Parliamentary Precincts Act 2001

the President of the Legislative Council;

the Speaker of the Legislative Assembly;

the Usher of the Black Rod of the Legislative Council;

the Serjeant-at-Arms of the Legislative Assembly;

the Clerk of the Legislative Council;

the Clerk of the Legislative Assembly;

the Deputy Clerk of the Legislative Council;

the Deputy Clerk of the Legislative Assembly;

a police officer;

a protective services officer;

the Parliamentary reserve; and

any other land or premises for the time being declared to be part of the Parliamentary precincts under section 6;

contained in certified plan No. 107128 lodged in the Central Plan Office; and

permanently reserved under the Crown Land (Reserves) Act 1978 by Order in Council dated 13 October 1984 and published in the Government Gazette on 7 November 1984 at page 4002;

the Parliament; and

each House; and

the President of the Legislative Council; and

the Speaker of the Legislative Assembly; and

the members and Committees of each House; and

the joint Committees of the Parliament; and

the Usher of the Black Rod of the Legislative Council; and

the Serjeant-at-Arms of the Legislative Assembly; and

the staff, employees, agents or delegates of the Parliament or of the presiding officers.

This Part has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.

Nothing in this Part affects the duties or functions of the House Committee within the meaning of the Parliamentary Committees Act 2003, whether or not those duties or functions are given under that Act or any other law or custom.

The Governor in Council, on the recommendation of either or both of the presiding officers, may, by order published in the Government Gazette, declare land or premises to be part of the Parliamentary precincts.

A presiding officer may make a recommendation referred to in subsection (1) if satisfied that—

the land or premises is required for the purposes of the Parliament; and

it is appropriate to treat the land or premises as part of the Parliamentary precincts.

An order made under subsection (1) remains in force—

until the revocation date specified in the order; or

if no revocation date is specified in the order, until it is revoked under section 7.

An order under subsection (1) must not be made in respect of land or premises which is an electorate office of a member of Parliament.

The Governor in Council, on the recommendation of either or both the presiding officers, may, by order published in the Government Gazette, revoke an order made under section 6.

A presiding officer may make a recommendation referred to in subsection (1) if satisfied that—

the land or premises is no longer required for the purposes of the Parliament; and

it is no longer appropriate to treat the land or premises as part of the Parliamentary precincts.

The presiding officers are jointly and severally responsible for the control and management of the Parliamentary precincts.

This section 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 the parts of the Parliamentary precincts which—

constitute the chamber of the House concerned; or

are used exclusively or principally for the purposes of the House concerned.

The presiding officers have all the powers necessary and expedient for the control and management of the Parliamentary precincts.

Without limiting the generality of subsection (1), the presiding officers—

may grant leases or licences in respect of any part of the Parliamentary precincts;

may enter into agreements or arrangements in respect of—

works to be performed in the Parliamentary precincts; or

any other matter in respect of any part of the Parliamentary precincts.

A lease, licence or other agreement granted or entered into under this section is subject to the terms, conditions and covenants determined by the presiding officers.

Subject to subsection (2), nothing in this section permits the mortgage, sale or disposal of any part of the Parliamentary reserve.

a power under section 9(2) and (3); or

a power under section 15; or

a power under section 16(5); or

this power of delegation—

the Usher of the Black Rod of the Legislative Council;

the Serjeant-at-Arms of the Legislative Assembly;

the Clerk of the Legislative Council;

the Clerk of the Legislative Assembly;

the Deputy Clerk of the Legislative Council;

the Deputy Clerk of the Legislative Assembly.

The presiding officers may enter into a memorandum of understanding with the Chief Commissioner of Police relating to the exercise of police functions within the Parliamentary precincts.

Without limiting subsection (1), a memorandum of understanding may—

empower police officers or protective services officers to carry out specified functions within the Parliamentary precincts relating to the security of the Parliamentary precincts in addition to any other functions given under this Act, without the specific authorisation or directions of the presiding officers on every occasion;

impose conditions on the exercise of functions which are the subject of a memorandum of understanding;

provide directions as to the manner of the exercise of functions which are the subject of a memorandum of understanding.

The functions given to police officers under a memorandum of understanding are in addition to and not in derogation of any power or function a police officer has as an authorised officer or as a police officer.

A memorandum of understanding continues in force—

despite the expiration or dissolution of either House; and

until it is revoked by the presiding officers or the Chief Commissioner of Police, whether during the same or a subsequent session of the Parliament.

A memorandum of understanding may be amended at any time by agreement of the presiding officers and the Chief Commissioner of Police.

A police officer or a protective services officer must comply with the conditions and directions applying to a function which is the subject of a memorandum of understanding.

A failure by a police officer or a protective services officer to comply with a condition or direction applying to a function which is the subject of a memorandum of understanding does not invalidate any action taken by that police officer or protective services officer in the purported exercise of that function.