Explanatory Memorandum
(Circulated by authority of the Special Minister of State, Senator the Hon Scott Ryan)Outline
The Independent Parliamentary Expenses Authority (Consequential Amendments) Bill 2017 would deal with consequential matters that would arise from the enactment of the Independent Parliamentary Expenses Authority Act 2017.
The Bill would provide exemptions to the freedom of information scheme established under the Freedom of Information Act 1982 for the Independent Parliamentary Expenses Authority (the Authority) in relation to documents requesting that Authority give personal advice relating to parliamentary work related travel expenses to parliamentarians and their staff and any other documents concerning the performance of those functions.
Financial impact statement
Nil.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Independent Parliamentary Expenses Authority (Consequential Amendments) Bill 2017
This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The Independent Parliamentary Expenses Authority (Consequential Amendments) Bill 2017 provides exemptions to the freedom of information scheme established under the Freedom of Information Act 1982 for the Independent Parliamentary Expenses Authority (the Authority) in relation to documents requesting that the Authority give personal advice relating to parliamentary work related travel expenses to parliamentarians and their staff and any other documents concerning the performance of those functions.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Notes on Clauses
Clause 1 - Short title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2-Commencement
2. Clause 2 would provide for the commencement of each provision of the Bill, as set out in the table.
- •
- Item 1 in the table provides that sections 1 to 3 (which concern the formal aspects of the Bill), as well as anything in the Bill not covered elsewhere in the table, would commence on the day on which the Bill receives Royal Assent.
- •
- Item 2 in the table provides that Schedule 1 to the Bill, which contains the substantive provision of the Bill, would commence at the same time as section 3 of the Independent Parliamentary Expenses Authority Act 2017 (IPEA Act), which would be a single day to be fixed by proclamation, or if it does not commence within 12 months of the day the IPEA Act receives the Royal Assent, it would commence on the day after the end of that period.
3. Subclause 2(2) would provide that any information in column 3 of the table is not part of this Bill. Information may be inserted in this column, or information in it may be edited, in any published version of this proposed Act.
Clause 3 - Schedules
4. Clause 3 would provide that any legislation that is specified in a Schedule to this Bill would be amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Bill would have effect according to its terms.
Schedule 1-Amendments
Freedom of Information Act 1982
Item 1-Division 1 of Part II of Schedule 2 (after the item dealing with the Human Services Department)
5. Item 1 would insert an exemption for the Independent Parliamentary Expenses Authority (the Authority) from being required to provide information under the freedom of information scheme established under the Freedom of Information Act 1982 in relation to documents requesting that the Authority give personal advice to members of parliament, or to a person employed under Parts III or IV of the Members of Parliament (Staff) Act 1984 staff, about travel expenditure matters. In accordance with paragraph (b), this exemption would extend to any documents that concern the performance of these personal advice functions.