33Commonwealth must provide public resources determined by the Minister

33 Commonwealth must provide public resources determined by the Minister

Public resources determined in accordance with the regulations (1) The Minister may determine, in writing, that the Commonwealth must provide the public resources that are prescribed by the regulations relating to the conduct of a member’s parliamentary business. Exceptional circumstances determinations (2) The Minister may determine, in writing, that the Commonwealth must provide specified public resources relating to the conduct of a member’s parliamentary business if the Minister is satisfied that exceptional circumstances justify the determination. (3) However, the Minister may not determine under subsection (2) that the Commonwealth pay expenses that have already been incurred. (4) Subsection (2) is not limited by any other provision of this Division. Value for money (5) In making a determination under this section, the Minister must ensure that the expenses that are incurred, or the public resources that are provided, relating to the conduct of a member’s parliamentary business provide value for money, taking into account the need to conduct the member’s parliamentary business. (6) Section 71 of the Public Governance, Performance and Accountability Act 2013 (approval of proposed expenditure by a Minister) does not apply in relation to a determination made under this section. Instruments (7) The regulations may make provision in relation to determinations made under this section.

Note: The regulations may provide conditions in relation to the Minister’s determinations (see paragraph 34(g)).

(8) A determination made under subsection (1) or (2) is not a legislative instrument.