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
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendments and repeal
Archives Act 1983
Audit Act 1901
Long Service Leave (Commonwealth Employees) Act 1976
Maternity Leave (Commonwealth Employees) Act 1973
Public Employment (Consequential and Transitional) Amendment Act 1999
An Act to make consequential amendments arising from the enactment of the Parliamentary Service Act 1999, and for other purposes
1 Short title
This Act may be cited as the Parliamentary Service (Consequential Amendments) Act 1997.
2 Commencement
This Act commences at the time when the Parliamentary Service Act 1999 commences.
3 Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments and repeal
Archives Act 1983
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:
(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:
(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
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:
(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:
(a) if the Department is the Department of the Senate—the Clerk of the Senate;
(b) if the Department is the Department of the House of Representatives—the Clerk of the House; or
(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]
Overview
The Parliamentary Service (Consequential Amendments) Act 1997 was enacted by the Commonwealth Parliament to address the need for legislative amendments arising from the introduction of the Parliamentary Service Act 1999. The Act ensures that existing legislation is updated to align with the new framework established by the Parliamentary Service Act 1999, thereby maintaining consistency and coherence across related statutes. This legislation provides for the amendment or repeal of specific provisions in various Acts, including the Archives Act 1983, the Audit Act 1901, the Long Service Leave (Commonwealth Employees) Act 1976, the Maternity Leave (Commonwealth Employees) Act 1973, and the Public Employment (Consequential and Transitional) Amendment Act 1999. The policy objective is to facilitate the smooth integration of the new Parliamentary Service Act 1999 into the existing legislative environment, ensuring that the updated definitions and roles within the parliamentary departments are accurately reflected in all relevant laws.
Scope and Application
The Parliamentary Service (Consequential Amendments) Act 1997 applies to various acts and regulations to ensure consistency and alignment with the Parliamentary Service Act 1999. This Act affects the Archives Act 1983, Audit Act 1901, Long Service Leave (Commonwealth Employees) Act 1976, Maternity Leave (Commonwealth Employees) Act 1973, and Public Employment (Consequential and Transitional) Amendment Act 1999. It primarily applies to the Commonwealth level, affecting the operations and definitions within these acts as they pertain to the parliamentary departments established under the Parliamentary Service Act 1999. The Act specifies amendments and repeals to existing definitions and subsections to reflect the new framework introduced by the Parliamentary Service Act 1999. For instance, it updates the definition of "Parliamentary Department" and modifies references to relevant authorities such as the President of the Senate and the Speaker of the House of Representatives.
Key Provisions
The Parliamentary Service (Consequential Amendments) Act 1997 (Cth) makes amendments to various Acts in light of the new Parliamentary Service Act 1999 (Cth). The main sections of the Act pertain to its commencement (s 2) and the amendments and repeals specified in Schedule 1. The Act commences at the same time as the Parliamentary Service Act 1999, ensuring that the consequential changes are effective from the outset. Schedule 1 lists specific amendments and repeals to various Acts, including the Archives Act 1983 (Cth), the Audit Act 1901 (Cth), the Long Service Leave (Commonwealth Employees) Act 1976 (Cth), the Maternity Leave (Commonwealth Employees) Act 1973 (Cth), and the Public Employment (Consequential and Transitional) Amendment Act 1999 (Cth). For instance, the definition of "Parliamentary Department" in the Archives Act 1983 (Cth) is updated to align with the Parliamentary Service Act 1999 (Cth) (Schedule 1, item 1).
The obligations imposed by the Act are primarily on the various departments and officers of the Parliament. For example, the Auditor-General is now required to report to the President of the Senate and the Speaker of the House of Representatives regarding any other Department of the Parliament (Schedule 1, item 2). Similarly, the approving authority for long service leave is now limited to certain departments established under the Parliamentary Service Act 1999 (Cth) (Schedule 1, item 6). The Act also modifies definitions and roles within the specified Acts to reflect the new structure and responsibilities under the Parliamentary Service Act 1999 (Cth). For example, the definition of "Head" in the Maternity Leave (Commonwealth Employees) Act 1973 (Cth) is updated to specify the relevant officer for different departments (Schedule 1, item 8).
There are no specific offences, penalties, or consequences outlined in the Parliamentary Service (Consequential Amendments) Act 1997 (Cth) itself. However, the amendments it introduces affect the operational framework and reporting obligations for various departments and officers within the Parliament. Non-compliance with the requirements of the amended Acts could result in administrative or legal consequences under those respective Acts. For example, failure to comply with the reporting requirements under the Audit Act 1901 (Cth) could lead to penalties as stipulated within that Act. It is important to note that the penalties for non-compliance would be those defined in the individual Acts that are amended by this legislation, rather than in the Parliamentary Service (Consequential Amendments) Act 1997 (Cth).