{"id":"C2017A00038","name":"Parliamentary Business Resources (Consequential and Transitional Provisions) Act 2017","slug":"parliamentary-business-resources-consequential-and-transitional-provisions-act-2017","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"38 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8579,"registerId":"commonwealth-C2017A00038-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parliamentary Business Resources (Consequential and Transitional Provisions) Act 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nParliamentary Business Resources (Consequential and Transitional Provisions) Act 2017\n\n \n\nNo. 38, 2017\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters in connection with the enactment of the Parliamentary Business Resources Act 2017, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Amendments\n\nPart 1—Amendment of the Independent Parliamentary Expenses Authority Act 2017\n\nIndependent Parliamentary Expenses Authority Act 2017\n\nPart 2—Other amendments\n\nAge Discrimination Act 2004\n\nMinisters of State Act 1952\n\nParliamentary Contributory Superannuation Act 1948\n\nParliamentary Retirement Travel Act 2002\n\nParliamentary Superannuation Act 2004\n\nRemuneration and Allowances Act 1990\n\nRemuneration Tribunal Act 1973\n\nSafety, Rehabilitation and Compensation Act 1988\n\nPart 3—Contingent amendments\n\nFreedom of Information Act 1982\n\nSchedule 2—Repeals\n\nParliamentary Allowances Act 1952\n\nParliamentary Entitlements Act 1990\n\nSchedule 3—Application and transitional provisions\n\n \n\n![](image.001.png)\n\n \n\n \n\nParliamentary Business Resources (Consequential and Transitional Provisions) Act 2017\n\nNo. 38, 2017\n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters in connection with the enactment of the Parliamentary Business Resources Act 2017, and for related purposes\n\n[Assented to 19 May 2017]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Parliamentary Business Resources (Consequential and Transitional Provisions) Act 2017.\n\n2  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 \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 19 May 2017\n- 2. Schedule 1, Part 1 The later of:(a) immediately after the commencement of section 3 of the Independent Parliamentary Expenses Authority Act 2017; and(b) the commencement of section 3 of the Parliamentary Business Resources Act 2017.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 January 2018(paragraph (b) applies)\n- 3. Schedule 1, Part 2 At the same time as section 3 of the Parliamentary Business Resources Act 2017 commences.However, the provisions do not commence at all if that section does not commence. 1 January 2018\n- 4. Schedule 1, Part 3 The later of:(a) immediately after the commencement of Schedule 1 to the Independent Parliamentary Expenses Authority (Consequential Amendments) Act 2017; and(b) the commencement of section 3 of the Parliamentary Business Resources Act 2017.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 January 2018(paragraph (b) applies)\n- 5. Schedules 2 and 3 At the same time as section 3 of the Parliamentary Business Resources Act 2017 commences.However, the provisions do not commence at all if that section does not commence. 1 January 2018\n\n\nNote: 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\n3  Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Amendments\n\nPart 1—Amendment of the Independent Parliamentary Expenses Authority Act 2017\n\nIndependent Parliamentary Expenses Authority Act 2017\n\n1  Section 3\n\nOmit:\n\n• The Authority has functions relating to:\n\n (a) the work expenses, travel expenses and travel allowances of members of parliament; and\n\n (b) certain travel expenses of former members of parliament; and\n\n (c) the travel expenses and travel allowances of persons employed under Part III or IV of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n (a) giving advice about travel expenses and travel allowances; and\n\n (b) monitoring travel expenses and travel allowances; and\n\n (c) preparing regular reports relating to work expenses, travel expenses and travel allowances; and\n\n (d) audits relating to work expenses, travel expenses and travel allowances; and\n\n (e) processing claims relating to travel expenses and travel allowances.\n\nsubstitute:\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 Part III or IV 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\n2  Section 4\n\nBefore “In this Act:”, insert “(1)”.\n\n3  Section 4\n\nRepeal the following definitions:\n\n (a) the definition of designated parliamentary benefit;\n\n (b) the definition of designated parliamentary travel benefit.\n\n4  Section 4 (definition of member of parliament)\n\nRepeal the definition, substitute:\n\nmember of parliament means:\n\n (a) a senator; or\n\n (b) a member of the House of Representatives; or\n\n (c) a Minister of State who is not a senator or member of the House of Representatives; or\n\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\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\n5  Section 4\n\nRepeal the following definitions:\n\n (a) the definition of MOPS travel allowance;\n\n (b) the definition of MOPS travel expenditure matter;\n\n (c) the definition of MOPS travel expense.\n\n6  Section 4\n\nInsert:\n\nMOPS travel resource means:\n\n (a) an expense that is:\n\n (i) incurred in connection with travel by a MOPS staff member at the expense of the Commonwealth; and\n\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act); or\n\n (b) an allowance that is:\n\n (i) payable to a MOPS staff member in connection with travel by the MOPS staff member; and\n\n (ii) authorised by or under, or by an agreement made under, a law of the Commonwealth (other than this Act).\n\n7  Section 4\n\nRepeal the following definitions:\n\n (a) the definition of MP travel allowance;\n\n (b) the definition of MP travel expenditure matter;\n\n (c) the definition of MP travel expense;\n\n (d) the definition of MP travel expenses law.\n\n8  Section 4\n\nInsert:\n\nMP travel resource means:\n\n (a) a travel expense payable under section 30 of the Parliamentary Business Resources Act 2017; or\n\n (b) a travel allowance payable under section 31 of that Act; or\n\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\n (d) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.\n\n9  Section 4\n\nRepeal the following definitions:\n\n (a) the definition of MP work expense;\n\n (b) the definition of MP work expense matter;\n\n (c) the definition of MP work expenses law.\n\n10  Section 4\n\nInsert:\n\nMP work resource means:\n\n (a) MP travel resource; or\n\n (b) an allowance or expense that is payable under section 15 of the Parliamentary Business Resources Act 2017; or\n\n (c) goods, services, premises, equipment or any other facility that is provided under section 16 of that Act; or\n\n (d) a public resource that is provided by the Commonwealth under Part 3 of that Act.\n\n11  Section 4\n\nRepeal the following definitions:\n\n (a) the definition of spouse;\n\n (b) the definition of transition time.\n\n12  At the end of section 4\n\nAdd:\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\n13  Section 5 (heading)\n\nRepeal the heading, substitute:\n\n5  Expenses or allowances in connection with travel\n\n14  Subsection 5(1)\n\nOmit “the following are examples of benefits or expenses in connection with travel”, substitute “expenses or allowances in connection with travel include expenses or allowances that relate to the following costs”.\n\n15  After paragraph 5(1)(a)\n\nInsert:\n\n (aa) the cost of taxis or other local transport in connection with travel;\n\n16  Subsection 5(2)\n\nOmit “The following are examples of benefits or expenses in connection with travel overseas”, substitute “Expenses or allowances in connection with travel overseas include expenses or allowances that relate to the following costs”.\n\n17  Section 10\n\nOmit:\n\n• The Authority has functions relating to:\n\n (a) the work expenses, travel expenses and travel allowances of members of parliament; and\n\n (b) certain travel expenses of former members of parliament; and\n\n (c) the travel expenses and travel allowances of persons employed under Part III or IV of the Members of Parliament (Staff) Act 1984.\n\n• Those functions include:\n\n (a) giving advice about travel expenses and travel allowances; and\n\n (b) monitoring travel expenses and travel allowances; and\n\n (c) preparing regular reports relating to work expenses, travel expenses and travel allowances; and\n\n (d) audits relating to work expenses, travel expenses and travel allowances; and\n\n (e) processing claims relating to travel expenses and travel allowances.\n\nsubstitute:\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 Part III or IV 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\n18  Section 12\n\nRepeal the section, substitute:\n\n12  Functions of the Authority\n\n (1) The Authority has the following functions:\n\n (a) to give personal advice:\n\n (i) to members and former members of parliament about matters relating to MP travel resources; and\n\n (ii) to MOPS staff members about matters relating to MOPS travel resources;\n\n (b) to issue general advisory documents about matters relating to:\n\n (i) MP travel resources; and\n\n (ii) MOPS travel resources;\n\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\n (d) to monitor matters relating to:\n\n (i) MP travel resources; and\n\n (ii) MOPS travel resources;\n\n (e) to prepare regular reports about matters relating to:\n\n (i) MP work resources; and\n\n (ii) MOPS travel resources;\n\n (f) to publish reports prepared under paragraph (e) on the Authority’s website;\n\n (g) to prepare other such reports as the Authority considers appropriate about matters relating to:\n\n (i) MP work resources; and\n\n (ii) MOPS travel resources;\n\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\n (i) to conduct, or arrange for the conduct of, such audits as the Authority considers appropriate of matters relating to:\n\n (i) MP work resources; and\n\n (ii) MOPS travel resources;\n\n (j) to process claims, on behalf of the Commonwealth, for:\n\n (i) MP travel resources; and\n\n (ii) MOPS travel resources;\n\n (k) on behalf of the Commonwealth, to incur expenses relating to, to pay or to provide MP travel resources;\n\n (l) on behalf of the Commonwealth, to incur expenses relating to MOPS travel resources;\n\n (m) to give rulings relating to MP travel resources under section 37 of the Parliamentary Business Resources Act 2017;\n\n (n) if a law of the Commonwealth authorises the Authority to give rulings relating to MOPS travel resources—to give those rulings;\n\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\n (i) MP travel resources; and\n\n (ii) MOPS travel resources;\n\n (p) such functions (if any) as are conferred on the Authority by any other law of the Commonwealth;\n\n (q) such other functions (if any) as are prescribed by the legislative rules;\n\n (r) to do anything incidental to or conducive to the performance of any of the above functions.\n\nReports may include personal information\n\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\nNote: Each of those paragraphs constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\nCertain agency functions are not exclusive\n\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\nFunctions cover claims\n\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\n19  Paragraphs 33(1)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) matters relating to MP work resources; or\n\n (b) matters relating to MOPS travel resources.\n\n20  Subsection 53(1)\n\nOmit “paragraph 12(1)(d), (e), (f), (s), (t) or (u)”, substitute “any of paragraphs 12(1)(e) to (i)”.\n\n21  Section 63\n\nRepeal the section, substitute:\n\n63  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\nPart 2—Other amendments\n\nAge Discrimination Act 2004\n\n22  Schedule 1 (table item 38)\n\nOmit “Parliamentary Entitlements Act 1990”, substitute “Parliamentary Business Resources Act 2017”.\n\nMinisters of State Act 1952\n\n23  Title\n\nOmit “and to make provision for their Salaries and Allowances”.\n\n24  At the end of section 4\n\nAdd:\n\nNote: For the annual limit on the sum payable for the salaries of Ministers of State, see section 55 of the Parliamentary Business Resources Act 2017.\n\n25  Sections 5 and 6\n\nRepeal the sections.\n\nParliamentary Contributory Superannuation Act 1948\n\n26  Subsection 4(1) (definition of allowance by way of salary)\n\nRepeal the definition, substitute:\n\nallowance by way of salary means office holder’s salary (within the meaning of the Parliamentary Business Resources Act 2017), excluding any portion determined under paragraph 45(3)(b) of that Act as not being allowance by way of salary for the purposes of this Act.\n\n27  Subsection 4(1) (definition of office holder)\n\nRepeal the definition, substitute:\n\noffice holder means an office holder (within the meaning of the Parliamentary Business Resources Act 2017) to whom a parliamentary allowance is payable.\n\n28  Subsection 4(1) (paragraph (b) of the definition of parliamentary allowance)\n\nAfter “Parliamentary Allowances Act 1952”, insert “, as in force at any time before the commencement of the Parliamentary Business Resources Act 2017”.\n\n29  Subsection 4(1) (paragraph (d) of the definition of parliamentary allowance)\n\nRepeal the paragraph, substitute:\n\n (d) parliamentary base salary (within the meaning of the Remuneration Tribunal Act 1973, as in force at any time before the commencement of the Parliamentary Business Resources Act 2017), excluding any portion determined in a determination that is in force under subsection 7(1A) of the Remuneration Tribunal Act 1973 at any time before that commencement; or\n\n (e) base salary (within the meaning of the Parliamentary Business Resources Act 2017), excluding any portion determined under paragraph 45(3)(a) of that Act as not being parliamentary allowance for the purposes of this Act.\n\n30  Subsection 4(1) (definition of salary)\n\nRepeal the definition, substitute:\n\nsalary, in relation to a Minister of State, means Ministerial salary (within the meaning of the Parliamentary Business Resources Act 2017), excluding any portion determined under subsection 45(5) of that Act as not being salary for the purposes of this Act.\n\n31  Paragraph 4(5)(c)\n\nAfter “Parliamentary Allowances Act 1952”, insert “, as in force at any time before the commencement of the Parliamentary Business Resources Act 2017”.\n\n32  At the end of subsection 4(5)\n\nAdd:\n\n ; or (d) section 49 of the Parliamentary Business Resources Act 2017.\n\n33  Subsection 18(12)\n\nOmit “Part 1 of Schedule 3 to the Remuneration and Allowances Act 1990”, substitute “Division 3 of Part 2 of the Parliamentary Business Resources Act 2017”.\n\n34  Subsection 21B(1) (paragraph (b) of the definition of remuneration)\n\nRepeal the paragraph, substitute:\n\n (b) any remuneration payable under section 14 of the Parliamentary Business Resources Act 2017.\n\n35  Subsections 21B(3B) and 22T(1A)\n\nOmit “Part 1 of Schedule 3 to the Remuneration and Allowances Act 1990”, substitute “Division 3 of Part 2 of the Parliamentary Business Resources Act 2017”.\n\n36  Paragraph 22T(5)(a)\n\nOmit “subsection 7(1A) or (1B) of the Remuneration Tribunal Act 1973”, substitute “paragraph 45(3)(a) or (b) of the Parliamentary Business Resources Act 2017”.\n\n37  Paragraph 22T(5)(b)\n\nOmit “subsection 7(1)”, substitute “subsection 45(1)”.\n\n38  Paragraph 22T(6)(a)\n\nOmit “subsection 7(2A) of the Remuneration Tribunal Act 1973”, substitute “subsection 45(5) of the Parliamentary Business Resources Act 2017”.\n\n39  Subclause 4(3) of Schedule 1\n\nOmit “Part 1 of Schedule 3 to the Remuneration and Allowances Act 1990”, substitute “Division 3 of Part 2 of the Parliamentary Business Resources Act 2017”.\n\nParliamentary Retirement Travel Act 2002\n\n40  Section 4\n\nInsert:\n\nRemuneration Tribunal Minister means the Minister who administers the Remuneration Tribunal Act 1973.\n\n41  Section 26\n\nOmit “determined from time to time by the Remuneration Tribunal”, substitute “prescribed under section 30 of the Parliamentary Business Resources Act 2017”.\n\n42  Before subsection 30(1)\n\nInsert:\n\n (1A) The Remuneration Tribunal may make a determination for the purposes of this Act.\n\n43  Subsections 30(1) and (2)\n\nAfter “Remuneration Tribunal”, insert “under subsection (1A)”.\n\n44  Subsection 30(3)\n\nAfter “determination”, insert “under subsection (1A)”.\n\n45  Subsection 30(4)\n\nRepeal the subsection.\n\n46  Paragraph 30(5)(b)\n\nAfter “section”, insert “and whether made under subsection (1A) or any other Act”.\n\n47  After section 30\n\nInsert:\n\n30AA  Requirements for determinations\n\n (1) A determination of the Remuneration Tribunal under section 30 must be in writing.\n\nCommencement of the determination\n\n (2) The determination comes into operation on:\n\n (a) the day specified in the determination; or\n\n (b) the day an event specified in the determination occurs or occurred.\n\nDealing with the determination once made\n\n (3) The Tribunal must give the Remuneration Tribunal Minister a copy of the determination.\n\n (4) The Tribunal must ensure that its reasons for making the determination are published on its website and notified to the Remuneration Tribunal Minister.\n\nLegislative instrument\n\n (5) The determination is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.\n\nParliamentary Superannuation Act 2004\n\n48  Section 3 (definition of allowance by way of salary)\n\nRepeal the definition, substitute:\n\nallowance by way of salary means office holder’s salary (within the meaning of the Parliamentary Business Resources Act 2017).\n\n49  Section 3 (definition of office holder)\n\nRepeal the definition, substitute:\n\noffice holder means an office holder (within the meaning of the Parliamentary Business Resources Act 2017) to whom a parliamentary allowance is payable.\n\n50  Section 3 (paragraph (b) of the definition of parliamentary allowance)\n\nAfter “Remuneration Tribunal Act 1973”, insert “, as in force before the commencement of the Parliamentary Business Resources Act 2017”.\n\n51  Section 3 (at the end of the definition of parliamentary allowance)\n\nAdd:\n\n ; or (c) base salary (within the meaning of the Parliamentary Business Resources Act 2017).\n\n52  Section 3 (definition of salary)\n\nRepeal the definition, substitute:\n\nsalary, in relation to a Minister of State, means Ministerial salary (within the meaning of the Parliamentary Business Resources Act 2017).\n\n53  Subsection 8(3)\n\nOmit “Part 1 of Schedule 3 to the Remuneration and Allowances Act 1990”, substitute “Division 3 of Part 2 of the Parliamentary Business Resources Act 2017”.\n\nRemuneration and Allowances Act 1990\n\n54  Subsection 3(5)\n\nRepeal the subsection.\n\n55  Sections 6 and 7\n\nRepeal the sections.\n\n56  Schedules 3 and 4\n\nRepeal the Schedules.\n\nRemuneration Tribunal Act 1973\n\n57  Subsection 3(1) (definition of additional Parliamentary office holder salary)\n\nRepeal the definition.\n\n58  Subsection 3(1) (definition of parliamentary base salary)\n\nRepeal the definition.\n\n59  After subsection 5(2D)\n\nInsert:\n\n (2E) The Parliamentary Business Resources Act 2017 may confer additional functions on the Tribunal.\n\n60  Section 6 (heading)\n\nRepeal the heading, substitute:\n\n6  Inquiries and reports by the Tribunal into the salaries of officers of higher education institutions\n\n61  Subsection 6(1)\n\nRepeal the subsection.\n\n62  Subsection 6(3)\n\nOmit “(1) or”.\n\n63  Subsections 7(1) to (2A)\n\nRepeal the subsections.\n\n64  Subsection 7(4)\n\nOmit “(1), (2),”.\n\n65  Subsection 7(5G)\n\nRepeal the subsection.\n\n66  Subsection 7(7)\n\nOmit “that is referred to in subsection (8AA) or”.\n\n67  Subsection 7(8AA)\n\nRepeal the subsection.\n\n68  Section 7A\n\nRepeal the section.\n\n69  Paragraph 8(1)(a)\n\nOmit “subsections 6(1) and (2A)”, substitute “subsection 6(2A)”.\n\n70  Paragraph 8(1)(b)\n\nOmit “subsections 7(1), (2) and (3)”, substitute “subsection 7(3)”.\n\nSafety, Rehabilitation and Compensation Act 1988\n\n71  Section 69 (note)\n\nOmit “Parliamentary Entitlements Act 1990”, substitute “Parliamentary Business Resources Act 2017”.\n\n72  Subsections 73(1) and 73A(1)\n\nOmit “Parliamentary Entitlements Act 1990”, substitute “Parliamentary Business Resources Act 2017”.\n\n73  Subparagraph 91(3)(a)(vi)\n\nOmit “Parliamentary Entitlements Act 1990”, substitute “Parliamentary Business Resources Act 2017”.\n\nPart 3—Contingent amendments\n\nFreedom of Information Act 1982\n\n74  Division 1 of Part II of Schedule 2 (item dealing with Independent Parliamentary Expenses Authority)\n\nOmit “or (p)” (wherever occurring).\n\nSchedule 2—Repeals\n\n \n\nParliamentary Allowances Act 1952\n\n1  The whole of the Act\n\nRepeal the Act.\n\nParliamentary Entitlements Act 1990\n\n2  The whole of the Act\n\nRepeal the Act.\n\nSchedule 3—Application and transitional provisions\n\n \n\n1  Interpretation\n\n(1) In this Schedule, PBR Act means the Parliamentary Business Resources Act 2017.\n\n(2) An expression that is defined in the PBR Act has the same meaning in this Schedule as it has in that Act.\n\n2   Application of Part 2 of the Parliamentary Business Resources Act 2017 (remuneration etc.)\n\nDivision 2 of Part 2 of the PBR Act (remuneration etc.)\n\n(1) Division 2 of Part 2 of the PBR Act applies in relation to:\n\n (a) remuneration that is payable or to be provided in relation to the day this item commences and later days; and\n\n (b) expenses and allowances that are payable under section 15 of that Act in relation to the day this item commences and later days; and\n\n (c) goods, services, premises, equipment and any other facility to be provided under section 16 of that Act in relation to the day this item commences and later days.\n\nDivision 3 of Part 2 of the PBR Act (salary sacrifice)\n\n(2) Section 21 of the PBR Act applies in relation to calendar months that commence at or after the commencement of this item.\n\n(3) An election described in clause 1D of Schedule 3 to the Remuneration and Allowances Act 1990 that is in force immediately before the commencement of this item is taken, after that commencement, to be an election described in section 18 of the PBR Act.\n\n(4) The repeal of clause 1G of Schedule 3 to the Remuneration and Allowances Act 1990 made by Schedule 1 to this Act applies in relation to calendar months that commence at or after the commencement of this item.\n\n3  Application of other Parts of the Parliamentary Business Resources Act 2017\n\nDivisions 2 and 3 of Part 3 of the PBR Act (work expenses, allowances and other public resources)\n\n(1) Divisions 2 and 3 of Part 3 of the PBR Act apply in relation to claims made, and expenses incurred, after the commencement of this item in relation to parliamentary business conducted after that commencement.\n\nDivision 3 of Part 4 of the PBR Act (public resources penalty scheme)\n\n(2) Division 3 of Part 4 of the PBR Act applies in relation to public resources provided after the commencement of this item.\n\nSection 55 of the PBR Act (annual limit on Ministerial salaries)\n\n(3) Section 55 of the PBR Act applies in relation to financial years that end after the commencement of this item.\n\n4  Continuation of Parliamentary injury compensation scheme\n\nNew injuries, diseases, aggravations, losses or damage\n\n(1) An instrument that is in force under section 9A of the Parliamentary Entitlements Act 1990 immediately before the commencement of this item is taken, after that commencement, to have been made under section 41 of the PBR Act.\n\n(2) That instrument applies, in accordance with subitem (3) and any regulations made for the purposes of subitem (5), in relation to:\n\n (a) injuries that occur, and diseases that are suffered, after the commencement of this item in connection with an activity occurring:\n\n (i) after that commencement; or\n\n (ii) both before, and on or after, that commencement (whether the activity spans the commencement or occurs during separate periods before and on or after that date); and\n\n (b) deaths that result from such injuries and diseases; and\n\n (c) aggravations of such injuries and diseases; and\n\n (d) loss of, or damage to property, that occurred after the commencement of this item.\n\n(3) That instrument applies as if a reference to the expression in column 1 of an item of the following table included a reference to the expression in column 2 of that item.\n\n \n\n- Translating references in the Parliamentary injury compensation scheme instrument\n- Item Column 1 Column 2\n- 1 member within the meaning of the Parliamentary Entitlements Act 1990 member within the meaning of the PBR Act\n- 2 Parliamentary activities parliamentary business\n- 3 Parliamentary allowance base salary, office holder’s salary or Ministerial salary within the meaning of the PBR Act\n- 4 parliamentary base salary within the meaning of Part II of the Remuneration Tribunal Act 1973 base salary within the meaning of the PBR Act\n- 5 additional Parliamentary office holder salary within the meaning of Part II of the Remuneration Tribunal Act 1973 office holder’s salary within the meaning of the PBR Act\n\n\nOld injuries, diseases, aggravations, losses or damage\n\n(4) Despite the repeal of section 9A of the Parliamentary Entitlements Act 1990 by Schedule 2 to this Act, the instrument made under that section, as in force immediately before that repeal, continues to apply, in accordance with any regulations made for the purposes of subitem (5), in relation to:\n\n (a) injuries that occurred, and diseases that were suffered, in connection with an activity (except an activity covered by subparagraph (2)(a)(ii)) occurring before that commencement, whether those injuries or diseases occur before or after the commencement of this item; and\n\n (b) deaths that result from such injuries and diseases, whether those deaths occur before or after that commencement; and\n\n (c) aggravations of such injuries and diseases, whether those aggravations occur before or after that commencement; and\n\n (d) loss of, or damage to property, that occurred before the commencement of this item.\n\nModifications power\n\n(5) The regulations may provide that the Parliamentary injury compensation scheme, as it applies under subitem (2) or (4), has effect with any modifications prescribed by the regulations.\n\nNote: The regulations may also modify the effect of this item during the first 12 months after it commences (see item 11).\n\n(6) Subitem (5) does not limit the regulations that may be made in relation to the Parliamentary injury compensation scheme under item 11.\n\n(7) To avoid doubt, this item does not prevent an instrument being made under section 41 of the PBR Act.\n\n(8) Subsection 12(2) of the Legislation Act 2003 does not apply to the first instrument made under section 41 of the PBR Act after the commencement of this item.\n\nNote: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments.\n\n5  Approvals in force\n\nIf:\n\n (a) immediately before the commencement of this item, an approval is in force in relation to an allowance or benefit under the Parliamentary Allowances Act 1952 or the Parliamentary Entitlements Act 1990 that is payable to a member or former member; and\n\n (b) after that commencement, the Commonwealth is liable under the PBR Act to provide public resources, or resources under Part 5, equivalent to the allowance or benefit to the member or former member;\n\nthe approval is taken, after that commencement, to have been given in relation to the provision of those resources to the member or former member.\n\n6  Application of the repeal of the Parliamentary Allowances Act 1952 and the Parliamentary Entitlements Act 1990\n\n(1) This item applies in relation to the repeal of the following provisions:\n\n (a) the Parliamentary Allowances Act 1952;\n\n (b) the Parliamentary Entitlements Act 1990, except section 9A of that Act;\n\n (c) any instruments made under those Acts, except the Parliamentary injury compensation scheme made under section 9A of the Parliamentary Entitlements Act 1990;\n\nas in force immediately before the commencement of this item.\n\n(2) Despite those repeals, those provisions continue to apply in relation to:\n\n (a) allowances and benefits to which a person became entitled under those provisions before the commencement of this item; and\n\n (b) allowances and benefits to which a person becomes entitled under those provisions, after the commencement of this item, in relation to activities conducted before that commencement;\n\nincluding allowances and benefits payable to a person as a result of section 10A of the Parliamentary Entitlements Act 1990.\n\nNote: Subitem (2) covers remuneration in relation to days before the commencement of this item.\n\n(3) For the purposes of subitem (2), a person is taken to have become entitled to a benefit before the commencement of this item if:\n\n (a) the benefit relates to a return journey of travel; and\n\n (b) the journey began before that commencement.\n\n7  Application of amendments of the Independent Parliamentary Expenses Authority Act 2017\n\n(1) Despite the repeal of section 12 and subsections 63(1) to (7) of the Independent Parliamentary Expenses Authority Act 2017 by Schedule 1 to this Act, those provisions, as in force immediately before the commencement of Part 1 of Schedule 1 to this Act, continue to apply after that commencement in relation to matters that occurred before that commencement (including in relation to matters that occurred before the commencement of section 3 of the Independent Parliamentary Expenses Authority Act 2017).\n\n(2) Rules that are in force under subsection 63(8) of the Independent Parliamentary Expenses Authority Act 2017 immediately before the commencement of Part 1 of Schedule 1 to this Act are taken, after that commencement, to be in force under section 63 of that Act (as amended by Schedule 1 to this Act).\n\n(3) Despite the repeal of paragraphs 33(1)(a) and (b) of the Independent Parliamentary Expenses Authority Act 2017 by Schedule 1 to this Act, those paragraphs continue to apply in relation to information or documents that are required before or after the commencement of Part 1 of Schedule 1 to this Act relating to MP work expense matters or MOPS travel expenditure matters.\n\n(4) Despite the amendment of subsection 53(1) of the Independent Parliamentary Expenses Authority Act 2017 made by Schedule 1 to this Act, that subsection, as in force immediately before the commencement of Part 1 of Schedule 1 to this Act, continues to apply in relation to notices given before or after the commencement of this item relating to MP work expense matters and MOPS travel expenditure matters.\n\n8  Application of amendments of the Age Discrimination Act 2004\n\n(1) The amendments of the Age Discrimination Act 2004 made by Schedule 1 to this Act apply in relation to things done by a person after the commencement of this item.\n\n(2) Despite those amendments, that Act, as in force immediately before the commencement of this item, continues to apply in relation to things done after that commencement under the Parliamentary injury compensation scheme (within the meaning of the Parliamentary Entitlements Act 1990), as that scheme continues to apply as a result of this Schedule.\n\n9  Application of amendments of the Parliamentary Contributory Superannuation Act 1948 and the Parliamentary Superannuation Act 2004\n\nThe amendments of the Parliamentary Contributory Superannuation Act 1948 and the Parliamentary Superannuation Act 2004 made by Schedule 1 to this Act apply in relation to calendar months that commence at or after the commencement of this item.\n\n10  Application of amendments of the Safety, Rehabilitation and Compensation Act 1988\n\n(1) The amendments of section 91 of the Safety, Rehabilitation and Compensation Act 1988 made by Schedule 1 to this Act apply in relation to expenses, charges, obligations and liabilities incurred or undertaken by Comcare under the PBR Act after this item commences.\n\n(2) Despite those amendments, that section, as in force immediately before the commencement of this item, continues to apply in relation to expenses, charges, obligations and liabilities incurred or undertaken by Comcare, after the commencement of this item, under the Parliamentary Entitlements Act 1990 (as it continues to apply as a result of this Schedule).\n\n11  Transitional regulations\n\n(1) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the amendments or repeals made by this Act; or\n\n (b) the enactment of this Act or the PBR Act.\n\n(2) Regulations made for the purposes of this item may provide that, during or in relation to the first 12 months after the commencement of this item, this Act has effect with any modifications prescribed by the regulations.\n\n(3) Subsection 12(2) of the Legislation Act 2003 does not apply to regulations made for the purposes of subitem (2).\n\nNote: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments.\n\n(4) This Act does not limit the regulations that may be made for the purposes of subitem (1).\n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 30 March 2017\n\nSenate on 11 May 2017]\n\n(77/17)\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the transition from the old parliamentary entitlements system to the new Parliamentary Business Resources Act framework. While it touches many statutes, it does so only to update references and ensure continuity. The scope has not expanded beyond consequential and transitional matters connected to the primary Act."},"complexity_factors":["Extensive cross-referencing: The Act amends 9 separate Acts and repeals 2 others, requiring readers to track changes across multiple statutes simultaneously.","Layered commencement provisions: Section 2 contains a complex table with 5 different commencement triggers, including contingent commencement (provisions only commence if other events occur) and 'later of' date calculations.","Dense transitional machinery: Schedule 3 contains 11 items with intricate savings provisions, translation tables (converting old terminology to new), and bifurcated application rules (different rules for pre-commencement vs post-commencement events).","Terminology substitution scheme: The Act implements a systematic replacement of defined terms across multiple statutes—swapping 'expenses/allowances' for 'resources,' updating 'parliamentary base salary' to 'base salary,' etc.—creating a web of interdependent definitions.","Nested conditional logic: Multiple provisions contain 'despite the repeal' clauses that preserve old law for specific purposes while new law applies generally, creating parallel temporal jurisdictions (e.g., item 6 preserves old entitlements for pre-commencement activities while new Act governs post-commencement activities).","Contingent amendments: Part 3 of Schedule 1 contains amendments that only apply if other legislation passes (Freedom of Information Act amendments contingent on the Independent Parliamentary Expenses Authority Act provisions)."],"plain_english_summary":"This legislation is the 'clean-up crew' for a major overhaul of how Australian politicians get paid and claim expenses. It doesn't set the rules itself—that's done by the main Parliamentary Business Resources Act 2017—but it makes sure all the other laws play nicely with the new system.\n\n**What it actually does:**\n\n*   **Updates the watchdog:** It rewrites the powers of the Independent Parliamentary Expenses Authority (the body that monitors MP spending) to match the new terminology. Instead of tracking 'expenses' and 'allowances,' the Authority now monitors 'work resources' and 'travel resources.' It also gives the Authority new powers to issue binding rulings on travel claims.\n*   **Patches old laws:** It goes through a laundry list of other Acts—superannuation laws, discrimination laws, workers' compensation laws—and updates every reference to the old 'Parliamentary Entitlements Act 1990' and 'Parliamentary Allowances Act 1952' to point to the new Parliamentary Business Resources Act instead.\n*   **Kills off the old system:** It repeals (abolishes) the old Parliamentary Allowances Act 1952 and Parliamentary Entitlements Act 1990 entirely.\n*   **Handles the handover:** It includes detailed transitional rules so that:\n    *   Existing approvals for travel and expenses remain valid.\n    *   Old injury compensation claims are still covered.\n    *   Superannuation calculations for past service continue to work correctly.\n    *   There's no gap in oversight during the switch from old to new.\n\n**Who it affects:**\n\n*   Current and former Members of Parliament (their expense claims and superannuation).\n*   The Independent Parliamentary Expenses Authority (its monitoring and auditing functions).\n*   Parliamentary staff (their travel resources).\n*   Various government departments that administer these schemes.\n\n**Why it matters:**\nWithout this Act, the new expense system would be a legal mess. This ensures continuity—politicians don't lose accrued benefits, existing approvals don't vanish, and the watchdog keeps watching while the rules change underneath it. It's the technical plumbing that makes parliamentary accountability reforms actually work."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Act is narrowly consequential and transitional: its purpose is to implement, align and preserve rights in connection with the Parliamentary Business Resources Act 2017. It does not introduce policy outside that implementation task. The main effects are terminological changes, reallocation of administrative functions (not new categories of entitlement), repeal of superseded legislation with mapped preservation of accrued rights, and transitional/regulatory powers to smooth the change‑over (see Schedule 2 repeals and Schedule 3 transitional items). There is no clear indication in the text that the Act materially expanded the original implementation purpose beyond those consequential and transitional changes."},"complexity_factors":["Multiple conditional commencements tied to the commencement of provisions in other Acts (Commencement table items 2–4 referencing the PBR Act s3 and IPEA Act s3).","Repeal in full of two Acts (Parliamentary Allowances Act 1952 and Parliamentary Entitlements Act 1990) (Schedule 2).","Extensive cross‑referencing and updating across at least 10 other statutes (Age Discrimination Act 2004; Ministers of State Act 1952; Parliamentary Contributory Superannuation Act 1948; Parliamentary Retirement Travel Act 2002; Parliamentary Superannuation Act 2004; Remuneration and Allowances Act 1990; Remuneration Tribunal Act 1973; Safety, Rehabilitation and Compensation Act 1988; Freedom of Information Act 1982).","Large number of definition changes and insertions in the Independent Parliamentary Expenses Authority Act 2017 (around 10–12 definitions repealed/inserted; see Schedule 1, Part 1 items 3–11).","Substantial transitional provisions with mapping tables (Schedule 3, item 4(3) translating legacy terms to PBR terms).","New publication/privacy carve‑out allowing personal information in IPEA reports (IPEA Act amended s12(2)).","Regulatory power to modify operation for the first 12 months and to make other transitional regulations (Schedule 3, item 11) — creates temporal legal variation.","Contingent/amendment items that start only if specified sections of other Acts commence (risk of partial implementation).","Insertion of new procedural requirements for Remuneration Tribunal determinations treated as legislative instruments but with modified disallowance (Schedule 1, Parliamentary Retirement Travel Act amendments items 42–47)."],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Implements the legal housekeeping needed to bring the Parliamentary Business Resources Act 2017 (the PBR Act) into effect. In practice it:  \n  - Amends the Independent Parliamentary Expenses Authority Act 2017 (IPEA Act) to align terminology and functions with the PBR Act, replacing many references to \"expenses/allowances\" with the broader term \"resources\" and adding powers such as giving rulings and making payments or recoveries on behalf of the Commonwealth (see Schedule 1, Part 1; sections replacing s3, s10 and s12).  \n  - Repeals two older Acts in full: the Parliamentary Allowances Act 1952 and the Parliamentary Entitlements Act 1990 (Schedule 2).  \n  - Updates a number of other Commonwealth Acts so they refer to the new PBR Act definitions and mechanisms instead of the repealed Acts (for example: Age Discrimination Act 2004, Ministers of State Act 1952, Parliamentary Contributory Superannuation Act 1948, Parliamentary Superannuation Act 2004, Remuneration and Allowances Act 1990, Remuneration Tribunal Act 1973, Safety, Rehabilitation and Compensation Act 1988) (Schedule 1, Part 2).  \n  - Provides transitional and application rules so existing entitlements and instruments continue or map correctly into the new PBR framework (Schedule 3).  \n  - Gives the Governor‑General power to make transitional regulations, including limited modifications during the first 12 months after commencement (Schedule 3, item 11).  \n\n**Who it directly affects**\n\n- Current and former members of the Commonwealth Parliament (including senators, members of the House and certain office‑holders) — by changing how travel, work resources and related allowances are defined and administered (Schedule 1, amendments to IPEA Act s4; Schedule 3 transitional items).  \n- Staff employed under the Members of Parliament (Staff) Act 1984 (so‑called MOPS staff) — changes in how their travel resources are defined and administered (Schedule 1, definitions and IPEA Act functions).  \n- The Independent Parliamentary Expenses Authority (IPEA) — new/clarified functions (advice, monitoring, reporting, audits, processing claims, giving rulings, making/ recovering payments) and a changed statutory vocabulary (Schedule 1, replacement of ss 3, 10, 12).  \n- The Remuneration Tribunal, Comcare and other agencies whose statutes referenced the old allowances/entitlements framework — required to act under the updated PBR Act definitions and processes (Schedule 1 Part 2; Schedule 3 transitional items).  \n\n**Why it matters (functional effects and legal mechanics)**\n\n- Terminology and scope: The Act standardises the switch from describing \"expenses/allowances\" to describing broader \"work resources\" and \"travel resources\" for MPs and relevant staff (new definitions inserted into the IPEA Act and references changed across many statutes) (Schedule 1, Part 1). That change is mechanical but broadens the statutory label that administrators will apply when interpreting entitlements (see inserted definitions such as “MP work resource”, “MP travel resource”, and “MOPS travel resource” — Schedule 1, items 6, 8, 10).  \n\n- Centralised administration and powers: The IPEA’s functions are expanded and clarified to include giving rulings, publishing guidance and reports (which may contain personal information), processing claims, making payments and recovering overpayments on behalf of the Commonwealth (Schedule 1, replacement s12; see s12(1)(a)–(p) and (2)–(4)). Mechanically this gives one agency clearer statutory authority to operate the new PBR regime and act on the Commonwealth’s behalf in transactions and recoveries.  \n\n- Preservation and mapping of existing rights: The Act repeals the old entitlements Acts but keeps rights that have already arisen under them. It maps legacy terms and instruments—particularly the Parliamentary injury compensation scheme—into the new PBR framework so liabilities, claims and existing approvals continue to operate (Schedule 3, items 4–6). For example, instruments made under section 9A of the old Parliamentary Entitlements Act are taken as instruments under section 41 of the PBR Act (Schedule 3, item 4(1)).  \n\n- Re‑allocating decision and publication responsibilities: Some decision‑making and publication obligations are moved or clarified (for example, requirements for Remuneration Tribunal determinations to be written, provided to the responsible Minister and published with reasons are added in amendments to the Parliamentary Retirement Travel Act 2002) (Schedule 1, items 42–47).  \n\n**Costs, incentives, trade‑offs and implementation risks (mechanisms, not judgments)**\n\n- Who pays: The Commonwealth continues to pay parliamentary resources but the IPEA is expressly authorised to incur expenses, make payments and recover overpayments on the Commonwealth’s behalf (IPEA Act as amended, s12(1)(k),(l),(o)). That concentrates transactional responsibility in the agency while preserving the Commonwealth’s ultimate liability.  \n\n- Administrative burden and compliance: A broad set of statutes are amended and many definitions are changed or replaced. Affected persons and agencies will need to translate old arrangements into the new PBR terminology and comply with new administrative processes (transitional mapping in Schedule 3, item 4(3); commencement provisions in s2). That creates short‑term compliance and systems costs (documents, IT, payroll, claim processes).  \n\n- Discretion and delegated power: The Act creates new and clarified authorities for the IPEA to publish guidance, give personal advice and rulings, and to recover payments; it also leaves room for other Commonwealth agents to perform some functions (s12(3)). The effect is a mix of centralised functions with potential retained authority elsewhere (Schedule 1, amended s12). This introduces implementation choices about which agency performs which tasks.  \n\n- Transitional complexity and legal mapping risk: The Act preserves legacy entitlements (so people do not lose accrued rights) but translates old statutory terms into new ones using mapping tables (Schedule 3, item 4(3)). Errors or ambiguous mappings could generate disputes, so regulators have a regulations power to modify operation for up to 12 months (Schedule 3, item 11).  \n\n- Privacy vs transparency trade‑off: Reports prepared by the IPEA may include personal information (IPI) and the Act expressly authorises that (IPEA Act amended s12(2)); that creates a specific legal allowance for publishing material that otherwise would be constrained by privacy law, but it is framed as an authorised exception (see s12(2) with note about Privacy Act 1988).  \n\n**Concrete statute references (examples)**\n\n- Replacement of IPEA functions and expanded powers (Schedule 1, Part 1: replacement of ss 3, 10 and replacement s12).  \n- New/changed definitions: \"MP work resource\", \"MP travel resource\", \"MOPS travel resource\" (Schedule 1, items 6, 8, 10).  \n- Repeal of Parliamentary Allowances Act 1952 and Parliamentary Entitlements Act 1990 (Schedule 2).  \n- Transitional preservation and mapping of the Parliamentary injury compensation scheme and other accrued entitlements (Schedule 3, items 4–6).  \n- Regulations power for transitional matters and limited modifications in the first 12 months (Schedule 3, item 11)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-business-resources-consequential-and-transitional-provisions-act-2017","history":"/api/acts/parliamentary-business-resources-consequential-and-transitional-provisions-act-2017/history","analysis":"/api/acts/parliamentary-business-resources-consequential-and-transitional-provisions-act-2017/analysis","conflicts":"/api/acts/parliamentary-business-resources-consequential-and-transitional-provisions-act-2017/conflicts","importantCases":"/api/acts/parliamentary-business-resources-consequential-and-transitional-provisions-act-2017/important-cases","documents":"/api/acts/parliamentary-business-resources-consequential-and-transitional-provisions-act-2017/documents"}}