PARLIAMENTARY COUNSEL ACT 1970 - NOTES
PARLIAMENTARY COUNSEL ACT 1970 - NOTES
No. 8, 1970
Compilation No. 11
Compilation date: 5 March 2016
Includes amendments up to: Act No. 10, 2015
Registered: 17 May 2016
About this compilation
This compilation
This is a compilation of the Parliamentary Counsel Act 1970 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Office of Parliamentary Counsel
3 Functions of the Office of Parliamentary Counsel
4 Appointment of First and Second Parliamentary Counsel
5 Tenure of office
6 Remuneration and allowances
7 Leave of absence
8 Resignation
9 First or Second Parliamentary Counsel not to undertake other work
10 Termination of appointment
14 Oath or affirmation of allegiance and office
15 Acting appointments
16 Staff
16B Charging of fees
16C Notional payment of fees by the Commonwealth
17 Regulations
The Schedule
OATH
AFFIRMATION
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
8, 1970 | 15 May 1970 | 12 June 1970 |
| |
Salaries Act 1971 | 22, 1971 | 4 May 1971 | 14 Jan 1971 (see s 2) | -- |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 (see s 2) | |
61, 1981 | 12 June 1981 | s. 115: 12 June 1981 (see s 2(1)) | -- | |
39, 1983 | 20 June 1983 | -- | ||
63, 1984 | 25 June 1984 | s. 151(1): 1 July 1984 (see s 2(4) and Gazette 1984, No. S245) | s. 151(9) | |
Statute Law (Miscellaneous Provisions ) Act 1988 | 38, 1988 | 3 June 1988 | s. 5(1), (5) | |
122, 1991 | 27 June 1991 | s. 31: 10 Dec 1991 (see s 2(3) and Gazette 1991, No. S332) | -- | |
43, 1996 | 25 Oct 1996 | Schedule 4 (item 118): 25 Oct 1996 (see s 2(1)) | -- | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Schedule 1 (items 725-727): 5 Dec 1999 (see s 2(1), (2) and Gazette 1999, No. S584) | -- |
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 | 159, 2001 | 1 Oct 2001 | 29 Oct 2001 (see s 2(1)) | Sch. 1 (item 97) |
73, 2008 | 3 July 2008 | Schedule 4 (item 412): 4 July 2008 (see s 2(1) item 64) | -- | |
46, 2011 | 27 June 2011 | Schedule 2 (items 903, 904) and Schedule 3 (items 10, 11): 27 Dec 2011 (see s 2(1) items 7, 12) | Sch. 3 (items 10, 11) | |
Parliamentary Counsel and Other Legislation Amendment Act 2012 | 107, 2012 | 22 July 2012 | Schedule 1: 1 Oct 2012 (see s 2(1) item 2 and F2012L01963) | -- |
62, 2014 | 30 June 2014 | Sch 6 (item 65), Sch 11 (items 34, 35) and Sch 14 : 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
10, 2015 | 5 Mar 2015 | Sch 1 (item 157, 166-179): 5 Mar 2016 (s 2(1) item 2) | Sch 1 (items 166-179) | |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 3 (item 6) |
Provision affected | How affected |
s. 2..................... | am. No. 61, 1981; No. 38, 1988; No 62, 2014 |
s. 3..................... | am. No. 216, 1973; No. 39, 1983; No. 38, 1988; No. 107, 2012; No 10, 2015 |
| ed C11 |
s. 4..................... | am. No. 216, 1973; No. 61, 1981; No. 38, 1988 |
s. 5..................... | am. No. 61, 1981; No. 38, 1988; No. 159, 2001 |
s. 6..................... | am. No. 22, 1971 |
| rs. No. 61, 1981 |
| am. No. 43, 1996 |
s. 7..................... | am. No. 38, 1988 |
| rs. No. 122, 1991 |
| am. No. 146, 1999 |
s. 8..................... | rs. No. 38, 1988 |
s. 9..................... | am. No. 38, 1988 |
s. 10.................... | am. No. 61, 1981; No. 38, 1988; No. 122, 1991; No. 73, 2008 |
s. 11.................... | am. No. 216, 1973 |
| rep. No. 61, 1981 |
s. 12.................... | rep. No. 61, 1981 |
s. 13.................... | rep. No. 216, 1973 |
s. 14.................... | am. No. 61, 1981; No. 38, 1988 |
s. 15.................... | rs. No. 61, 1981 |
| am. No. 38, 1988; No. 46, 2011 |
s. 16.................... | am. No. 61, 1981; No. 63, 1984; No. 38, 1988; No. 146, 1999 |
s. 16A................... | ad. No. 39, 1983 |
| am. No. 38, 1988 |
| rep No 62, 2014 |
s. 16B................... | ad. No. 107, 2012 |
s. 16C................... | ad. No. 107, 2012 |
| am No 62, 2014 |
In preparing this compilation for registration, the editorial change set out below were made under the Legislation Act 2003.
Paragraph 3(1)(g)
Kind of editorial change
The amendment from Act No. 10, 2015 Schedule 1 (item 157) creates two consecutive occurrences of the word "the" in paragraph 3(1)(g).
Details of editorial change
To remove one of the consecutive occurrence of the word "the" in paragraph 3(1)(g).
This compilation was editorially changed to omit the word "the" to give effect to the amendment as intended.