Parliament House Construction Authority Act 1979 (Cth)
An Act to establish an Authority to control the design and construction of Parliament House.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
PART I—PRELIMINARY
“Authority” means the Parliament House Construction Authority established by section 4;
“Chairman” means the Chairman of the Authority;
“Commission” means the National Capital Development Commission;
“Commissioner” means the Commissioner constituting the National Capital Development Commission;
“Executive Officer” means the Executive Officer of the Authority;
“member” means a member of the Authority;
“relevant Joint Committee” means a joint committee of members of the Parliament declared by the Minister, by notice published in the
Gazette, to be a relevant Joint Committee for the purposes of this Act.
(2) In this Act—
(a) a reference to the design of Parliament House shall be read as a reference to the design of Parliament House for erection on the site on Capital Hill marked “Site of Parliament House” on the plan set out in the Schedule to the
Parliament Act 1974, including the design of access roads, parking areas and other facilities to be provided on that site in connection with Parliament House and of landscaping for that site; and(b) a reference to the construction of Parliament House shall be read as a reference to the construction of Parliament House on the site referred to in paragraph (a), including the construction of access roads, parking areas and other facilities to be provided on that site in connection with Parliament House and the landscaping of that site.
(3) Where a person acts in the place of the Commissioner during a vacancy in the office of Commissioner or during the illness or absence of the Commissioner, references in this Act to the Commissioner shall be read as references to the person so acting.
PART II—ESTABLISHMENT, FUNCTIONS AND POWERS OF THE PARLIAMENT HOUSE CONSTRUCTION AUTHORITY
(a) to undertake and carry out the design and construction of Parliament House;
(b) to furnish to the Minister and to any relevant Joint Committee information with respect to matters relating to the design or construction of Parliament House; and
(c) such other functions in relation to the design or construction of Parliament House as are conferred on it by the regulations.
(2) The Authority may, so far as it is practicable to do so, make use of the services and resources of the Commission (including the Associate Commissioners and the officers and employees of the Commission) in performing its functions under this Act.
(a) have regard to any advice furnished to it by a relevant Joint Committee; and
(b) comply with any resolution passed by both Houses of the Parliament,
with respect to any matter related to the design or construction of Parliament House.
(a) a stage in the design of Parliament House to be a declared stage in the design of Parliament House for the purposes of this section; or
(b) a stage in the construction of Parliament House to be a declared stage in the construction of Parliament House for the purposes of this section.
(2) Work shall not be commenced or carried out on a declared stage in the design of Parliament House or a declared stage in the construction of Parliament House unless each of the Houses of Parliament has passed a resolution authorizing the commencement of work on that stage.
(2) The Minister shall, as soon as practicable after giving a direction referred to in sub-section (1), cause a copy of the direction to be laid before each House of the Parliament.
(3) Either House of the Parliament, within 5 sitting days of that House after a copy of the direction has been laid before that House under sub-section (2), may, in pursuance of a motion upon notice, pass a resolution disallowing the direction.
(4) If neither House of the Parliament passes a resolution in accordance with sub-section (3) disallowing a direction, the direction takes effect on the day immediately following the last day upon which such a resolution could have been passed and the Authority shall thereupon comply with the direction.
(2) In relation to any land under the control of the Authority by reason of sub-section (1)—
(a) the Authority is, subject to this section, empowered to manage the land on behalf of the Commonwealth, and may—
(i) authorize the entry of persons on the land; or
(ii) carry out such works on, and make such use of, the land in the performance of its functions as it thinks fit; and
(b) the Authority shall not grant a lease of, or licence to occupy, the land but such a lease or licence on behalf of the Commonwealth shall not be granted without the consent of the Authority.
(3) Where the management or use of land that has been placed under the control of the Authority under this section is no longer required by the Authority, the Authority shall, by instrument under its seal, surrender the control of the land to the Commonwealth.
(4) The Minister may revoke, in whole or in part, an instrument under sub-section (1).
PART III—CONSTITUTION AND MEETINGS OF THE AUTHORITY
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
(2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to a document and shall presume it was duly affixed.
(a) the Chairman;
(b) the Commissioner; and
(c) 4 other members.
(2) The Chairman shall be appointed by the Governor-General, and may be either a full-time member or a part-time member.
(3) Where the Governor-General appoints a person to be the Chairman, the Governor-General shall determine the terms and conditions on which the person is to hold that office, being terms and conditions stating whether he is to hold that office as a full-time member or a part-time member and containing such other terms and conditions (if any), in respect of matters not provided for by this Act, as he deems fit.
(4) The members referred to in paragraph (1)(c) shall be appointed by the Governor-General as part-time members.
(5) The members referred to in paragraph (1)(c) hold office on such terms and conditions (if any), in respect of matters not provided for by this Act, as are determined by the Governor-General.
(6) The Governor-General may, from time to time, vary terms and conditions determined under sub-section (3) or (5), including, with the consent of the Chairman, the terms and conditions by virtue of which the Chairman holds office as a full-time member or part-time member, as the case may be.
(7) The performance of the functions of the Authority is not affected by reason of there being a vacancy or vacancies in the membership of the Authority.
(2) A member referred to in paragraph 12(1)(c) shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.
(2) The Minister may—
(a) determine the terms and conditions of appointment of a person appointed under this section, including terms and conditions under which the person will act as Chairman in a full-time capacity or in a part-time capacity; and
(b) at any time terminate such an appointment.
(3) An acting Chairman may resign his office of acting Chairman by writing under his hand delivered to the Minister.
(4) While a member is acting as Chairman in pursuance of an appointment under this section, he has and may exercise all the powers of, and shall perform all the functions of, the Chairman.
(5) The validity of anything done by the Authority shall not be called in question in any proceedings by reason of any defect or irregularity in or in connection with the appointment of a person under this section or on the ground that the occasion for a person appointed under this section to act in pursuance of the appointment had not arisen or had ceased.
(2) If a part-time member other than the Commissioner—
(a) becomes bankrupt, applies to have the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(b) fails to comply with his obligations under sub-section (4) or (6); or
(c) is absent, except with the permission of the Minister, from 3 consecutive meetings of the Authority,
the Governor-General shall terminate the appointment of the member.
(3) If the Chairman, being a full-time member—
(a) becomes bankrupt, applies to have the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(b) fails to comply with his obligations under sub-section (4) or (6);
(c) is absent from duty, except with the permission of the Minister—
(i) for 14 consecutive days or for 28 days in any 12 months; or
(ii) from 3 consecutive meetings of the Authority; or
(d) engages in paid employment outside the duties of his office without the approval of the Minister,
the Governor-General shall terminate the appointment of the Chairman.
(4) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Authority shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Authority.
(5) A disclosure under sub-section (4) shall be recorded in the minutes of the Authority.
(6) Subject to sub-section (7), where a matter in respect of which a disclosure has been made to the Authority by a member under sub-section (4) is being considered, or is about to be considered, at a meeting of the Authority, the member—
(a) shall not take part in any deliberation or decision of the Authority with respect to the matter; and
(b) shall be disregarded for the purpose of constituting a quorum of the Authority for any such deliberation or decision.
(7) Sub-section (6) does not apply to a matter in respect of which the member concerned has a direct or indirect pecuniary interest as a member of and in common with the other members of, an incorporated company which consists of not less than 25 persons and of which the member is not a director.
(8) Where a disclosure under sub-section (4) is made by a member, the member presiding at the meeting of the Authority at which the disclosure is made shall inform the Minister of the nature of that disclosure.
(2) A member other than the Commissioner shall be paid such allowances as are prescribed.
(3) This section has effect subject to the
(2) The Chairman may at any time convene a meeting of the Authority.
(3) At a meeting of the Authority, 4 members constitute a quorum.
(4) The Chairman shall preside at all meetings of the Authority at which he is present.
(5) In the event of the absence of the Chairman, the members present shall appoint one of their number to preside at the meeting.
(6) A question arising at a meeting of the Authority shall be decided by a majority of votes of the members present and voting.
(7) The member presiding at a meeting of the Authority has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.
(8) The Authority shall keep a record of its proceedings.
(9) In this section, a reference to the Chairman shall be read as including a reference to the acting Chairman.
PART IV—EXECUTIVE OFFICER
(2) The Executive Officer shall furnish to the Authority such advice and assistance as the Authority requires and shall perform such other duties as the Authority from time to time directs.
(2) The Executive Officer holds office for such period, not exceeding 5 years, as is specified in his instrument of appointment, but is eligible for re-appointment.
(3) A person who has attained the age of 65 years shall not be appointed or re-appointed as Executive Officer, and a person shall not be appointed or re-appointed as Executive Officer for a period that extends beyond the date on which he will attain the age of 65 years.
(2) The Executive Officer shall be paid such allowances as are prescribed.
(3) This section has effect subject to the
(2) If the Executive Officer—
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(b) is absent from duty, except with the permission of the Authority, for 14 consecutive days or for 28 days in any 12 months; or
(c) engages in paid employment outside the duties of his office without the approval of the Authority,
the Governor-General shall terminate the appointment of the Executive Officer.
(a) there is a vacancy in the office of Executive Officer; or
(b) the Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of his office.
(2) A person acting in accordance with paragraph (1)(a) shall not continue so to act for more than 12 months.
(3) Where a person is acting as Executive Officer in accordance with paragraph (1)(b) and the office of Executive Officer becomes vacant while that person is so acting, the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(4) The Minister may—
(a) determine the terms and conditions (including terms or conditions relating to remuneration and allowances) of appointment of a person to act as the Executive Officer; and
(b) at any time terminate such an appointment.
(5) An acting Executive Officer may resign his office by writing under his hand delivered to the Minister.
(6) While a person is acting as Executive Officer in pursuance of an appointment under this section, he has and may exercise all the powers of, and shall perform all the functions of, the Executive Officer.
(7) The validity of anything done by a person acting under this section shall not be called in question by reason of any defect or irregularity in or in connection with his appointment or on the ground that the occasion for his acting had not arisen or had ceased.
(a) he preserves or retains upon his appointment as Executive Officer the rights in respect of—
(i) leave on the ground of illness;
(ii) long service leave or pay in lieu thereof (including pay to dependants on his death); and
(iii) superannuation,
to which from time to time he would be entitled if he had remained an officer or employee of the Commission and had not been appointed as Executive Officer; and
(b) for the purpose of determining those rights, his service under this Act shall be taken into account as if it were service as an officer or employee of the Commission.
(2) Where the Executive Officer was, immediately before his appointment as Executive Officer, an officer of the Commission then, upon the termination of his employment as Executive Officer, otherwise than by reason of his having been dismissed for misconduct or of his having attained the age of 65 years, he shall be entitled to be appointed by the Commission to an office in the Commission of such status and salary as is determined by the Commission, having regard to the office in the Commission previously vacated by him and the period of his employment as the Executive Officer.
PART V—STAFF
(2) The terms and conditions of service or employment (in respect of matters not provided for by this Act) of persons appointed or engaged under this section are such as are, subject to the approval of the Public Service Board, determined by the Authority.
(3) The Authority may make arrangements with—
(a) the Commission;
(b) the Minister administering a Department; or
(c) an authority (other than the Commission) established under a law of the Commonwealth,
for the services of officers or employees of the Commission, the Department or the authority, as the case may be, to be made available to the Authority.
(2) The terms and conditions of the engagement of a person under sub-section (1) are such as are, subject to the approval of the Public Service Board, determined by the Authority.
PART VI—FINANCE
(2) The Minister for Finance may give directions as to the amounts in which, and the times at which, moneys referred to in sub-section (1) are to be paid to the Authority.
(2) Moneys shall not be expended by the Authority otherwise than in accordance with the estimates of expenditure approved by the Minister.
(2) The Authority shall pay all moneys received by it into an account referred to in this section.
(3) In this section, “approved bank” means the Reserve Bank of Australia or another bank for the time being approved by the Treasurer or a person authorized by the Treasurer to give approvals under this section.
(a) in payment or discharge of the costs, expenses and other obligations of the Authority under this Act; and
(b) in payment of any remuneration and allowances payable to any person under this Act.
(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1).
(3) The Auditor-General shall, at least once in each financial year, report to the Minister the results of the inspection and audit carried out under sub-section (1).
(4) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts and records of the Authority relating directly or indirectly to the receipt or payment of moneys by the Authority, or to the acquisition, receipt, custody or disposal of assets, by the Authority.
(5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts and records.
(6) The Auditor-General or a person authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.
(7) A person who contravenes sub-section (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.
PART VII—MISCELLANEOUS
(a) he retains his existing and accruing rights;
(b) for the purpose of determining those rights, his service under this Act shall be taken into account as if it were service in the Australian Public Service; and
(c) that Act applies as if this Act and this section had been specified in the Schedule to that Act.
(2) For the purpose of this section, a person shall be taken to be a relevant person while—
(a) he holds an appointment as the full-time Chairman of the Authority;
(b) he holds an appointment as the Executive Officer; or
(c) he is an officer or employee of the Authority in pursuance of an appointment or engagement, as the case may be, under section 28.
(2) Before submitting financial statements to the Minister under sub-section (1), the Authority shall submit them to the Auditor-General, who shall report to the Minister—
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records;
(c) whether the receipt and expenditure of moneys, and the acquisition and disposal of assets, by the Authority during the year have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.
(3) The Minister shall cause copies of the report and financial statements of the Authority together with a copy of the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.
(2) The Authority shall, at all times, keep the Minister informed concerning the operations of the Authority.
(a) shall be taken to affect—
(i) the operation of section 5 of the
Parliament Act 1974; or(ii) the functions and powers of the Commission under the
National Capital Development Commission Act 1957 except to the extent to which those functions and powers extend to the design and construction of Parliament House; or(b) shall be taken to authorize a departure from, or the doing of anything inconsistent with, the plan of lay-out of the City of Canberra and its environs published in the
Gazette on 19 November, 1925, as modified or varied, whether before or after the commencement of this Act, in accordance with law.
0
0
0