Document ID: chunk:federal_register_of_legislation:F2025N00145:reg:5
Version: federal_register_of_legislation:F2025N00145
Segment Type: reg
Provision Reference: reg 5
Character Range: 2001–3856

5  Responsibilities of parliamentarians and office-holders
 (1) Parliamentarians and office-holders:
 (a) employ MOP(S) Act employees to assist them to carry out the duties of the employing parliamentarian or office-holder; and
 (b) may direct a MOP(S) Act employee to undertake activities that support, assist or facilitate the employing parliamentarian or office-holder's duties, including the conduct of the parliamentary business of the employing parliamentarian or office-holder.
Note:  Section 7 of the MOP(S) Act provides that parliamentarians and office‑holders have powers to employ people on behalf of the Commonwealth to assist them in carrying out duties (see section 11). Those duties include but are not limited to the conduct of parliamentary business.
Note:  The meaning of parliamentary business is determined in accordance with section 6 of the Parliamentary Business Resources Act 2017.
 (2) A parliamentarian or office-holder must not direct MOP(S) Act employees to undertake:
 (a) activities that do not comply with all relevant laws; and
 (b) activities that do not support, assist or facilitate the conduct of the employing parliamentarian or office-holder's parliamentary business or other duties.
Note:  Relevant laws include, but are not limited to, the Commonwealth Electoral Act 1918, state, territory and local government election laws, Referendum (Machinery Provisions) Act 1984 and the Parliamentary Business Resources Act 2017.
Note:  Section 7 of the MOPS Act provides that parliamentarians and office holders have powers to employ people on behalf of the Commonwealth to assist them in carrying out duties. Parliamentarians and office‑holders are ultimately responsible for the day‑to‑day management of MOP(S) Act employees, including if direction of management is conducted through other authorised MOP(S) Act employees.