Parliamentary Presiding Officers Act 1965

No. 5, 1965

Compilation No.   4

Compilation date: 10 December 2015

Includes amendments up to: Act No. 145, 2015

Registered: 28 January 2016

About this compilation

This compilation

This is a compilation of the Parliamentary Presiding Officers Act 1965 that shows the text of the law as amended and in force on 10 December 2015 (the compilation date).

This compilation was prepared on 20 January 2016.

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 ComLaw (www.comlaw.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 ComLaw 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.

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 ComLaw 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1

2 Interpretation 1

3 Presiding Officer to be deemed to continue to be Presiding Officer after resignation 1

4 President of Senate to be deemed to continue to be President after expiration of term of service 2

5 Deputy Presiding Officer to be deemed to be Presiding Officer in event of death, absence or incapacity of Presiding Officer 2

6 Presiding Officer to be deemed to continue to be Presiding Officer after dissolution or expiry of House 3

7 Deputy Presiding Officer to be deemed to be Presiding Officer in event of death, absence or incapacity of Presiding Officer after dissolution or expiry of House 3

Endnotes 4

Endnote 1—About the endnotes 4

Endnote 2—Abbreviation key 5

Endnote 3—Legislation history 6

Endnote 4—Amendment history 7

An Act relating to the Exercise in certain circumstances of Statutory Powers and Functions of Parliamentary Presiding Officers
1 Short title

This Act may be cited as the Parliamentary Presiding Officers Act 1965.
2 Interpretation

In this Act:

Deputy Presiding Officer means:

 a

in relation to the Senate—the Deputy President and Chair of Committees;

 b

in relation to the House of Representatives—the Deputy Speaker.

Presiding Officer means:

 a

in relation to the Senate—the President of the Senate;

 b

in relation to the House of Representatives—the Speaker of the House of Representatives.
3 Presiding Officer to be deemed to continue to be Presiding Officer after resignation

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.
4 President of Senate to be deemed to continue to be President after expiration of term of service

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.
5 Deputy Presiding Officer to be deemed to be Presiding Officer in event of death, absence or incapacity of Presiding Officer 1

If:

 a

the Presiding Officer of either House of the Parliament; or

 b

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.

 2

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.
6 Presiding Officer to be deemed to continue to be Presiding Officer after dissolution or expiry of 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.
7 Deputy Presiding Officer to be deemed to be Presiding Officer in event of death, absence or incapacity of Presiding Officer after dissolution or expiry of 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
A = Act o = order(s)
ad = added or inserted Ord = Ordinance
am = amended orig = original
amdt = amendment par = paragraph(s)/subparagraph(s)
c = clause(s) /sub-subparagraph(s)
C[x] = Compilation No. x pres = present
Ch = Chapter(s) prev = previous
def = definition(s) (prev…) = previously
Dict = Dictionary Pt = Part(s)
disallowed = disallowed by Parliament r = regulation(s)/rule(s)
Div = Division(s) Reg = Regulation/Regulations
exp = expires/expired or ceases/ceased to have reloc = relocated
effect renum = renumbered
F = Federal Register of Legislative Instruments rep = repealed
gaz = gazette rs = repealed and substituted
LI = Legislative Instrument s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
(md) = misdescribed amendment can be given Sdiv = Subdivision(s)
effect SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment SR = Statutory Rules
cannot be given effect Sub-Ch = Sub-Chapter(s)
mod = modified/modification SubPt = Subpart(s)
No. = Number(s) underlining = whole or part not
commenced or to be commenced

Endnote 3—Legislation history
Act Number and year Assent Commencement Application, saving and transitional provisions
Parliamentary Presiding Officers Act 1965 5, 1965 12 Apr 1965 10 May 1965
Parliamentary Presiding Officers Amendment Act 1992 163, 1992 11 Dec 1992 11 Dec 1992 (s 2) —
Prime Minister and Cabinet (Miscellaneous Provisions) Act 1995 138, 1995 5 Dec 1995 5 Dec 1995 (s 2) —
Statute Law Revision Act (No. 2) 2015 145, 2015 12 Nov 2015 Sch 4 (item 46): 10 Dec 2015 (s 2(1) item 7) —

Endnote 4—Amendment history
Provision affected How affected
s 2 rs No 163, 1992
am No 138, 1995; No 145, 2015
s 3 am No 163, 1992
s 4 am No 163, 1992
s 5 am No 163, 1992
s 6 am No 163, 1992
s 7 am No 163, 1992