House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minster for Home Affairs, the Hon Jason Clare MP)

Schedule 3 - Amendments to the Law Enforcement Integrity Commissioner Act 2006

GENERAL OUTLINE

245. The purpose of this schedule is to amend the LEIC Act to ensure that the Deputy Speaker of the House of Representatives and the Deputy President and Chair of Committees of the Senate (the deputy presiding officers) are eligible for appointment to the PJC-ACLEI.

246. The PJC-ACLEI is established under Part 14 of the LEIC Act. The role of the PJC-ACLEI includes monitoring the performance of the Integrity Commissioner, trends in law enforcement and corruption, and reporting to Parliament accordingly.

247. The amendments contained in this Schedule will make membership eligibility for the PJC-ACLEI consistent with Parliamentary committees with similar functions, including the Parliamentary Joint Committee on Law Enforcement and the Parliamentary Joint Committee on Intelligence and Security.

Law Enforcement Integrity Commissioner Act 2006

Items 1 and 2 - paragraphs 214(3)(c) and 213(3)(d)

248. Subsection 213(3) of the LEIC Act provides that members of Parliament who hold the following offices are not eligible to be appointed as members of the PJC-ACLEI: Minister (paragraph 213(3)(a)), the President of the Senate (paragraph 213(3)(b)), Speaker of the House of Representatives (paragraph 213(3)(c)), and the Deputy President and Chair of Committees of the Senate and the Deputy Speaker of the House of Representatives (paragraph 213(3)(d)).

249. Item 1 will amend paragraph 213(3)(c) to replace the 'or' which currently appears at the end of the paragraph, with a full stop, as the list of office holders ineligible for appointment to the PJC-ACLEI will now end at this paragraph.

250. Item 2 will repeal paragraph 213(3)(d), which will remove the prohibition on the Deputy President and Chair of Committees of the Senate and the Deputy Speaker of the House of Representatives being appointed members of the Committee.

Item 3 - Savings provision

251. This item is a savings provision which will preserve the continuity of membership of the PJC-ACLEI for either of the deputy presiding officers.

252. The item also includes a note referring to section 33AB of the Acts Interpretation Act 1901 , which provides that anything done by a person purporting to act under an appointment under an Act is not invalid merely because the appointment had ceased to have effect.

253. The effect of section 33AB of the Acts Interpretation Act is that any actions taken by the PJC-ACLEI following a member's appointment as Deputy Speaker or Deputy President, but where the member continued to sit on the PJC-ACLEI, are not invalid merely because paragraph 213(4)(b) of the LEIC Act provides that their membership ceased upon appointment to either of those positions.