{"id":"F2017L01690","name":"Parliamentary Business Resources (Office Holder) Determination 2017","slug":"parliamentary-business-resources-office-holder-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96580,"registerId":"commonwealth-F2017L01690-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Parliamentary Business Resources (Office Holder) Determination 2017.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under section 7 of the Parliamentary Business Resources Act 2017.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n member;\n\n (b) office holder.\n In this instrument:\n\n> Act means the Parliamentary Business Resources Act 2017.\n\n> minority party has the same meaning as in the Parliamentary Business Resources Regulations 2017.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Members who are office holders","content":"#### 5 Members who are office holders\n\n For the purposes of section 7 of the Act, a member who:\n\n holds a position specified in Schedule 1, or\n performs a function of a kind specified in Schedule 1;\n\n is an office holder.\n\n \n\nSchedule 1—Office Holders\n\n| Item | Position |\n| ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | Leader of the Opposition |\n| 2 | Deputy Leader of the Opposition |\n| 3 | Leader of the Opposition in the Senate |\n| 4 | Manager of Opposition Business in the House of Representatives |\n| 5 | Deputy Leader of the Opposition in the Senate |\n| 6 | Manager of Opposition Business in the Senate |\n| 7 | Shadow Minister |\n| 8 | Leader of a minority party |\n| 9 | Party Whip (however described) of a party for a House of the Parliament, where that party has at least 5 members in the relevant HouseNote: there may, for a party, be more than one party whip for a House |\n| 10 | Second Deputy Speaker in the House of Representatives |\n| 11 | Member of the Speaker’s Panel in the House of Representatives |\n| 12 | Temporary Chair of Committees in the Senate |\n| 13 | Chair or Deputy Chair of a properly constituted Parliamentary Committee, including Select, Standing and Statutory Committees, and whether Joint or of a single House. |\n\n \n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted | o = order(s) |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| ed = editorial change | reloc = relocated |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered |\n| effect | rep = repealed |\n| F = Federal Register of Legislation | rs = repealed and substituted |\n| gaz = gazette | s = section(s)/subsection(s) |\n| LA = Legislation Act 2003 | Sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |\n| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |\n| effect | SR = Statutory Rules |\n| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |\n| cannot be given effect | SubPt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n\n> Note: Endnote 3—Legislation history\n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------- | ------------------------- | ----------------- | ----------------------------------------------- |\n| Parliamentary Business Resources (Office Holder) Determination 2017 | 20 Dec 2017 (F2017L01690) | 1 January 2018 | |\n| Parliamentary Business Resources (Office Holder) Amendment Determination (No. 1) 2018 | 14 Sep 2018 (F2018L01285) | 17 September 2018 | |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected | How affected |\n| -------------------------- | -------------- |\n| s 2..................... | rep LA s 48D |\n| Schedule 1 | |\n| Schedule 1................ | rs F2018L01285 |","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument's substantive list (Schedule 1) was amended after registration, as recorded in the endnotes and legislation history (Amendment Determination 2018), so the set of positions/functions treated as 'office holders' was altered following initial commencement."},"complexity_factors":["Narrow, rule-based instrument: mainly a list (Schedule 1) mapping positions/functions to the statutory term 'office holder' (s 5).","Relies on external definitions: several expressions are defined in the Act and regulations rather than in this instrument (s 4), creating dependence on other instruments for full meaning.","Includes both positions and 'functions' of a kind, which can create minor interpretive questions about functional equivalence versus formal title (s 5 and Schedule 1).","Contains a conditional rule for party whips (must be a party with at least 5 members), introducing a factual threshold that administrators must verify (Schedule 1, item 9).","Low administrative discretion: the instrument prescribes categories rather than delegating open-ended powers (s 3 authority under the Act).","Has amendment history: Schedule 1 was later amended (see endnotes/legislation history), so scope has been adjusted post‑registration."],"plain_english_summary":"This instrument names which Members of Parliament are \"office holders\" for the purposes of section 7 of the Parliamentary Business Resources Act 2017. It does this by listing specific positions and kinds of functions (Schedule 1) — for example opposition leaders, certain whips, and committee chairs — so those members are treated under the Act's rules on parliamentary business resources. It therefore affects members who hold those roles and the application of the Act to them."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: defining which parliamentary positions qualify as 'office holders' under the PBR Act. The 2018 amendment (shown in the endnotes) was a straightforward substitution of Schedule 1, not an expansion of scope. The determination has not grown beyond its initial remit of listing qualifying positions."},"complexity_factors":["Very short instrument (approximately 1 page of substantive content excluding endnotes)","Only 2 defined terms in the instrument itself ('Act' and 'minority party')","Simple structure: name, authority, definitions, operative provision, and a single schedule","No nested exceptions or conditional logic beyond the single threshold requirement for Party Whips (minimum 5 members)","No cross-referencing to other complex legislative schemes beyond the parent Act and Regulations","Schedule 1 is a straightforward table listing positions without hierarchical conditions"],"plain_english_summary":"This ministerial determination names which Members of Parliament count as \"office holders\" for the Parliamentary Business Resources Act 2017. It tells administrators which MPs are entitled to extra staff, equipment, travel and other parliamentary resources beyond standard entitlements.\n\nIt affects those MPs in leadership or organisational roles and the parliamentary staff who allocate and audit those additional public resources."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-business-resources-office-holder-determination-2017","history":"/api/acts/parliamentary-business-resources-office-holder-determination-2017/history","analysis":"/api/acts/parliamentary-business-resources-office-holder-determination-2017/analysis","conflicts":"/api/acts/parliamentary-business-resources-office-holder-determination-2017/conflicts","importantCases":"/api/acts/parliamentary-business-resources-office-holder-determination-2017/important-cases","documents":"/api/acts/parliamentary-business-resources-office-holder-determination-2017/documents"}}