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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 3
As laid on the table and read a first time, 15 September
2004
South Australia
Statutes
Amendment (Parliament Finance and Services) Bill 2004
A Bill For
An Act to amend the Constitution Act 1934 and
the Parliament (Joint Services) Act 1985.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of
Constitution Act 1934
4 Insertion of section 64AA
64AA Appropriation for general purposes of
Parliament
Part 3—Amendment of the Parliament
(Joint Services) Act 1985
5 Amendment of section 4—Interpretation
6 Substitution of section 6
Division 1A—Executive Officer
for the joint parliamentary service
6 Executive Officer for the joint
parliamentary service
6A Duties of Executive Officer
7 Amendment of section 7—Divisions of
the parliamentary service
8 Amendment of section 8—Duties of
chief officers
9 Amendment of section 9—Delegation
10 Amendment of section 10—Creation and
abolition of offices
11 Substitution of section 11
11 Remuneration levels of offices
12 Amendment of section 21—Special leave
13 Amendment of section 24—Application of
certain Acts
14 Amendment of section 26—Certain officers to constitute advisory committee
15 Amendment of section 30—Allowances and
deductions
16 Repeal of
Schedules 1 and 2
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Statutes Amendment (Parliament
Finance and Services) Act 2004.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Constitution Act 1934
After section 64 insert:
64AA—Appropriation
for general purposes of Parliament
(1) No appropriation Bill for general
government purposes of the State for a financial year may be introduced into
Parliament unless—
(a) an appropriation Bill for the general purposes of the
Parliament for the financial year has been passed by the Parliament and
assented to by the Governor; or
(b) an appropriation Bill for the general purposes of the
Parliament for the financial year has been passed by the House of Assembly and
six sitting days of the Legislative Council have elapsed since the Bill was
received by the Legislative Council from the House of Assembly.
(2) If
an appropriation Act for the general purposes of the Parliament for a financial
year has not come into operation at the commencement of the financial year, an
amount is appropriated by force of this subsection for those purposes equal to
the amount appropriated for those purposes for the preceding financial year
less an amount equal to the total of any payments of a capital nature made
during the preceding financial year from the money appropriated for those
purposes for the preceding financial year.
(3) If
an appropriation Act for the general purposes of the Parliament for a financial
year is enacted after the commencement of the financial year, the appropriation
Act operates in substitution for the appropriation by force of
subsection (2) .
(4) This
section does not affect any other statutory provisions fixing or providing for
the determination of remuneration, allowances or other benefits for members of
Parliament, or appropriating money for the payment of remuneration, allowances
or other benefits for members of Parliament.
(5) In this section—
appropriation Bill means a Bill for appropriating revenue or
other public money for purposes other than a previously authorised purpose (as
defined by section 60(4)), and appropriation Act has a
corresponding meaning;
committee of the Parliament includes a body corporate constituted by
statute and comprised, or having a governing body comprised, only of members of
Parliament (whether or not described as a committee of the Parliament);
the general purposes of the Parliament means all the staff, services, buildings,
facilities and operations of the Parliament, including benefits for members of
Parliament for which money is not appropriated by some other statutory
provision;
the Parliament includes either House of Parliament and
the committees of the Parliament or either House of Parliament.
Part 3—Amendment of the Parliament (Joint Services) Act 1985
5—Amendment of section 4—Interpretation
Section 4(1)—after the definition of the
Committee insert:
Executive Officer for the joint parliamentary service means the person
holding or acting in the office of Executive Officer for the joint
parliamentary service under Part 2;
Section 6—delete the section and
substitute:
Division 1A—Executive
Officer for the joint parliamentary service
6—Executive
Officer for the joint parliamentary service
(1) The
office of Executive Officer for the joint parliamentary service is established.
(2) Subject
to this section, the Executive Officer is to be appointed by the Committee on
terms and conditions determined by the Committee.
(3) The
salary for the office of Executive Officer is to be 90 per cent of the salary
for the Office of Clerk of the Legislative Council or Clerk of the House of
Assembly.
(4) The
appointment of a person as the Executive Officer may be terminated by the
Committee by not less than 3 months notice in writing to the Executive Officer.
(5) Nothing
in this section prevents termination of the Executive Officer's appointment by
a shorter period of notice than 3 months provided that a payment is made to the
Executive Officer in lieu of notice of an amount equal to the salary and
allowances (if any) that the Executive Officer would have been entitled to
receive during the balance of the period of 3 months.
(6) The
provisions of Part 3 relating to termination of an officer's employment apply
to the Executive Officer in addition to this section but subject to the terms
and conditions of the Executive Officer's appointment.
(7) The
Committee may appoint a person to act in the office of Executive Officer during
a vacancy in the office or absence of the holder of the office.
6A—Duties of
Executive Officer
(1) The
Executive Officer is responsible to the Committee for the efficient management
of the joint parliamentary service.
(2) The
Executive Officer must, at the request of the Committee, and may at his or her
own initiative, make a report to the Committee on any aspect of the management
or operation of the joint parliamentary service.
7—Amendment of section 7—Divisions of the parliamentary service
Section 7(2)(d)—delete
"the person for the time being acting as secretary to the Committee"
and substitute:
the Executive Officer for the joint parliamentary service
8—Amendment of section 8—Duties of chief officers
(1) Section 8(1)—delete "Committee"
and substitute:
Executive Officer for the joint parliamentary service
(2) Section
8(2) and (3)—delete subsections (2) and (3)
9—Amendment of section 9—Delegation
(1) Section 9(1)—after paragraph (a) insert:
(ab) to the Executive Officer for the joint
parliamentary service; or
(2) Section 9(2)—delete subsection (2) and
substitute:
(2) A
power or function delegated under this section may, subject to any conditions
of the delegation, be further delegated.
10—Amendment of section 10—Creation and abolition of offices
(1) Section 10(1)—delete "Governor may, on
the recommendation of the Committee" and substitute:
Committee may
(2) Section 10(2)—delete "shall not
recommend the abolition of" and substitute:
may not abolish
Section 11—delete the section and
substitute:
11—Remuneration
levels of offices
(1) Subject
to this Act, the Committee may fix or vary the remuneration levels of an office
of the joint parliamentary service.
(2) For
the purposes of this section, a structure of remuneration levels that
corresponds to one applying under the Public Sector Management Act 1995
should be adopted (as far as may be appropriate to the various offices of the
joint parliamentary service), and where remuneration levels within the
structure applying under the Public Sector Management Act 1995 are
varied under that Act, that variation is to operate in relation to the
corresponding structure under this Act.
(3) An
officer occupying a particular office may apply to the Committee for variation
of the remuneration level of the office.
(4) A
variation of the remuneration level of an office has effect from a date
determined by the Committee which may be a date earlier than the date of the
decision to vary the level.
(5) The
Committee must, in accordance with the rules, cause notice of the fixing or
variation of the remuneration level of an office under this section to be laid
before both Houses of Parliament.
12—Amendment of section 21—Special leave
Section 21(3)—delete subsection (3)
13—Amendment of section 24—Application of certain Acts
(1) Section
24(1)—delete subsection (1)
(2) Section 24—delete "Industrial
Conciliation and Arbitration Act 1972" wherever occurring and
substitute in each case:
Industrial and Employee Relations Act 1994
(3) Section 24—delete "Workers
Compensation Act 1971" wherever occurring and substitute in each case:
Workers Rehabilitation and Compensation Act 1986
(4) Section 24(4)(a)(i)—delete "the Court" third occurring and
substitute:
the Tribunal or a person authorised by the Tribunal
(5) Section 24(4)(a)(ii)—after
"award" insert:
or enterprise agreement
(6) Section 24(5)—before "the
President" insert:
the Senior Judge or
(7) Section 24(5)—after "the Court"
wherever occurring insert in each case:
, the Tribunal
(8) Section 24(8), definition of the
Commission—after "Industrial" insert:
Relations
(9) Section 24(8), definition of the
Court—after "Industrial" insert:
Relations
(10) Section 24(8), definition of inspector—delete
the definition and substitute:
inspector means an inspector or authorised officer
under the Industrial and Employee Relations Act 1994 or the Workers
Rehabilitation and Compensation Act 1986;
the Tribunal means the Workers Compensation Tribunal.
14—Amendment of section 26—Certain officers to constitute advisory committee
(1) Section 26(1)(c),
(d), (e) and (f)—delete paragraphs (c), (d), (e) and (f) and substitute:
(c) the Executive Officer for the joint parliamentary service.
(2) Section 26(3)—delete "Four" and
substitute:
Two
15—Amendment of section 30—Allowances and deductions
Section 30(2)—delete "Public
Service Act 1967" wherever occurring and substitute in each case:
Public Sector Management Act 1995
16—Repeal of Schedules 1 and 2
Schedules 1 and 2—delete the Schedules