimum 14‑day period, 30 penalty units, self‑incrimination protection","Privacy/withholding rules that limit disclosure to Parliament in some circumstances (s 60) — conditional and legally sensitive","Delegation and direction rules (s 32, s 39) creating multiple decision pathways and exceptions","Membership and appointment rules with mandatory composition requirements (former judge, former MP, auditing expertise) and acting appointment rules (s 15–18)","Operational powers to process/pay/recover funds on behalf of the Commonwealth (s 12(1)(j)–(l), (o)) — shifts legal and accounting responsibilities","Overlap between advisory, reporting and administrative functions (s 12(1)(a)–(r)) creating potential role‑boundary ambiguities"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a new body called the Independent Parliamentary Expenses Authority (the Authority) and a full‑time Chief Executive Officer (CEO) to run it (see s 11, s 36–40).\n- Gives the Authority a set of functions covering: advice, monitoring, reporting, audits, processing and paying claims, giving certain rulings, and recovering overpayments for travel and related workplace resources used by current and former federal parliamentarians and certain parliamentary staff (see s 12(1)(a)–(r)).\n- Gives the Authority information‑gathering powers for its reporting and audit work, including written notices requiring documents or information (minimum 14 days for compliance) and a penalty for non‑compliance (see s 53–57).\n- Requires an internal governance structure: a Chair, the President of the Remuneration Tribunal, and 2–3 other appointed members. The Governor‑General (effectively the Commonwealth executive) appoints members; the Minister appoints the CEO (see s 15–18, s 40).\n- Allows the Authority to delegate functions to members, the CEO, staff or persons assisting it (see s 32).\n- Allows publication of advisory documents and reports (which may include personal information), but requires omission of information that would prejudice security, defence or international relations or put individuals at serious risk; the Attorney‑General may certify such omissions and the Authority is prohibited from being required to disclose omitted material to Parliament (see s 12(2), s 60).\n- Enables the Minister to make legislative rules for administration (subject to limits—rules may not create offences or taxes, or confer arrest/search powers, or directly amend the Act) (see s 64).\n- Provides for an independent review of the Act and its rules about three years after commencement (see s 62).\n\nWho is affected and how it matters\n\n- Members of Parliament (current and former) and their staff (MOPS staff) — the Authority advises them about travel and work resources, processes their travel claims, may audit those claims and can recover overpayments (s 12(1)(a), (i)–(j), (o)).\n- Commonwealth agencies, contractors and third parties — the Authority can require them to produce documents or information relevant to audits and reports (s 53). Those parties are entitled to reasonable compensation if they must copy documents (s 54).\n- The Secretary of the relevant Department — required to exchange information with the Authority (s 33–34).\n- The Australian public and Parliament — the Authority will publish reports and guidance (s 12(1)(b), (e)–(h)), but some information can legally be excluded from public reports where security, foreign relations or individual safety is at risk (s 60). Notably, the Authority cannot be compelled to disclose certain withheld information to a House of Parliament, a member or parliamentary committee (s 60(2)).\n\nWhy the Act’s changes matter (policy mechanics and trade‑offs)\n\n- Operational role vs oversight role: the Authority can do more than advise and monitor; it can process and pay claims and recover overpayments on behalf of the Commonwealth (s 12(1)(j)–(l), (o)). That converts it from a passive reviewer into an operational administrator for MPs' travel resources, shifting costs and administrative control from existing agencies to the Authority.\n- Information and compliance burden: audits and notice powers (s 53–57) impose record‑keeping and production obligations on MPs, staff and third parties. Notices carry criminal penalties for non‑compliance (s 53(4)), but self‑incrimination is protected (s 55). The minimum 14‑day compliance period (s 53(3)) sets a tight window for document production in many cases.\n- Privacy and transparency trade‑offs: reports may include personal information (s 12(2)), which raises reputational risk for individuals. The Act also creates a formal path for withholding sensitive information even from Parliament where disclosure would harm security or safety (s 60). That narrows parliamentary access in specified circumstances and centralises sensitive disclosure decisions in the Authority and Attorney‑General.\n- Delegation and centralised discretion: broad delegation (s 32) and rule‑making powers (s 64) give the Authority and the Minister significant administrative discretion to shape its operations, subject to statutory constraints on what rules may not do (s 64(2)). Operational decisions (including payments and recoveries) can therefore be made at an executive level rather than by Parliament.\n- Administrative costs and incentives: the Commonwealth pays for the Authority’s operation and for any travel resources it processes (s 11(2)(d), s 12(1)(k)–(l)). That concentrates administrative benefits (salaries/fees for appointed members, staff, consultants) while the compliance costs of audits and information requests are spread across many individuals and organisations. The Authority’s power to recover overpayments (s 12(1)(o)) creates an enforcement incentive to pursue incorrect claims.\n- Legal boundaries and protections: the Act expressly preserves legal professional privilege (s 58(2)) and limits operation of information‑gathering powers where parliamentary privileges apply (s 58(1)). The CEO must follow directions from the Authority, but not where compliance would conflict with functions under PGPA or the Public Service Act (s 39(2)–(3)), preserving finance‑ and employment‑law constraints.\n\nKey practical points to watch (implementation risk and likely behaviour changes)\n\n- MPs and staff will likely change record‑keeping and claims procedures to meet audit and notice requirements.\n- Agencies that previously handled travel claims may need to coordinate or transfer operational control to the Authority (s 11(2)(c) and s 12(3)).\n- Parliamentary committees may find some information unavailable if the Attorney‑General certifies national security or similar grounds (s 60); that changes oversight dynamics.\n- The Minister’s rule‑making power (s 64) and the Authority’s delegation powers (s 32) mean many important procedural rules will appear in subordinate instruments rather than in the Act; those instruments will shape day‑to‑day practice.\n\n(References in parentheses are to the sections cited above.)"}},"importantCases":[],"_links":{"self":"/api/acts/independent-parliamentary-expenses-authority-act-2017","history":"/api/acts/independent-parliamentary-expenses-authority-act-2017/history","analysis":"/api/acts/independent-parliamentary-expenses-authority-act-2017/analysis","conflicts":"/api/acts/independent-parliamentary-expenses-authority-act-2017/conflicts","importantCases":"/api/acts/independent-parliamentary-expenses-authority-act-2017/important-cases","documents":"/api/acts/independent-parliamentary-expenses-authority-act-2017/documents"}}