Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:60
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 60
Character Range: 91669–94356

60  Statutory office holder bound by Code of Conduct

Extent to which statutory office holders are bound by the Code of Conduct
 (1) For the purposes of subsection 14(2A) of the Act:
 (a) a statutory office holder is bound by the Code of Conduct only to the extent to which the statutory office holder is assisted by, or deals with, Parliamentary Services employees:
 (i) in a supervisory capacity; or
 (ii) in another capacity related to the statutory office holder's day‑to‑day working relationship with Parliamentary Service employees; and
 (b) the statutory office holder is not bound by the Code of Conduct to the extent of any inconsistency between the requirements of:
 (i) the Code of Conduct; and
 (ii) a law of the Commonwealth, or a State or Territory, that relates to a statutory office holder's office or appointment.
Note: The Code of Conduct requires the upholding of the Parliamentary Service Values and Parliamentary Service Employment Principles, among other things.
 (2) For the purposes of subsection 14(2A) of the Act, a statutory office holder is bound by the Code of Conduct to the extent to which the Code can apply to the statutory office holder if:
 (a) a reference in the Code to a Parliamentary Service employee were taken to include a reference to a statutory office holder; and
 (b) a reference in the Code to Parliamentary Service employment were taken to include matters related to the statutory office holder's office or appointment.

Meaning of statutory office holder—offices
 (3) For the purposes of the definition of statutory office holder in subsection 14(3) of the Act, an office is prescribed if:
 (a) the office is held by a person who is engaged or employed under the Act; and
 (b) the office is held by a person who is assisted by, or has dealings with, Parliamentary Service employees:
 (i) in a supervisory capacity; or
 (ii) in another capacity related to the person's day‑to‑day working relationship with Parliamentary Service employees; and
 (c) the office is not an office of Secretary.

Meaning of statutory office holder—appointments
 (4) For the purposes of the definition of statutory office holder in subsection 14(3) of the Act, an appointment is prescribed if:
 (a) the appointment is the appointment of a person under the Act; and
 (b) the appointment is of a person who is assisted by, or has dealings with, Parliamentary Service employees:
 (i) in a supervisory capacity; or
 (ii) in another capacity related to the person's day‑to‑day working relationship with Parliamentary Service employees; and
 (c) the appointment is not an appointment as Secretary.

Part 7—Review of actions

Division 1—Statement of intent and outline