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Parliamentary Secretaries Act 2004

No. 11 of 2004.

Parliamentary Secretaries Act 2004.
Certified on: 4/1/2005.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

No. 11 of 2004.

Parliamentary Secretaries Act 2004.

ARRANGEMENT OF SECTIONS.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

AN ACT

entitled

Parliamentary Secretaries Act 2004,

Being an Act to make provision for Parliamentary Secretaries, their appointment and functions, and for related purposes,

MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister.

1. INTERPRETATION.

In this Act, unless the contrary intention appears –

“Parliamentary Secretary” means a Parliamentary Secretary appointed under Section 2.

2. PARLIAMENTARY SECRETARY.

(1) Offices of Parliamentary Secretary are hereby established.

(2) There shall be such number of Parliamentary Secretaries (not exceeding 12) as is determined by the Head of State, acting with, and in accordance with, the advice of the Prime Minister.

(3) A Parliamentary Secretary shall be appointed from amongst the Members of Parliament (other than Ministers) by the Head of State, acting with, and in accordance with, the advice of the Prime Minister.

(4) A Parliamentary Secretary –

(a) may be dismissed from office by the Head of State, acting with, and in accordance with, the advice of the Prime Minister; and

(b) ceases to hold office if he becomes a Minister or ceases to be a Member of Parliament.

(5) A Parliamentary Secretary may resign from office by written notice to the Prime Minister.

3. FUNCTIONS OF PARLIAMENTARY SECRETARIES.

The functions of a Parliamentary Secretary are–

(a) to assist such Minister or Ministers as are designated by the Prime Minister; and

(b) to be a supportive spokesman in Parliament on the subject matter of the portfolio of the Minister or Ministers whom he is assisting; and

(c) to exercise delegated legislative powers; and

(d) to carry out ceremonial functions in relation to the portfolio; and

(e) to carry out such other duties as are specified by the Prime Minister.

4. REPEAL.

The Vice-Ministers Act 1994 is hereby repealed.

5. TRANSITIONAL.

(1) A person who, immediately before the commencement of this Act, was a Vice Minister within the meaning of the definition of “Vice Minister” in Section 1 of the Vice-Ministers Act 1994 shall, on the commencement of this Act, be deemed to have been appointed a Parliamentary Secretary under this Act.

(2) All acts, matters and things done or suffered under or for the purposes of the Act repealed by Section 4 or any determinations made thereunder and in effect immediately before the commencement of this Act shall be deemed, on the commencement of this Act, to have been done or suffered under or for the purposes of the equivalent provisions of this Act.

(3) Where any document or instrument whenever made or executed contains a reference express or implied, to a Vice Minister, that reference shall, on the commencement of this Act, except where the context otherwise requires, be read and construed and have effect as a reference to a Parliamentary Secretary.

SCHEDULE 1 – .

Official Personal Staff Act (Chapter 383)

1. Interpretation (Amendment of Section 1).

Section 1 of the Official Personal Staff Act 1980 (Chapter 383) is amended by repealing Paragraph (g) and replacing it with the following:–

(g) a Parliamentary Secretary appointed under the Parliamentary Secretaries Act 2004.”

Parliamentary Members’ Personal Staff Act 1988

2. Interpretation (Amendment of Section 1).

Section 1 of the Parliamentary Members' Personal Staff Act 1988 is amended in the definition of “Member of Parliament” by repealing the words “Vice-Ministers appointed under the Vice-Ministers Act 1994” and replacing them with the following:–

“Parliamentary Secretaries appointed under the Parliamentary Secretaries Act 2004.”

Salaries and Remuneration Commission Act 1988

3. Interpretation (Amendment of Section 1).

The Salaries and Remuneration Commission Act 1988 is amended –

(a) in Section 1 –

(i) by inserting after the definition of “other Constitutional Office-holders” the following:–

‘Parliamentary Secretaries’ means Parliamentary Secretaries appointed under the Parliamentary Secretaries Act 2004”

; and

(ii) by repealing definitions of “Vice Ministers”; and

(b) in Section 11(1) by repealing Paragraph (ga) and replacing it with the following:–

(ga) Parliamentary Secretaries; and”

Office of Legislative Counsel, PNG