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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Presidential
Nominations Committee Bill 1999
No. ,
1999
(Attorney-General)
A
Bill for an Act to establish a Committee to invite and consider nominations for
appointment as President of the Commonwealth of Australia, and for related
purposes
ISBN: 0642
403880
Contents
A Bill for an Act to establish a Committee to invite and
consider nominations for appointment as President of the Commonwealth of
Australia, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Presidential Nominations Committee Act
1999.
This Act commences on the day on which it receives the Royal
Assent.
In this Act:
Commonwealth member means a member of a Presidential
Nominations Committee who is appointed under section 9.
community member means a member of a Presidential Nominations
Committee who is appointed under section 11.
Convenor of a Presidential Nominations Committee means the
member of the Committee who is appointed as the Convenor of the Committee under
section 12.
member of a Presidential Nominations Committee includes the
Convenor of the Committee.
President means President of the Commonwealth of
Australia.
Presidential Nominations Committee means a Committee
established under this Act.
State/Territory member means a member of a Presidential
Nominations Committee who is appointed under section 10.
(1) A Presidential Nominations Committee is to be established in
accordance with this Act each time that it is necessary to choose a person as
President.
(2) A Presidential Nominations Committee is established when the
appointment of its 16th member comes into effect.
(3) A Presidential Nominations Committee ceases to exist when the incoming
President’s term of office begins.
(1) The functions of a Presidential Nominations Committee are as
follows:
(a) to invite nominations for appointment as President;
(b) to consider the nominations received;
(c) to give the Prime Minister a report on the nominations.
Note: Part 4 deals with nominations.
(2) A Presidential Nominations Committee has power to do all things
necessary or convenient to be done for or in connection with performing its
functions.
(1) Questions to be decided by a Presidential Nominations Committee must
be decided by a majority of the votes cast by members of the Committee present
and voting.
(2) The Convenor may vote on all questions and also has a casting
vote.
A Presidential Nominations Committee may determine its own
procedures.
A Presidential Nominations Committee has 32 members appointed by the
Prime Minister by giving written notice to the appointee. The membership is as
follows:
(a) 8 Commonwealth members appointed under section 9;
(b) 8 State/Territory members appointed under section 10;
(c) 16 community members appointed under section 11.
(1) The Prime Minister must appoint to a Presidential Nominations
Committee 8 members of the Commonwealth Parliament. The 8 places are allocated
on the basis of the representation of political parties in the Parliament, as
follows.
(2) Only political parties with at least 5 members of the Parliament are
entitled to be allocated places.
(3) Starting with the party or parties with the most members of the
Parliament and ending with the party or parties with the fewest members (but no
fewer than 5), one place is allocated to each of the parties in turn.
(4) If there are places remaining to be allocated because there are fewer
than 8 parties with at least 5 members of the Parliament, those places are
allocated among the parties in the same way as the other places were allocated,
except that only parties with at least 15 members of the Parliament are entitled
to be allocated places under this subsection.
(5) If 2 or more parties with equal numbers of members of the Parliament
are entitled to a place or places, and there are not enough places for each of
those parties to be allocated a place, the remaining place or places must be
allocated between them by lottery.
(6) In filling each place that is allocated to a particular party, the
Prime Minister must appoint the member of the Parliament nominated by that
party’s leader in the Parliament.
The Prime Minister must appoint to a Presidential Nominations
Committee:
(a) one member of the Parliament of each State who is nominated by that
Parliament; and
(b) one member of the Legislative Assembly for the Australian Capital
Territory who is nominated by that Assembly; and
(c) one member of the Legislative Assembly of the Northern Territory who
is nominated by that Assembly.
The Prime Minister must appoint to a Presidential Nominations Committee
16 persons who are not members of the Commonwealth Parliament or the Parliament
or legislature of a State or Territory.
The Prime Minister must appoint one of the members of a Presidential
Nominations Committee as the Convenor of the Committee.
(1) A person appointed as a member of a Presidential Nominations Committee
becomes a member at the time specified by the Prime Minister in the notice of
appointment.
(2) All members of a Presidential Nominations Committee cease to be
members when the incoming President’s term of office begins.
(1) A member of a Presidential Nominations Committee holds office on a
part-time basis.
(2) A member of a
Presidential Nominations Committee is to be paid the allowances that are
prescribed.
(3) A community member of a Presidential Nominations Committee is to be
paid the remuneration that is determined by the Remuneration Tribunal. If no
determination of that remuneration by the Tribunal is in operation, the member
is to be paid the remuneration that is prescribed.
(4) Subsections (2) and (3) have effect subject to the Remuneration
Tribunal Act 1973.
(5) A member of a Presidential Nominations Committee holds office on the
terms and conditions (if any), in relation to matters not covered by this Act,
that are determined by the Prime Minister.
(1) A member of a Presidential Nominations Committee may resign by giving
the Prime Minister a written resignation.
(2) If a member of a Presidential Nominations Committee is nominated for
appointment as President (see Part 4), the person ceases to be a member of the
Committee when the Committee receives the nomination.
(1) If a vacancy in the membership of a Presidential Nominations Committee
arises, the Prime Minister may appoint a person to fill the vacancy.
(2) If the vacancy is for a Commonwealth member for a particular political
party, the person appointed must be the member of the Commonwealth Parliament
nominated by the party’s leader in the Parliament.
(3) If the vacancy
is for a State/Territory member, the person appointed must be the member of the
relevant State’s Parliament, or the relevant Territory’s Legislative
Assembly, nominated by the Premier of that State or Chief Minister of that
Territory.
(4) For the purposes of this Act, a person appointed under this section is
taken to have been appointed under whichever of sections 9, 10 and 11 is
relevant.
(1) Subject to subsection (2), a vacancy or vacancies in the membership of
a Presidential Nominations Committee does not affect the performance of the
functions or the exercise of the powers of the Committee.
(2) A Presidential Nominations Committee may only perform functions or
exercise powers if there are at least 16 members, at least 8 of whom are
community members.
As soon as practicable after a Presidential Nominations Committee is
established, the Committee must invite the public to make nominations for
appointment as President.
Any Australian citizen or group of citizens may nominate a person for
President.
A nomination must be in writing in the form determined by the
Presidential Nominations Committee and must be accompanied by:
(a) the nominee’s written consent to being nominated; and
(b) a written statement in support of the nomination, including a
statement indicating whether the nominee is qualified to be chosen as President;
and
(c) any other information or material required by the Committee.
A person or group that has made a nomination, or the nominee who
consented to it, may withdraw the nomination at any time by giving the
Presidential Nominations Committee a written withdrawal.
(1) The Presidential Nominations Committee must give to the Prime Minister
a written report on the nominations received.
(2) The report must include a short list of nominees whom the Committee
considers to be the most suitable candidates to be appointed as
President.
(3) In considering the nominations received and preparing the report, the
Committee must consider:
(a) the diversity of the Australian community; and
(b) the ability of the nominees to command the respect and support of the
Australian community.
(4) The Committee may consider any other matter that it considers relevant
to the suitability of the nominees for appointment as President and may have
regard to any material it considers appropriate. However, the Committee is not
required to give any person an opportunity to be heard on any
matter.
(1) This Part applies to the following persons (entrusted
persons):
(a) persons who are or have been members of a Presidential Nominations
Committee;
(b) persons who are or have been staff members assisting a Presidential
Nominations Committee.
(2) In this Part:
court includes any tribunal, authority or person having the
power to require the production of documents or the answering of
questions.
disclose means divulge or communicate.
(1) This section restricts what entrusted persons may do with information
relating to nominations received by a Presidential Nominations Committee. It
applies:
(a) even if a nomination has been withdrawn; and
(b) even after the incoming President has been appointed.
(2) An entrusted person must not make a record of, or disclose, the
identity of, or information that might tend to identify, a person who has been
nominated for President and whose nomination the Committee has received,
unless:
(a) the nominee has given written consent to the recording or disclosure;
or
(b) the recording or disclosure happens in the course of the performance
of the duties of the entrusted person as a member of the Committee or the
Committee’s staff.
(3) An entrusted person is not to be required to:
(a) produce to a court any record that identifies, or might tend to
identify, a person who has been nominated for President and whose nomination the
Committee has received; or
(b) disclose to a court the identity of, or information that might tend to
identify, such a person;
unless the nominee has given written consent to the production or
disclosure, or the production or disclosure is for the purposes of proceedings
in respect of a contravention of this Act or in respect of the performance of
functions, or exercise of powers, under this Act.
(1) This section restricts the circumstances in which entrusted persons
may produce a section 22 report, or part of such a report. It applies even after
the incoming President has been appointed.
(2) An entrusted person must not produce to any person a section 22
report, or part of such a report, except in the course of the performance of the
duties of the entrusted person as a member of the Committee or the
Committee’s staff.
(3) An entrusted person is not to be required to produce to a court a
section 22 report, or part of such a report, unless the production is for the
purposes of proceedings in respect of a contravention of this Act or in respect
of the performance of functions, or exercise of powers, under this
Act.
A Presidential Nominations Committee may be assisted by a staff
consisting of officers and employees of Departments of the Australian Public
Service, and of Commonwealth authorities, whose services are made available to
the Committee in connection with the performance of any of its
functions.
A person is not subject to any liability to any person in respect of
anything done, or omitted to be done, in good faith in the exercise or
performance of powers, functions or duties under this Act.
(1) The President may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient for carrying out or giving effect to this
Act.
(2) However, before the commencement of Schedule 1 to the Constitution
Alteration (Establishment of Republic) 1999 on 1 January 2001, the
Governor-General may instead make regulations prescribing those
matters.