Public Accounts Committee Act 1988 (Qld)

1014 ANNO TRICESIMO SEPTIMO ELIZA ET AE SECUNDAE REGINAE I;1O. Cza c: An Act to provide for a Parliamentary Committee of Public Accounts and for other purposes [ASSENTED TO 18TH N OVEMBER, 1988]

Public Accounts Committee Act 1988, No. 84 1015 BE IT ENACTED by the Queen's Most Excellent Majesty , by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Public Accounts Committee Act 1988. 2. Commencement . ( 1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection ( 1), the provisions of this Act shall commence on a day appointed by Proclamation . The day so appointed is in this Act called the commencement of this Act. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY (ss. 1-4); PART II-CONSTITUTION AND MEETINGS OF PARLIAMENTARY COMMITTEE OF PUBLIC ACCOUNTS ( ss. 5-12); PART III-FUNCTIONS AND POWERS OF THE COMMITTEE (ss. 13-32); Division 1- Functions and Powers Generally ( ss. 13-18); Division 2-Powers to Require Information ( ss. 19-25); Division 3-Hearings by the Committee (ss. 26-32); PART IV-CONTEMPT OF THE COMMITTEE (ss. 33-35); PART V-MISCELLANEOUS PROVISIONS ( ss. 36-45). 4. Interpretation . (1) In this Act, unless the contrary intention appears- "chairman" means- in relation to the Committee , the chairman for the time being of the Committee; in relation to a sub-committee , the chairman for the time being of the sub-committee, and includes the deputy chairman or other temporary chairman when acting as the chairman; "Committee" means the Parliamentary Committee of Public Accounts for the time being constituted under this Act; "Crown Law Officer" means the Attorney- General or the Solicitor- General; "member" means a member of the Committee; "Minister " means the Premier and includes the Minister of the Crown who is temporarily performing the duties of the Minister;

1016 Public Accounts Committee Act 1988, No. 84 "Parliamer,.ary Service" means the Parliamentary Service established under the Parliamentary Service Act 1988; "Parliamentary Service Commission" means the Parliamentary Service Commission established by the Parliamentary ServiceAct 1988; "review" includes examine and inquire; "Speaker" means the Speaker for the time being of the Legislative Assembly or if there is no Speaker the Acting Speaker for the time being of the Legislative Assembly; "sub-committee" means a sub-committee for the time being appointed by the Committee. (2) In this Act, unless the contrary intention appears, where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings. PART II-CONSTITUTION AND MEETINGS OF PARLIAMENTARY COMMITTEE OF PUBLIC ACCOUNTS 5. Constitution and appointment of Committee . (1) There shall be a Committee, to be called the "Parliamentary Committee of Public Accounts". (2) Forthwith after the commencement of this Act, and forthwith after the commencement of the first session of each Parliament after the commencement of this Act, the Committee shall be appointed. (3) The Committee shall consist of seven Members of the Legislative Assembly who shall be appointed by the Legislative Assembly and of whom- (a) not more than four shall be nominated for appointment by the Minister of the Crown who is recognized in the Legislative Assembly as the Leader of the House; and (b) not less than two shall be nominated by the Leader of the Opposition in the Legislative Assembly. (4) A Minister of the Crown shall not be a member of the Committee. (5) The practice of the Legislative Assembly in relation to the appointment of members of Select Committees to the extent that that practice does not conflict with the provisions of this Act shall apply in respect of the appointment of members of the Committee. 6. Committee taken to be Select Committee. The Standing Rules and Orders of the Legislative Assembly relating to Select Committees shall apply in relation to the Committee and the conduct of its business as if the committee were a Select Committee of the Assembly, subject to the provisions of this Act.

Public Accounts Committee Act 1988, No. 84 1017 7. Term of Committee . (1) The members of the Committee shall go out of office upon the dissolution or expiration of the term of the Legislative Assembly. (2) Subsection (1) does not prevent a member being re-appointed a member of the Committee. 8. Casual vacancies . (1) The seat of a member of the Committee shall become vacant if- (a) he dies; (b) he delivers to the Speaker or, if the office of Speaker is vacant, to The Clerk of the Parliament, his resignation in writing signed by him; (c) he ceases to be a member of the Legislative Assembly; (d) he becomes a Minister of the Crown; (e) he is absent without the approval by resolution of the Committee from three consecutive duly summoned meetings of the Committee; or (f) he is removed from office by resolution of the Legislative Assembly. (2) Subject to section 5, the Legislative Assembly may appoint one of its members to fill a casual vacancy in the membership of the Committee. 9. Chairman and Deputy Chairman . (1) Upon each appointment of the Committee, the members shall appoint a member to be chairman of the Committee and another member to be deputy chairman of the Committee. (2) (a) The chairman shall preside at all meetings of the Committee at which he is present. (b) In the absence of the chairman, the deputy chairman shall preside at meetings of the' Committee at which he is present. (c) In the absence of the chairman and the deputy-chairman at any meetings at which a quorum is present, the members in attendance may appoint one of their number then present to be temporary chairman during that absence. (3) A person who pursuant to subsection (2) (b) or (c) presides at a meeting of the Committee may act as chairman and shall have all the powers conferred bn the chairman by this Act. 10. Quorum and voting . (1) Subject to subsection (2), four members of the Committee shall form a quorum thereof. (2) When the Committee meets for the consideration of a proposed report to Legislative Assembly, the quorum shall consist of not less than five members.

1018 Public Accounts Committee Act 1988, No. 84 (3) All questions to be decided by the Committee shall be decided by a majority of the votes of the members present. (4) The chairman shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote. 11. Meeting times. The Committee may sit and transact business at any time while the Legislative Assembly is not sitting and, with the leave of the Legislative Assembly, at any time while the Legislative Assembly is sitting. 12. Evidence and procedure . The Committee is not bound by the rules or practice as to evidence and may exercise its functions without formality or technicality and may inform itself on any matter in such manner as it considers appropriate. PART 111-FUNCTIONS AND POWERS OF THE COMMITTEE Division 1-Functions and Powers Generally 13. Functions of the Committee . (1) The functions of the Committee are- (a) to review annual financial statements and other financial reports and documents, whether or not those documents are associated with, explanatory of or supplementary to those financial statements and reports for financial years, which have been laid before the Legislative Assembly in accordance with the provisions of the FinancialAdministration and Audit Act 1977-1988 or any other Act or law or direction issued thereunder to the extent that those statements, reports and documents relate to matters occurring on or after 1 December 1987, including- (i) the Treasurer's Annual Statement; (ii) the departmental statements of the accounts subsidiary to the public accounts; (iii) statements of the miscellaneous departmental accounts; (iv) annual financial statements of statutory bodies within the meaning of the Financial Administration and Audit Act1977-1988 and of other authorities constituted by or under any other Act; (v) the Estimates of the Probable Ways and Means and Expenditure of the Government and associated budget documents; (vi) annual and other reports by the Auditor-General; (vii) annual and other reports by or on behalf of the State, its departments, statutory bodies and agencies; (b) subject to subsection (2), to examine and inquire into any matter relevant to a financial statement or other financial report or document referred to in paragraph (a) or to which paragraph (a) would refer if, as required by law, that financial

Public Accounts Committee Act 1988, No. 84 1019 statement or other financial report or document, were tabled before the Legislative Assembly- (i) identified by the Committee in the Committee's review thereof; (ii) on the Committee's own initiative; (iii) referred to the Committee by a resolution of the Legislative Assembly; (iv) referred to the Committee by Order in Council, which in the opinion of the Committee, have or could have adverse implications in respect of- (v) the probity, economy, efficiency and effectiveness of the collection and expenditure of moneys and the management and control of assets and liabilities; (vi) the appropriateness and adequacy of accountability processes (including the form and content of financial and other reports to the Legislative Assembly) in relation thereto; (c) to report to the Legislative Assembly on all matters referred to the Committee by it or by Order in Council and, from time to time, on any matters arising from the Committee's examinations and inquiries which, in the opinion of the Committee, are of sufficient significance to warrant a report; (d) to bring to the notice of the Auditor-General any matter arising from its examinations and inquiries which, in the opinion of the Committee, might appropriately be considered by him for action in accordance with his prescribed powers and responsibilities. (2) The functions of the Committee shall not extend to review, examination, inquiry or report in respect of any matter of policy or any matter related to the Estimates of the Probable Ways and Means and Expenditure of the Government in respect of any proposed expenditures or revenues of the State or its departments, statutory bodies or agencies, unless that matter has been specifically referred to it by resolution of the Legislative Assembly or by Order in Council. (3) Nothing in subsection (1) shall prevent the consideration by the Committee of any matter included in any financial statement or financial report or document for a financial year commencing before 1 December 1987 which has or may have a continuing effect on the financial administration, including receipt, control, issue or payment, of public moneys. 14. Incidental powers . The Committee has power to do all acts and things necessary to be done for or in connexion with or reasonably incidental to the discharge of any of its functions and the conferment by this Act on the Committee of any specific powers shall not be taken to limit by implication the generality of this section.

1020 Public Accounts Committee Act 1988, No. 84 15. Sub - committees . (1) The Committee may appoint sub-committees of not less than three members of the Committee, of whom one shall be appointed by the Committee as chairman of the sub-committee, to inquire into and report to the Committee upon such matters with which the Committee is concerned as the Committee directs. (2) A majority of the members of a sub-committee shall constitute a quorum. (3) A question arising at a meeting of a sub-committee shall be determined by a majority of the votes of the members of the sub- committee present and voting and, in the event of an equality of votes, the chairman shall have an additional or casting vote. (4) A sub-committee shall, in relation to a matter which has been referred to the sub-committee for inquiry and report, hold, enjoy and exercise all the privileges, immunities and powers (other than under this section) of the Committee. (5) A sub-committee shall report in writing to the Committee as soon as practicable on each matter referred to the sub-committee. If a member of a sub-committee dissents from the determination of the sub-committee, the report shall include a report of the views of that member. (6) The Committee may adopt a report of a sub-committee or reject the report or adopt the report with variations. (7) A sub-committee may sit at any time notwithstanding that the Committee is sitting at the same time. 16. Continuance of evidence . Where the Committee or sub-committee as constituted at any time has taken evidence in relation to a matter, but the Committee or sub-committee as so constituted has ceased to exist before reporting on the matter, the Committee or, as the case may be, sub-committee as constituted at any subsequent time, whether during the life of the same Parliament or of another Parliament may consider that evidence as if it had been given before it. 17. Annual report. By such date as the Legislative Assembly by resolution determines, or in the absence of such a determination, as soon as practicable after the end of each year ending with 30 June- (a) the Committee shall prepare a report in writing on the operations of the Committee during that year; and (b) the chairman of the Committee shall lay the report before the Legislative Assembly. 18. Committee to table report on each matter . (1) Within 14 sitting days of the chairman of the Committee signing a report upon any matter with which the Committee is concerned the report shall be tabled in the Legislative Assembly.

Public Accounts Committee Act 1988, No. 84 1021 (2) If, at the time at which the Committee seeks to report to the Legislative Assembly in accordance with subsection ( 1), the Legislative Assembly is not sitting , the Committee shall transmit its report to The Clerk of the Parliament. (3) Where the Committee has, in accordance with subsection (2), transmitted a report to The Clerk of the Parliament , the report shall - (a) be deemed to have been transmitted to the Legislative Assembly and to have been laid before the Legislative Assembly; (b) be printed by the authority of The Clerk of the Parliament; (c) be deemed to be a document published by order or under the authority of the Legislative Assembly; and (d) be recorded in the Votes and Proceedings of the Legislative Assembly on the first sitting day of the Legislative Assembly after receipt of the report by The Clerk of the Parliament. Division 2-Powers to Require Information 19. Power to obtain information . (1) For the purposes of a review, the Committee may, by notice in writing served on a department, statutory body or agency of the State or public official, require the department, statutory body or agency of the State or official to produce a statement of information relevant to that review. (2) A notice under subsection ( 1) shall- (a) specify or describe the general nature of the information sought; (b) fix a time and place for compliance; and (c) specify the member or members or other person assisting the Committee to whom the statement of information is to be produced. (3) A notice under subsection ( 1) may provide that its requirement may be satisfied by some person acting on behalf of the department, statutory body or agency of the State or public official. 20. Power to obtain documents etc. (1) For the purposes of a review, the Committee may, by notice in writing served on a person, require the person- (a) to attend , at a time and place specified in the notice, before the Committee or a specified member or members or other person assisting the Committee; and (b) to produce at that time and place to the Committee or the specified member or members or other person assisting the Committee a document or thing specified in the notice.

1022 Public Accounts Committee Act 1988, No. 84 (2) A notice under subsection (1) may provide that its requirement may be satisfied by some other person acting on behalf of the person to whom the notice is directed. 21. Privilege as regards information , documents etc. (1) This section applies where under section 19 or 20 the Committee requires a person or body- (a) to produce a statement of information; or (b) to produce a document or thing. (2) The Committee shall set aside the requirement if it appears to the Committee that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist a like requirement and it does not appear to the Committee that the person consents to compliance with the requirement. 22. Certain evidence not admissible if against public interest. The Committee is not authorized to require the production to the Committee of any information (whether by way of oral or written statement or the production of any book, document, writing, record, property or thing) where that information has been- (a) certified by a Crown Law Officer to be information which, if it were sought in a court, would be a proper matter in respect of which to claim Crown privilege; or (b) certified by the responsible Minister of the Crown, with the approval of a majority of the Ministers of the Crown, to be information such that its disclosure would be against the public interest. 23. Secrecy provisions of Financial Administrationand Audit Act preserved . The Committee is not authorized to require any person to act in breach of any provision of the Financial Administration andAudit Act 1977-1988 which casts a duty to preserve secrecy with respect to any matter or thing. 24. Self-incrim ination. (1) This section applies where the Committee requires a person- (a) to produce a statement of information; (b) to produce a document or thing; or (c) to answer any question. (2) A person shall not be required to produce the statement of information, document or other thing or answer any question if he objects to its production or to answering the question on the ground that it tends to incriminate him.

Public Accounts Committee Act 1988, No. 84 1023 (3) A statement, document or thing (if produced) or an answer (if given) may however be used for the purposes of the review concerned, notwithstanding any such objection. 25. Powers exercisable whether or not hearings being held . Powers may be exercised under sections 19, 20 and 24 in relation to a review whether or not a hearing before the Committee is being held for the purposes of the review. Division 3-Hearings by the Committee 26. Hearings. For the purposes of a review, the Committee may hold hearings. 27. Public and private hearings . (1) A hearing shall be held in public, unless the Committee directs that the hearing be held in private. (2) If the Committee directs that a hearing be held in private, the Committee may direct as to the persons who may be present at the hearing. (3) At a hearing held in public, the Committee may direct that the hearing or part of the hearing be held in private and direct as to the persons who may be present at the hearing of that part. (4) The Committee shall not give a direction under this section that a hearing or part of a hearing be held in private unless the Committee is satisfied that it is desirable to do so in the public interest for reasons connected with the subject-matter of the review or the nature of the evidence to be given. 28. Power to summon witnesses and take evidence . (1) The chairman may summon a person to appear before the Committee at a hearing at a time and place named in the summons- (a) to give evidence; or (b) to produce such documents or things as are referred to in the summons, or both. (2) The chairman may require a person appearing at the hearing to produce a document or thing. (3) The Committee may, at a hearing, take evidence on oath or affirmation and for that purpose- (a) the chairman may require a person appearing at the hearing to give evidence either to take an oath or to make an affirmation in a form prescribed by law or, if in a particular case that form is inappropriate, in a form approved by the chairman; and

1024 Public Accounts Committee Act 1988, No. 84 (b) the chairman or a person authorized for the purpose by the chairman, may administer an oath or affirmation to a person appearing at the hearing. (4) A witness who has been summoned to attend before the Committee shall appear and report himself from day to day, unless the witness is excused from attendance , until the witness is released from further attendance by the chairman. (5) A person who, without being so excused or released , fails to appear and report shall be taken to have failed to appear before the Committee in obedience to the summons. 29. Compellability of witnesses . (1) Except when otherwise provided by sections 22, 23 and 24, a witness summoned to attend or appearing before the Committee at a hearing is not entitled to refuse- (a) to be sworn or to make an affirmation; (b) to remain silent with respect to any matter relevant to the matter under review when the chairman requires the witness to give evidence with respect to that matter; (c) to answer any question relevant to the matter under review that is put to the witness by a member; or (d) to produce any document or thing relevant to the matter under review in the witness ' custody or control that the witness is required by the summons or by the chairman to produce. (2) A witness summoned to attend or appearing before the Committee at a hearing is not excused from- (a) giving evidence with respect to any matter relevant to the matter under review when the chairman requires the witness to give evidence with respect to that matter; or (b) answering any question or producing any document or thing relevant to the matter under review, on any ground of privilege, on the ground of a duty of secrecy or other restriction on disclosure or on any other ground except where section 22, 23 or 24 applies. (3) Any evidence given , answer made or document or thing produced by a witness at a hearing before the Committee is not ( except as otherwise provided in this section ) admissible in evidence against the witness in any civil or criminal proceedings. (4) Nothing in this section makes- (a) any evidence, answer, document or thing inadmissible in proceedings for an offence referred to in section 37 or in proceedings for contempt under this Act; (b) any evidence, answer, document or thing inadmissible in any civil or criminal proceedings if the witness has not

Public Accounts Committee Act 1988, No. 84 1025 objected to giving the evidence, making the answer or producing the document or other thing at the hearing before the Committee irrespective of the provisions of subsection (3); (c) any document or thing inadmissible in any civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing; or (d) any document or thing inadmissible in any criminal proceedings where that document or thing is produced in those proceedings by a person who has custody of that document or thing otherwise than on behalf of the Committee. 30. Declaration as to objections by witness . The chairman may declare that the whole or specified parts of evidence given by a witness or that all or any classes of answers given by a witness or that all or any classes of documents or other things produced by a witness will be regarded as having been given or produced on objection by the witness, and there is accordingly no need for the witness to make objection in respect of each part of evidence or each answer, document or other thing. 31. Attendance of prisoner before Committee . (1) If the chairman requires the attendance at a hearing before the Committee of a prisoner or security patient, the chairman may, by order in writing served on the appropriate superintendent, direct the superintendent to produce the prisoner or security patient at the time and place stated in the order. (2) An order served under subsection (1) is sufficient warrant or authority to the superintendent for producing as directed by the order the prisoner or security patient, who shall be produced accordingly. (3) A prisoner or security patient produced from custody pursuant to an order made under subsection (1)- (a) shall be returned to that custody as soon as practicable after each appearance of him before the Committee; and (b) shall be taken to be in the lawful custody of the person in whose keeping he is for the purpose of his being so produced and to continue in that lawful custody until he is returned to the custody from which he was produced. 32. Reimbursement of witness ' expenses . A witness appearing before the Committee shall be paid, out of moneys appropriated by Parliament for the purpose, in respect of the expense of the witness' attendance, an amount ascertained in accordance with the prescribed scale or, if there be no prescribed scale, a reasonable amount determined by the Parliamentary Service Commission.

1026 Public Accounts Committee Act 1988, No. 84 PART IV-CONTEMPT OF THE COMMITTEE 33. Contempt of the Committee . (1) For the purposes of this section and sections 34 and 35- "offender" means a person guilty or alleged to be guilty of contempt of the Committee. (2) A person who- (a) having been served with a summons to attend before the Committee, fails to attend in obedience to the summons; (b) having been served with a summons to attend before the Committee, fails to produce any document or thing in his custody or control that he is required by the summons to produce except where the Committee is not authorized to require such production or by this Act he is entitled to refuse to make such production; (c) being called or examined as a witness before the Committee, refuses to be sworn or to make an affirmation or refuses or fails to answer any question put to him by zhe chairman being a question which by this Act he is not entitled to refuse to answer; (d) wilfully threatens or insults- (i) the chairman or a member or officer of the Committee; (ii) a witness or person summoned to attend before the Committee; (iii) a person authorized to appear before the Committee; (e) by writing or speech uses words that are false and defamatory of the Committee, the chairman or a member of the Committee; (f) misbehaves himself before the Committee; (g) interrupts the proceedings of the Committee; (h) obstructs or attempts to obstruct the Committee, or the chairman or a member of the Committee or a person acting under the authority of the Committee or the chairman in the exercise of any lawful function relating to the affairs of the Committee; (i) publishes or causes or permits to be published any evidence given before the Committee or any of the contents of a document produced at a hearing, which the Committee has ordered not to be published; or (j} does any other thing that, if the Committee were a court of law having power to commit for contempt, would be contempt of that court, is guilty of contempt of the Committee.

Public Accounts Committee Act 1988, No. 84 1027 34. General provisions re contempt . (1) In the case of an alleged contempt of the Committee, the chairman may summon the offender to appear before the Committee at a time and place named in the summons to show cause why the offender should not be dealt with under section 35 for the contempt. (2) If the offender fails to attend before the Committee in obedience to the summons and no reasonable excuse that satisfies the chairman is offered for the failure, the chairman may, on proof of service of the summons, issue a warrant to arrest the offender and bring the offender before the chairman to show cause why the offender should not be dealt with under section 35 for the contempt. (3) If a contempt of the Committee is committed in the face or hearing of the Committee, no summons need be issued against the offender, but the offender may be taken into custody then and there by a member of the Police Force and called upon to show cause why the offender should not be dealt with under section 35 for contempt. (4) The chairman may issue a warrant to arrest the offender while the offender is before the chairman, whether or not already in custody under this section, and to bring the offender forthwith before the Supreme Court. (5) A warrant issued under subsection (4)- (a) shall be accompanied by either the instrument by which the chairman certifies the offender's contempt to the Supreme Court or a written statement setting out the particulars of the alleged contempt; (b) is lawful authority for detention of the offender in prison or elsewhere pending his being brought before the Supreme Court; and (c) may be revoked by the chairman at any time before the offender is brought before the Supreme Court under the warrant. (6) When the offender is brought before the Supreme Court, the court may, pending determination of the matter, direct that the offender be kept in such custody as the court determines or that the offender be released, either conditioned to secure the offender's appearance before the court as the court may order or unconditionally. 35. Punishment of contempt . (1) A contempt of the Committee under section 33 may be punished in accordance with this section. (2) The chairman may certify the contempt in writing to the Supreme Court.

1028 Public Accounts Committee Act 1988, No. 84 (3) Where the chairman certifies the contempt of a person to the Supreme Court- (a) the Supreme Court shall thereupon enquire into the alleged contempt; (b) after hearing any witnesses who may be produced against or on behalf of the person charged with the contempt and after hearing any statement that may be offered in defence, the Supreme Court (if satisfied that the person is guilty of the contempt) may punish or take steps for the punishment of the person in like manner and to the like extent as if the person had committed the contempt in or in relation to proceedings in the Supreme Court; and (c) The Rules of the Supreme Court, as in force for the time being, shall, with any necessary adaptations, apply and extend accordingly. (4) The chairman's certificate of contempt is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (5) Neither liability to punishment nor punishment under this section for contempt of the Committee under section 33 excuses the offender from attending before the Committee in obedience to any summons, and the chairman may enforce such attendance by warrant. (6) A person is not liable to be punished under this section if he establishes that there was reasonable excuse for the act or omission that constitutes the contempt. PART V-MISCELLANEOUS PROVISIONS 36. Where Minister to report . Where a report of the Committee recommends that a particular action be taken by the Government with respect to a matter, the appropriate responsible Minister of the Crown shall within the period of not more than six months after the tabling of the report in the Legislative Assembly, or if at the expiration of that period the Legislative Assembly is not sitting, at the earliest opportunity after that period table a report in writing in the Legislative Assembly as to the action (if any) taken or proposed to be taken by the Government with respect to the recommendation of the Committee. 37. Proceedings in which self- criminating evidence is admissible. Proceedings in which any evidence, answer, document or thing is not made inadmissible by section 29 (3) are proceedings for any of the offences defined in section 120, 121, 123, 126, 127, 128, 129 or 132 of The Criminal Code. 38. Appointment of officers and experts . (1) After consultation with the Committee, there may be appointed under, subject to and in accordance with the Parliamentary Service Act 1988 such officers of the

Public Accounts Committee Act 1988, No. 84 1029 Committee as are considered by the Parliamentary Service Commission necessary for the performance of the functions of the Committee. (2) With the approval of the Parliamentary Service Commission, the Committee may commission any person or organization to investigate and report to the Committee on any aspect of a matter being considered by the Committee. 39. Allowances. In addition to any salary paid to him pursuant to any Act, each member of the Committee shall be entitled in respect of his attendance at meetings of the Committee on days when the Legislative Assembly is not sitting to such travelling expenses and allowances as may be approved from time to time by the Executive Council on the recommendation of the Minister after consultation with the Parliamentary Service Commission. 40. Office not an office of profit under Crown. Within the meaning and for the purposes of any provision of any Act- (a) the office of chairman or a member of the Committee is not an office or place of profit under the Crown; and (b) the chairman or a member of the Committee shall not, by reason of holding office or accepting any salary, fees, allowances or other expenses as such, be deemed to hold or to have held an office or place of profit under the Crown. 41. Financial provision . Moneys required for the purposes of this Act shall form part of the estimates of expenses relating to the Legislative Assembly and the Parliamentary Service prepared by the Parliamentary Service Commission and shall be paid out of moneys appropriated by Parliament for those purposes. 42. Application of Criminal Code. To allay any doubt that might otherwise exist it is declared- (a) that an officer of the Committee shall be taken to be the holder of a public office and the provisions of Chapter XIII of The Criminal Code shall have application in relation to that officer accordingly; (b) that, in Chapter XVI of The Criminal Code- (i) a reference to a judicial proceeding shall be taken to include reference to a proceeding had or taken before the Committee; (ii) a reference to judicial office shall be taken to include reference to the office of chairman or of member; (iii) a reference to a tribunal shall be taken to include reference to the Committee, and the provisions of that Chapter shall have application accordingly.

1030 Public Accounts Committee Act 1988, No. 84 43. Service of documents . For the purposes of this Act, service of a document on a person may be effected- (a) on an individual- (i) by delivering it to the person personally; or (ii) by leaving it at, or sending it b y pre-paid post to, the residential or business address ofthe person last known to the person serving the document; or (b) on a body corporate-by leaving it at, or sending it by pre- paid post to, the head office, a registered office or a principal office of the body corporate, or in any other way in which service could have been effected had this section not been enacted. 44. Protection from liability . ( 1) No act or thing done by the Committee , the chairman or other member of the Committee or any person acting under the direction of the Committee or the chairman shall subject the Committee , the chairman , member or a person so acting , personally to action, liability, claim or demand , if the act or thing is done in good faith for the purpose of executing this Act or any other Act. (2) In proceedings for defamation in relation to any hearing before the Committee or any other matter relating to the functions or powers of the Committee , there is a defence of absolute privilege for a publication to or by the Committee or the chairman, member or officer of the Committee , as such a member or officer. (3) A person summoned to attend or appearing before the Committee as a witness or producing a document or thing to the Committee, has the same protection as a witness in proceedings in the Supreme Court. (4) No criminal or civil liability ( apart from any such prescribed by this Act) attaches to any person for complying or purporting to comply in good faith with any requirement made under this Act and, in particular , no civil liability attaches to a person on account of giving a statement of information or producing a document or other thing under section 19 or 20, whether that liability would arise under a contract or otherwise. 45. Amend m ent of Parliamentary Members' SalariesAct The Parliamentary Members' Salaries Act 1988 is amended i 9 (1) by- . (1) -ction (a) omitting the words "on and from the commencement of this Act"; (b) adding at the end of paragraph (h) the following expression and words:- (i) the chairman of the Parliamentary Committee of Public Accounts , a salary at the same rate per annum as is applicable

Public Accounts Committee Act 1988, No. 84 1031 for the time being to the Government Whip under paragraph (f); (j) each member (other than the chairman) of the Parliamentary Committee of Public Accounts, a salary at the same rate per annum as is applicable for the time being to the Government Deputy Whip under paragraph (h)". (2) The Parliamentary Members' Salaries Act 1988 as amended by subsection (1) may be cited as the Parliamentary Members' Salaries Act1988