Compilation #None | Effective 2004-07-01
FRBR Work URI: /akn/au/act/1988/9
This Act may be cited as the Parliamentary Precincts Act 1988.
(1) Sections 1, 2, 3, 4 and 7, and the amendment of the Parliament House Construction Authority Act 1979 made by this Act, commence on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
In this Act, unless the contrary intention appears:
House means a House of the Parliament.
order means a standing or other order, and includes a rule or resolution.
Parliament House means the new Parliament House.
precincts means:
the Parliamentary precincts defined by section 4; and
any property to which section 5 applies.
Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.
property means:
land; or
a building or part of a building.
protective service officer means:
a protective service officer; or
a special protective service officer;
within the meaning of the Australian Federal Police Act 1979.
A reference in this Act to a Presiding Officer includes a reference to a person for the time being exercising powers, and performing functions, vested in a Presiding Officer apart from this Act.
A reference in this Act to the Presiding Officers is a reference to those Officers acting jointly.
The Parliamentary precincts consist of the land on the inner side of the boundary defined by subsection (2), and all buildings, structures and works, and parts of buildings, structures and works, on, above or under that land.
The boundary of the Parliamentary precincts is the approximately circular line comprising:
the arcs formed by the outer edge of the top of the retaining wall; and
in places where there is no retaining wall—arcs completing the circle partly formed by the first-mentioned arcs.
In this section:
inner means nearer to Parliament House, and outer has the opposite meaning.
retaining wall means the wall of varying height that partly surrounds the perimeter of the site of Parliament House and is near the inner kerb of Capital Circle, but does not include any part of the road tunnel on Capital Circle.
The location of the Parliamentary precincts defined by this section is indicated by shading on the plan set out in Schedule 1.
This section applies to property that is owned or held under lease by the Commonwealth and is not within the Parliamentary precincts defined by section 4.
If the Presiding Officers certify in writing that specified property is required for purposes of the Parliament, the regulations may declare that the property shall be treated as part of the Parliamentary precincts for the purposes of this Act.
The precincts are under the control and management of the Presiding Officers.
The Presiding Officers may, subject to any order of either House, take any action they consider necessary for the control and management of the precincts.
In respect of the Ministerial Wing in Parliament House, the powers and functions given to the Presiding Officers by subsections (1) and (2) are subject to any limitations and conditions agreed between the Presiding Officers and the Minister.
The Presiding Officers may, on behalf of the Commonwealth:
grant leases and licences in respect of property in the precincts to be used for commercial purposes; and
exercise any rights of the Commonwealth in respect of such leases and licences.
Leases and licences shall be on such terms and conditions, and subject to payment of such consideration, as the Presiding Officers think fit.
This section has effect notwithstanding anything to the contrary in any law of the Australian Capital Territory relating to leases.
In this section:
precincts does not include any property to which section 5 applies.
(1) Where, under an order of either House relating to the powers, privileges and immunities of that House, a person is required to be arrested or held in custody, the person may be arrested or held by a member or special member of the Australian Federal Police in accordance with general arrangements agreed between the Presiding Officers and the Minister administering the Australian Federal Police Act 1979.
(2) Subsection (1) has effect notwithstanding the Australian Federal Police Act 1979.
The functions of protective service officers in relation to the precincts shall be performed in accordance with general arrangements agreed between the Presiding Officers and the Minister administering the Australian Federal Police Act 1979.
The functions of the Director of Public Prosecutions in respect of offences committed in the precincts shall be performed in accordance with general arrangements agreed between the Presiding Officers and the Director of Public Prosecutions.
The Public Order (Protection of Persons and Property) Act 1971 applies to the precincts as if they were Commonwealth premises within the meaning of that Act.
Nothing in this Act shall be taken to derogate from the powers, privileges and immunities of each House, and of the members and committees of each House, under any other law.
The Governor-General may make regulations for the purposes of subsection 5(2).
The Acts specified in Schedule 2 are amended as set out in that Schedule.