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2016-2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
PARLIAMENTARY BUSINESS RESOURCES AMENDMENT (VOLUNTARY OPT-
OUT) BILL 2017
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Malcolm Roberts)
PARLIAMENTARY BUSINESS RESOURCES AMENDMENT
(VOLUNTARY OPT-OUT) BILL 2017
OUTLINE
The purpose of this Bill is for provide Senators and Members the option to 'opt-out' of receiving
any or all of their entitlements. There is currently no mechanism available for Senators or
Members to opt-out of receiving part or all of their entitlements. This Bill will allow Senators or
Members to provide, by written notice, that they wish to no longer receive part or all of their
entitlements.
NOTES ON CLAUSES
Clause 1: Short Title
1. This clause is a formal provision and specifies that the Bill, when enacted, may be cited
as the Parliamentary Business Resources Amendment (Voluntary Opt-out) Act 2017.
Clause 2: Commencement
2. This clause provides for the commencement of Sections 1-3 (the mechanics of the
Act) to be the day this Act receives Royal Assent. The substance of the Act (Schedule 1)
commences on the day after the Act receives Royal Assent.
Clause 3 - Schedules
3. This clause is a formal provision specifying that the legislation being amended in the
schedule to this Act is amended in the terms that are set out in the schedule to this Act..
Schedule 1--Amendments
Parliamentary Business Resources Act 2017
Item 1 - Section 5
4. This item inserts the definition of the relevant presiding officer as the President of
the Senate or the Speaker of the House of Representatives.
Item 2 - Section 13
5. This item inserts another part to the simplified outline of Part 2 of the Act to provide
for the addition of Division 4 of Part 2.
Item 3 -At the end of Part 2
6. Item 3 adds a new Division to the end of Part 2 which specifies that Senators and
Members of the House of Representatives may elect to forgo part or the whole of their
remuneration
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Division 4 - Voluntary opt-out from being paid remuneration
23A When may a person elect to forgo remuneration
7. Section 23A specifies that an elected member has the option to make an election in
accordance with section 23B. It also ensures that an election to opt out can be made at any
time.
23B The nature of the election
8. Section 23B provides the option for a Senator or Member of the House of Representatives
to elect to forgo either a percentage or an amount of their remuneration.
23C How to make an election
9. Section 23C establishes the method for making an election, including the details to be
provided and to whom the notice must be given.
23D Duration of the election
10. Section 23D provides that the election comes in to force on the start date specified in the
election and remains in force until it is revoked under section 23G.
23E Effect of an election
11. Section 23E gives effect to the election and allows for the calculation of the amount the
parliamentarian's remuneration is reduced by.
23F Variation of an election
12. Section 23 F allows the person to vary his or her notice to forgo part or the whole of their
remuneration during the period that the notice is in force and describes the form that
variation must take.
23G Revocation of an election
13. Section 23G prescribes the form and requirements to revoke the election. If the
revocation meets these requirements this section gives effect to the revocation.
Item 4 - At the end of subsection 49(1)
14. This item adds a note to subsection 49(1)
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Parliamentary Business Resources Amendment (Voluntary Opt-out) 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 purpose of this Bill is for provide Senators and Members the option to 'opt-out' of receiving
any or all of their entitlements. There is currently no mechanism available for Senators or
Members to opt-out of receiving part or all of their entitlements. This Bill will allow Senators or
Members to provide, by written notice, that they wish to no longer receive part or all of their
entitlements.
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.
Senator Malcolm Roberts
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