Parliamentary Committees Act 1991

This Act may be cited as the Parliamentary Committees

Act 1991.

In this Act, unless the contrary intention appears—

appointing House or Houses means—

in relation to the Economic and Finance Committee or the Public

Works Committee—the House of Assembly;

in relation to the Statutory Authorities Review

Committee—the Legislative Council;

in relation to any other Committee—both

Houses, and appointing House, in relation to a member of a

Committee, means the House that appointed the member to the

Committee;

Committee means a Committee established under this Act;

construction includes—

the making of any repairs or improvements or other physical changes to any building, structure or land; and

the acquisition and installation of fixtures, plant or equipment when carried out as part of, or in conjunction with, the construction of a work, and construct has a corresponding meaning;

House means—

the House of Assembly; or

the Legislative Council;

land includes an area covered by the sea or other water;

Presiding Member, in relation to a Committee, means the person appointed to be the Presiding Member of the

Committee;

Presiding Officer, in relation to a House, means the Speaker of the House of Assembly or the President of the Legislative

Council;

publicly funded body means any body that is financed wholly or partly out of public funds;

public officer means a person holding or acting in, a public office or position established by or under an Act or otherwise by the Government of the State, but does not include—

a member or officer of the Parliament; or

a member or officer of a court or tribunal; or

a member or officer of a council or other local government body, and public office has a corresponding meaning;

public sector operations means all operations and activities carried on by public officers or State instrumentalities;

public work means any work that is proposed to be constructed where—

the whole or a part of the cost of construction of the work is to be met from money provided or to be provided by Parliament or a State instrumentality; or

the work is to be constructed by or on behalf of the Crown or a

State instrumentality; or

the work is to be constructed on land of the Crown or a State instrumentality;

regulation means any form of prohibition, restriction or control imposed by legislation or by or on behalf of the

State;

State instrumentality means an agency or instrumentality of the Crown and includes—

an administrative unit of the Public Service; and

a statutory authority, but does not include—

a body wholly comprised of members of Parliament; or

a court or tribunal; or

a council or other local government body;

statutory authority means a body corporate that is established by an Act and—

is comprised of or includes, or has a governing body comprised of or including, persons or a person appointed by the Governor, a Minister or an agency or instrumentality of the Crown; or

is subject to control or direction by a Minister; or

is financed wholly or partly out of public funds, and includes a company or other body corporate that is a subsidiary of, or controlled by, such a body corporate, but does not include—

a body wholly comprised of members of Parliament; or

a council or other local government authority;

subordinate legislation means regulations as defined in the Subordinate Legislation

Act 1978 and any other enactment of a legislative character to which section 10A of that Act applies;

work means any building or structure or any repairs or improvements or other physical changes to any building, structure or land.

The Economic and Finance Committee is established as a committee of Parliament.

The Committee is to consist of seven members of the House of

Assembly appointed by the House of Assembly.

A Minister of the Crown is not eligible for appointment to the

Committee.

The Committee must from time to time appoint one of its members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding

Member, the matter is referred by force of this subsection to the House of

Assembly and that House will determine the matter.

The functions of the Economic and Finance Committee are—

to inquire into, consider and report on such of the following matters as are referred to it under this Act:

any matter concerned with finance or economic development;

any matter concerned with the structure, organisation and efficiency of any area of public sector operations or the ways in which efficiency and service delivery might be enhanced in any area of public sector operations;

any matter concerned with the functions or operations of a particular public officer or a particular State instrumentality or publicly funded body (other than a statutory authority) or whether a particular public office or particular State instrumentality (other than a statutory authority) should continue to exist or whether changes should be made to improve efficiency and effectiveness in the area;

any matter concerned with regulation of business or other economic or financial activity or whether such regulation should be retained or modified in any area;

to inquire into, consider and report on petitions referred to it under section 16B;

to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses.

The Environment, Resources and Development Committee is established as a committee of Parliament.

The Committee is to consist of six members.

Three members of the Committee must be members of the House of

Assembly appointed by the House of Assembly and three must be members of the

Legislative Council appointed by the Legislative

Council.

A Minister of the Crown is not eligible for appointment to the

Committee.

The Committee must from time to time appoint one of its House of

Assembly members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding

Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the

House of Assembly and that House will determine the matter.

The functions of the Environment, Resources and Development

Committee are—

to inquire into, consider and report on such of the following matters as are referred to it under this Act:

any matter concerned with the environment or how the quality of the environment might be protected or improved;

any matter concerned with the resources of the State or how they might be better conserved or utilised;

any matter concerned with planning, land use or transportation;

any matter concerned with the general development of the

State;

to inquire into, consider and report on petitions referred to it under section 16B;

to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses.

The Legislative Review Committee is established as a committee of Parliament.

The Committee is to consist of six members.

Three members of the Committee must be members of the House of

Assembly appointed by the House of Assembly and three must be members of the

Legislative Council appointed by the Legislative

Council.

A Minister of the Crown is not eligible for appointment to the

Committee.

The Committee must from time to time appoint one of its Legislative

Council members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding

Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the

Legislative Council and that House will determine that matter.

The functions of the Legislative Review Committee are—

to inquire into, consider and report on such of the following matters as are referred to it under this Act:

any matter concerned with legal, constitutional or parliamentary reform or with the administration of justice but excluding any matter concerned with joint standing orders of Parliament or the standing orders or rules of practice of either House;

any Act or subordinate legislation, or part of any Act or subordinate legislation, in respect of which provision has been made for its expiry at some future time and whether it should be allowed to expire or continue in force with or without modification or be replaced by new provisions;

any matter concerned with inter-governmental relations;

to inquire into, consider and report on subordinate legislation referred to it by the Subordinate Legislation

Act 1978;

to inquire into, consider and report on petitions referred to it under section 16B;

to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses.

The Public Works Committee is established as a committee of the Parliament.