Members of Parliament (Staff) Amendment Act 2023 (71 of 2023)

Schedule 1   Main amendments

Members of Parliament (Staff) Act 1984

14   Sections 31 and 32

Repeal the sections, substitute:

28 Simplified outline of this Part

This Part deals with miscellaneous matters, such as delegations, regulations, and review of the Act.

30 Delegation by Prime Minister

(1) The Prime Minister may, in writing, delegate all or any of the Prime Minister's functions or powers under this Act to:

(a) any Minister; or

(b) an SES employee, or an acting SES employee, in either of the following:

(i) the Department administered by the Prime Minister;

(ii) the Department administered by the Minister.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Prime Minister.

(3) To avoid doubt, subsection (1) does not apply in relation to functions or powers conferred on the Prime Minister merely in the capacity of parliamentarian or office-holder.

31 Powers may be exercised by authorised person

(1) A parliamentarian or office-holder (the authoriser ) may, in writing, authorise another person to exercise, on the authoriser's behalf, all or any of the authoriser's functions or powers under this Act, if the authoriser is satisfied it is appropriate for the person to perform such functions or exercise such powers.

(2) In performing the function or exercising the power, the authorised person must comply with any directions of the authoriser.

32 Review of operation of this Act

(1) The Minister must cause a review of the operation of this Act to be conducted within 5 years after the commencement of this section. The review must not be started before 3 years after that commencement.

(2) The persons undertaking the review must give the Minister a written report of the review.

(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the report is given to the Minister.