EXPLANATORY STATEMENT
Issued by the authority of the Prime Minister
Parliamentary Business Resources Act 2017
Parliamentary Business Resources (Former Prime Ministers)
Amendment Determination 2018 (No. 2)
The
Parliamentary Business Resources Act 2017 (the Act) and the
Parliamentary Business
Resources Regulations 2017 (the Regulations) establish a framework for providing resources
to parliamentarians in respect of their parliamentary business. Certain provisions of the Act
and Regulations apply to the provision of resources to former Prime Ministers.
The
Parliamentary Business Resources (Former Prime Ministers) Amendment Determination
2018 (No. 2) (amendment determination) is made under section 16 of the Act. Section 16 of
the Act enables the current Prime Minister to determine, in writing, that former Prime
Ministers are to be provided with any goods, services, premises, equipment or any other
facility from time to time. The Prime Minister may impose one or more limits or other
conditions on the resources provided to a particular former Prime Minister, a class or former
Prime Ministers generally.
The amendment determination amends the
Parliamentary Business Resources (Former
Prime Ministers) Determination 2017 to support the provision of resources for the former
Prime Minister, the Hon Malcolm Bligh Turnbull, when undertaking international travel as
approved by the Prime Minister in writing from time to time.
Details of the amendment determination are set out in Attachment A.
The Act specifies no conditions that need to be satisfied before the power to make the
amendment determination may be exercised. This amendment determination results from
consultations between the Prime Minister and Mr Turnbull about Mr Turnbull’s capacity to
travel overseas on government business. Resources provided to former Prime Ministers are
entirely at the discretion of the Prime Minister.
The amendment determination is a legislative instrument for the purposes of the
Legislation
Act 2003 (Legislation Act). However, subsection 16(3) of the Act provides that the
determination is not subject to disallowance under section 42 of the Legislation Act.
The amendment determination commences the day after they are registered.
Authorised Version Explanatory Statement registered 21/09/2018 to F2018L01332
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Attachment A
Details of the Parliamentary Business Resources (Former Prime Minister) Amendment
Determination 2018 (No. 2)
Section 1 – Name
This section provides that the name of the instrument is the
Parliamentary Business
Resources (Former Prime Ministers) Amendment Determination 2018 (No. 2).
Section 2 – Commencement
This section provides that the instrument commences on the day after registration.
Section 3 – Authority
This section provides that the making of the instrument is authorised by section 16 of the
Parliamentary Business Resources Act 2017.
Section 4 – Schedule
Section 4 provides that the instrument set out in the Schedule is amended in accordance with
the Schedule.
Schedule 1—Amendments
Schedule 1 provides that the
Parliamentary Business Resources (Former Prime Ministers)
Determination 2017 (primary determination) be amended.
Item 1 – Subsection 4(1)
This item inserts the definitions ‘international travel expenses’ and ‘Regulations’ to
subsection 4(1) of the primary determination. The definitions clarify that reference to
international travel expenses as approved for a former Prime Minister has the same meaning
as prescribed in section 35 of the
Parliamentary Business Resources Regulations 2017 as if it
applied to former Prime Ministers.
Item 2 – Limited renumbering of Schedule—The Hon Malcolm Bligh Turnbull
This item renumbers the Item numbers in Column 1 of the Schedule—The Hon Malcolm
Bligh Turnbull to correct the duplication of Item 13 (second occurring).
Item 3 – Schedule—The Hon Malcolm Bligh Turnbull (at the end of the table)
This item adds new Item 22 to the Schedule—The Hon Malcolm Bligh Turnbull in the
primary determination
to provide Mr Turnbull with access to international travel expenses
necessary for the travel when undertaking international travel as approved by the Prime
Minister in writing from time to time.
This item is intended to enable the Prime Minister to approve the former Prime Minister to
travel overseas from time to time in writing, such as via a letter, and for the costs of the
travel to be covered such as those prescribed in section 35 of the Regulations. The written
approval from the Prime Minister may specify or otherwise vary the resources, international
travel expenses and other arrangements available to the former Prime Minister in
undertaking the approved international travel.
Authorised Version Explanatory Statement registered 21/09/2018 to F2018L01332
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Where the Prime Minister approves international travel by the former Prime Minister, the
Prime Minister may also approve for the spouse or de facto partner of the former Prime
Minister to accompany the former Prime Minister. For the spouse or de facto partner to
accompany the former Prime Minister on travel overseas, the Prime Minister must expressly
state this in the written approval.
New Item 22 also provides that if the Prime Minister approves the former Prime Minister to
travel overseas, then the approval is taken to include approval for travel by one staff member
accompanying the former Prime Minister.
Authorised Version Explanatory Statement registered 21/09/2018 to F2018L01332
Document Outline