Bills Digest No. 69   1997-98 Parliamentary Service (Consequential Amendments) Bill 1997


Numerical Index | Alphabetical Index

WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

CONTENTS

Passage History

Parliamentary Service (Consequential Amendments) Bill 1997

Date Introduced: 23 October 1997
House: House of Representatives
Portfolio: Prime Minister
Commencement: At the same time as the Parliamentary Service Bill 1997.

Purpose

The Parliamentary Service (Consequential Amendments) Bill 1997 makes a series of uncontroversial changes to the:

  • 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 1997.

Background

This Bill makes specific provision for changes to the above five Acts consequent to the enactment of the Parliamentary Service Act 1997. By comparison, the Public Employment (Consequential and Transitional) Amendment Bill 1997, amends over 850 pieces of legislation consequent to the enactment of the Public Service Act 1997.

There are two reasons for the difference in size of the two consequential provisions Bills.

First, references to the present Parliamentary Departments and their officers appear in fewer pieces of legislation than do references to the Australian Public Service and its officers.

Secondly, the present Bill should be read together with Part 8 of the Parliamentary Service Bill which also deals with transitional and consequential matters arising from the creation of a separate Parliamentary Service.

Clauses 75 and 76 of the Parliamentary Service Bill provide important mechanisms for ensuring that there are no unintended consequences arising from the passage of the new legislation.

Main Provisions

As previously noted, all the proposed amendments are of a machinery nature and uncontroversial. Two of the proposed measures, however, may appear somewhat curious.

Items 1 5 of the Schedule provide for amendment to the Audit Act 1901.

The Audit Act 1901 is to be repealed by the Audit (Transitional and Miscellaneous) Amendment Bill 1996 and replaced by three Acts including the Auditor-General Bill 1996. This legislative package, which has not received the Royal Assent at the time of writing, will not come into effect until a date set by proclamation. In the interim, the 1901 Act continues to apply. Hence, the need for the present amendment.

Item 10 repeals section 12 of the as yet to be enacted Public Employment (Consequential and Transitional) Amendment Act 1997. That clause, providing for the continuation of the former Parliamentary Departments during the transitional period and dealing with the application of the Merit Protection (Australian Government Employees) Act 1984, is now unnecessary having been overtaken by clauses 66 and 75 of the Parliamentary Service Bill 1997.

Contact Officer and Copyright Details

Bob Bennett
27 October 1997
Bills Digest Service
Information and Research Services

This paper has been prepared for general distribution to Senators and Members of the Australian Parliament. While great care is taken to ensure that the paper is accurate and balanced, the paper is written using information publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Information and Research Services (IRS). Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion. Readers are reminded that the paper is not an official parliamentary or Australian government document.

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ISSN 1328-8091
© Commonwealth of Australia 1997

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by Members of the Australian Parliament in the course of their official duties.

Published by the Department of the Parliamentary Library, 1997.

This page was prepared by the Parliamentary Library, Commonwealth of Australia
Last updated: 28 October 1997

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