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Parliamentary Service Bill 1997 [No. 2]

Part 8 Miscellaneous


65   Payments in special circumstances

             (1)  The Presiding Officers may authorise the making of payments to a person under subsection (2) if the Presiding Officers consider it appropriate to do so because of special circumstances that relate to, or arise out of:

                     (a)  the payee’s employment by the Commonwealth; or

                     (b)  another person’s employment by the Commonwealth.

             (2)  The Presiding Officers may authorise the making of any of the following payments:

                     (a)  one or more payments of an amount or amounts specified in the authorisation (or worked out in accordance with the authorisation);

                     (b)  periodical payments of an amount specified in the authorisation (or worked out in accordance with the authorisation), during a period specified in the authorisation (or worked out in accordance with the authorisation).

             (3)  Payments may be authorised under this section even though the payments would not otherwise be authorised by law or required to meet a legal liability.

             (4)  An authorisation cannot be made under this section if it would involve, or be likely to involve, a total amount of more than $100,000.

             (5)  Conditions may be attached to payments under this section. If a condition is breached, the payment may be recovered by the Commonwealth as a debt in a court of competent jurisdiction.

             (6)  Payments under this section are to be made out of money appropriated by the Parliament for the purposes of this section.

66   Attachment of salaries to satisfy judgment debts

             (1)  The determinations:

                     (a)  may provide for deductions to be made from the salary of a Secretary or a Parliamentary Service employee in order to satisfy a judgment debt; and

                     (b)  may prescribe fees payable in connection with such deductions.

             (2)  In this section:

judgment debt includes interest on a judgment debt.

67   Release of personal information

                   The determinations:

                     (a)  may authorise the disclosure, in specific circumstances, of personal information (within the meaning of the Privacy Act 1988 ); and

                     (b)  may impose restrictions on the collection, storage, access, use or further disclosure of information disclosed under determinations made for the purposes of paragraph (a).

68   Positions

             (1)  A Secretary may, in writing, create positions in the relevant Department.

             (2)  A Secretary may from time to time nominate any Parliamentary Service employee in the relevant Department to occupy a position in that Department, but does not have to do so for all Parliamentary Service employees in that Department.

             (3)  A provision of any Act that applies to Parliamentary Service employees who are nominated under this section to occupy a position applies in the same way to Parliamentary Service employees who are not nominated under this section to occupy a position.

69   Delegation s

             (1)  A Secretary may, in writing, delegate to a Parliamentary Service employee any of the Secretary’s powers or functions under this Act (other than this section).

             (2)  If a Parliamentary Service employee (the first delegate) to whom powers or functions are delegated under subsection (1) is an SES employee or acting SES employee, the first delegate may, in writing, delegate any of those powers or functions to another Parliamentary Service employee (the second delegate ). However, if the first delegate is subject to directions in relation to the exercise of a power or function delegated under this subsection, the first delegate must give corresponding directions to the second delegate.

             (3)  A power or function that is exercised or performed by a person under a delegation under subsection (2) is taken, for the purposes of this Act, to have been exercised or performed by the person who originally delegated the corresponding power or function under subsection (1).

             (4)  A person exercising powers or functions under a delegation under this section must comply with any directions of the person who delegated the power or function.

70   Determinations

             (1)  The Presiding Officers, after consulting the Commissioner, may make determinations prescribing matters:

                     (a)  required or permitted by this Act (other than Part 9) to be prescribed by determinations; or

                     (b)  necessary or convenient to be prescribed by determinations for carrying out or giving effect to this Act (other than Part 9).

             (2)  In particular, the determinations may prescribe penalties for offences against the determinations by way of fines of up to 10 penalty units.

             (3)  The determinations may make provision, in relation to a matter that may be prescribed by the determinations, by applying, adopting or incorporating, with or without modification, provisions of regulations in force at a particular time, or as in force from time to time, under the Public Service Act 1997 .

             (4)  A determination made under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .