Commonwealth Consolidated ActsAct No. 8 of 1970 as amended
This compilation was prepared on 27 March 2012
taking into account amendments up to Act No. 46 of 2011
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
1............ Short title [see Note 1] ........................................................................ 1
2............ Office of Parliamentary Counsel ......................................................... 1
3............ Functions of the Office of Parliamentary Counsel .............................. 1
4............ Appointment of First and Second Parliamentary Counsel ................... 1
5............ Tenure of office ................................................................................... 2
6............ Remuneration and allowances ............................................................. 2
7............ Leave of absence ................................................................................. 2
8............ Resignation ......................................................................................... 2
9............ First or Second Parliamentary Counsel not to undertake other work .. 2
10.......... Termination of appointment ................................................................ 3
14.......... Oath or affirmation of allegiance and office ........................................ 3
15.......... Acting appointments ........................................................................... 3
16.......... Staff .................................................................................................... 4
16A....... Annual report ...................................................................................... 4
17.......... Regulations ......................................................................................... 4
The Schedule 6
OATH 6
AFFIRMATION 6
Notes 7
Notes to
the
Parliamentary Counsel Act 1970 Note 1 The
Parliamentary Counsel Act 1970
as shown in this compilation comprises Act No. 8, 1970
amended as indicated in the Tables below. All relevant information pertaining to application, saving or
transitional provisions prior to 1 October 2001 is not included in this
compilation. For subsequent
information see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
|
8, 1970 |
15 May 1970 |
12 June 1970 |
|
||
|
Salaries Act 1971 (a) |
22, 1971 |
4 May 1971 |
14 Jan 1971 |
-- |
|
|
Statute Law Revision Act 1973 |
216, 1973 |
19 Dec 1973 |
31 Dec 1973 |
Ss. 9(1) and 10 |
|
|
61, 1981 |
12 June 1981 |
S. 115: Royal Assent (b) |
-- |
||
|
39, 1983 |
20 June 1983 |
S. 3: 18 July 1983 (c) |
-- |
||
|
63, 1984 |
25 June 1984 |
S. 151(1): 1 July 1984 (see Gazette 1984, No. S245) (d) |
S. 151(9) |
||
|
Statute Law (Miscellaneous Provisions ) Act 1988 |
38, 1988 |
3 June 1988 |
S. 3: Royal Assent (e) |
S. 5(1), (5) |
|
|
122, 1991 |
27 June 1991 |
Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 |
-- |
||
|
43, 1996 |
25 Oct 1996 |
Schedule 4 (item 118): Royal Assent (f) |
-- |
||
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 725-727): 5 Dec 1999 (see Gazette 1999, No. S584) (g) |
-- |
|
|
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 |
159, 2001 |
1 Oct 2001 |
29 Oct 2001 |
Sch. 1 (item 97) [see Table A] |
|
|
73, 2008 |
3 July 2008 |
Schedule 4 (item 412): 4 July 2008 |
-- |
||
|
Acts Interpretation Amendment Act 2011 |
46, 2011 |
27 June 2011 |
Schedule 2 (items 903, 904) and Schedule 3 (items 10, 11): 27 Dec 2011 |
Sch. 3 (items 10, 11) [see Table A] |
|
(a) The Salaries Act 1971 was repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeal does not affect the operation of any amendment made by the repealed Act or any provision made by it for the citation of an Act as so amended.
(b) The Parliamentary Counsel Act 1970 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(c) The Parliamentary Counsel Act 1970 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.
(d) The Parliamentary Counsel Act 1970 was amended by subsection 151(1) of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
(e) The Parliamentary Counsel Act 1970 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(f) The Parliamentary Counsel Act 1970 was amended by Schedule 4 (item 118) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(g) The Parliamentary Counsel Act 1970 was amended by Schedule 1 (items 725-727) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
S. 2...................................... |
am. No. 61, 1981; No. 38, 1988 |
|
S. 3...................................... |
am. No. 216, 1973; No. 39, 1983; No. 38, 1988 |
|
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 |
|
Notes to s. 15(1), (2)......... |
ad. 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 |
Table A
Application, saving or transitional provisions
Abolition of Compulsory Age Retirement (Statutory
Officeholders) Act 2001
(No. 159,
2001)
Schedule 1
97 Application of amendments
The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
Schedule 3
10 Saving--appointments
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.