Commonwealth Entities Legislation Amendment Act 2026

No. 13, 2026

An Act to amend the law relating to the Australian Centre for International Agricultural Research, the Australian Safeguards Office, the Australian Trade and Investment Commission and the Office of Parliamentary Counsel, and for related purposes

Contents

1 Short title 2

2 Commencement 2

3 Schedules 2

Schedule 1—Foreign Affairs and Trade agencies 4

Part 1—CEO of Austrade 4

Division 1—Performance standard 4

Australian Trade and Investment Commission Act 1985 4

Division 2—Suspension of appointment 4

Australian Trade and Investment Commission Act 1985 4

Division 3—Termination of appointment 7

Australian Trade and Investment Commission Act 1985 7

Division 4—Definition of serious misconduct 8

Australian Trade and Investment Commission Act 1985 8

Division 5—Engaging in paid work 9

Australian Trade and Investment Commission Act 1985 9

Part 2—CEO of the Australian Centre for International Agricultural Research 11

Division 1—Tenure of office 11

Australian Centre for International Agricultural Research Act 1982 11

Division 2—Performance standard 11

Australian Centre for International Agricultural Research Act 1982 11

Division 3—Suspension of appointment 12

Australian Centre for International Agricultural Research Act 1982 12

Division 4—Termination of appointment 14

Australian Centre for International Agricultural Research Act 1982 14

Division 5—Definition of serious misconduct 15

Australian Centre for International Agricultural Research Act 1982 15

Division 6—Engaging in paid work 16

Australian Centre for International Agricultural Research Act 1982 16

Part 3—Director of Safeguards 17

Division 1—Suspension of appointment 17

Nuclear Non-Proliferation (Safeguards) Act 1987 17

Division 2—Termination of appointment 19

Nuclear Non-Proliferation (Safeguards) Act 1987 19

Division 3—Definition of serious misconduct 20

Nuclear Non-Proliferation (Safeguards) Act 1987 20

Division 4—Engaging in paid work 21

Nuclear Non-Proliferation (Safeguards) Act 1987 21

Schedule 2—Office of Parliamentary Counsel 23

Part 1—Ministerial directions 23

Parliamentary Counsel Act 1970 23

Part 2—Tenure of office 24

Parliamentary Counsel Act 1970 24

Part 3—Performance standard 25

Parliamentary Counsel Act 1970 25

Part 4—Termination of appointment 26

Parliamentary Counsel Act 1970 26

Part 5—Definition of serious misconduct 29

Parliamentary Counsel Act 1970 29

Part 6—Engaging in paid work 31

Parliamentary Counsel Act 1970 31

Commonwealth Entities Legislation Amendment Act 2026

No. 13, 2026

[Assented to 26 March 2026]

The Parliament of Australia enacts:

1 Short title

This Act is the Commonwealth Entities Legislation Amendment Act 2026.

2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information	Commencement information	Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	26 March 2026
2. Schedule 1	The day after this Act receives the Royal Assent.	27 March 2026
3. Schedule 2, Parts 1 to 3	The day after the end of the period of 14 days beginning on the day this Act receives the Royal Assent.	9 April 2026
4. Schedule 2, Parts 4 to 6	Immediately after the commencement of the provisions covered by table item 3.	9 April 2026

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Foreign Affairs and Trade agencies

Australian Trade and Investment Commission Act 1985

1 Subsection 3(1)

Insert:

performance standard means the performance standard determined under subsection 51(5).

2 At the end of section 51

Add:

Performance standard

Note: Unsatisfactory performance may lead to termination of the CEO’s appointment: see subsection 59(3).

Australian Trade and Investment Commission Act 1985

The Minister may, in writing, determine a performance standard for the CEO.

The performance standard is not a legislative instrument.

3 Paragraph 56(b)

After “CEO”, insert “is suspended from office,”.

4 After section 58

Insert:

58A Suspension 1

The Minister may, by notice in writing, suspend the appointment of the CEO if the Minister believes that the suspension would be in the interests of the Commission.

The appointment is suspended for such period (not exceeding 3 months) as the Minister considers appropriate in all of the circumstances. That period must be specified in the notice.

The suspension of the appointment of the CEO does not affect any entitlement of the CEO to be paid remuneration and allowances.

Extension of suspension

Before the end of the period of suspension (including that period as previously extended under this subsection), the Minister may, by notice in writing, extend the period of suspension if:

the Minister believes that the extension would be in the interests of the Commission; or

subsection (7) applies.

The suspension is extended for such period as the Minister considers appropriate in all of the circumstances. The period of suspension, as extended, must be specified in the notice.

The period of suspension, as extended, must not exceed:

if subsection (7) applies—12 months; or

otherwise—3 months.

For the purposes of paragraphs (4)(b) and (6)(a), this subsection applies if:

when the Minister extends the period of suspension:

an inquiry to which subsection (8) applies is being conducted; and

the Minister is satisfied that extending the period of suspension is necessary for the purposes of the conduct of the inquiry, the Minister considering the findings or report of the inquiry or action being taken in response to the findings or report; or

both:

an inquiry to which subsection (8) applies was being conducted at any time in the 4 weeks before the Minister extends the period of suspension; and

when the Minister extends the period of suspension, the Minister is satisfied that extending the period of suspension is necessary for the purposes of the Minister considering the findings or report of the inquiry or action being taken in response to the findings or report.

This subsection applies to an inquiry if:

the inquiry commences before the end of 3 months starting at the start of the period of suspension; and

the inquiry is any of the following:

(i) an inquiry by the Australian Public Service Commissioner under Public Service Act 1999 into whether the CEO has breached the APS Code of Conduct;section 41A of the

(ii) a corruption investigation (within the meaning of the National Anti-Corruption Commission Act 2022) into a corruption issue involving conduct of the CEO;

iii

an inquiry, conducted at the request or direction of the Minister, into whether the CEO’s conduct or behaviour amounts to serious misconduct by the CEO.

(9) Subsections (4) to (8) do not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (1) of this section.

5 Application of amendments

The amendments made by this Division apply in relation to suspending an appointment if the suspension occurs on or after the commencement of this item, whether the appointment was made before, on or after that commencement.

Australian Trade and Investment Commission Act 1985

6 Subsection 59(1)

Repeal the subsection, substitute:

The Minister may terminate the appointment of the CEO:

for misbehaviour; or

if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity; or

if the CEO’s conduct or behaviour amounts to serious misconduct by the CEO.

7 Subsection 59(2)

Omit “may”, substitute “must”.

8 At the end of subsection 59(2)

Add:

; or (d) the CEO fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.section 29 of the

9 Subsection 59(3)

Repeal the subsection, substitute:

The Minister may terminate the appointment of the CEO if, in the Minister’s opinion, having regard to the performance standard (if any), the performance of the CEO has been unsatisfactory.

10 Application of amendments 1

In this item:

new law means the Australian Trade and Investment Commission Act 1985, as amended by this Part.

Australian Trade and Investment Commission Act 1985

Paragraph 59(1)(c) of the new law applies in relation to serious misconduct that occurs on or after the commencement of this item. For the purposes of this subitem, serious misconduct to which paragraph 59(1A)(c) of the new law applies is taken to occur when the investigation report is given to the Minister.

Item 7 of this Schedule applies:

(a) to the extent it relates to paragraph 59(2)(a) of the Australian Trade and Investment Commission Act 1985—in relation to a matter mentioned in that paragraph that occurs on or after the commencement of this item; and

(b) to the extent it relates to paragraph 59(2)(b) of the Australian Trade and Investment Commission Act 1985—in relation to:

an absence of 14 consecutive days if any of the 14 days occur on or after the commencement of this item; or

an absence of 28 days in any 12 months if any of the 28 days occur on or after the commencement of this item; and

(c) to the extent it relates to paragraph 59(2)(c) of the Australian Trade and Investment Commission Act 1985—in relation to engaging in paid work (including paid employment) on or after the commencement of this item.

Paragraph 59(2)(d) of the new law applies in relation to a failure to comply that occurs on or after the commencement of this item.

Subsection 59(3) of the new law applies in relation to the performance of the CEO during a period if all of the period occurs on or after the commencement of this item.

For the purposes of the amendments made by this Division, it does not matter whether the CEO was appointed before, on or after the commencement of this item.

11 Subsection 3(1)

Insert:

APS Code of Conduct means the Code of Conduct (within the meaning of the Public Service Act 1999).

serious misconduct has a meaning affected by subsection 59(1A).

12 After subsection 59(1)

Insert:

Australian Trade and Investment Commission Act 1985

(1A) Without limiting the circumstances in which the CEO’s conduct or behaviour amounts to serious misconduct by the CEO, the CEO’s conduct or behaviour amounts to serious misconduct by the CEO in the following circumstances:

both:

the conduct or behaviour constitutes a breach of the APS Code of Conduct; and

the Minister is satisfied that the breach is serious enough to justify termination of the CEO’s appointment;

(b) the conduct or behaviour constitutes unlawful discrimination (within the meaning of the Australian Human Rights Commission Act 1986);

(c) an investigation report (within the meaning of the National Anti-Corruption Commission Act 2022) includes a finding or opinion that the CEO has engaged, is engaging or will engage in:

corrupt conduct (within the meaning of that Act); or

conduct that could constitute or involve corrupt conduct.

13 Subsection 3(1)

Insert:

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

14 Section 55

Repeal the section, substitute:

55 Other paid work

The CEO must not engage in paid work outside the duties of the CEO without the Minister’s approval.

15 Paragraph 59(2)(c)

Omit “employment”, substitute “work”.

16 Application of amendments

The amendments made by this Division apply in relation to the CEO engaging in paid work (including paid employment) on or after the commencement of this item, whether the CEO was appointed before, on or after that commencement.

Australian Centre for International Agricultural Research Act 1982

17 Subsection 24(2)

Omit “7 years”, substitute “5 years”.

18 Application of amendments

The amendment made by this Division applies in relation to an appointment that is made on or after the commencement of this item.

Australian Centre for International Agricultural Research Act 1982

19 Section 3

Insert:

performance standard means the performance standard determined under subsection 24(4).

20 At the end of section 24

Add:

Performance standard

Note: Unsatisfactory performance may lead to termination of the CEO’s appointment: see subsection 29C(3).

Australian Centre for International Agricultural Research Act 1982

The Minister may, in writing, determine a performance standard for the CEO.

The performance standard is not a legislative instrument.

21 Paragraph 29(b)

After “CEO”, insert “is suspended from office,”.

22 After section 29B

Insert:

29BA Suspension of appointment 1

The Minister may, by notice in writing, suspend the appointment of the CEO if the Minister believes that the suspension would be in the interests of the Centre.

The appointment is suspended for such period (not exceeding 3 months) as the Minister considers appropriate in all of the circumstances. That period must be specified in the notice.

The suspension of the appointment of the CEO does not affect any entitlement of the CEO to be paid remuneration and allowances.

Extension of suspension

Before the end of the period of suspension (including that period as previously extended under this subsection), the Minister may, by notice in writing, extend the period of suspension if:

the Minister believes that the extension would be in the interests of the Centre; or

subsection (7) applies.

The suspension is extended for such period as the Minister considers appropriate in all of the circumstances. The period of suspension, as extended, must be specified in the notice.

The period of suspension, as extended, must not exceed:

if subsection (7) applies—12 months; or

otherwise—3 months.

For the purposes of paragraphs (4)(b) and (6)(a), this subsection applies if:

when the Minister extends the period of suspension:

an inquiry to which subsection (8) applies is being conducted; and

both:

an inquiry to which subsection (8) applies was being conducted at any time in the 4 weeks before the Minister extends the period of suspension; and

This subsection applies to an inquiry if:

the inquiry commences before the end of 3 months starting at the start of the period of suspension; and

the inquiry is any of the following:

(i) an inquiry by the Australian Public Service Commissioner under Public Service Act 1999 into whether the CEO has breached the APS Code of Conduct;section 41A of the

(ii) a corruption investigation (within the meaning of the National Anti-Corruption Commission Act 2022) into a corruption issue involving conduct of the CEO;

iii

an inquiry, conducted at the request or direction of the Minister, into whether the CEO’s conduct or behaviour amounts to serious misconduct by the CEO.

(9) Subsections (4) to (8) do not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (1) of this section.

23 Application of amendments

Australian Centre for International Agricultural Research Act 1982

24 Subsection 29C(1)

Repeal the subsection, substitute:

The Governor-General may terminate the appointment of the CEO:

for misbehaviour; or

if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity; or

if the CEO’s conduct or behaviour amounts to serious misconduct by the CEO.

25 At the end of section 29C

Add:

The Governor-General may terminate the appointment of the CEO if, in the Minister’s opinion, having regard to the performance standard (if any), the performance of the CEO has been unsatisfactory.

26 Application of amendments 1

In this item:

new law means the Australian Centre for International Agricultural Research Act 1982, as amended by this Part.

Australian Centre for International Agricultural Research Act 1982

Paragraph 29C(1)(c) of the new law applies in relation to serious misconduct that occurs on or after the commencement of this item. For the purposes of this subitem, serious misconduct to which paragraph 29C(1A)(c) of the new law applies is taken to occur when the investigation report is given to the Minister.

Subsection 29C(3) of the new law applies in relation to the performance of the CEO during a period if all of the period occurs on or after the commencement of this item.

For the purposes of the amendments made by this Division, it does not matter whether the CEO was appointed before, on or after the commencement of this item.

27 Section 3

Insert:

APS Code of Conduct means the Code of Conduct (within the meaning of the Public Service Act 1999).

serious misconduct has a meaning affected by subsection 29C(1A).

28 After subsection 29C(1)

Insert:

Australian Centre for International Agricultural Research Act 1982

both:

the conduct or behaviour constitutes a breach of the APS Code of Conduct; and

the Minister is satisfied that the breach is serious enough to justify termination of the CEO’s appointment;

(b) the conduct or behaviour constitutes unlawful discrimination (within the meaning of the Australian Human Rights Commission Act 1986);

(c) an investigation report (within the meaning of the National Anti-Corruption Commission Act 2022) includes a finding or opinion that the CEO has engaged, is engaging or will engage in:

corrupt conduct (within the meaning of that Act); or

conduct that could constitute or involve corrupt conduct.

29 Section 3

Insert:

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

30 Section 28

Repeal the section, substitute:

28 Other paid work

The CEO must not engage in paid work outside the duties of the CEO without the Minister’s approval.

31 Paragraph 29C(2)(c)

Omit “employment”, substitute “work”.

32 Application of amendments

Nuclear Non-Proliferation (Safeguards) Act 1987

33 After section 47

Insert:

47A Suspension of appointment 1

The Minister may, by notice in writing, suspend the appointment of the Director if the Minister believes that the suspension would be in the interests of the Australian Safeguards Office.

The appointment is suspended for such period (not exceeding 3 months) as the Minister considers appropriate in all of the circumstances. That period must be specified in the notice.

The suspension of the appointment of the Director does not affect any entitlement of the Director to be paid remuneration and allowances.

Extension of suspension

Public notice

the Minister must publish notice of the suspension or extension.

Before the end of the period of suspension (including that period as previously extended under this subsection), the Minister may, by notice in writing, extend the period of suspension if:

the Minister believes that the extension would be in the interests of the Australian Safeguards Office; or

subsection (7) applies.

The suspension is extended for such period as the Minister considers appropriate in all of the circumstances. The period of suspension, as extended, must be specified in the notice.

The period of suspension, as extended, must not exceed:

if subsection (7) applies—12 months; or

otherwise—3 months.

For the purposes of paragraphs (4)(b) and (6)(a), this subsection applies if:

when the Minister extends the period of suspension:

an inquiry to which subsection (8) applies is being conducted; and

both:

an inquiry to which subsection (8) applies was being conducted at any time in the 4 weeks before the Minister extends the period of suspension; and

This subsection applies to an inquiry if:

the inquiry commences before the end of 3 months starting at the start of the period of suspension; and

the inquiry is any of the following:

(i) an inquiry by the Australian Public Service Commissioner, under regulations made for the purposes of paragraph 41(2)(p) of the Public Service Act 1999, into whether the Director has breached the APS Code of Conduct;

if, as mentioned in paragraph 48(1A)(a) of this Act, the Australian Public Service Commissioner has determined that a breach of the APS Code of Conduct by the Director has occurred—an inquiry, conducted at the request or direction of the Minister, into whether the breach is serious enough to justify termination of the Director’s appointment;

iii

(iii) a corruption investigation (within the meaning of the National Anti-Corruption Commission Act 2022) into a corruption issue involving conduct of the Director.

(9) Subsections (4) to (8) do not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (1) of this section.

If the Minister:

suspends the appointment of the Director under subsection (1); or

extends a period of suspension under subsection (4);

34 Paragraph 50(b)

After “Director” (first occurring), insert “is suspended from office,”.

35 Application of amendments

Nuclear Non-Proliferation (Safeguards) Act 1987

36 Subsection 48(1)

Repeal the subsection, substitute:

The Governor-General may terminate the appointment of the Director:

for misbehaviour; or

if the Director is unable to perform the duties of the Director’s office because of physical or mental incapacity; or

if the Director’s conduct or behaviour amounts to serious misconduct by the Director.

37 Application of amendments 1

In this item:

new law means the Nuclear Non-Proliferation (Safeguards) Act 1987, as amended by this Part.

Nuclear Non-Proliferation (Safeguards) Act 1987

Paragraph 48(1)(c) of the new law applies in relation to serious misconduct that occurs on or after the commencement of this item. For the purposes of this subitem:

serious misconduct to which paragraph 48(1A)(a) of the new law applies is taken to occur when the determination that a breach of the APS Code of Conduct by the Director has occurred is made; and

serious misconduct to which paragraph 48(1A)(b) of the new law applies is taken to occur when the investigation report is given to the Minister.

For the purposes of the amendments made by this Division, it does not matter whether the Director was appointed before, on or after the commencement of this item.

38 Subsection 4(1)

Insert:

APS Code of Conduct means the Code of Conduct (within the meaning of the Public Service Act 1999).

serious misconduct has the meaning given by subsection 48(1A).

39 After subsection 48(1)

Insert:

Nuclear Non-Proliferation (Safeguards) Act 1987

(1A) The Director’s conduct or behaviour amounts to serious misconduct by the Director if:

all of the following subparagraphs apply:

(i) regulations made for the purposes of paragraph 41(2)(p) of the Public Service Act 1999 confer on the Australian Public Service Commissioner the function of inquiring into an alleged breach of the APS Code of Conduct by the Director;

under those regulations, the Commissioner inquires into an alleged breach of the APS Code of Conduct by the Director and determines that a breach of the APS Code of Conduct by the Director has occurred;

iii

the Minister is satisfied that the breach is serious enough to justify termination of the Director’s appointment; or

(b) an investigation report (within the meaning of the National Anti-Corruption Commission Act 2022) includes a finding or opinion that the Director has engaged, is engaging or will engage in:

corrupt conduct (within the meaning of that Act); or

conduct that could constitute or involve corrupt conduct.

40 Subsection 4(1)

Insert:

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

41 After section 45

Insert:

45A Other paid work

The Director must not engage in paid work outside the duties of the Director without the Minister’s approval.

42 Paragraph 48(2)(c)

Omit “employment”, substitute “work”.

43 Application of amendments

The amendments made by this Division apply in relation to the Director engaging in paid work (including paid employment) on or after the commencement of this item, whether the Director was appointed before, on or after that commencement.

Office of Parliamentary Counsel

Parliamentary Counsel Act 1970

1 After section 3

Insert:

3A Minister may give directions to Office of Parliamentary Counsel 1

The Minister may give written directions to the Office of Parliamentary Counsel about the performance of its functions.

A direction under subsection (1) must be of a general nature only.

The Minister may publish or give notice of a direction under subsection (1) in any manner the Minister considers appropriate.

The Office of Parliamentary Counsel must comply with a direction under subsection (1).

Subsection (4) does not apply to the extent that the direction relates to the First Parliamentary Counsel’s performance of functions or exercise of powers under the following Acts in relation to the Office of Parliamentary Counsel:

(a) the Public Service Act 1999;

(b) the Public Governance, Performance and Accountability Act 2013.

A direction under subsection (1) is not a legislative instrument.

Parliamentary Counsel Act 1970

2 Subsection 5(1)

Omit “(1)”.

3 Subsection 5(1)

Omit “7 years”, substitute “5 years”.

4 Application of amendments

The amendment made by item 3 applies in relation to an appointment that is made on or after the commencement of this item.

Parliamentary Counsel Act 1970

5 After section 1

Insert:

1A Definitions

In this Act:

performance standard means a performance standard determined under subsection 4(3).

6 At the end of section 4

Add:

Performance standard

Note: Unsatisfactory performance may lead to termination of the First Parliamentary Counsel’s or a Second Parliamentary Counsel’s appointment: see subsection 10(4).

Parliamentary Counsel Act 1970

The Minister may, in writing, determine a performance standard for the First Parliamentary Counsel or a Second Parliamentary Counsel.

A performance standard is not a legislative instrument.

7 Subsection 10(1)

Repeal the subsection, substitute:

The Governor-General may terminate the appointment of the First Parliamentary Counsel or of a Second Parliamentary Counsel if:

the First Parliamentary Counsel or Second Parliamentary Counsel is convicted of an indictable offence; or

(b) the First Parliamentary Counsel or Second Parliamentary Counsel is unable to perform the duties of the First Parliamentary Counsel’s or Second Parliamentary Counsel’s office because of physical or mental incapacity; or

the First Parliamentary Counsel’s or Second Parliamentary Counsel’s conduct or behaviour amounts to serious misconduct by the First Parliamentary Counsel or Second Parliamentary Counsel.

8 Subsection 10(2)

Omit “shall”, substitute “must”.

9 Subsection 10(2)

After “if”, insert “the First Parliamentary Counsel or Second Parliamentary Counsel”.

10 Paragraphs 10(2)(a) and (b)

Repeal the paragraphs.

11 Paragraph 10(2)(c)

Repeal the paragraph, substitute:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with the First Parliamentary Counsel’s or Second Parliamentary Counsel’s creditors; or

makes an assignment of the First Parliamentary Counsel’s or Second Parliamentary Counsel’s remuneration for the benefit of the First Parliamentary Counsel’s or Second Parliamentary Counsel’s creditors.

12 At the end of section 10

Add:

The Governor-General may terminate the appointment of the First Parliamentary Counsel or of a Second Parliamentary Counsel if:

the First Parliamentary Counsel or Second Parliamentary Counsel is absent, except on leave of absence, for:

5 consecutive days; or

10 days in any 12 months; or

the First Parliamentary Counsel or Second Parliamentary Counsel engages, except with the Minister’s approval, in paid work outside the duties of the First Parliamentary Counsel’s or Second Parliamentary Counsel’s office (see section 9); or

(c) the First Parliamentary Counsel or Second Parliamentary Counsel fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.section 29 of the

The Governor-General may terminate the appointment of the First Parliamentary Counsel or of a Second Parliamentary Counsel if, in the Minister’s opinion, having regard to the performance standard (if any) for the First Parliamentary Counsel or Second Parliamentary Counsel, the performance of the First Parliamentary Counsel or Second Parliamentary Counsel has been unsatisfactory.

13 Application of amendments 1

In this item:

new law means the Parliamentary Counsel Act 1970, as amended by this Schedule.

Parliamentary Counsel Act 1970

Paragraph 10(1)(a) of the new law applies in relation to a conviction for an indictable offence if the conviction occurs on or after the commencement of this item, whether the offence occurred before, on or after that commencement.

Paragraph 10(1)(c) of the new law applies in relation to serious misconduct that occurs on or after the commencement of this item. For the purposes of this subitem, serious misconduct to which paragraph 10(1A)(d) of the new law applies is taken to occur when the investigation report is given to the Minister.

(4) The repeal of paragraph 10(2)(a) of the Parliamentary Counsel Act 1970 by item 10 of this Schedule does not apply in relation to:

an absence of 14 consecutive days if all of the 14 days occur before the commencement of this item; or

an absence of 28 days in any 12 months if all of the 28 days occur before the commencement of this item.

(5) The repeal of paragraph 10(2)(b) of the Parliamentary Counsel Act 1970 by item 10 of this Schedule applies in relation to misbehaviour that occurs on or after the commencement of this item.

Paragraph 10(3)(a) of the new law applies in relation to:

an absence of 5 consecutive days if any of the 5 days occur on or after the commencement of this item; or

an absence of 10 days in any 12 months if any of the 10 days occur on or after the commencement of this item.

Paragraph 10(3)(b) of the new law applies in relation to engaging in paid work on or after the commencement of this item.

Paragraph 10(3)(c) of the new law applies in relation to a failure to comply that occurs on or after the commencement of this item.

Subsection 10(4) of the new law applies in relation to the performance of the First Parliamentary Counsel or a Second Parliamentary Counsel during a period if all of the period occurs on or after the commencement of this item.

For the purposes of the amendments made by this Part, it does not matter whether a First Parliamentary Counsel or a Second Parliamentary Counsel was appointed before, on or after the commencement of this item.

14 Section 1A

Insert:

APS Code of Conduct means the Code of Conduct (within the meaning of the Public Service Act 1999).

serious misconduct has a meaning affected by subsection 10(1A).

15 After subsection 10(1)

Insert:

Parliamentary Counsel Act 1970

(1A) Without limiting the circumstances in which the First Parliamentary Counsel’s or a Second Parliamentary Counsel’s conduct or behaviour amounts to serious misconduct by the First Parliamentary Counsel or Second Parliamentary Counsel, the First Parliamentary Counsel’s or a Second Parliamentary Counsel’s conduct or behaviour amounts to serious misconduct by the First Parliamentary Counsel or Second Parliamentary Counsel in the following circumstances:

both:

the conduct or behaviour constitutes a breach of the APS Code of Conduct; and

the Minister is satisfied that the breach is serious enough to justify termination of the First Parliamentary Counsel’s or Second Parliamentary Counsel’s appointment;

(b) the conduct or behaviour constitutes unlawful discrimination (within the meaning of the Australian Human Rights Commission Act 1986);

the conduct or behaviour constitutes serious or repeated bullying or harassment of a person;

(d) an investigation report (within the meaning of the National Anti-Corruption Commission Act 2022) includes a finding or opinion that the First Parliamentary Counsel or Second Parliamentary Counsel has engaged, is engaging or will engage in:

corrupt conduct (within the meaning of that Act); or

conduct that could constitute or involve corrupt conduct.

16 Section 1A

Insert:

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

17 Section 9

Repeal the section, substitute:

9 Other paid work

The First Parliamentary Counsel or a Second Parliamentary Counsel must not engage in paid work outside the duties of the First Parliamentary Counsel or Second Parliamentary Counsel without the Minister’s approval.

18 Application of amendments

The amendments made by this Part apply in relation to the First Parliamentary Counsel or a Second Parliamentary Counsel engaging in paid work (including engaging in practice as a barrister or solicitor or engaging in paid employment) on or after the commencement of this item, whether the First Parliamentary Counsel or Second Parliamentary Counsel was appointed before, on or after that commencement.

[Minister’s second reading speech made in—

House of Representatives on 11 February 2026

Senate on 4 March 2026]

(15/26)