Parliamentary Reform Act 1998 (TAS)

Parliamentary Reform Act 1998

An Act to amend certain Acts to provide for reform of Parliament by a reduction in the number of members of both Houses of Parliament and for related matters

[Royal Assent 27 July 1998]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Parliamentary Reform Act 1998 . 2CommencementThis Act commences on the day after the day on which it receives the Royal Assent. PART 2Amendments to Constitution Act 19343Principal ActIn this Part, the Constitution Act 1934 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by inserting after the definition of Parliament the following definition: Redistribution Tribunal means the Redistribution Tribunal appointed under section 4 of the Legislative Council Electoral Boundaries Act 1995 ; 5Section 8A amended (Limit on number of Ministers of the Crown) Section 8A of the Principal Act is amended as follows: (a) by omitting "10" and substituting "8"; (b) by omitting "9" and substituting "7". 6Section 18AA substituted Section 18AA of the Principal Act is repealed and the following section is substituted: 18AAApplication of Division This Division has effect subject to Part 3 of the Constitution (Legislative Council) Special Provisions Act 1997 until a determination is made by the Redistribution Tribunal under section 29A of the Legislative Council Electoral Boundaries Act 1995 . 7Section 18 substituted Section 18 of the Principal Act is repealed and the following section is substituted: 18Constitution of the Council (1)  The Council is to be constituted of 15 members. (2)  Each member of the Council is to be elected, as provided by this Act, in accordance with the Electoral Act 1985 , to represent a Council division. (3) There are to be 15 Council divisions, the names and boundaries of which are to be as determined under section 25 of the Legislative Council Electoral Boundaries Act 1995 . 8Section 19 amended (Council elections) Section 19 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection: (3) Except as specified in a determination made under section 29A of the Legislative Council Electoral Boundaries Act 1995  – (a) at every alternate periodical election of members of the Council 2 members are to retire and 2 members are to be elected to fill the vacancies so created; and (b) at every other periodical election of members of the Council 3 members are to retire and 3 members are to be elected to fill the vacancies so created. 9Section 20 amended (Quorum of the Council) Section 20(1) of the Principal Act is amended by omitting "9" and substituting "7". 10Section 22 substituted Section 22 of the Principal Act is repealed and the following section is substituted: 22Constitution of the Assembly (1)  The Assembly is to be constituted of 25 members. (2)  Each member of the Assembly is to be elected, as provided by this Act, in accordance with the Electoral Act 1985 , to represent an Assembly division. (3)  For the purpose of returning members to serve in the Assembly, the State is to be divided into 5 divisions, each of which is to return 5 members. (4)  The names of the divisions of the Assembly are Bass, Braddon, Denison, Franklin and Lyons. (5)  The divisions of the Assembly comprise the areas described in Schedule 4 . 11Section 25 amended (Quorum of, and voting in, the Assembly)Section 25 of the Principal Act is amended by omitting from subsection (1) "14" and substituting "10". 12Part III, Division 4: Heading amendedThe heading to Division 4 of Part III of the Principal Act is amended by omitting "Electoral divisions and qualifications" and substituting "Qualifications". 13Section 26 repealed Section 26 of the Principal Act is repealed. 14Section 27 repealed Section 27 of the Principal Act is repealed. 15Schedule 2 repealed Schedule 2 to the Principal Act is repealed. PART 3Amendments to Electoral Act 198516Principal ActIn this Part, the Electoral Act 1985 is referred to as the Principal Act. 17Section 3 amended (Interpretation)Section 3 of the Principal Act is amended by omitting from subsection (3)(c) "7" and substituting "5". 18Section 94 amended (Proceedings after close of nominations for Assembly division) Section 94 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "7" and substituting "5"; (b) by omitting from subsection (2) "7" and substituting "5"; (c) by omitting from subsection (3) "7" and substituting "5". 19Section 96 amended (Certain persons disqualified from being nominated as candidates for election to Council) Section 96 of the Principal Act is amended by inserting after subsection (1) the following subsection: (1A)  Notwithstanding subsection (1)(a) , the nomination of a person as a candidate for election to represent a Council division is not void for the reason that the person is a member of the Legislative Council where his or her term of office as such a member is to cease at the election by the operation of a determination under section 29A(1) of the Legislative Council Electoral Boundaries Act 1995 . 20Section 129 amended (Manner in which vote to be recorded)Section 129 of the Principal Act is amended as follows: (a) by omitting paragraph (a) of subsection (2) and substituting the following paragraph: (a) must record his or her vote for at least 5 candidates by placing the numbers "1", "2", "3", "4" and "5" in the squares on the ballot-paper opposite the names of 5 candidates in the order of his or her preference for them; and (b) by omitting from subsection (2)(b) "8" and substituting "6". 21Section 187 amended (Informal ballot-papers)Section 187 of the Principal Act is amended by omitting from subsection (2) "7", twice occurring, and substituting "5". 22Section 189 amended (Declaration of polling)Section 189 of the Principal Act is amended by omitting from subsection (2) "return the writ" and substituting "forward the writ to the Chief Electoral Officer who must return it". 23Schedule 1 amended (Forms)Form 13 of Schedule 1 to the Principal Act is amended as follows: (a) by omitting "6, 7,"; (b) by omitting "AT LEAST 7" and substituting "AT LEAST 5". PART 4Amendments to Legislative Council Electoral Boundaries Act 199524Principal ActIn this Part, the Legislative Council Electoral Boundaries Act 1995 is referred to as the Principal Act. 25Section 3 amended (Interpretation)Section 3 of the Principal Act is amended as follows: (a) by inserting "(1)" before "In"; (b) by omitting the definition of "average divisional enrolment" and substituting the following definition: average Council division enrolment means the number of electors ascertained in accordance with section 9(3) ; (c) by omitting the definition of "Committee" or "Redistribution Committee" and substituting the following definitions: Committee means the Redistribution Committee; Council division has the same meaning as in the Electoral Act 1985 ; Council division quota means the Council division quota determined under section 12 ; (d) by omitting the definition of "electoral division" and substituting the following definition: electoral division means a Council division; (e) by omitting "an objection against" from the definition of "further objection" and substituting "a comment, suggestion or objection in relation to"; (f) by omitting "an objection against" from the definition of "initial objection" and substituting "a comment, suggestion or objection in relation to"; (g) by omitting the definition of "quota"; (h) by inserting before the definition of "Tribunal" or "Redistribution Tribunal" the following definition: Redistribution Committee means the Redistribution Committee appointed under section 4 ; (i) by inserting the following subsection: (2) The definition of "the Governor" in section 43(1) of the Acts Interpretation Act 1931 does not apply to references to the Governor in this Act. 26Section 4 amended (Appointment of Redistribution Committee and Redistribution Tribunal) Section 4 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1)  In this section, prescribed period means – (a) in the case of the first appointment of the Redistribution Committee after the commencement of the Parliamentary Reform Act 1998 , a period of 30 days from that commencement; and (b) in the case of the first appointment of the Redistribution Tribunal after the commencement of the Parliamentary Reform Act 1998 , a period of 60 days from that commencement; and (c) in the case of any later appointment of the Committee or the Tribunal, a period of 60 days after a recommendation by the Chief Electoral Officer is given to the Minister under section 10(2) . (b) by omitting subsection (3) and substituting the following subsections: (3)  The notice appointing the Redistribution Committee is to specify – (a) the members and alternate members of the Committee in accordance with sections 5 and 7 ; and (b) the purposes for which the Committee is appointed; and (c) such period as, in the opinion of the Governor, may be required for the proper performance of the functions of the Committee. (3A)  The notice appointing the Redistribution Tribunal is to specify – (a) the members and alternate members of the Tribunal in accordance with sections 6 and 7 ; and (b) the purposes for which the Tribunal is appointed; and (c) such period as, in the opinion of the Governor, may be required for the proper performance of the functions of the Tribunal. (c) by omitting from subsection (4) "(3)(d)" and substituting "(3)(c) or (3A)(c)"; (d) by inserting after subsection (4) the following subsection: (4A)  Subsection (4) allows an extension of the period specified in a notice under subsection (3)(c) or (3A)(c) on more than one occasion. (e) by omitting from subsection (5) "(3)(d)" and substituting "(3)(c) or (3A)(c)". 27Section 5 substituted Section 5 of the Principal Act is repealed and the following section is substituted: 5Redistribution Committee (1)  The Redistribution Committee consists of 3 members of whom – (a) one is the Chief Electoral Officer who is to be chairperson of the Committee; and (b) one is the Surveyor-General; and (c) one is a person nominated by the Australian Statistician. (2)  Schedule 1 has effect in relation to the meetings of the Committee. 28Section 6 substituted Section 6 of the Principal Act is repealed and the following section is substituted: 6Redistribution Tribunal (1)  The Redistribution Tribunal consists of the members of the Redistribution Committee and 2 additional members of whom – (a) one is a person who is or has been a judge of the Supreme Court of any State or Territory or of the Federal Court who is to be chairperson of the Tribunal; and (b) one is a person who – (i) has special knowledge of, and experience in, the electoral processes of government relating to the functions of the Tasmanian parliamentary system; and (ii) is not, and has not been, a member of the parliament of the Commonwealth or of a State or Territory or a candidate for election as a member of any such parliament; and (iii) during an extensive period of time has demonstrated that, and has achieved wide public recognition that, he or she has no political affiliations and is capable of discharging his or her duties under this Act with impartiality. (2)  The persons referred to in subsection (1) are to be jointly selected by the President of the Legislative Council, the Speaker of the House of Assembly and the Minister. (3)  The exercise of the powers of the Redistribution Tribunal is not affected by reason only of a change or changes in its membership. (4)  Schedule 2 has effect in relation to the meetings of the Redistribution Tribunal. 29Section 7 amended (Alternate members of Redistribution Committee and Redistribution Tribunal) Section 7(1) of the Principal Act is amended by omitting paragraph (d) . 30Section 7A amended (Filling of casual vacancies) Section 7A of the Principal Act is amended as follows: (a) by omitting from subsection (1) "and approved as mentioned in section 5 " and substituting "as mentioned in section 6 "; (b) by omitting subsection (3) . 31Section 9 amended (Quarterly ascertainment of enrolment, &c.) Section 9 of the Principal Act is amended as follows: (a) by omitting from subsection (2) "commencement of this section and after each quarter day" and substituting "first redistribution after the commencement of the Parliamentary Reform Act 1998 has effect and after each subsequent quarter day"; (b) by omitting from subsection (2)(a) "on that commencement" and substituting "at that first redistribution"; (c) by omitting paragraph (b) of subsection (2) and substituting the following paragraph: (b) determine, as at that first redistribution or quarter day – (i) the average Council division enrolment; and (ii) the extent to which the number of electors enrolled in each Council division differs from the average Council division enrolment. (d) by omitting subsection (3) and substituting the following subsection: (3)  The average Council division enrolment is the nearest whole number ascertained by dividing the number of electors enrolled in the State by the number of Council divisions. 32Section 10 amended (Commencement of redistributions) Section 10 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "and the Redistribution Tribunal"; (b) by omitting from subsection (2)(b) "and the Redistribution Tribunal". 33Section 11 repealed Section 11 of the Principal Act is repealed. 34Section 12 substituted Section 12 of the Principal Act is repealed and the following section is substituted: 12Quota of electors (1)  For the purpose of each redistribution of the State, the Chief Electoral Officer must determine, as at a date nominated by the Chief Electoral Officer, the Council division quota in accordance with subsection (2) and publish notice of the determination in accordance with section 30 . (2)  The Council division quota is the average Council division enrolment as at the date nominated by the Chief Electoral Officer under subsection (1) . 35Section 13 amended (Redistribution Committee to make initial redistribution proposal)Section 13 of the Principal Act is amended as follows: (a) by omitting subsections (1), (2) and (3) and substituting the following subsections: (1) The Redistribution Committee must, in accordance with this Part, make an initial proposal for redistribution of the State into the number of Council divisions specified in section 18 of the Constitution Act 1934 . (2)  In making an initial redistribution proposal, the Redistribution Committee must take into account the following priorities: (a) the first priority is to ensure, as far as practicable, that, if the State were redistributed in accordance with the initial redistribution proposal, the number of electors enrolled in each Council division would not, 4 years and 6 months after the redistribution, be less than 90% or more than 110% of the average Council division enrolment; (b) the second priority is the community of interest within each Council division. (3)  After taking into account the priorities specified in subsection (2) , the Redistribution Committee must consider, in the case of each Council division, the following matters: (a) the means of communication and travel within the division; (b) the physical features and area of the division; (c) existing electoral boundaries; (d) distinct natural boundaries. (3A)  Subject to subsection (2) , the Committee is to give such weight as it determines to the matters specified in subsection (3) . (b) by omitting from subsection (4) "quota" twice occurring and substituting "Council division quota". 36Section 15 amended (Notice of initial redistribution proposal)Section 15 of the Principal Act is amended as follows: (a) by omitting subparagraph (i) of subsection (1)(b); (b) by omitting from subsection (1)(c) "suggestions, comments,". 37Section 17 amended (Objections in relation to initial redistribution proposal) Section 17 of the Principal Act is amended by omitting "objection against" and substituting "comment, suggestion or objection in relation to". 38Section 18 amended (Consideration of initial objections) Section 18 of the Principal Act is amended by omitting subsection (3) and substituting the following subsections: (3)  The Redistribution Tribunal must hold an inquiry into an initial objection unless it is of the opinion that the objection is frivolous or vexatious. (4)  The Redistribution Tribunal may hold one inquiry into a number of initial objections. 39Section 19 amended (Notice of inquiries) Section 19(2)(c) of the Principal Act is amended by omitting subparagraph (i) and substituting the following subparagraph: (i) the right of a person or organisation to make an initial objection to the Redistribution Tribunal; and 40Section 20 amended (Procedure at inquiries) Section 20 of the Principal Act is amended as follows: (a) by omitting subsection (2) and substituting the following subsection: (2)  At an inquiry by the Redistribution Tribunal into an initial objection any person or organisation that lodged an objection has a right to be heard. (b) by omitting from subsection (3) "all the suggestions and comments relating to the initial redistribution proposal and". 41Section 25 amended (Redistribution of State) Section 25 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1)  The Redistribution Tribunal must, in accordance with subsection (3) , determine, by notice published in accordance with section 30 , the names and boundaries of the Council divisions into which the State is to be distributed and those divisions are, until altered by determination under this subsection, to be the divisions. (b) by omitting subsection (4) and substituting the following subsection: (4)  The notice published pursuant to subsection (1) is to include the substance of the Tribunal’s findings or conclusions concerning the initial objections and any further objections. 42Section 27 amended (Copies of certain documents to be forwarded to both Houses of Parliament) Section 27 of the Principal Act is amended as follows: (a) by omitting paragraphs (a) and (b) of subsection (1); (b) by omitting from subsection (2) "suggestions, comments,". 43Section 28 amended (Decisions and determinations under this Part final, &c.)Section 28 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or determination made" after "decision"; (b) by inserting in subsection (3) "or determination" after "decision" (twice occurring). 44Section 29 substituted Section 29 of the Principal Act is repealed and the following section is substituted: 29Effective date of redistribution (1)  A redistribution of the State under section 25 takes effect, subject to subsection (2) , on and from the date of the determination of the Redistribution Tribunal under that section. (2)  Except as provided in the determination of the Redistribution Tribunal under section 29A , a redistribution does not affect the election of a member to fill a vacancy in the Legislative Council until 1 July following that determination. 45Division 5A insertedAfter section 29 of the Principal Act, the following Division is inserted: Division 5ADetermination of transition arrangements to implement redistribution of State in respect of Legislative Council 29ATransition arrangements to implement the redistribution of the State in respect of the Legislative Council (1)  The Redistribution Tribunal must determine the transition arrangements to implement the redistribution of the State in respect of the Legislative Council. (2)  In the case of the first determination following the commencement of the Parliamentary Reform Act 1998 , the determination made under subsection (1) is to contain provisions to implement the reduction of the number of members of the Legislative Council from 19 to 15. (3)  The reduction referred to in subsection (2) is to be completed by no later than the completion of the third annual periodical election conducted after the first determination following the commencement of the Parliamentary Reform Act 1998 . (4)  In making its determination under subsection (1) , the Redistribution Tribunal must ensure that the annual periodical cycle of elections for Council divisions specified in section 19 of the Constitution Act 1934 takes effect as soon as practicable after its determination. (5)  In making its determination under subsection (1) , the Redistribution Tribunal has power to – (a) allocate a member to a Council division; and (b) reduce or extend the term of a member of the Legislative Council; and (c) determine the year of the periodical election at which a member is to retire; and (d) establish the periodical cycle of elections for Council divisions; and (e) for the purpose of establishing a periodical cycle of elections for Council divisions, specify a term of less than 6 years in respect of a member for a Council division; and (f) fix the amount of compensation payable, if any, to a member of the Legislative Council in respect of the reduction of his or her term as a member; and (g) determine the effect, if any, on compensation payable to a member under paragraph (f) who is elected to represent a Council division or an Assembly division after the member’s term has ceased by operation of a determination under section 29A(1) ; and (h) in the case of the first determination next following the commencement of the Parliamentary Reform Act 1998 , specify, for each year until the number of members of the Council is reduced to 15, the number of members including the President, or the person chosen to preside in his or her absence, who must be present for the Council to be competent to despatch any business. (6)  Nothing in subsection (5) empowers the Redistribution Tribunal to make a determination which requires a simultaneous election for all Council divisions. (7)  The number of members specified by the Tribunal under subsection (5)(h) is not to be less than 7 and not to exceed 9. (8)  Without limiting subsection (5) , the Redistribution Tribunal has power to do anything necessary or convenient to enable it to perform its functions under subsection (1) . (9)  In performing its functions under subsection (1) , the Redistribution Tribunal is to take into consideration and give such weight as it considers necessary to the following matters: (a) the continuity of members’ 6-year terms; (b) the continuity of representation in respect of both members and electors; (c) the periodical cycle of concurrent elections in Council divisions not generally sharing a common boundary; (d) the principle that a member will generally be allocated to a new Council division where the electors from the member’s current division comprise the greater number of electors in the new division; (e) fairness and equity; (f) any other matters that it considers relevant. (10)  In exercising its power under subsection (5)(f) , the Redistribution Tribunal is, in addition to the matters specified in subsection (9)(e) and (f) , to take into consideration and give such weight as it considers necessary to the following matters: (a) the extent of the reduction of a member’s term; (b) the effect of the reduction on the superannuation entitlements of a member. 29BNotice of hearing (1)  As soon as practicable after it makes its determination under section 25 , the Redistribution Tribunal must give reasonable notice, published in accordance with section 30 , of its intention to hold a hearing into matters relating to transition arrangements to implement the redistribution of the State in respect of the Legislative Council and the time and place at which the hearing is to commence. (2)  The notice referred to in subsection (1) is to include an invitation to any person to appear at the hearing or make a written submission relating to the transition arrangements referred to in subsection (1) before the date of the hearing. 29CProcedure at hearing (1)  Subject to subsection (3) , a hearing referred to in section 29B is to be held in public. (2)  The Redistribution Tribunal is not bound by the rules of evidence and may regulate the conduct of proceedings at a hearing as it thinks fit. (3)  Subsections (6) , (7) , (8) and (9) of section 20 apply to a hearing conducted under section 29B as if it were an inquiry held under section 20 . 29DRedistribution Tribunal to make initial transition proposal As soon as practicable after the hearing is held, the Redistribution Tribunal is to make an initial transition proposal in respect of the new Council divisions determined under section 25 . 29EReasons for initial transition proposal (1)  The Redistribution Tribunal must state, in writing, the reasons for an initial transition proposal made by it under section 29D . (2)  A member of the Redistribution Tribunal who disagrees with an initial transition proposal may state in writing the reasons for his or her disagreement. 29FNotice of initial transition proposal (1)  The Redistribution Tribunal must, as soon as practicable after it has made an initial transition proposal – (a) cause a copy of – (i) the initial transition proposal; and (ii) its reasons for the initial transition proposal; and (iii) if a member of the Tribunal has stated in writing reasons for his or her disagreement with the initial transition proposal, those reasons – to be made available for perusal and supply at each public office; and (b) by notice, published in accordance with section 30 , invite public attention to the availability for perusal and supply of copies of the initial transition proposal. (2)  A notice published under subsection (1)(b) is to include a statement to the effect that a person or organisation may, within the period of 14 days after publication, lodge with the Redistribution Tribunal a written comment, suggestion or objection in relation to the initial transition proposal. 29GConsideration of comments, suggestions and objections (1)  The Redistribution Tribunal must consider the comments, suggestions and objections received in accordance with section 29F . (2)  The Redistribution Tribunal may hold an inquiry into the matters raised in the comments, suggestions and objections. 29HNotice of inquiries (1)  Before the Redistribution Tribunal commences an inquiry under section 29G , it must give reasonable notice, published in accordance with section 30, of its intention to hold the inquiry, the subject of the inquiry and the time and place at which the inquiry is to commence. (2)  A notice under subsection (1) is to specify that – (a) the initial transition proposal; and (b) the Tribunal’s reasons for the initial transition proposal; and (c) if a member of the Tribunal has stated in writing reasons for his or her disagreement with the initial transition proposal, those reasons – are available for perusal and supply at each public office. 29IProcedure at transition inquiry (1)  Subject to subsection (3) , an inquiry referred to in section 29G is to be held in public. (2)  The Redistribution Tribunal is not bound by the rules of evidence and may regulate the conduct of proceedings at an inquiry as it thinks fit. (3)  Subsections (6) , (7) , (8) and (9) of section 20 apply to an inquiry held under this section as if it were an inquiry held under section 20 . 29JTransition determination (1)  The Redistribution Tribunal must make a determination under section 29A as soon as practicable after the completion of its deliberations. (2)  The Redistribution Tribunal must publish its determination made under section 29A in a notice. (3)  The determination referred to in subsection (1) takes effect on the date of its publication in the Gazette. 29KReasons for transition determination made by Redistribution Tribunal (1)  The Redistribution Tribunal may state, in writing, the reasons for the determination made by it under section 29A . (2)  A member of the Redistribution Tribunal who disagrees with the determination may state in writing the reasons for his or her disagreement. 29LCopies of documents relating to transition determination to be forwarded to both Houses of Parliament (1)  The Redistribution Tribunal must, as soon as practicable after it makes a determination under section 29A , forward to the President of the Legislative Council and the Speaker of the House of Assembly a copy of – (a) the written submissions relating to the transition arrangements to implement the redistribution of the State in respect of the Legislative Council made in accordance with section 29B ; and (b) the comments, suggestions and objections lodged with the Tribunal under section 29F ; and (c) the initial transition proposal made by the Tribunal and its reasons for it; and (d) if a member of the Tribunal has stated in writing reasons for his or her disagreement with the initial transition proposal, those reasons; and (e) the written record (if any) of the proceedings at any hearing held by the Tribunal under section 29B and any inquiry held by the Tribunal under section 29G ; and (f) the determination of the Tribunal under section 29A and its reasons for the determination; and (g) if a member of the Tribunal has stated in writing the reasons for his or her disagreement with its determination, those reasons. (2)  The President of the Legislative Council and the Speaker of the House of Assembly must cause the copies of the written submissions, suggestions, comments, initial transition proposal, reasons, objections, written record and determination referred to in subsection (1) to be laid before the appropriate House of Parliament on the next sitting-day of that House after receiving them. 46Schedule 1 amended (Meetings of Redistribution Committee)Schedule 1 to the Principal Act is amended by omitting clause 1 and substituting the following clause: 1.   The chairperson of the Redistribution Committee may convene a meeting of the Redistribution Committee at any time. 47Schedule 2 amended (Meetings of Redistribution Tribunal)Schedule 2 to the Principal Act is amended by inserting in clause 7 "or 29A" after "25(1)". PART 5Amendments to Parliamentary Salaries and Allowances Act 197348Principal ActIn this Part, the Parliamentary Salaries and Allowances Act 1973 is referred to as the Principal Act. 49Section 3 amended (Interpretation)Section 3 of the Principal Act is amended as follows: (a) by omitting "Committee." from the definition of "terms of reference" and substituting "Committee;"; (b) by inserting after the definition of "terms of reference" the following definition: Tribunal means the Allowances Tribunal referred to in section 8 . 50Sections 8 , 9 , 10 and 11 insertedAfter section 7 of the Principal Act , the following sections are inserted: 8Allowances Tribunal (1)  The Allowances Tribunal is established. (2)  The Tribunal consists of – (a) the President of the Tasmanian Industrial Commission who is to be the chairperson; and (b) the Deputy Presidents of the Tasmanian Industrial Commission. 9Functions of Tribunal (1) As soon as practicable after the first determination of the Redistribution Tribunal under section 25 of the Legislative Council Electoral Boundaries Act 1995 following the commencement of the Parliamentary Reform Act 1998 , the Tribunal is to determine electorate allowances payable to all members of the Legislative Council. (2)  In making its determination under subsection (1) the Tribunal is to – (a) have regard to the determination of the Redistribution Tribunal referred to in subsection (1) and the determination of the Redistribution Tribunal made under section 29A(1) of the Legislative Council Electoral Boundaries Act 1995 ; and (b) consult with the members of the Redistribution Tribunal in relation to the nature of the new divisions. (3)  The determination made under subsection (1) has effect in relation to the Council divisions specified in the determination of the Redistribution Tribunal under section 25 of the Legislative Council Electoral Boundaries Act 1995 . 10Publication of Tribunal's determination The Tribunal must, as soon as practicable after making its determination under section 9 , cause the determination to be published in the Gazette. 11Determination of Tribunal not subject to challenge The determination of the Tribunal under section 9 may not be challenged, reviewed, quashed or called into question before any court or in any legal proceedings in the nature of prohibition, mandamus, certiorari or otherwise. PART 6Savings and transitional provisions51Application of amendments to Constitution Act 1934 (1)  The amendments to the Constitution Act 1934 effected by Part 2 do not apply to the Legislative Council until the first determination of the Redistribution Tribunal under section 29A of the Legislative Council Electoral Boundaries Act 1995 following the commencement of this Act. (2)  Notwithstanding the amendments to the Constitution Act 1934 effected by Part 2, the provisions of that Act in respect of the Legislative Council, as in force immediately before the commencement of this Act, continue in force until the first determination of the Redistribution Tribunal under section 29A of the Legislative Council Electoral Boundaries Act 1995 following the commencement of this Act. (3)  After the determination referred to in subsection (1) , the amendments to the Constitution Act 1934 effected by Part 2 have effect subject to that determination. (4)  The amendments to the Constitution Act 1934 effected by Part 2, other than those which apply to the Legislative Council, do not apply until the next expiration or dissolution of the House of Assembly. (5)  Notwithstanding the amendments to the Constitution Act 1934 effected by Part 2, the provisions of that Act, as in force immediately before the commencement of this Act, other than those which apply to the Legislative Council, continue in force until the next expiration or dissolution of the House of Assembly. (6)  Notwithstanding subsections (1) , (2) , (4) and (5) , the amendments to the Constitution Act 1934 effected by Part 2 do apply to the extent that is necessary or expedient for the purpose of bringing the amendments effected by this Act into operation or giving them full effect. 52Application of amendments to Electoral Act 1985The amendments to the Electoral Act 1985 effected by Part 3 do not apply in relation to an election for the House of Assembly held before the next expiration or dissolution of that House. 53Continuation of Council member as Minister of the CrownWhere, in any year, the term of a member of the Legislative Council who holds office as a Minister of the Crown ceases by virtue of a determination of the Redistribution Tribunal under section 29A of the Legislative Council Electoral Boundaries Act 1995 , he or she may continue in the office of Minister of the Crown until the expiration of the period of 7 days following the day of the return of the writs for the periodical election of members of the Council in that year. 54Continuation of Council member as Secretary to CabinetWhere, in any year, the term of a member of the Legislative Council who holds office as Secretary to Cabinet ceases by virtue of a determination of the Redistribution Tribunal under section 29A of the Legislative Council Electoral Boundaries Act 1995 , he or she may continue in the office of Secretary to Cabinet until the expiration of the period of 7 days following the day of the return of the writs for the periodical election of members of the Council in that year. PART 7Miscellaneous55Regulations of savings or transitional nature (1)  The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act. (2)  A provision referred to in subsection (1) may, if the regulations so provide, take effect from the day on which this Act receives the Royal Assent or a later date. 56Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Premier; and (b) the Department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.

[Second reading presentation speech made in:

House of Assembly on 21 MAY 1998

Legislative Council on 22 JUNE 1998]