Compilation #4 | Effective 2015-12-10
FRBR Work URI: /akn/au/act/1965/5
This Act may be cited as the Parliamentary Presiding Officers Act 1965.
In this Act:
Deputy Presiding Officer means:
in relation to the Senate—the Deputy President and Chair of Committees;
in relation to the House of Representatives—the Deputy Speaker.
Presiding Officer means:
in relation to the Senate—the President of the Senate;
in relation to the House of Representatives—the Speaker of the House of Representatives.
If the Presiding Officer of either House of the Parliament resigns his or her office or his or her seat, he or she shall, for the purposes of the exercise of any powers or functions by the Presiding Officer of that House under a law of the Commonwealth, be deemed to continue to be the Presiding Officer of that House (whether or not that House is dissolved, or the House of Representatives expires, after he or she so resigns) until a Presiding Officer is chosen by that House.
If the President of the Senate ceases to be a senator by reason of the expiration of his or her term of service, he or she shall, for the purposes of the exercise of any powers or functions by the President of the Senate under a law of the Commonwealth, be deemed to continue to be the President of the Senate (whether or not the Senate is dissolved after he or she so ceases to be a senator) until a President is chosen by the Senate.
If:
the Presiding Officer of either House of the Parliament; or
a person who, by virtue of section 3 or 4, is to be deemed, for the purposes of the exercise of any powers or functions by the Presiding Officer of either House of the Parliament, to continue to be the Presiding Officer of that House;
dies, is absent from the Commonwealth or is incapable by reason of illness from exercising any powers or functions under a law of the Commonwealth, the Deputy Presiding Officer of that House shall, for the purposes of the exercise of any powers or functions by the Presiding Officer of that House under a law of the Commonwealth, be deemed to be the Presiding Officer of that House (whether or not that House is dissolved, or the House of Representatives expires, after the death or during the absence or incapacity) until a Presiding Officer is chosen by that House or the absence or incapacity terminates, as the case may be.
For the purposes of subsection (1), where there is no Deputy Presiding Officer of a House of the Parliament, the person who last held office as Deputy Presiding Officer of that House shall be deemed to continue to be the Deputy Presiding Officer of that House until a Deputy Presiding Officer of that House is appointed by that House.
Where either House of the Parliament is dissolved, or the House of Representatives expires, the person, if any, who was the Presiding Officer of that House immediately before the dissolution or expiry shall, for the purposes of the exercise of any powers or functions by the Presiding Officer of that House under a law of the Commonwealth, be deemed to continue to be the Presiding Officer of that House until a Presiding Officer is chosen by that House.
If, after either House of the Parliament has been dissolved, or the House of Representatives has expired, the person, if any, who was the Presiding Officer of that House immediately before the dissolution or expiry dies, is absent from the Commonwealth or is incapable by reason of illness of exercising any powers or functions under a law of the Commonwealth, the person who last held office as Deputy Presiding Officer of that House shall, for the purposes of the exercise of any powers or functions by the Presiding Officer of that House under a law of the Commonwealth, be deemed to be the Presiding Officer of that House until a Presiding Officer is chosen by that House or the absence or incapacity terminates, as the case may be.
Endnotes
Endnote 1—About the endnotes
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
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
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.
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.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history