Parliamentary Service Amendment Act 2010

1: Title
This Act is the Parliamentary Service Amendment Act 2010.
2: Commencement
This Act comes into force on 1 January 2011.
3: Principal Act amended
This Act amends the Parliamentary Service Act 2000 2011-01-01 Parliamentary Service Act 2000
4: New heading inserted
The following heading is inserted above section 3 Interpretation .
5: Interpretation
Section 3 election advertisement section 3A section 5 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 electioneering
a: a communication of the kind described in section 3B(2)(a)
b: an advertisement of the kind described in section 3B(2)(b)
c: an advertisement of the kind described in section 3B(2)(c) funding entitlements for parliamentary purposes section 3B government initiated referendum referendum advertisement regulated period section 3B(2) and (3) section 5 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 regulated period .
6: New sections 3A to 3E inserted
The following sections are inserted after section 3
3A: Meaning of publish in sections 3B and 3C
In sections 3B and 3C publish
a: including—
i: displaying on any medium:
ii: distributing by any means:
iii: delivering to an address:
iv: leaving at a place:
v: sending by post or otherwise:
vi: printing in a newspaper or other periodical:
vii: broadcasting by any means:
viii: disseminating by means of the Internet or any other electronic medium:
ix: storing electronically in a way that is accessible to the public:
x: incorporating in a device for use with a computer:
xi: inserting in a film or video; but
b: excluding addressing 1 or more persons face to face.
3B: Meaning of funding entitlements for parliamentary purposes
1: In this Act, unless the context otherwise requires, funding entitlements for parliamentary purposes
a: the performance by a member of Parliament of his or her role and functions as a member of Parliament:
b: the performance by a recognised party of its role and functions as a recognised party:
c: the provision of travel, accommodation, and attendance services in accordance with any determination made by the Speaker of the House of Representatives under section 20A of the Civil List Act 1979, or any direction given by the Speaker of the House of Representatives under this Act:
d: the provision of communications services (other than services including electioneering) in accordance with any determination made by the Speaker of the House of Representatives under section 20A of the Civil List Act 1979, or any direction given by the Speaker of the House of Representatives under this Act:
e: the provision of services and resources to support electoral candidates to whom section 9C applies in accordance with directions given by the Speaker under section 9B:
f: the provision of benefits or privileges of a specified kind for former members of Parliament and members of their families in accordance with an appropriation by Parliament of money for that purpose.
2: However, funding entitlements for parliamentary purposes
a: any communication that explicitly—
i: seeks or discourages support for the election of a particular person or people; or
ii: seeks or discourages support for the casting of a party vote for a particular political party or political parties; or
iii: encourages a person to become or discourages a person from becoming a member of a particular political party or political parties; or
iv: solicits subscriptions or other financial support; or
v: seeks support for casting a vote for one of the answers to the precise question to be put to voters in an indicative referendum initiated under the Citizens Initiated Referenda Act 1993; or
vi: seeks support for casting a vote for one of the responses to a proposal to be put to electors in a government initiated referendum; or
b: an election advertisement published during the regulated period in relation to a general election, regardless of whether all or any part of an expense in relation to the advertisement is incurred or paid before, during, or after that regulated period; or
c: a referendum advertisement published during the regulated period in relation to a government initiated referendum, regardless of whether all or any part of an expense in relation to the advertisement is incurred or paid before, during, or after that regulated period; or
d: the provision of travel, accommodation, and communications services in accordance with any determination made by the Speaker of the House of Representatives under section 20A of the Civil List Act 1979 in respect of members of Parliament participating in the official inter-parliamentary travel programme.
3: Subsection (2)(b) and (c) section 3C
3C: Apportionment of funding for election advertisement or referendum advertisement published both before and during regulated period
1: This section applies if—
a: an election advertisement is published—
i: before the regulated period in relation to a general election and continues to be published during the regulated period; or
ii: both before and during the regulated period in relation to a general election; or
b: a referendum advertisement is published—
i: before the regulated period in relation to a government initiated referendum and continues to be published during the regulated period; or
ii: both before and during the regulated period in relation to a government initiated referendum.
2: If this section applies,—
a: the expenses for the publication of the advertisement must be apportioned so that only a fair proportion of the expenses is attributed to the publication of the advertisement during the regulated period; and
b: only expenses attributed to the publication of the advertisement during the regulated period in accordance with paragraph (a) 3B(2)(b) and (c)
c: expenditure under Vote Parliamentary Service in respect of the publication of the advertisement is invalid only to the extent, and from the date, that expenses are attributed to the publication of the advertisement during the regulated period in accordance with paragraph (a)
3D: Opinion given by Electoral Commission may be taken into account in determining whether advertisement is election advertisement
An opinion given to any person by the Electoral Commission under section 204I(3) section 7 Electoral (Finance Reform and Advance Voting) Amendment Act 2010 section 3B(2)(b)
3E: Interpretation of determinations under section 20A of Civil List Act 1979
All determinations made by the Speaker under section 20A of the Civil List Act 1979 must be interpreted consistently with sections 3B and 3C
7: New heading inserted
The following heading is inserted above section 4 Purposes .
8: New heading and section 35A inserted
The following heading and section are inserted after section 35 Recovery of amounts paid made outside entitlements
35A: Recovery of amounts paid outside entitlements to funding for parliamentary purposes
1: This section applies if the Parliamentary Service makes a payment against a claim to an entitlement to funding for parliamentary purposes and it is subsequently determined that the person or recognised party in respect of whom the payment was made did not have an entitlement to that funding under section 3B
2: If this section applies, the Parliamentary Service may recover from the person or recognised party, as a debt due to the Parliamentary Service, the amount paid.