Parliamentary Service Act 2000

1: Title
This Act is the Parliamentary Service Act 2000.
2: Commencement
This Act comes into force on 1 July 2000.
1: Preliminary provisions
Interpretation Heading inserted 1 January 2011 section 4 Parliamentary Service Amendment Act 2010
3: Interpretation
In this Act, unless the context otherwise requires,— Bowen House lease the lease
a: the building known as Bowen House situated on the corner of Lambton Quay and Bowen Street in Wellington; or
b: any land adjoining that building Chief Executive department section 5 Deputy Speaker
a: the Deputy Speaker of the House of Representatives; or
b: in relation to the period commencing immediately after the dissolution or expiry of a Parliament and ending with the first meeting of the House of Representatives after the general election, the person who held the office of Deputy Speaker at the time of the dissolution or expiry of the Parliament election advertisement section 3A section 5 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 Leader of the House Parliamentary Corporation Corporation section 27 parliamentary precincts
a: the land described in Schedule 3
b: land and premises that are subject to the Bowen House lease:
c: any other land or premises added to the parliamentary precincts by a resolution of the House of Representatives under section 25 Parliamentary Service Service section 6 Parliamentary Service Commission Commission section 13 public service section 10 qualifying electoral candidate section 5 recognised party referendum advertisement regulated period section 3B(2) and (3) section 5 regulated period Remuneration Authority section 5 review committee section 20 Speaker
a: the Speaker of the House of Representatives; or
b: in relation to the period commencing immediately after the close of any polling day at a general election and ending with the first meeting of the House of Representatives after the general election, the person who held the office of Speaker of the House of Representatives on that day support services Section 3 Chief Executive inserted 24 October 2019 section 106 Statutes Amendment Act 2019 Section 3 department amended 7 August 2020 section 135 Public Service Act 2020 Section 3 election advertisement inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 electioneering inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 funding entitlements for parliamentary purposes inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 General Manager repealed 24 October 2019 section 106 Statutes Amendment Act 2019 Section 3 government initiated referendum inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 public service replaced 7 August 2020 section 135 Public Service Act 2020 Section 3 qualifying electoral candidate inserted 16 December 2013 section 48 Members of Parliament (Remuneration and Services) Act 2013 Section 3 referendum advertisement inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 regulated period inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 regulated period inserted 1 January 2011 section 5 Parliamentary Service Amendment Act 2010 Section 3 Remuneration Authority inserted 16 December 2013 section 48 Members of Parliament (Remuneration and Services) Act 2013
3A: Meaning of publish in sections 3B and 3C
In sections 3B 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. Section 3A inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
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 accommodation services for members of Parliament and qualifying electoral candidates and travel services for family members of those persons in accordance with a determination made by the Remuneration Authority under section 17(1)
d: the provision of travel services for members of Parliament and qualifying electoral candidates in accordance with directions issued by the Speaker under section 23(1)﻿(a)
e: the provision of communications services (other than services including electioneering) in accordance with directions issued by the Speaker under section 23(1)﻿(c)
f: the provision of travel services in accordance with directions issued by the Speaker under section 23(1)﻿(f)
g: the provision of services and resources to qualifying electoral candidates in accordance with directions issued by the Speaker under section 23
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
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 34 relations programme
3: Subsection (2)﻿(b) and (c) are subject to section 3C Section 3B inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010 Section 3B(1)﻿(c) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)﻿(d) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)﻿(e) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)﻿(f) replaced 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(1)﻿(g) inserted 16 December 2013 section 49(1) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(2)﻿(d) amended 16 December 2013 section 49(2)﻿(a) Members of Parliament (Remuneration and Services) Act 2013 Section 3B(2)﻿(d) amended 16 December 2013 section 49(2)﻿(b) Members of Parliament (Remuneration and Services) Act 2013
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) are excluded from funding entitlements for parliamentary purposes under section 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). Section 3C inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
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 section 3B(2)﻿(b) Section 3D inserted 1 January 2011 section 6 Parliamentary Service Amendment Act 2010
3E: Interpretation of determinations and directions under Members of Parliament (Remuneration and Services) Act 2013
Every determination made by the Remuneration Authority under section 17 section 23 sections 3B 3C Section 3E replaced 16 December 2013 section 50 Members of Parliament (Remuneration and Services) Act 2013 Purposes Heading inserted 1 January 2011 section 7 Parliamentary Service Amendment Act 2010
4: Purposes of this Act
The purposes of this Act are as follows:
a: to establish mechanisms for providing services and funding entitlements for parliamentary purposes:
b: to provide for the governance arrangements of the Parliamentary Service, in particular, by making the Chief Executive
c: to reconstitute the Parliamentary Service Commission as a policy body:
d: to provide for regular and independent reviews of the amounts appropriated in Appropriation Acts for services and funding to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
e: to provide for the ownership and control of land and other assets held for parliamentary purposes. Section 4(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 4(d) replaced 16 December 2013 section 51 Members of Parliament (Remuneration and Services) Act 2013
5: Act to bind the Crown
This Act binds the Crown.
2: Delivery of services and funding entitlements for House of Representatives and its members
Parliamentary Service
6: Parliamentary Service
1: There continues to be a service called the Parliamentary Service.
2: The Parliamentary Service is not an instrument of the executive government.
3: The Parliamentary Service is the same service as that established by section 3 of the Parliamentary Service Act 1985 1985 No 128 s 3
7: Principal duties of Parliamentary Service
The principal duties of the Parliamentary Service are—
a: to provide administrative and support services to the House of Representatives and to members of Parliament; and
b: to administer the payment of funding entitlements for parliamentary purposes, except those funding entitlements for parliamentary purposes that the Speaker and the Minister who is, with the authority of the Prime Minister, for the time being responsible for Ministerial Services agree should not be administered by the Parliamentary Service; and
c: to administer the entitlements of members of the Executive under Part 3
d: to administer the payment of the travel entitlements of former members of Parliament. 1985 No 128 s 4(1) Section 7(b) replaced 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013 Section 7(c) inserted 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013 Section 7(d) inserted 16 December 2013 section 52 Members of Parliament (Remuneration and Services) Act 2013
8: Services and administration of funding in accordance with Members of Parliament (Remuneration and Services) Act 2013, determinations and directions, etc
1: In carrying out its duties under section 7(a) to (c)
a: Part 3
b: directions issued by the Speaker under subsection (3) in respect of services to be provided to the House of Representatives.
2: In carrying out its duties under section 7(d) sections 39 to 42 section 41
3: The Speaker must, in each financial year, issue directions to the Parliamentary Service as to the nature of the administrative and support services to be provided to the House of Representatives and the objectives to be achieved by the Service in providing those services.
4: The Speaker must take into account any relevant advice and any relevant recommendation of the Parliamentary Service Commission given under section 14(1) Section 8 replaced 16 December 2013 section 53 Members of Parliament (Remuneration and Services) Act 2013
9: Other functions of Parliamentary Service
1: The Parliamentary Service may, with the approval of the Speaker, provide administrative and support services for the following persons and agencies:
a: any officer of the House of Representatives:
b: any officer of Parliament:
c: any office of Parliament:
d: any department or other instrument of the Crown.
2: The Service has any other function, power, and duty that is conferred or imposed on it by or under an enactment.
3: This Act does not limit the provision to the House of Representatives or to members of Parliament of administrative and support services by any other department or other instrument of the Crown. 1985 No 128 s 4
9A: Application of section 9C to electoral candidates
Section 9A repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9B: Speaker may give directions for provision of services and funding for parliamentary purposes in relation to certain electoral candidates
Section 9B repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9C: Provision of services and funding for parliamentary purposes in relation to certain electoral candidates
Section 9C repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013
9D: Speaker to take into account advice and recommendations of Commission
Section 9D repealed 16 December 2013 section 54 Members of Parliament (Remuneration and Services) Act 2013 Chief Executive Heading amended 24 October 2019 section 106 Statutes Amendment Act 2019
10: Chief Executive The Chief Executive 1985 No 128 s 28 Section 10 heading amended 24 October 2019 section 104(1) Statutes Amendment Act 2019 Section 10 amended 24 October 2019 section 104(2) section 105 Statutes Amendment Act 2019
11: Principal responsibilities of
Chief Executive
1: The Chief Executive
a: the carrying out of the duties and functions of the Parliamentary Service:
b: the tendering of advice to the Speaker and to the Parliamentary Service Commission:
c: the general conduct of the Service:
d: the efficient, effective, and economical management of the activities of the Service.
2: In addition to the responsibilities in subsection (1), the Chief Executive
a: ensure that information is provided in accordance with section 19
b: perform the functions conferred on the Chief Executive
3: The Chief Executive 1988 No 20 s 32 Section 11 heading amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(1) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(2) inserted 16 December 2013 section 55 Members of Parliament (Remuneration and Services) Act 2013 Section 11(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(2)﻿(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 11(3) inserted 16 December 2013 section 55 Members of Parliament (Remuneration and Services) Act 2013 Section 11(3) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Further provisions relating to Parliamentary Service
12: Further provisions relating to Parliamentary Service
Schedule 1
3: Policy relating to parliamentary resources and services
Parliamentary Service Commission
13: Parliamentary Service Commission
There is a commission called the Parliamentary Service Commission. 1985 No 128 s 5
14: Functions of Parliamentary Service Commission
1: The Parliamentary Service Commission has the following functions:
a: to advise the Speaker on the nature of the services to be provided to the House of Representatives, members of Parliament, parties, and qualifying electoral candidates (other than services in respect of members participating in the official inter-parliamentary relations programme):
b: to advise the Speaker on proposed directions relating to the allocation and administration of funding appropriated in Appropriation Acts to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
c: to recommend to the Speaker persons who are suitable to be members of a review committee.
2: The Commission may at any time require the Speaker or the Chief Executive
3: The Commission has any other function or power conferred on it by or under any enactment.
4: The Commission does not have a role in relation to—
a: business transacted at meetings of the House of Representatives or meetings of committees of the House of Representatives; or
b: any other proceedings in Parliament ; or
c: any matter for which the Clerk of the House of Representatives has responsibility. 1985 No 128 s 6(2), (4), (5) Section 14(1) replaced 16 December 2013 section 56(1) Members of Parliament (Remuneration and Services) Act 2013 Section 14(1)﻿(c) replaced 17 December 2016 section 75 Statutes Amendment Act 2016 Section 14(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 14(4)﻿(b) amended 16 December 2013 section 56(2) Members of Parliament (Remuneration and Services) Act 2013 Section 14(4)﻿(c) inserted 16 December 2013 section 56(2) Members of Parliament (Remuneration and Services) Act 2013
15: Membership of Commission during term of Parliament
1: During the term of each Parliament, the Parliamentary Service Commission consists of the following:
a: the Speaker:
b: the Leader of the House or a member of Parliament nominated from time to time by the Leader of the House:
c: the Leader of the Opposition or a member of Parliament nominated from time to time by the Leader of the Opposition:
d: such number of members of Parliament as are appointed from time to time by resolution of the House of Representatives, that number to be determined in accordance with subsection (2).
2: The number of members to be appointed under subsection (1)﻿(d) is to be determined as follows:
a: one member for each recognised party that is represented in the House of Representatives by 1 or more members; and
b: an additional member for each recognised party that—
i: is represented in the House of Representatives by 30 or more members; and
ii: does not include among its members the Speaker, the Leader of the House, or the Leader of the Opposition.
3: No person who holds office as a Minister of the Crown or as a Parliamentary Under-Secretary may be appointed under subsection (1)﻿(d) as a member of the Commission.
4: No person may be appointed under subsection (1)﻿(d) unless the person is a member of the recognised party in respect of which the appointment is made.
5: Past service on the Commission is no bar to nomination or appointment as a member of the Commission.
6: To avoid any doubt, every member of Parliament who acts as a member of the Commission is, in so acting, acting in his or her official capacity as a member of Parliament. 1985 No 128 s 7 1996 No 46 s 7(4)
16: Chairperson of Commission
1: The Speaker is the chairperson of the Parliamentary Service Commission.
2: When there is a vacancy in the office of Speaker, or when the Speaker is (for whatever reason) absent from duty, the Deputy Speaker is the chairperson of the Commission.
17: Vacation of office by nominated or appointed members
1: A member of the Parliamentary Service Commission who holds office because of a nomination under section 15(1)﻿(b) or (c)
a: the person by whom that member was nominated revokes the nomination of that member or nominates, instead of that member, another member of Parliament:
b: Parliament is dissolved or expires:
c: the member ceases to be a member of Parliament before Parliament is dissolved or expires.
2: A member of the Commission who holds office under section 15(1)﻿(d)
a: the House of Representatives rescinds the resolution by which the member was appointed or resolves to appoint to the Commission, instead of that member, another member of Parliament:
b: the member is appointed as a Minister of the Crown or as a Parliamentary Under-Secretary:
c: Parliament is dissolved or expires:
d: the member ceases to be a member of Parliament before Parliament is dissolved or expires.
3: A member of the Commission who holds office because of a nomination or an appointment may, by written notice to the chairperson of the Commission, resign the office at any time. 1985 No 128 s 8
18: Membership of Parliamentary Service Commission between Parliaments
1: Throughout each period commencing immediately after the dissolution or expiry of a Parliament and ending with the first meeting of the House of Representatives after the general election of its members, the Parliamentary Service Commission consists of the following:
a: the Speaker:
b: the Leader of the House or a person nominated from time to time by the Leader of the House:
c: the Leader of the Opposition or a person nominated from time to time by the Leader of the Opposition.
2: No person may be nominated under subsection (1)﻿(b) or (c) unless the person is a member of Parliament or was, at the dissolution or expiry of the Parliament, a member of Parliament.
3: The Speaker continues to be the chairperson of the Commission throughout the period specified in subsection (1). 1985 No 128 s 10
19: Further provisions relating to Commission
Schedule 2 Review committee
20: Establishment of committee to review
annual
1: The Speaker may from time to time, and must at least once during every term of Parliament, establish a review committee of up to 3 persons to review the amounts of money appropriated in Appropriation Acts for the following purposes:
a: administrative and support services provided to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
b: communications services provided to members of Parliament and qualifying electoral candidates:
c: party and member support funding.
2: No person appointed to the review committee may be a member of Parliament or an officer or employee of the Parliamentary Service.
3: Before appointing a person to the review committee, the Speaker must—
a: consult with the Parliamentary Service Commission about the proposed appointment; and
b: take into account any relevant recommendation made by the Commission under section 14(1)﻿(c)
4: The Speaker may appoint persons to the review committee on any terms and conditions, including terms and conditions as to remuneration and travelling allowances, that the Speaker considers appropriate. Section 20 heading amended 16 December 2013 section 57(1) Members of Parliament (Remuneration and Services) Act 2013 Section 20(1) replaced 16 December 2013 section 57(2) Members of Parliament (Remuneration and Services) Act 2013
21: Work of review committee
1: In carrying out its work, the review committee must consider—
a: whether the amounts of money appropriated are being used efficiently; and
b: whether the amounts of money appropriated are adequate to enable members of Parliament, parties, and qualifying electoral candidates to effectively perform their respective functions; and
c: the need for fiscal responsibility.
2: The review committee may, subject to any written direction by the Speaker, regulate its own procedure. Section 21 replaced 16 December 2013 section 58 Members of Parliament (Remuneration and Services) Act 2013
22: Report by committee
1: The review committee must—
a: set out in a report the details of its review and the conclusions reached and recommendations formulated as a result of the review; and
b: submit the report to the Speaker within 3 months after the date on which the review committee is established, or within any further time the Speaker allows.
2: Before submitting its report to the Speaker, the review committee must consult with the Parliamentary Service Commission by seeking—
a: the views of the Commission on the matters to be included in the review committee's report; and
b: the comments of the Commission on any preliminary assessments or recommendations that the review committee proposes to include in the report.
3: The Speaker must present the report to the House of Representatives not later than 6 sitting days after the date on which the review committee submits its report to the Speaker.
4: Land and other assets held for parliamentary purposes
Parliamentary precincts
23: Parliament grounds
The land described in Schedule 3
a: to be vested in fee simple in Her Majesty the Queen for parliamentary purposes; and
b: to be held under the Public Works Act 1981
24: Leased premises in Bowen House
1: On the commencement of this Act, the interests, licences, and rights of the Parliamentary Service Commission under the Bowen House lease cease to be vested in the Parliamentary Service Commission, and vest instead in the Parliamentary Corporation.
2: No person is entitled to terminate, alter, or otherwise affect in any way the interests, licences, and rights vested in the Parliamentary Corporation by subsection (1), simply because of the vesting under that subsection.
3: The Chief Executive Chief Executive’s
4: As long as any land or premises that are subject to the lease continue to be part of the parliamentary precincts, any person may send to the Chief Executive Chief Executive Chief Executive’s Section 24(3) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 24(4) amended 24 October 2019 section 106 Statutes Amendment Act 2019
25: House of Representatives may add land to parliamentary precincts
1: The House of Representatives may from time to time, by resolution,—
a: add any land or premises to the parliamentary precincts; or
b: exclude from the parliamentary precincts any land or premises that are part of the parliamentary precincts by virtue of this Act.
2: The House of Representatives may at any time revoke, vary, or modify a resolution under subsection (1).
3: No land or premises may be added under this section to the parliamentary precincts unless the Crown or the Parliamentary Corporation holds, on the date on which the resolution takes effect, an interest in the land or premises.
4: A resolution under subsection (1) or (2) is secondary legislation ( see Part 3
5: The Clerk of the House of Representatives must lodge a copy of the resolution with the Parliamentary Counsel Office for the purpose of publication under the Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 Disallowance It is not disallowable LA19 s 115 This note is not part of the Act. Section 25(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
26: Parliamentary precincts under control of Speaker
1: The control and administration of the whole of the parliamentary precincts is vested in the Speaker on behalf of the House of Representatives, whether Parliament is in session or not.
2: The Speaker and every person authorised by the Speaker for the purpose has and may exercise, in respect of every part of the parliamentary precincts, all the powers of an occupier under the Trespass Act 1980 Parliamentary Corporation
27: Parliamentary Corporation
1: There is a corporation called the Parliamentary Corporation.
2: The Parliamentary Corporation is a body corporate with perpetual succession and a common seal, and has and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity.
3: The Parliamentary Corporation may exercise its powers only for the purpose of performing its functions.
4: Subsection (2) is subject to section 31
28: Functions of Parliamentary Corporation
The Parliamentary Corporation has the following functions:
a: to facilitate transactions relevant to the duties of the Parliamentary Service:
b: to acquire, hold, and dispose of interests in land and other assets for parliamentary purposes.
29: Membership of Parliamentary Corporation
1: The Parliamentary Corporation consists of the following:
a: the Speaker:
b: the Chief Executive
c: 2 members of the Parliamentary Service Commission (other than the Speaker) appointed by the Commission.
2: A member of the Corporation who holds office under subsection (1)﻿(c) ceases to be a member if one of the following events occurs:
a: the Parliamentary Service Commission revokes the appointment of the member or appoints, instead of that member, another person:
b: the member ceases to be a member of the Parliamentary Service Commission.
3: Despite subsection (2)﻿(b), a member of the Corporation who holds office under subsection (1)﻿(c) immediately before the dissolution or expiry of Parliament continues to hold office until the first meeting of the House of Representatives after the general election of its members.
4: A member of the Corporation who holds office under subsection (1)﻿(c) may, by written notice to the chairperson of the Corporation, resign the office at any time. Section 29(1)﻿(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019
30: Specific powers of Parliamentary Corporation
1: For the purpose of performing its functions, the Parliamentary Corporation may do any or all of the following:
a: enter into deeds, contracts, or arrangements—
i: to purchase, take on lease, sub-lease, licence, or sub-licence any land or buildings or parts of buildings, or to acquire any other interest in land, whether or not subject to a mortgage, charge, lease, easement, or restrictive covenant or other encumbrance:
ii: to sell, transfer, assign, or otherwise dispose of any lease, or other interest in land or buildings or parts of buildings, whether or not subject to a mortgage, charge, lease, easement, or restrictive covenant or other encumbrance:
iii: to erect, alter, rebuild, or add to any building:
iv: to develop or improve any land:
v: to instal partitioning in any building or part of a building:
vi: to fit out any building or part of a building:
b: grant leases, tenancies, sub-leases, licences, or sub-licences over land or buildings or parts of buildings held by the Parliamentary Corporation, and create easements and restrictive covenants over such land or buildings, and accept surrenders or partial surrenders of interests granted by the Corporation:
c: incur other obligations relevant to the duties and functions of the Parliamentary Service.
2: This section does not limit the generality of section 27 1985 No 128 s 6A
31: No borrowing power
The Parliamentary Corporation has no power to borrow money.
32: Further provisions relating to Parliamentary Corporation
Schedule 4
5: Miscellaneous provisions
Exercise of Speaker's powers
33: Deputy Speaker may act as Speaker
When there is a vacancy in the office of Speaker or when the Speaker is (for whatever reason) absent from duty, the functions, duties, and powers of the Speaker under this Act or the Public Finance Act 1989
34: Delegation of powers by Speaker
1: The Speaker may delegate to a specified person any function, duty, or power (other than this power of delegation) that the Speaker has under this Act.
2: A delegation must be in writing and signed by the Speaker.
3: A delegate must exercise or perform functions, duties, or powers—
a: in accordance with any condition attaching to the delegation and any general or special direction given by the Speaker; but
b: otherwise in the same manner and with the same effect as if they had been conferred or imposed on the delegate directly by this Act.
4: Every person purporting to act under a delegation is, in the absence of proof to the contrary, to be regarded as acting in accordance with the terms of the delegation.
35: Status of delegations
1: The Speaker is not prevented from exercising or performing any function, duty, or power delegated under section 34
2: The Speaker may revoke a delegation at any time by written notice to the delegate.
3: A delegation continues in force according to its tenor until it is revoked.
4: If the person who made the delegation ceases to hold office as Speaker, the delegation continues to have effect as if made,—
a: until the election of the next Speaker, by the Deputy Speaker; and
b: after that election, by the next Speaker. Recovery of amounts paid made outside entitlements Heading inserted 1 January 2011 section 8 Parliamentary Service Amendment Act 2010
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. Section 35A inserted 1 January 2011 section 8 Parliamentary Service Amendment Act 2010 Amendments to other Acts
36: Amendment to Ombudsmen Act 1975
Amendment(s) incorporated in the Act(s)
37: Amendment to Higher Salaries Commission Act 1977
Amendment(s) incorporated in the Act(s)
38: Amendment to Official Information Act 1982
Amendment(s) incorporated in the Act(s)
39: Amendment to Public Finance Act 1989
Amendment(s) incorporated in the Act(s) Repeals
40: Repeals
1: The enactments specified in Schedule 5
2: Without limiting the provisions of the Interpretation Act 1999 Parliamentary Service Amendment Act 1991 section 9 of that Act