Parliamentary Precincts Act 1997

This Act is the Parliamentary Precincts Act 1997.

This Act commences on the date of assent.

In this Act:

authorised officer—see section 5.

Clerk means the Clerk of a House, and includes an officer of a House acting as the Clerk of the House.

Corporation means the Corporation of the Presiding Officers of the Parliament of New South Wales established by this Act.

exercise a function includes perform a duty.

function includes a power, authority or duty.

House means a House of Parliament.

order means a standing or other order, and includes a rule or resolution.

Parliamentary officer means an officer of either House, or of a Presiding Officer, or of the Presiding Officers jointly.

Parliamentary precincts—see section 6.

Parliamentary zone—see section 14.

Presiding Officer—see section 4.

property means land, a building or a part of a building.

the State includes the Crown, the Government, a Minister of the Crown or a statutory body representing the Crown.

In this Act, Presiding Officer means the President of the Legislative Council or the Speaker of the Legislative Assembly.

A reference in this Act to a Presiding Officer includes a person for the time being exercising the 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.

However, functions conferred on the Presiding Officers by this Act may be exercised by either of them in accordance with arrangements entered into between them or in accordance with usage.

No person is concerned to inquire whether any function referred to in subsection (4) has been exercised by both of the Presiding Officers or, if exercised by one of them, whether it was exercised in circumstances contemplated by any such arrangement or by usage.

A reference in this Act to an authorised officer is a reference to:

a Presiding Officer, or

a Parliamentary officer for the time being authorised by a Presiding Officer, or

a police officer:

acting in conformity with a memorandum of understanding referred to in section 27, or

acting in conformity with a specific authorisation given by a Presiding Officer.

An authorisation under subsection (1) (b) may be given unconditionally or subject to conditions. Conditions may include conditions limiting the functions that may be exercised pursuant to the authorisation, regulating the manner in which the functions may be exercised, and restricting the periods during which or the circumstances in which the functions may be exercised.

An authorisation under subsection (1) (b) may be amended or revoked by either Presiding Officer, and continues in force even though the person who gave it ceases to hold a relevant office.

The Parliamentary precincts consist of the land described in Schedule 1, together with all buildings, structures and works, and parts of buildings, structures and works, on, above or under that land.

Subject to this Act:

the Parliamentary precincts are under the control and management of the Presiding Officers, and

the Presiding Officers may take any action they consider necessary for the control and management of the Parliamentary precincts.

Subsection (1) does not affect:

the powers of each House to control and manage its own affairs and proceedings, and

the orders of each House in relation to its own affairs and proceedings, and

the powers of each House in relation to the control and management of so much of the Parliamentary precincts as constitute the chamber of the House concerned or as are used exclusively or principally for the purposes of the House.

The Parliamentary precincts are vested in the Corporation for an estate in fee simple, freed and discharged from any trusts, obligations, estates, interests, charges and rates existing immediately before the commencement of this Act.

Nothing in this section affects any easement in existence immediately before the commencement of this Act, and in particular nothing in this section affects any easement or other matter referred to in section 12B of the Government Railways Act 1912 as inserted by the Government Railways (Amendment) Act 1965.

Neither the whole nor any part of the Parliamentary precincts can be compulsorily acquired except by an Act of Parliament.

Subject to sections 9, 10 and 11, the Corporation cannot sell, mortgage, demise or otherwise dispose of any part of the Parliamentary precincts.

The Corporation may grant leases and licences in respect of any part of the Parliamentary precincts to be used for commercial or other purposes.

Leases and licences are to be on such terms and conditions, and subject to payment of such consideration, as the Corporation thinks fit.

Except as prescribed by the regulations, no lease granted by the Corporation may have a term that, together with the term of any further lease that may be granted pursuant to an option contained in the lease, exceeds 8 years.

This section has effect despite any other law relating to leases and licences.

The Corporation may grant easements through, upon or in the Parliamentary precincts (including easements without a dominant tenement referred to in section 88A of the Conveyancing Act 1919).

Without limiting section 9, the Corporation may grant licences authorising entry on the Parliamentary precincts for the purpose of the installation, maintenance, re-laying, repair or replacement of any buildings, pipelines, cables or apparatus.

The Corporation may be granted licences authorising entry on land adjoining or in the vicinity of the Parliamentary precincts for the purpose of the installation, maintenance, re-laying, repair or replacement of any buildings, pipelines, cables or apparatus used in connection with the Parliamentary precincts.

This section applies to property that is owned or held under lease by the State and is not within the Parliamentary precincts defined by section 6.

If both Houses pass resolutions during the same session of Parliament declaring:

that specified property is required for the purposes of Parliament, and

that the property is to be treated as part of the Parliamentary precincts, the property is accordingly to be treated as part of the Parliamentary precincts for the purposes of this Act.

Sections 8, 9, 10 and 11 do not apply to any such property.

A declaration continues in force until revoked by either House. Subsection (2) ceases to apply to any such property if the relevant declaration is revoked.