Parliamentary Service (Consequential and Transitional) Determination 2000/1
We, MARGARET REID, President of the Senate, and NEIL ANDREW, Speaker of the House of Representatives, make the following Determination under Part 9 of the Parliamentary Service Act 1999.
Dated 30 June 2000
MARGARET REID NEIL ANDREW
Parliamentary Service (Consequential and Transitional) Determination 2000/1
Determination
made under the
Parliamentary Service Act 1999
Part 1 Preliminary
1.1 Name of Determination
This Determination is the Parliamentary Service (Consequential and Transitional) Determination 2000/1.
1.2 Commencement
This Determination commences at the commencing time.
1.3 Definitions
In this Determination:
Act means the Parliamentary Service Act 1999.
commencing time means the time at which the Act commences, or is taken to commence, under section 2 of the Act.
1.4 No Disadvantage or Liability
Where, as a result of clause 1.2, a provision of this Determination takes effect before the date on which this Determination is notified in the Gazette and, as a result, the provision would have the effect that:
(a) the rights of a person (other than the Commonwealth) as at that date would be affected so as to disadvantage that person; or
(b) liabilities would be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date of notification,
the provision is to be interpreted so as not to have that effect.
Note This clause reflects the operation of subsection 48(2) of the Acts Interpretation Act 1901 as applied to this Determination by section 46A of that Act.
Part 2 Amendment of the Financial Management and Accountability Act 1997
2.1 Amendment of the Financial Management and Accountability Act 1997
For subsection 83 (4) of the Act, the Financial Management and Accountability Act 1997 is amended as follows:
Section 5 (paragraph (b) of the definition of "Chief Executive")
Add, after "Public Service Act 1999", "or the Parliamentary Service Act 1999".
1. Made by the Presiding Officers on 30 June 2000, and notified in the Commonwealth of Australia Gazette on 31 August 2000.
Overview
The Parliamentary Service (Consequential and Transitional) Determination 2000/1 was enacted under the Parliamentary Service Act 1999 to address transitional and consequential issues arising from the implementation of the Act. This Determination, made by the President of the Senate and the Speaker of the House of Representatives, ensures that there is no disadvantage or liability to any person other than the Commonwealth as a result of the provisions taking effect before the Determination was notified in the Gazette. It specifically amends the Financial Management and Accountability Act 1997 to include the Parliamentary Service Act 1999 in the definition of "Chief Executive". The aim of this legislative instrument is to provide clarity and continuity in the application of the new Act without imposing any undue burdens or disadvantages on individuals or entities other than the Commonwealth.
Scope and Application
The Parliamentary Service (Consequential and Transitional) Determination 2000/1 is a legislative instrument made under the Parliamentary Service Act 1999, designed to address transitional and consequential matters arising from the implementation of the Act. This Determination applies to the operations and amendments of other legislation, specifically the Financial Management and Accountability Act 1997, ensuring that the definition of "Chief Executive" in the latter Act now includes references to the Parliamentary Service Act 1999. The scope of this Determination is limited to the adjustments necessary to align the Financial Management and Accountability Act 1997 with the new provisions of the Parliamentary Service Act 1999. This ensures that there is no disadvantage or liability imposed on any person other than the Commonwealth, particularly in cases where the Determination takes effect before its notification in the Gazette. The jurisdictional reach of this Determination is national, as it involves federal legislative instruments and affects federal entities and their operations.
Key Provisions
The Parliamentary Service (Consequential and Transitional) Determination 2000/1 primarily serves to modify existing provisions in the Financial Management and Accountability Act 1997, in alignment with the newly enacted Parliamentary Service Act 1999 (section 2.1). This determination ensures that the definition of "Chief Executive" in the Financial Management and Accountability Act 1997 now includes those appointed under the Parliamentary Service Act 1999, alongside those appointed under the Public Service Act 1999 (section 2.1). It also includes provisions to prevent any disadvantage or liabilities that may arise if certain provisions of this determination take effect before it is officially notified in the Gazette (clause 1.4).
This determination imposes specific obligations on entities governed by the amended Financial Management and Accountability Act 1997, ensuring they now recognise the Chief Executives appointed under the Parliamentary Service Act 1999 as valid and authorised under the financial management framework. This amendment necessitates adjustments in how these entities view and interact with the authorities appointed under the new act, thereby requiring compliance with the broader legislative changes introduced by the Parliamentary Service Act 1999.
While the determination itself does not explicitly outline offences or penalties for breaches, any failure to comply with the amended Financial Management and Accountability Act 1997 could result in legal consequences under that act. The Financial Management and Accountability Act 1997 stipulates various penalties for non-compliance, which can include both civil and criminal sanctions. The specifics of these penalties would depend on the nature and severity of the breach, potentially including fines, imprisonment, or both, depending on the jurisdictional authority and the specific provisions contravened. The exact penalties are detailed within the Financial Management and Accountability Act 1997, rather than within the determination itself.