Parliamentary Service (Consequential Amendments) Act 1997 (Cth)

Parliamentary Service (Consequential Amendments) Act 1997

Act No. 189 of 1997 as amended

This compilation was prepared on 24 January 2000

[This Act was amended by Act No. 145 of 1999]

Amendments from Act No. 145 of 1999

[Schedule 1 amends Title, S. 2, Schedule (items 1, 2, 5–7, 9

and Heading to item 10)

Schedule 1 commenced on 5 December 1999]

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

An Act to make consequential amendments arising from the enactment of the Parliamentary Service Act 1999, and for other purposes

1Short title

This Act may be cited as the Parliamentary Service (Consequential Amendments) Act 1997.

2Commencement

This Act commences at the time when the Parliamentary Service Act 1999 commences.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments and repeal

Archives Act 1983

1. 1

   Section 3 (definition of Parliamentary Department)

   Repeal the definition, substitute:

   Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999.

Audit Act 1901

2

Subsection 2(1)

Insert:

Department of the Parliament means a Department of the Parliament established under the Parliamentary Service Act 1999.

3

Paragraph 12(3)(c)

Repeal the paragraph, substitute:

1. (c)

   in respect of any other Parliamentary Department—the relevant persons are the President of the Senate and the Speaker of the House of Representatives.

4

Subparagraph 48F(11)(b)(iv)

Repeal the subparagraph, substitute:

1. (iv)

   in the case of any other Department of the Parliament—to the President of the Senate and the Speaker of the House of Representatives; and

5

Subsection 53A(4)

Omit “Parliamentary Department for the purposes of subsection 9B(2) of the Public Service Act 1922, the report required by that subsection”, substitute “Department of the Parliament established under the Parliamentary Service Act 1999, the report required by section 57 of that Act”.

Long Service Leave (Commonwealth Employees) Act 1976

1. 6

   Subsection 4(1) (paragraph (c) of the definition of approving authority)

   Omit “the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department”, substitute “a Department of the Parliament established under the Parliamentary Service Act 1999 other than the Department of the Senate and the Department of the House of Representatives”.

7

Subsection 9B(4)

Repeal the subsection, substitute:

1. (4)

   The reference in subsection (1) to an officer or employee of the Parliament is a reference to the Clerk of the Senate, the Clerk of the House of Representatives or the Secretary of another Department of the Parliament established under the Parliamentary Service Act 1999 or a person engaged as an employee under section 22 of that Act.

Maternity Leave (Commonwealth Employees) Act 1973

8

Subsection 5A(1) (definition of Head)

Repeal the definition, substitute:

Head, in relation to a Parliamentary Department, means:

1. (a)

   if the Department is the Department of the Senate—the Clerk of the Senate;

2. (b)

   if the Department is the Department of the House of Representatives—the Clerk of the House; or

3. (c)

   in the case of any other Department—the Secretary of that Department.

9

Subsection 5A(1) (definition of Parliamentary Department)

Repeal the definition, substitute:

Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999.

Public Employment (Consequential and Transitional) Amendment Act 1999

10

Section 12

Repeal the section.

[Minister's second reading speech made in—

House of Representatives on 23 October 1997

Senate on 10 November 1997]