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[Preamble Repealed by 25 Geo.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] [Section 2 Amended by No. 54 of 2016, s. 78, Applied:31 Mar 2017] [Section 2 Amended by No. 59 of 2004, s. 8, Applied:15 May 1999] [Section 2 Amended by No. 54 of 2016, s. 78, Applied:31 Mar 2017] [Section 2 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 2 Amended by No. 54 of 2016, s. 78, Applied:31 Mar 2017]

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] [Section 2 Amended by No. 54 of 2016, s. 78, Applied:31 Mar 2017]

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 ][Section 3A Subsection (3) substituted by No. 54 of 2016, s. 79, Applied:31 Mar 2017] An officer appointed under section 3 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .

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

[Section 4A Inserted by No. 59 of 2004, s. 10, Applied:15 May 1999] [Section 4A Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 4A Substituted by No. 54 of 2016, s. 80, Applied:31 Mar 2017] A person appointed as an officer under section 3 or as a sessional or temporary employee under section 4 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .

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.