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This is a Bill, not an Act. For current law, see the Acts databases.

PARLIAMENTARY COUNSEL AND OTHER LEGISLATION AMENDMENT BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Parliamentary Counsel and Other
Legislation Amendment Bill 2012
No. , 2012
(Attorney-General)
A Bill for an Act to confer additional functions on
the Office of Parliamentary Counsel, and for
related purposes
i Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Main amendments
3
Parliamentary Counsel Act 1970
3
Schedule 2--Other amendments
6
Part 1--Amendments
6
Acts Publication Act 1905
6
Family Law Act 1975
6
Federal Court of Australia Act 1976
7
Federal Magistrates Act 1999
7
Judiciary Act 1903
7
Legislative Instruments Act 2003
7
Part 2--Transitional and saving provisions
12
Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012 1
A Bill for an Act to confer additional functions on
1
the Office of Parliamentary Counsel, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Parliamentary Counsel and Other
6
Legislation Amendment Act 2012.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Main amendments Schedule 1
Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012 3
Schedule 1--Main amendments
1
2
Parliamentary Counsel Act 1970
3
1 Section 3
4
Omit "The functions", substitute "(1) The functions".
5
2 At the end of paragraph 3(a)
6
Add "and".
7
3 Paragraph 3(c)
8
Repeal the paragraph, substitute:
9
(c) the drafting of subordinate legislation; and
10
(d) the preparing of compilations and reprints of, and
11
information relating to, laws of the Commonwealth; and
12
(e) the publishing, and the making of arrangements for the
13
printing and publishing, of:
14
(i) laws, and proposed laws, of the Commonwealth; and
15
(ii) compilations and reprints of laws of the
16
Commonwealth; and
17
(iii) information relating to laws of the Commonwealth; and
18
(f) the preparing and publishing of Government Notices
19
Gazettes, including Special and Periodic Gazettes; and
20
(g) functions conferred on the Office (or on First Parliamentary
21
Counsel) under the Acts Publication Act 1905, the Legislative
22
Instruments Act 2003 and any other laws of the
23
Commonwealth; and
24
(h) with the written approval of the Minister--the provision of
25
assistance to a foreign country in relation to the drafting,
26
printing or publishing of laws of the country or information
27
relating to those laws; and
28
(i) functions conferred by the regulations; and
29
(j) functions incidental to any of the preceding functions.
30
4 At the end of section 3
31
Add:
32
Schedule 1 Main amendments
4 Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012
(2) The fact that an activity is within the functions of the Office of
1
Parliamentary Counsel does not of itself exclude other persons or
2
bodies from engaging in the activity. However, directions under
3
section 55ZF of the Judiciary Act 1903 may affect the extent to
4
which other persons or bodies may engage in the activity.
5
(3) An approval under paragraph (1)(h) is not a legislative instrument.
6
(4) In this section:
7
laws of the Commonwealth include Acts and subordinate
8
legislation.
9
publishing includes publishing electronically.
10
subordinate legislation includes:
11
(a) Ordinances, Proclamations, regulations, rules and other
12
legislative instruments made under laws of the
13
Commonwealth; and
14
(b) other instruments that:
15
(i) are made under laws of the Commonwealth; or
16
(ii) have or are given the force of Commonwealth law; or
17
(iii) are otherwise related to, or have effect for the purposes
18
of, laws of the Commonwealth.
19
5 After section 16A
20
Insert:
21
16B Charging of fees
22
(1) The Office of Parliamentary Counsel may, on behalf of the
23
Commonwealth, charge fees for things done in the performance of
24
the Office's functions, other than the functions covered by
25
paragraphs 3(1)(a) and (b).
26
(2) A fee charged under subsection (1) must not be such as to amount
27
to taxation.
28
(3) A fee charged under subsection (1):
29
(a) is a debt due to the Office of Parliamentary Counsel, on
30
behalf of the Commonwealth; and
31
Main amendments Schedule 1
Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012 5
(b) is recoverable by the Office of Parliamentary Counsel, on
1
behalf of the Commonwealth, in a court of competent
2
jurisdiction.
3
16C Notional payment of fees by the Commonwealth
4
(1) The purpose of this section is to ensure that fees under section 16B
5
are notionally payable by the Commonwealth (or parts of the
6
Commonwealth).
7
(2) The Minister responsible for administering the Financial
8
Management and Accountability Act 1997 may give written
9
directions for the purpose of this section, including directions
10
relating to the transfer of amounts within, or between, accounts
11
operated by the Commonwealth.
12
(3) A direction under subsection (2) is not a legislative instrument.
13
14
Schedule 2 Other amendments
Part 1 Amendments
6 Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012
Schedule 2--Other amendments
1
Part 1--Amendments
2
Acts Publication Act 1905
3
1 Section 1A
4
Insert:
5
First Parliamentary Counsel means the person appointed to the
6
position of First Parliamentary Counsel under subsection 4(1) of
7
the Parliamentary Counsel Act 1970.
8
2 Section 1A (definition of Secretary)
9
Repeal the definition.
10
3 Subsection 4(1)
11
Omit "Secretary", substitute "First Parliamentary Counsel".
12
4 Subsection 4(2)
13
Omit "Secretary", substitute "First Parliamentary Counsel".
14
5 Subsection 4(3)
15
Omit "Secretary", substitute "First Parliamentary Counsel".
16
6 Subsection 8(1)
17
Omit "Secretary" (wherever occurring), substitute "First Parliamentary
18
Counsel".
19
7 Subsection 8(2)
20
Omit "Secretary", substitute "First Parliamentary Counsel".
21
Family Law Act 1975
22
8 Subsection 123(2A)
23
Omit "Department", substitute "Office of Parliamentary Counsel
24
(established by subsection 2(1) of the Parliamentary Counsel Act
25
1970)".
26
Other amendments Schedule 2
Amendments Part 1
Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012 7
Federal Court of Australia Act 1976
1
9 Subsection 59(5)
2
Omit "Department", substitute "Office of Parliamentary Counsel
3
(established by subsection 2(1) of the Parliamentary Counsel Act
4
1970)".
5
Federal Magistrates Act 1999
6
10 Subsection 81(4)
7
Omit "Department", substitute "Office of Parliamentary Counsel
8
(established by subsection 2(1) of the Parliamentary Counsel Act
9
1970)".
10
Judiciary Act 1903
11
11 Subsection 86(3)
12
Omit "Department", substitute "Office of Parliamentary Counsel
13
(established by subsection 2(1) of the Parliamentary Counsel Act
14
1970)".
15
Legislative Instruments Act 2003
16
12 Subsection 4(1)
17
Insert:
18
First Parliamentary Counsel means the person appointed to the
19
position of First Parliamentary Counsel under subsection 4(1) of
20
the Parliamentary Counsel Act 1970.
21
13 Subsection 4(1)
22
Insert:
23
Office of Parliamentary Counsel means the Office established by
24
subsection 2(1) of the Parliamentary Counsel Act 1970.
25
14 Subsection 4(1)
26
Insert:
27
Schedule 2 Other amendments
Part 1 Amendments
8 Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012
Second Parliamentary Counsel means a person appointed to the
1
position of Second Parliamentary Counsel under subsection 4(1) of
2
the Parliamentary Counsel Act 1970.
3
15 Subsection 4(1) (definition of Secretary)
4
Repeal the definition.
5
16 Subsection 16(1)
6
Omit "Secretary", substitute "First Parliamentary Counsel".
7
17 Paragraph 16(2)(d)
8
Omit "other Departments or agencies", substitute "Departments or other
9
agencies".
10
18 Paragraph 16(2)(e)
11
Omit "other Departments or agencies", substitute "Departments or other
12
agencies".
13
19 Paragraph 16(2)(e)
14
Omit "Department", substitute "Office of Parliamentary Counsel".
15
20 Paragraph 16(2)(f)
16
Omit "other Departments or agencies", substitute "Departments or other
17
agencies".
18
21 Subsection 16(3)
19
Omit "Secretary", substitute "First Parliamentary Counsel".
20
22 Subsection 20(1)
21
Omit "Secretary", substitute "First Parliamentary Counsel".
22
23 Subsection 20(1A)
23
Omit "Secretary", substitute "First Parliamentary Counsel".
24
24 Subsection 23(1)
25
Omit "Secretary" (wherever occurring), substitute "First Parliamentary
26
Counsel".
27
25 Subsection 25(1)
28
Other amendments Schedule 2
Amendments Part 1
Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012 9
Omit "Department", substitute "Office of Parliamentary Counsel".
1
26 Paragraph 25(2)(d)
2
Omit "Secretary", substitute "First Parliamentary Counsel".
3
27 Subsection 27(1)
4
Omit "Secretary", substitute "First Parliamentary Counsel".
5
28 Subsection 29(1)
6
Omit "Department", substitute "Office of Parliamentary Counsel".
7
29 Subsection 29(2)
8
Omit "Department", substitute "Office of Parliamentary Counsel".
9
30 Paragraph 29(3)(d)
10
Omit "Secretary", substitute "First Parliamentary Counsel".
11
31 Subsection 30(1)
12
Omit "Secretary", substitute "First Parliamentary Counsel".
13
32 Subsection 31(2)
14
Omit "Secretary", substitute "First Parliamentary Counsel".
15
33 Subsection 31(3)
16
Omit "Secretary" (wherever occurring), substitute "First Parliamentary
17
Counsel".
18
34 Subsection 33(1)
19
Omit "Secretary", substitute "First Parliamentary Counsel".
20
35 Subsection 33(2)
21
Omit "Secretary" (wherever occurring), substitute "First Parliamentary
22
Counsel".
23
36 Section 34 (heading)
24
Repeal the heading, substitute:
25
Schedule 2 Other amendments
Part 1 Amendments
10 Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012
34 First Parliamentary Counsel may require provision of
1
compilations for registration purposes
2
37 Subsection 34(1)
3
Omit "Secretary", substitute "First Parliamentary Counsel".
4
38 Subsection 34(2)
5
Omit "Secretary", substitute "First Parliamentary Counsel".
6
39 Subsection 34(3)
7
Omit "Secretary" (wherever occurring), substitute "First Parliamentary
8
Counsel".
9
40 Subsection 38(1)
10
Omit "Department", substitute "Office of Parliamentary Counsel".
11
41 Subsection 39(1)
12
Omit "Department", substitute "Office of Parliamentary Counsel".
13
42 Subsection 39(2)
14
Omit "Department" (first occurring), substitute "Office of
15
Parliamentary Counsel".
16
43 Subsection 39(2)
17
Omit "Department" (second and third occurring), substitute "Office".
18
44 Subsection 52(3)
19
Omit "Department", substitute "Office of Parliamentary Counsel".
20
45 Section 58
21
Repeal the section, substitute:
22
58 Delegation
23
The First Parliamentary Counsel may, by signed instrument,
24
delegate to:
25
(a) a Second Parliamentary Counsel; or
26
(b) an SES employee in the Office of Parliamentary Counsel; or
27
(c) an SES employee in the Department;
28
Other amendments Schedule 2
Amendments Part 1
Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012 11
any of the powers or functions of the First Parliamentary Counsel
1
under this Act.
2
3
Schedule 2 Other amendments
Part 2 Transitional and saving provisions
12 Parliamentary Counsel and Other Legislation Amendment Bill 2012 No. , 2012
Part 2--Transitional and saving provisions
1
46 Definitions
2
(1)
In this Part:
3
Secretary means the Secretary of the Department.
4
(2)
To avoid doubt, a reference in this Part to doing a thing includes a
5
reference to making an instrument.
6
47 Things done under the Acts Publication Act 1905
7
(1)
If, before the commencement of this item, a thing was done by or in
8
relation to the Secretary under a provision of the Acts Publication Act
9
1905 then, for the purposes of the operation of any law of the
10
Commonwealth on and after the commencement of this item, the thing
11
is taken to have been done by or in relation to the First Parliamentary
12
Counsel under that provision as in force after the commencement of this
13
item.
14
(2)
Subitem (1) is not to be taken to change the time at which a thing was
15
done by or in relation to the Secretary.
16
48 Things done under the Legislative Instruments Act 2003
17
(1)
If, before the commencement of this item, a thing was done by or in
18
relation to the Secretary under a provision of the Legislative Instruments
19
Act 2003 (or of regulations made under that Act) then, for the purposes
20
of the operation of any law of the Commonwealth on and after the
21
commencement of this item, the thing is taken to have been done by or
22
in relation to the First Parliamentary Counsel under that provision as in
23
force after the commencement of this item.
24
(2)
If, before the commencement of this item, a thing was done by or in
25
relation to the Department under a provision of the Legislative
26
Instruments Act 2003 (or of regulations made under that Act) then, for
27
the purposes of the operation of any law of the Commonwealth on and
28
after the commencement of this item, the thing is taken to have been
29
done by or in relation to the Office of Parliamentary Counsel under that
30
provision as in force after the commencement of this item.
31
(3)
Neither subitem (1) nor (2) is to be taken to change the time at which a
32
thing was done by or in relation to the Secretary or the Department.
33

 

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