Parliamentary Privilege Act 1898

Parliamentary Privilege Act 1898

An Act to amend the Parliamentary Privilege Act 1858

[Preamble Repealed by 25 Geo. V No. 78 ]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Parliamentary Privilege Act 1898 .

2.   Interpretation

In this Act –

[Section 2 Amended by No. 59 of 2004, s. 8, Applied:15 May 1999] accumulation scheme means the accumulation scheme as defined in the Public Sector Superannuation Reform Act 1999 ;

[Section 2 Amended by No. 59 of 2004, s. 8, Applied:15 May 1999] complying superannuation scheme means a complying superannuation scheme as defined in the Public Sector Superannuation Reform Act 1999 ;

[Section 2 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] contributory scheme means the superannuation arrangements provided by Part 5 of the Retirement Benefits Regulations 2005 ;

the President means the President of the Legislative Council;

[Section 2 Amended by No. 59 of 2004, s. 8, Applied:15 May 1999] relevant officer means the Clerk of the House of Assembly, the Clerk of the Legislative Council or the Secretary of the responsible Department in relation to the Constitution Act 1934 , as the case may require;

[Section 2 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;

the Speaker means the Speaker of the House of Assembly.

3.   Appointment of officers of Parliament

[Section 3 Substituted by No. 77 of 1979, s. 3 ]

(1)  Subject to subsection (3) , the Governor may, on the recommendation of the President, appoint officers for the purposes of the Legislative Council.

(2)  Subject to subsection (3) , the Governor may, on the recommendation of the Speaker, appoint officers for the purposes of the House of Assembly.

(3)  The Governor may, on the joint recommendation of the President and the Speaker, appoint officers for the joint purposes of both Houses of Parliament.

(4)  The purposes referred to in subsection (3) include the reporting of debates and proceedings of Parliament.

3A.   Supplementary provisions relating to officers

[Section 3A Inserted by No. 77 of 1979, s. 4 ][Section 3A Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]

(1)  [Section 3A Subsection (1) amended by No. 20 of 1984, s. 3 and Sched. 1 ]Subject to this section, an officer appointed under section 3 is entitled to –

(a) such salary and allowances as are determined in accordance with an award made by the Tasmanian Industrial Commission under the Industrial Relations Act 1984 ; and

(b) such other terms and conditions of service (including leave) as are determined –

(i) in the case of an officer appointed under section 3 (1) , by the President;

(ii) in the case of an officer appointed under section 3 (2) , by the Speaker; and

(iii) in the case of an officer appointed under section 3 (3) , by the President and the Speaker acting jointly.

(2)  [Section 3A Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 3A Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The provisions of the State Service Act 2000 do not apply to an officer appointed under section 3 .

(3)  [Section 3A Subsection (3) amended by No. 59 of 2004, s. 9, Applied:15 May 1999] [Section 3A Subsection (3) amended by No. 10 of 1982, s. 95 and Sched. 8, Pt. I & II ]An officer appointed under section 3 shall be deemed to be an employee for the purposes of the Retirement Benefits Act 1993 or, if appointed on or after 15 May 1999, the Public Sector Superannuation Reform Act 1999 .

3B.   Disqualification from holding office; vacation of office

[Section 3B Inserted by No. 77 of 1979, s. 4 ]

(1)  A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of any such House of Parliament, is disqualified from being appointed as an officer under section 3 , and, if a person holding office as an officer under that section becomes a candidate for election as such a member, he shall vacate that office.

(2)  For the purpose of subsection (1) , a person becomes a candidate for election as a member of a House of Parliament when he is nominated for election in accordance with the law regulating the election.

(3)  An officer appointed under section 3 may, by writing under his hand addressed to the Governor, apply to resign his office, and, on the acceptance of the application by the Governor, that office is vacated.

4.   Appointment of sessional and temporary employees

[Section 4 Substituted by No. 77 of 1979, s. 5 ]

(1)  The President may appoint such sessional or temporary employees required for the Legislative Council for such period as he thinks necessary.

(2)  The Speaker may appoint such sessional or temporary employees required for the House of Assembly for such period as he thinks necessary.

(3)  The President and the Speaker acting jointly may appoint such sessional or temporary employees required for both Houses of Parliament for such period as they think necessary.

(4)  A person appointed under this section as a sessional or temporary employee is entitled to remuneration at such rates, and to such other terms and conditions of employment (including leave), as the President or the Speaker or, as the case may be, the President and the Speaker may determine in respect of him.

(5)  Nothing in this section empowers the President or the Speaker, or the President and Speaker acting jointly, as the case may be, to make an appointment under this section unless Parliament has voted the money necessary for that appointment.

4A.   Superannuation entitlements of officers and employees appointed on or after 15 May 1999

[Section 4A Inserted by No. 59 of 2004, s. 10, Applied:15 May 1999]

(1)  [Section 4A Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] This section applies in respect of a person appointed as an officer under section 3 or as a sessional or temporary employee under section 4 if in either case he or she was appointed on or after 15 May 1999 and was not, immediately before his or her appointment, a contributor to the contributory scheme.

(2)  Where a person is appointed as an officer or as a sessional or temporary employee on or after 15 May 1999 and before 25 April 2000 –

(a) [Section 4A Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] he or she is not eligible to become a member of the contributory scheme; and

(b) references to an employee in the Public Sector Superannuation Reform Act 1999 are to be read as including references to an officer or a sessional or temporary employee; and

(c) [Section 4A Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] the rate of contributions to be made in respect of the officer or sessional or temporary employee is the relevant rate specified in section 6(7) of the Public Sector Superannuation Reform Act 1999 ; and

(d) [Section 4A Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] on and after 25 April 2000, all such contributions are to be paid into an RSA or a complying superannuation scheme nominated by the officer or sessional or temporary employee in accordance with subsection (4) or, if no such nomination is made, into the accumulation scheme.

(3)  Where a person is appointed as an officer or sessional or temporary employee on or after 25 April 2000 –

(a) he or she is not eligible to become a member of the contributory scheme provided by the Retirement Benefits Regulations 1994 ; and

(b) subject to subsection (4) , he or she is to be a member of the accumulation scheme; and

(c) references to an employee in the Public Sector Superannuation Reform Act 1999 are to be read as including references to an officer or sessional or temporary employee; and

(d) the rate of contributions to be made in respect of the officer or sessional or temporary employee is the relevant rate specified in section 6(7) of the Public Sector Superannuation Reform Act 1999 .

(4)  [Section 4A Subsection (4) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] An officer or sessional or temporary employee may elect, either before or after commencing the duties of his or her office as such, to become a member of an RSA or a complying superannuation scheme that is not the accumulation scheme.

(5)  [Section 4A Subsection (5) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] If an officer or sessional or temporary employee has become a member of an RSA or a complying superannuation scheme that is not the accumulation scheme, he or she may elect at any time while holding office as such to become a member of the accumulation scheme.

(6)  Where an officer or sessional or temporary employee elects to become a member of a complying superannuation scheme that is not the accumulation scheme, the relevant officer must, on being satisfied after making reasonable inquiries that the nominated scheme is a complying superannuation scheme, make contributions –

(a) at the relevant rate specified in section 6(7) of the Public Sector Superannuation Reform Act 1999 ; and

(b) in the manner required by the rules of that scheme.

(6A)  [Section 4A Subsection (6A) inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] If an officer or sessional or temporary employee has become a member of an RSA, the relevant officer must make contributions to that RSA at the relevant rate specified in section 6(7) of the Public Sector Superannuation Reform Act 1999 .

(7)  An election under this section is to be made in writing to the relevant officer.

(8)  [Section 4A Subsection (8) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] .  .  .  .  .  .  .  .  

5.   Payments for contingent services may be made on authority of President or Speaker

(1)  [Section 5 Subsection (1) substituted by No. 77 of 1979, s. 6 ]Any expenditure out of money provided by an Appropriation Act in relation to Parliament, other than expenditure in relation to the salaries, allowances, and other emoluments of persons appointed and employed under this Act, may be incurred –

(a) in the case of expenditure relating to the Legislative Council, on the written authority (either special or general) of the President;

(b) in the case of expenditure relating to the House of Assembly, on the written authority (either special or general) of the Speaker; or

(c) in the case of expenditure relating to both Houses of Parliament, on the written authority (either special or general) of the President and the Speaker acting jointly.

(2)  [Section 5 Subsection (2) omitted by No. 28 of 1990, s. 70 and Sched. 3 ].  .  .  .  .  .  .  .  

(3)  [Section 5 Subsection (3) omitted by No. 28 of 1990, s. 70 and Sched. 3 ].  .  .  .  .  .  .  .  

6.   Expenses of members of Select Committees

[Section 6 Substituted by 25 Geo. V No. 78 ][Section 6 Amended by No. 43 of 1964, s. 5 ]Either House may make rules providing for the payment to any Member acting on any Select Committee of such House, or on any Joint Committee of both Houses, of such allowances, fees, or emoluments as may be prescribed by those rules.