Commonwealth Numbered Acts Commonwealth Numbered Acts
Parliamentary Counsel Act 1970
1 Section 3
Omit "The functions", substitute "(1) The functions".
2 At the end of paragraph 3(a)
Add "and".
3 Paragraph 3(c)
Repeal the paragraph, substitute:
(c) the drafting of subordinate legislation; and
(d) the preparing of compilations and reprints of, and information relating to, laws of the Commonwealth; and
(e) the publishing, and the making of arrangements for the printing and publishing, of:
(i) laws, and proposed laws, of the Commonwealth; and
(ii) compilations and reprints of laws of the Commonwealth; and
(iii) information relating to laws of the Commonwealth; and
(f) the preparing and publishing of Government Notices Gazettes, including Special and Periodic Gazettes; and
(g) functions conferred on the Office (or on First Parliamentary Counsel) under the Acts Publication Act 1905 , the Legislative Instruments Act 2003 and any other laws of the Commonwealth; and
(h) with the written approval of the Minister--the provision of assistance to a foreign country in relation to the drafting, printing or publishing of laws of the country or information relating to those laws; and
(i) functions conferred by the regulations; and
(j) functions incidental to any of the preceding functions.
4 At the end of section 3
Add:
(2) The fact that an activity is within the functions of the Office of Parliamentary Counsel does not of itself exclude other persons or bodies from engaging in the activity. However, directions under section 55ZF of the Judiciary Act 1903 may affect the extent to which other persons or bodies may engage in the activity.
(3) An approval under paragraph (1)(h) is not a legislative instrument.
(4) In this section:
"laws" of the Commonwealth include Acts and subordinate legislation.
"publishing" includes publishing electronically.
"subordinate legislation" includes:
(a) Ordinances, Proclamations, regulations, rules and other legislative instruments made under laws of the Commonwealth; and
(b) other instruments that:
(i) are made under laws of the Commonwealth; or
(ii) have or are given the force of Commonwealth law; or
(iii) are otherwise related to, or have effect for the purposes of, laws of the Commonwealth.
5 After section 16A
Insert:
(1) The Office of Parliamentary Counsel may, on behalf of the Commonwealth, charge fees for things done in the performance of the Office's functions, other than the functions covered by paragraphs 3(1)(a) and (b).
(2) A fee charged under subsection (1) must not be such as to amount to taxation.
(3) A fee charged under subsection (1):
(a) is a debt due to the Office of Parliamentary Counsel, on behalf of the Commonwealth; and
(b) is recoverable by the Office of Parliamentary Counsel, on behalf of the Commonwealth, in a court of competent jurisdiction.
16C Notional payment of fees by the Commonwealth
(1) The purpose of this section is to ensure that fees under section 16B are notionally payable by the Commonwealth (or parts of the Commonwealth).
(2) The Minister responsible for administering the Financial Management and Accountability Act 1997 may give written directions for the purpose of this section, including directions relating to the transfer of amounts within, or between, accounts operated by the Commonwealth.
(3) A direction under subsection (2) is not a legislative instrument.