Parliament House Completion Authority Act 1996 (Vic)

Parliament House Completion Authority Act 1996

Act No. 9/1996

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2
3.	Definitions	2

PART 2—PARLIAMENT HOUSE COMPLETION AUTHORITY	4
Division 1—The Authority	4

4.	Establishment of Authority	4
5.	The Crown	4
6.	Members of the Authority	4
7.	Term of office	6
8.	Vacancies, resignations	6
9.	Proceedings of the Authority	6
10.	Chairperson to preside at meetings	7
11.	Disclosure of interests	7
12.	Remuneration of chairperson	8
13.	Office of member not office or place of profit	9
14.	Validity of decisions	9

Division 2—Functions, Powers and Staff 9

15.	Functions	9
16.	Powers	10
17.	Chief Executive Officer	10
18.	Delegation	11
19.	Consultation with House Committee	11

Division 3—Financial 11

20.	Money of Authority	11
21.	Budget	11

PART 3—GENERAL 13

22.	Regulations	13
23.	Powers and duties of House Committee	13

i

Section	Page
PART 4—OTHER AMENDMENTS	14

24.	Family and Community Development Committee	14
25.	Drugs and Crime Prevention Committee	15
26.	Abolition of Public Bodies Review Committee	15
27.	Tenure of Committees	16
28.	Film Victoria Act 1981	16
29.	Renewable Energy Authority Victoria Act 1990	17
30.	Docklands Authority Act 1991	17

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NOTES 18

ii

Victoria

No. 9 of 1996

Parliament House Completion

Authority Act 1996†

[Assented to 25 June 1996]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) improvement, refurbishment, alteration,

to establish an Authority to control the House;

Parliament House Completion Authority Act 1996

Act No. 9/1996 s. 2

(b) Committee and change the names and

to abolish the Public Bodies Review Committees.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3. Definitions

In this Act—

"appointed member" means a member other

than a member referred to in paragraph (b) or

(c) of section 6(1);

"Authority" means Parliament House

Completion Authority established by section

4;

"chairperson" means chairperson of the

Authority;

"House Committee" has the same meaning as in the Parliamentary Committees Act 1968;

"member" means member of the Authority including the chairperson;

"member of staff" means a person employed by the Authority under section 16(a) or whose services are being used by the Authority

under an arrangement of a kind referred to in
section 16(b) but does not include a

consultant engaged by the Authority;

"Parliament House" means the land in the

Parish of Melbourne North in the City of
Melbourne referred to in the Order in
Council made under sections 4 and 7 of the
Crown Land (Reserves) Act 1978 on 30
October 1984 and published in the
Government Gazette dated 7 November 1984

Parliament House Completion Authority Act 1996

s. 3 Act No. 9/1996

at page 4002 including all buildings situated
on that land;

"project" means improvement, refurbishment, alteration, extension and completion of Parliament House including all related planning, design, demolition, construction

and site works;

"registered political party" means eligible

political party registered under Division 1A
of Part V of The Constitution Act
Amendment Act 1958.

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Parliament House Completion Authority Act 1996

Act No. 9/1996 s. 4

PART 2—PARLIAMENT HOUSE COMPLETION

AUTHORITY

Division 1—The Authority

4. Establishment of Authority

(1) There is established an Authority by the name of the Parliament House Completion Authority.

(2) The Authority—

(a) is a body corporate with perpetual succession;

(b) has a common seal;

(c) may sue and be sued in its corporate name;

(d)	may acquire, hold and dispose of real and personal property;
(e)	may do and suffer all acts and things that a body corporate may by law do and suffer.

(3) The common seal of the Authority must be kept as

directed by the Authority and must not be used
except as authorised by the Authority.

(4) All courts must take judicial notice of the seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

5. The Crown

The Authority is a public authority which represents the Crown.

6. Members of the Authority

(1) The Authority consists of —

(a) a member of the Parliament of Victoria appointed as chairperson;

Parliament House Completion Authority Act 1996

s. 6 Act No. 9/1996

(b) the President of the Legislative Council; (c) the Speaker of the Legislative Assembly;

(d)	a member of the Parliament of Victoria who is a member of the registered political party of which the Premier is a member;
(e)	a member of the Legislative Council who is a member of the registered political party of which the Leader of Her Majesty's

Opposition in the Legislative Assembly is a member;

(f) a member of the Legislative Assembly who is a member of the registered political party of which the Leader of Her Majesty's

Opposition in the Legislative Assembly is a member;

(g) a member of the Parliament of Victoria who is a member of a registered political party, other than the party of which the Premier is a member, of which at least one member is a responsible Minister of the Crown or, if there is no such party, is a member of a registered political party of which at least 11 members are members of Parliament, not being a party of which the Premier or the Leader of Her Majesty's Opposition in the Legislative Assembly is a member.

(2) The appointed members shall be appointed by the

Governor in Council on the recommendation of the Premier.

(3) The Premier must not recommend for appointment

as a member a person who is a member of a
registered political party other than the party of
which the Premier is a member unless he or she
has consulted the leader of that party in the
Legislative Assembly about the appointment.

Parliament House Completion Authority Act 1996

Act No. 9/1996 s. 7

(4) The Public Sector Management Act 1992

(including Part 9) does not apply to a member in

respect of the office of member.

7. Term of office

(1) Subject to this Act, an appointed member holds office until—

(a)	the end of the period, not exceeding 2 years, that is specified in his or her instrument of appointment as his or her term of office; or
(b)	the appointment of another member under the same paragraph of section 6(1) following the expiry or dissolution of the Assembly after the appointment—

whichever first occurs.

(2) An appointed member is eligible for re-

appointment if otherwise qualified.

8. Vacancies, resignations

(1) The office of an appointed member becomes vacant if the member ceases to be a member of the political party of which he or she was a member at the time of his or her appointment.

(2) An appointed member may resign from the office

of member by notice in writing delivered to the
Premier.

9. Proceedings of the Authority

(1) A majority of the members for the time being

constitutes a quorum of the Authority.

(2) A question arising at a meeting shall be

determined by a majority of votes of the members present and voting on that question and, if voting is equal, the person presiding has a casting, as
well as a deliberative, vote.

Parliament House Completion Authority Act 1996

s. 10 Act No. 9/1996

(3) The Authority must ensure that accurate minutes are kept of its meetings.

(4) Subject to this Act, the Authority may regulate its own proceedings.

10. Chairperson to preside at meetings

The chairperson or, in his or her absence, a member appointed by the members present, must preside at a meeting of the Authority.

11. Disclosure of interests

(1) If—

(a)

a member has a direct or indirect pecuniary about to be considered, by the Authority; and

(b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—

the member, as soon as practicable after the
relevant facts come to the member's knowledge,
must disclose the nature of the interest at a

meeting of the Authority.

(2) A disclosure under sub-section (1) must be

recorded in the minutes of the meeting and the

member—

(a)	must not be present during any deliberation of the Authority in relation to the matter; and
(b)	must not take part in any decision of the Authority in relation to the matter.

(3) Sub-section (1) does not apply in relation to a

matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public, or all
members of the Legislative Council or the

Parliament House Completion Authority Act 1996

Act No. 9/1996 s. 12

Legislative Assembly, on the same terms and conditions.

12. Remuneration of chairperson

(1) The chairperson is entitled to be paid, in addition

entitled to be paid as a member of the Parliament
of Victoria, an additional salary and an expense
allowance of the amount that he or she would be
entitled to be paid under Part I of the
Parliamentary Salaries and Superannuation
Act 1968 if he or she held office as a responsible

to the salary and allowances that he or she is the Deputy Premier.

(2) An appointed member (other than the chairperson)

is entitled to be paid, in addition to the salary and
allowances that he or she is entitled to be paid as a
member of the Parliament of Victoria, for each
attendance at a meeting of the Authority at which
a quorum is present an expense allowance or a
travelling allowance of the amount that he or she
would be entitled to be paid under section
51A(1A) of the Parliamentary Committees Act
1968 if the Authority were a Committee referred
to in section 51A(6) of that Act.

(3) All money payable to the chairperson or any other

member under this section by way of additional
salary, expense allowance or travelling allowance
shall be paid out of the Consolidated Fund which
is, by this sub-section, to the necessary extent
appropriated accordingly.

(4) For the purposes of Part II of the Parliamentary

Salaries and Superannuation Act 1968, the
amount of additional salary paid to the
chairperson under this section must be treated as if
it were additional salary payable to the
chairperson under Part I of that Act by virtue of

Parliament House Completion Authority Act 1996

s. 13 Act No. 9/1996

occupying an office specified in the Table in

section 6 of that Act.

13. Office of member not office or place of profit

The chairperson or any other member must not, by reason only of holding the office of chairperson or member or receiving any payment under section

12, be taken to hold an office or place of profit

under the Crown which would—

(a)	prevent him or her sitting or voting as a member of the Legislative Council or Legislative Assembly; or
(b)	make null and void his or her election to the Legislative Council or Legislative Assembly; or
(c)	prevent him or her continuing to be a member of the Legislative Council or Legislative Assembly; or
(d)	make him or her guilty of an offence against, or subject him or her to liability to a penalty under, the Constitution Act 1975.

14. Validity of decisions

An act or decision of the Authority is not invalid only because of—

(a)	a defect or irregularity in, or in connection with, the appointment of a member; or
(b)	a vacancy in the membership of the Authority, including a vacancy arising from the failure to appoint an original member.

Division 2—Functions, Powers and Staff

15. Functions

The functions of the Authority are—
Parliament House Completion Authority Act 1996

Act No. 9/1996 s. 16

(a)	to ensure that the project is undertaken and completed and, for this purpose, to facilitate, enter into and manage any agreement or arrangement connected with, or incidental to, the project;
(b)	any other functions conferred on the Authority by or under this or any other Act.

16. Powers

For the purpose of performing its functions, the conferred on it by or under this or any other Act—

(a) may employ staff or engage consultants;

(b)	may enter into arrangements for the use by the Authority of the services of staff appointed or employed under the Public Sector Management Act 1992 or the Parliamentary Officers Act 1975;
(c)	may appoint agents and attorneys, and act as agent;
(d)	may accept grants or donations of money or other property (whether made by deed, will or otherwise) and may agree to and carry out

any conditions of any such grant or donation;

(e) may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.

17. Chief Executive Officer

(1) The Authority shall, with the approval of the

Minister, appoint a person as the Chief Executive
Officer of the Authority.

(2) The Chief Executive Officer must give the
Authority any advice and assistance that it

Parliament House Completion Authority Act 1996

s. 18 Act No. 9/1996

requires and must perform any other duties that

the Authority from time to time directs.

18. Delegation

The Authority may, by instrument under its common seal, delegate to—

(a) any member; or
(b) the Chief Executive Officer; or

(c) any member of staff—

any power of the Authority under this Act, other

than this power of delegation.

19. Consultation with House Committee

The Authority may consult the House Committee with respect to any matter related to the performance of the functions or the exercise of the powers of the Authority.

Division 3—Financial

20. Money of Authority

All money received by the Authority must be paid into a bank account opened and maintained by the Authority.

21. Budget

(1) The Authority must prepare a budget for each

financial year in the form the Minister and no later than the date specified by them.

(2) The Minister and the Treasurer may approve, with

any variations that they think fit, a budget
submitted under this section.

Parliament House Completion Authority Act 1996

Act No. 9/1996 s. 21

(3) Except as authorised by the Minister and the Treasurer, no money shall be spent by the approved by those Ministers.

_______________
Parliament House Completion Authority Act 1996

s. 22 Act No. 9/1996

PART 3—GENERAL

22. Regulations

The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

No. 7727.

Reprinted to	23. Powers and duties of House Committee
No. 65/1992.
Subsequently	In section 46 of the Parliamentary Committees
amended by	Act 1968, after sub-section (2) insert—
Nos 20/1994
and 75/1994.	"(3) Despite anything to the contrary in this section and except as otherwise agreed between the House Committee and the Authority, the House Committee does not

have a function, power or duty in relation to the Parliament buildings that is given to the Parliament House Completion Authority by the Parliament House Completion

Authority Act 1996.".
_______________

Parliament House Completion Authority Act 1996

Act No. 9/1996 s. 24

PART 4—OTHER AMENDMENTS

24. Family and Community Development Committee

(1) In the Parliamentary Committees Act 1968—

(a) in section 3(1), for "Community
Development Committee" substitute

in the definition of "Joint House Committee" Committee";

(b) in section 4(g), for "Community" substitute "Family and Community";

(c) in section 4ED—

(i) for "Community" substitute "Family
and Community";

(ii) before paragraph (a) insert— "(aa) any proposal, matter or thing

concerned with the family or the
welfare of the family;";

(iii)  in paragraph (b) after "welfare" insert "including the welfare of the family";

(iv)  for "required to" substitute "required or".

(2) The Family and Community Development

Committee established under the Parliamentary Committees Act 1968 as amended by sub-section (1) must be taken to be the same body as the

Community Development Committee established under that Act before the commencement of sub-section (1) despite the alteration made by that sub-section to the name and functions of that body.

Parliament House Completion Authority Act 1996

s. 25 Act No. 9/1996

25. Drugs and Crime Prevention Committee

(1) In the Parliamentary Committees Act 1968—

(a) Committee" in section 3(1), for "Crime

in the definition of "Specific Purpose and Crime Prevention Committee";

(b) in section 4A(1)(b), for "Crime" substitute "Drugs and Crime";

(c) in section 4EF—

(i)  for "Crime" substitute "Drugs and Crime";

(ii)  after "with" insert "the illicit use of drugs (including the manufacture, supply or distribution of drugs for such use) or".

(2) The Drugs and Crime Prevention Committee

established under the Parliamentary Committees taken to be the same body as the Crime Prevention Committee established under that Act before the commencement of sub-section (1) despite the alteration made by that sub-section to the name and functions of that body.

26. Abolition of Public Bodies Review Committee

In the Parliamentary Committees Act 1968—

(a)	in the definition of "Joint House Committee" in section 3(1), omit "Public Bodies Review Committee,";
(b)	the definition of "public body" in section 3(1) is repealed;

Parliament House Completion Authority Act 1996

Act No. 9/1996 s. 27

(c) in section 4—

(i) for "7" substitute "6";

(ii) paragraph (a) is repealed;

(d) section 4C is repealed;

(e) in section 4I(2), for "Subject to section 4M(10), a" substitute "A";

(f) in section 4I(4), omit "or in section 4M(10)";

(g) in section 4J(3), omit "or in section 4M(10)";

(h) section 4M is repealed;

(i)  in section 4O(2), omit "other than the Public Bodies Review Committee";

(j) section 4P is repealed;

(k) in section 4S—

(i) for "subsequent Committee" (where
twice occurring) substitute "other
Committee".

27. Tenure of Committees

(1) In section 4G(1)(b) of the Parliamentary

Committees Act 1968, for "either House of the
Parliament" substitute "the Assembly".

(2) In section 36(c) of the Parliamentary

Committees Act 1968, for "either House of

Parliament" substitute "the Assembly".

(3) In section 48(c) of the Parliamentary

Committees Act 1968, for "either House of

Parliament" substitute "the Assembly".

28. Film Victoria Act 1981

Section 23 of the Film Victoria Act 1981 is repealed.

Parliament House Completion Authority Act 1996

s. 29 Act No. 9/1996

29. Renewable Energy Authority Victoria Act 1990

Section 22 of the Renewable Energy Authority

Victoria Act 1990 is repealed.

30. Docklands Authority Act 1991

Section 57 of the Docklands Authority Act 1991 is repealed.

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Parliament House Completion Authority Act 1996

Act No. 9/1996 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 30 May 1996

Legislative Council: 18 June 1996

The long title for the Bill for this Act was "to establish an Authority to
control the improvement, refurbishment, alteration, extension and

completion of Parliament House, to abolish the Public Bodies Review
Committee and change the names and functions of two other
Parliamentary Committees, to amend the Parliamentary Committees
Act 1968 and certain other Acts for other purposes."