Parliamentary Precincts Regulations 2011

Administered by Department of Finance

Legislation au F2011L02031 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 181

Issued by the Authority of the Special Minister of State

 

Parliamentary Precincts Act 1988

Parliamentary Precincts Regulations 2011

The Parliamentary Precincts Act 1988 (the Act) defines the boundaries of the Parliamentary precincts for sittings of the Parliament and provides that the Presiding Officers (the President of the Senate and the Speaker of the House of Representatives) are responsible for control and management of the precincts. 

Section 13 of the Act provides that the Governor-General may make regulations for the purposes of subsection 5(2) of the Act.  Subsection 5(2) of the Act provides that if the Presiding Officers certify in writing that specified Commonwealth-owned or leased property is required for purposes of the Parliament, the regulations may declare that the property shall be treated as part of the Parliamentary precincts for the purposes of the Act.  Previously, no regulations exist under the Act. 

The Regulations provide for the legal framework for the control and management of the Parliamentary precincts to be applied to an alternative location in the event that Parliament House is unavailable, for example, due to an earthquake, terrorist attack or other major event.

The Regulations enable specified Commonwealth-owned or leased property to be treated as part of the Parliamentary precincts for the purposes of the Act, following the:

  • certification by the Presiding Officers that the property is required for the purposes of the Parliament; and
  • declaration (by way of a legislative instrument) by the relevant Minister (currently the Special Minister of State) that the Presiding Officers have so certified. 

Further, the Regulations anticipate that the certificate can be amended to omit particular property from it, or be revoked when the whole of the specified property is no longer required for the purposes of the Parliament.  In either case, the Regulations provide that the particular property is no longer to be treated as part of the Parliamentary precincts.  Therefore, if an omitted property is required again, or a new property required, a new certificate and a new legislative instrument would be required for the specified property to be treated as part of the Parliamentary precincts.

This approach would ensure that specified Commonwealth-owned or leased property can become part of the Parliamentary precincts quite quickly following certification by the Presiding Officers, and would allow flexibility in adding or removing a property, with appropriate oversight (via the legislative instrument made by the Minister). 

Details of the proposed Regulations are included in the Attachment.

The Act does not impose any conditions that need to be satisfied before the power to make the Regulations may be exercised.  The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.  The Regulations commence the day after they are registered on the Federal Register of Legislative Instruments.


Consultation and Regulatory Impact

Consultation was undertaken with the Presiding Officers, the Clerk of the Senate, the Clerk of the House of Representatives and the Security Management Board (Parliamentary Service Act 1999, s65A).  The provisions do not have a direct or significant indirect impact on business and do not restrict competition. 

The Office of Best Practice Regulation have confirmed that the preparation of a Regulation Impact Statement is not necessary, as the amendments have a nil or low impact on business or the economy or individuals.

 

 

Details of the proposed Parliamentary Precincts Regulations 2011

Regulation 1 – Name of Regulations

This regulation would provide that the title of the Regulations is the Parliamentary Precincts Regulations 2011.

Regulation 2 – Commencement

This regulation would provide for the Regulations to commence on the day after they are registered on the Federal Register of Legislative Instruments.

Regulation 3 – Definitions

This regulation would provide that in the Regulations, the term ‘Act’ is defined as the Parliamentary Precincts Act 1988. 

Regulation 4 – Premises included in Parliamentary precincts

 

This regulation would enable specified Commonwealth-owned or leased property to be treated as part of the Parliamentary precincts for the purposes of the Act, if:

  • the Presiding Officers certify that the property is required for the purposes of the Parliament; and
  • the Minister makes a legislative instrument declaring that the Presiding Officers have made a certificate under subsection 5(2) of the Act.

This regulation would also provide that particular property ceases to be treated as part of the Parliamentary precincts for the purposes of the Act if the Presiding Officers revoke the certificate or amend the certificate to omit the particular property from it.   

 

Overview

The Parliamentary Precincts Regulations 2011, issued under the Parliamentary Precincts Act 1988, were introduced to establish a legal framework allowing specified Commonwealth-owned or leased properties to be treated as part of the Parliamentary precincts when deemed necessary for the purposes of the Parliament. This was particularly important to address the potential unavailability of Parliament House due to unforeseen events such as natural disasters or security threats. The Act designates the Presiding Officers, namely the President of the Senate and the Speaker of the House of Representatives, with the responsibility for managing the precincts. Section 13 of the Act empowers the Governor-General to make regulations concerning these precincts, and the 2011 Regulations operationalise this provision by providing a mechanism for the inclusion of alternative properties into the precincts based on certification by the Presiding Officers and subsequent declaration by the Special Minister of State. These Regulations ensure that the precincts can quickly adapt to new requirements while maintaining oversight and flexibility in property management.

Scope and Application

The Parliamentary Precincts Act 1988 governs the boundaries and management of the precincts designated for the sittings of the Parliament of Australia. It designates the Presiding Officers—the President of the Senate and the Speaker of the House of Representatives—as the authorities responsible for the control and management of these precincts. The Act allows the Governor-General to make regulations under Section 13, which can declare specified Commonwealth-owned or leased property as part of the Parliamentary precincts if certified by the Presiding Officers as necessary for the Parliament's purposes. This legislative framework is intended to ensure the continuity of parliamentary operations in the event of disruptions, such as natural disasters or attacks, by allowing the precincts to be relocated quickly to alternative locations. The Parliamentary Precincts Regulations 2011 further detail the process for these declarations, including the requirement for the Presiding Officers' certification and the Minister's subsequent legislative instrument. The Regulations provide flexibility in adding or removing properties from the precincts as needed, ensuring that the parliamentary operations can adapt to changing circumstances while maintaining oversight through the legislative instrument. The Act and its Regulations apply nationally, covering all Commonwealth-owned or leased properties within the jurisdiction of the Commonwealth of Australia.

Key Provisions

The Parliamentary Precincts Act 1988, as amended by the Parliamentary Precincts Regulations 2011, provides a legal framework for the control and management of the Parliamentary precincts. Section 13 of the Act allows the Governor-General to make regulations for the purposes of subsection 5(2) of the Act (Section 13). This subsection allows for the declaration of Commonwealth-owned or leased property as part of the Parliamentary precincts if the Presiding Officers certify its necessity for Parliament's purposes (Section 5(2)). These regulations become effective on the day after their registration on the Federal Register of Legislative Instruments (Regulation 2). The Act and accompanying Regulations impose specific obligations on the Presiding Officers and the relevant Minister, namely the Special Minister of State. The Presiding Officers must certify in writing that specified Commonwealth-owned or leased property is required for the purposes of the Parliament (Regulation 4). Once the Presiding Officers have made such a certification, the Minister must then declare by way of a legislative instrument that the Presiding Officers have indeed made the required certification (Regulation 4). Additionally, the Regulations provide that particular property ceases to be treated as part of the Parliamentary precincts if the Presiding Officers revoke or amend the certificate to omit the property (Regulation 4). There are no specific offences, penalties, or consequences outlined in the Parliamentary Precincts Act 1988 or the accompanying regulations for breaches of the Act or Regulations. However, as the Regulations are a legislative instrument under the Legislative Instruments Act 2003, any failure to comply with the Act or the Regulations could potentially result in legal action for non-compliance with a legislative instrument. The exact consequences would depend on the context and nature of the breach, but could include judicial review or other legal remedies available under Australian law.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.