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This is a Bill, not an Act. For current law, see the Acts databases.
MINISTERS OF STATE (POST-RETIREMENT EMPLOYMENT RESTRICTIONS) BILL 2002 [2008]
2002
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Ministers of State (Post-Retirement
Employment Restrictions) Bill 2002
No. , 2002
(Senators Stott Despoja and Murray)
A Bill for an Act to regulate certain post-retirement
employment of Ministers of State, and for related
purposes
Contents
Part 1--Preliminary
1
1
Short title ............................................................................................ 1
2
Commencement................................................................................... 1
3
Object.................................................................................................. 2
4
Interpretation ...................................................................................... 2
5
Conduct relating to employment before ceasing to be a
Minister or a ministerial adviser ......................................................... 3
6
Conduct relating to employment after ceasing to be a
Minister .............................................................................................. 3
7
Conduct relating to employment after ceasing to be a
ministerial adviser ............................................................................... 4
8
Exceptions........................................................................................... 5
9
Offences and penalties ........................................................................ 5
Ministers of State (Post-Retirement Employment Restrictions) Bill 2002 No. , 2002 1
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A Bill for an Act to regulate certain post-retirement
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employment of Ministers of State, and for related
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purposes
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The Parliament of Australia enacts:
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Part 1--Preliminary
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1 Short title
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This Act may be cited as the Ministers of State (Post-Retirement
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Employment Restrictions) Act 2002.
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2 Commencement
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This Act commences on the day on which it receives the Royal
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Assent.
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3 Objects
1
The objects of this Act are:
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(a) to ensure that Ministers and ministerial advisers shall not act
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after they leave office in such a manner as to take improper
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advantage of their previous office; and
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(b) to enhance public confidence in the integrity of ministerial
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office holders and the independence of the decision-making
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processes of government by establishing clear rules of
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conduct respecting conflict of interest for, and
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post-employment practices applicable to, Ministers and
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ministerial advisers; and
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(c) to eliminate the possibilities of preferential treatment or
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privileged access to government being obtained from or
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through Ministers and ministerial advisers after they have left
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office.
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4 Interpretation
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In this Act, unless the contrary intention appears:
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ceasing to be a Minister in relation to a Minister means ceasing to
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be a Minister in accordance with section 64 of the Constitution.
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department or agency includes any body for which the Minister
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had ministerial responsibility during his or her term as Minister.
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former Minister means a Minister who has ceased to be a
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Minister in accordance with section 64 of the Constitution.
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former ministerial adviser means a person who has ceased in
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accordance with the Members of Parliament (Staff) Act 1984 to
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be employed as a ministerial adviser.
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Minister means a minister appointed in accordance with section 64
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of the Constitution and includes a Parliamentary Secretary.
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ministerial adviser means a person appointed as a member of
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staff of an office-holder in accordance with Part III of the
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Members of Parliament (Staff) Act 1984, where that appointment
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is to the level, or is remunerated at the level equivalent to, officers
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appointed as Senior Executive Service Officers in accordance with
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Part 4, Division 2 of the Public Service Act 1999.
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5 Conduct relating to employment before ceasing to be a Minister or a
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ministerial adviser
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Ministers and ministerial advisers shall not allow themselves to be
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influenced in the conduct of their official duties and responsibilities
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by plans for or offers of employment or other remuneration for
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when they cease to be Ministers or ministerial advisers.
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6 Conduct relating to employment after ceasing to be a Minister
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A former Minister shall not, within two years after ceasing to be a
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Minister:
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(a) provide advice for personal profit or for commercial
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advantage on any aspect of the work of any department or
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agency for which the former Minister had ministerial
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responsibility for any period of time during the last two years
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of service as a Minister; or
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(b) accept employment with a person or entity, association or
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union or an appointment to the board of directors or
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equivalent body of an entity that had significant dealings with
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a department or agency for which the former Minister had
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ministerial responsibility for any period of time during the last
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two years of service as a Minister; or
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(c) enter into a contract for services with any commercial entity
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which had significant commercial dealings with any
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department or agency for which the former Minister had
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ministerial responsibility for any period of time during the last
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two years of service as a Minister; or
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(d) make representations in return for any consideration for or on
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behalf of any other person or entity to a department or
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agency for which the former Minister had ministerial
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responsibility for any period of time during the last two years
1
of service as a Minister.
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7 Conduct relating to employment after ceasing to be a ministerial
3
adviser
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A former ministerial adviser shall not, within two years after
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ceasing to be employed as a ministerial adviser:
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(a) provide advice for personal profit or for commercial
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advantage on any aspect of the work of any department or
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agency for which the ministerial adviser's Minister had
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ministerial responsibility for any period of time during the
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ministerial adviser's last two years of employment with the
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Minister; or
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(b) accept employment with a person or entity, association or
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union or an appointment to the board of directors or
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equivalent body of an entity that had significant dealings with
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a department or agency for which the former ministerial
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adviser's Minister had ministerial responsibility for any period
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of time during the ministerial adviser's last two years of
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employment with the Minister; or
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(c) enter into a contract for services with any commercial entity
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which had significant commercial dealings with any
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department or agency for which the former ministerial
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adviser's Minister had ministerial responsibility for any period
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of time during the ministerial adviser's last two years of
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employment with the Minister; or
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(d) make representations in return for any consideration for or on
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behalf of any other person or entity to a department or
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agency for which the former ministerial adviser's Minister
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had ministerial responsibility for any period of time during the
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ministerial adviser's last two years of employment with the
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Minister.
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8 Exceptions
1
Sections 6 and 7 do not prevent a former Minister or former
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ministerial adviser from taking action on behalf of or engaging in
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the service of:
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(a) a charitable organisation; or
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(b) official duties on behalf of the Commonwealth; or
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(c) duties on behalf of an international organisation in which the
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Commonwealth participates, where the Minister of Foreign
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Affairs certifies that such duty is in the interests of the
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Commonwealth; or
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(d) duties on behalf of a foreign government or an instrumentality
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of a foreign government, where the Minister of Foreign
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Affairs certifies that such duty is in the interests of the
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Commonwealth; or
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(e) a political party.
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9 Offences and penalties
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A person who contravenes section 5, 6 or 7 is guilty of an offence.
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Penalty: Imprisonment for two years or a fine not exceeding
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$250,000.
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