Parliament Act 1974
Act No. 165 of 1974 as amended
This compilation was prepared on 23 October 2000
taking into account amendments up to Act No. 9 of 1988
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Parliamentary zone
4 Site of new Parliament House
5 Parliamentary control of erection of buildings or other work within Parliamentary zone
Schedule
Notes
An Act to determine the site of the New and Permanent Parliament House, and for other purposes
1 Short title [see Note 1]
This Act may be cited as the Parliament Act 1974.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Parliamentary zone
(1) For the purposes of this Act, the Parliamentary zone is the area of land bounded by a line commencing at a point where the eastern boundary of Commonwealth Avenue intersects the inner boundary of State Circle and proceeding thence in a northerly direction along the eastern boundary of Commonwealth Avenue until it intersects the southern shore of Lake Burley Griffin, thence in a generally easterly direction along that shore until it intersects the western boundary of Kings Avenue, thence in a south westerly direction along that boundary until it intersects the inner boundary of State Circle, and thence clockwise around that inner boundary to the point of commencement.
(2) The location of the Parliamentary zone is indicated by shading on the plan set out in the Schedule.
4 Site of new Parliament House
The new and permanent Parliament House proposed to be constructed after the commencement of this Act shall be constructed upon the site on Capital Hill marked “Site of Parliament House” on the plan set out in the Schedule.
5 Parliamentary control of erection of buildings or other work within Parliamentary zone
(1) No building or other work is to be erected on land within the Parliamentary zone unless:
(a) if the land is within the precincts as defined by subsection 3(1) of the Parliamentary Precincts Act 1988—the President of the Senate and the Speaker of the House of Representatives jointly have; or
(b) in any other case—the Minister has;
caused a proposal for the erection of the building or work to be laid before each House of the Parliament and the proposal has been approved by resolution of each House.
(2) Subsection (1) does not prevent carrying out of work by way of maintenance or repair of buildings or works situated on land within the Parliamentary zone, or by way of internal alterations to those buildings or works.
(3) Subsection (1) does not apply to buildings and works which have reached the documentation stage by 1 December 1974.
Schedule
Sections 3 and 4
PARLIAMENTARY ZONE
.
Notes to the Parliament Act 1974
Note 1
The Parliament Act 1974 as shown in this compilation comprises Act No. 165, 1974 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Parliament Act 1974 | 165, 1974 | 17 Dec 1974 | 17 Dec 1974 | |
Parliamentary Precincts Act 1988 | 9, 1988 | 5 Apr 1988 | Ss. 1–4 and 7: Royal Assent
S. 11: 6 May 1988 (see Gazette 1988, No. S129)
Remainder: 1 Aug 1988 (see Gazette 1988, No. S229) | — |
|
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 3.................... | rs. No. 9, 1988 |
S. 5.................... | am. No. 9, 1988 |
Schedule................ | rs. No. 9, 1988 |
Overview
The Parliament Act 1974 was enacted to establish the site for the new and permanent Parliament House in Canberra and to provide for the control of buildings and other works within the Parliamentary zone. The Act was assented to on 17 December 1974 and commenced on the same day. It was introduced by the Parliament of Australia to address the need for a permanent parliamentary building in the nation's capital and to ensure proper oversight over construction and alterations within the Parliamentary zone. The Act specifies that the new Parliament House should be built on Capital Hill, as marked on the plan in the Schedule, and mandates that any new buildings or works within the Parliamentary zone must be approved by both the President of the Senate and the Speaker of the House of Representatives if within the precincts, or by the Minister otherwise. This ensures that parliamentary control is maintained over developments in this significant area.
Scope and Application
The Parliament Act 1974 specifies the area designated as the Parliamentary zone, which is bounded by certain streets and Lake Burley Griffin in Canberra. This Act also determines the location of the new and permanent Parliament House, which is to be built on Capital Hill. Importantly, it outlines the conditions under which buildings or other works can be erected within the Parliamentary zone, stipulating that any such proposals must be approved by resolutions from both the Senate and the House of Representatives, unless the work is for maintenance, repair, or internal alterations. This requirement applies to any land within the Parliamentary zone but does not extend to buildings and works that had reached the documentation stage by 1 December 1974. The geographic reach of this Act is limited to the Parliamentary zone in Canberra, as defined, and its provisions govern the activities within this specific area. There are no explicit exclusions or thresholds mentioned in the Act, but the need for joint approval by the President of the Senate and the Speaker of the House of Representatives provides a clear boundary for its application.
Key Provisions
The Parliament Act 1974 (sections 3 and 4) delineates the Parliamentary zone as a specific area of land in Canberra, bounded by certain streets and Lake Burley Griffin. The Act mandates that the new and permanent Parliament House be constructed on Capital Hill, as indicated on the plan in the Schedule. Furthermore, section 5 stipulates that any building or work within the Parliamentary zone requires approval from the President of the Senate and the Speaker of the House of Representatives if it is within the precincts defined by the Parliamentary Precincts Act 1988, or from the Minister otherwise. This approval must be granted through a resolution passed by both Houses of Parliament. It is important to note that this requirement does not apply to maintenance, repairs, or internal alterations of existing buildings or works, nor to those that have reached the documentation stage by 1 December 1974.
Under the Parliament Act 1974, there are specific obligations imposed on the relevant authorities. For any proposed construction within the Parliamentary zone, a proposal must be submitted to both the Senate and the House of Representatives. The President of the Senate and the Speaker of the House of Representatives, or the Minister, must then ensure that the proposal is laid before each House, and that it receives approval through a resolution. This process ensures that any new building or work within the Parliamentary zone is subject to parliamentary scrutiny and consent. Furthermore, the Act specifies that the new Parliament House must be built on Capital Hill, as denoted on the Schedule's plan, thereby setting a clear and unalterable site for this significant national institution.
The Parliament Act 1974 also outlines the consequences for non-compliance with its provisions. While the Act itself does not specify criminal or civil penalties for breaches, it is understood that failing to adhere to the mandated approval process could lead to legal challenges and potential ramifications under other applicable legislation. The requirement for parliamentary approval ensures that any developments within the Parliamentary zone are subject to rigorous oversight, thereby maintaining the integrity and functionality of this critical area. Any unauthorised construction or work within the Parliamentary zone could be subject to enforcement actions by the relevant authorities, potentially including injunctions, fines, or other corrective measures as provided under related statutes.