{"id":"C1970A00008","name":"Parliamentary Counsel Act 1970","slug":"parliamentary-counsel-act-1970","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"8 of 1970","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2210,"registerId":"C2024C00817","compilationNumber":"12","startDate":"2024-12-11","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (item 37) of the [Crown References Amendment Act 2024](/C2024A00115)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Crown References Amendment Act 2024","year":2024,"number":115,"titleId":"C2024A00115","provisions":"sch 1 (item 37)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2024-12-18T11:52:37.392Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parliamentary Counsel Act 1970","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Parliamentary Counsel Act 1970\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\nParliamentary Counsel Act 1970\n\nNo. 8, 1970\n\nCompilation No. 12\n\nCompilation date: 11 December 2024\n\nIncludes amendments: Act No. 115, 2024\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Parliamentary Counsel Act 1970 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\nContents\n\n1 Short title\n\n2 Office of Parliamentary Counsel\n\n3 Functions of the Office of Parliamentary Counsel\n\n4 Appointment of First and Second Parliamentary Counsel\n\n5 Tenure of office\n\n6 Remuneration and allowances\n\n7 Leave of absence\n\n8 Resignation\n\n9 First or Second Parliamentary Counsel not to undertake other work\n\n10 Termination of appointment\n\n14 Oath or affirmation of allegiance and office\n\n15 Acting appointments\n\n16 Staff\n\n16B Charging of fees\n\n16C Notional payment of fees by the Commonwealth\n\n17 Regulations\n\nThe Schedule\n\nOATH \n\nAFFIRMATION\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n \n\nAn Act to establish an Office of Parliamentary Counsel, and for purposes connected therewith\n\n1  Short title\n\n  This Act may be cited as the Parliamentary Counsel Act 1970.\n\n2  Office of Parliamentary Counsel\n\n (1) There is hereby established an Office to be known as the Office of Parliamentary Counsel.\n\n (2) There shall be a First Parliamentary Counsel and 2 Second Parliamentary Counsel.\n\n (3) The Office of Parliamentary Counsel shall consist of the First Parliamentary Counsel, the Second Parliamentary Counsel and the staff referred to in section 16.\n\n (4) The First Parliamentary Counsel shall, under the Minister, control the Office of Parliamentary Counsel.\n\n (5) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n\n (a) the Office of Parliamentary Counsel is a listed entity; and\n\n (b) the First Parliamentary Counsel is the accountable authority of the Office; and\n\n (c) the persons referred to in subsection (3) are officials of the Office; and\n\n (d) the purposes of the Office include the functions of the Office referred to in section 3.\n\n3  Functions of the Office of Parliamentary Counsel\n\n (1) The functions of the Office of Parliamentary Counsel are:\n\n (a) the drafting of proposed laws for introduction into either House of the Parliament; and\n\n (b) the drafting of amendments of proposed laws that are being considered by either House of the Parliament; and\n\n (c) the drafting of subordinate legislation; and\n\n (d) the preparing of compilations and reprints of, and information relating to, laws of the Commonwealth; and\n\n (e) the publishing, and the making of arrangements for the printing and publishing, of:\n\n (i) laws, and proposed laws, of the Commonwealth; and\n\n (ii) compilations and reprints of laws of the Commonwealth; and\n\n (iii) information relating to laws of the Commonwealth; and\n\n (f) the preparing and publishing of Government Notices Gazettes, including Special and Periodic Gazettes; and\n\n (g) functions conferred on the Office (or on First Parliamentary Counsel) under the Legislation Act 2003 and any other laws of the Commonwealth; and\n\n (h) with the written approval of the Minister—the provision of assistance to a foreign country in relation to the drafting, printing or publishing of laws of the country or information relating to those laws; and\n\n (i) functions conferred by the regulations; and\n\n (j) functions incidental to any of the preceding functions.\n\n (2) The fact that an activity is within the functions of the Office of Parliamentary Counsel does not of itself exclude other persons or bodies from engaging in the activity. However, directions under section 55ZF of the Judiciary Act 1903 may affect the extent to which other persons or bodies may engage in the activity.\n\n (3) An approval under paragraph (1)(h) is not a legislative instrument.\n\n (4) In this section:\n\nlaws of the Commonwealth include Acts and subordinate legislation.\n\npublishing includes publishing electronically.\n\nsubordinate legislation includes:\n\n (a) Ordinances, Proclamations, regulations, rules and other legislative instruments made under laws of the Commonwealth; and\n\n (b) other instruments that:\n\n (i) are made under laws of the Commonwealth; or\n\n (ii) have or are given the force of Commonwealth law; or\n\n (iii) are otherwise related to, or have effect for the purposes of, laws of the Commonwealth.\n\n4  Appointment of First and Second Parliamentary Counsel\n\n (1) The First Parliamentary Counsel and the Second Parliamentary Counsel shall be appointed by the Governor‑General.\n\n (2) A person is not eligible for appointment as the First Parliamentary Counsel or as a Second Parliamentary Counsel unless the person is a barrister, a solicitor, a barrister and solicitor or a legal practitioner of the High Court or of the Supreme Court of a State or Territory of not less than 5 years’ standing.\n\n5  Tenure of office\n\n (1) Subject to this Act, the First Parliamentary Counsel and the Second Parliamentary Counsel hold office for such periods, not exceeding 7 years, as are respectively specified in the instruments of their appointments and on such terms and conditions as the Governor‑General determines, but are eligible for re‑appointment.\n\n6  Remuneration and allowances\n\n (1) The First Parliamentary Counsel and the Second Parliamentary Counsel shall be paid such remuneration as is determined by the Remuneration Tribunal.\n\n (2) The First Parliamentary Counsel and the Second Parliamentary Counsel shall be paid such allowances as are prescribed.\n\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n7  Leave of absence\n\n (1) The First Parliamentary Counsel and a Second Parliamentary Counsel have such recreation leave entitlements as are determined by the Remuneration Tribunal.\n\n (2) The Minister may grant the First Parliamentary Counsel and a Second Parliamentary Counsel leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n8  Resignation\n\n  The First Parliamentary Counsel or a Second Parliamentary Counsel may resign by writing signed and delivered to the Governor‑General.\n\n9  First or Second Parliamentary Counsel not to undertake other work\n\n  The First Parliamentary Counsel or a Second Parliamentary Counsel shall not engage in practice as a barrister or solicitor or engage in paid employment outside the duties of his or her office.\n\n10  Termination of appointment\n\n (1) The Governor‑General may terminate the appointment of the First Parliamentary Counsel or of a Second Parliamentary Counsel for physical or mental incapacity.\n\n (2) The Governor‑General shall terminate the appointment of the First Parliamentary Counsel or of a Second Parliamentary Counsel if:\n\n (a) he or she absents himself or herself from duty for 14 consecutive days, or for 28 days in any 12 months, except on leave of absence;\n\n (b) he or she is guilty of misbehaviour; or\n\n (c) he or she becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit.\n\n14  Oath or affirmation of allegiance and office\n\n (1) The First Parliamentary Counsel or a Second Parliamentary Counsel shall not perform the duties of the office unless he or she has made an oath or affirmation in relation to that office in accordance with the form of oath or affirmation in the Schedule.\n\n (2) The oath or affirmation shall be made before a justice of the peace or a commissioner for taking affidavits.\n\n15  Acting appointments\n\n (1) The Minister may appoint a person who is eligible for appointment as the First Parliamentary Counsel to act in the office of First Parliamentary Counsel:\n\n (a) during a vacancy in that office; or\n\n (b) during any period, or during all periods, when the person holding that office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of that office.\n\nNote: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (2) The Minister may appoint a person who is eligible for appointment as a Second Parliamentary Counsel to act in an office of Second Parliamentary Counsel:\n\n (a) during a vacancy in that office; or\n\n (b) during any period, or during all periods, when the person holding an office of Second Parliamentary Counsel is absent from duty or from Australia, is acting in the office of First Parliamentary Counsel or is, for any other reason, unable to perform the functions of his or her office of Second Parliamentary Counsel.\n\nNote: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n16  Staff\n\n (1) The staff required for the purposes of this Act shall be persons engaged under the Public Service Act 1999.\n\n (2) For the purposes of the Public Service Act 1999:\n\n (a) the First Parliamentary Counsel and the APS employees assisting the First Parliamentary Counsel together constitute a Statutory Agency; and\n\n (b) the First Parliamentary Counsel is the Head of that Statutory Agency.\n\n16B  Charging of fees\n\n (1) The Office of Parliamentary Counsel may, on behalf of the Commonwealth, charge fees for things done in the performance of the Office’s functions, other than the functions covered by paragraphs 3(1)(a) and (b).\n\n (2) A fee charged under subsection (1) must not be such as to amount to taxation.\n\n (3) A fee charged under subsection (1):\n\n (a) is a debt due to the Office of Parliamentary Counsel, on behalf of the Commonwealth; and\n\n (b) is recoverable by the Office of Parliamentary Counsel, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n16C  Notional payment of fees by the Commonwealth\n\n (1) The purpose of this section is to ensure that fees under section 16B are notionally payable by the Commonwealth (or parts of the Commonwealth).\n\n (2) The Minister responsible for administering the Public Governance, Performance and Accountability Act 2013 may give written directions for the purpose of this section, including directions relating to the transfer of amounts within, or between, accounts operated by the Commonwealth.\n\n (3) A direction under subsection (2) is not a legislative instrument.\n\n17  Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\nThe Schedule  \n\nSections 14 and 15\n\n \n\nOATH\n\nI, A.B., do swear that I will be faithful and bear true allegiance to (insert name of the Sovereign), (insert applicable pronoun, such as “His” or “Her”) Heirs and Successors according to law and that I will well and truly serve (insert applicable pronoun, such as “Him” or “Her”) in the office of\n\nSo help me God!\n\nAFFIRMATION\n\nI, A.B., do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to (insert name of the Sovereign), (insert applicable pronoun, such as “His” or “Her”) Heirs and Successors according to law and that I will well and truly serve (insert applicable pronoun, such as “Him” or “Her”) in the office of\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n \n\nEndnote 2—Abbreviation key\n\n \n\n| ad = added or inserted | o = order(s) |\n| --- | --- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| ed = editorial change | reloc = relocated |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered |\n| effect | rep = repealed |\n| F = Federal Register of Legislation | rs = repealed and substituted |\n| gaz = gazette | s = section(s)/subsection(s) |\n| LA = Legislation Act 2003 | Sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |\n| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |\n| effect | SR = Statutory Rules |\n| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |\n| cannot be given effect | SubPt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n\n\n \n\nEndnote 3—Legislation history\n\n \n\n| Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- | --- |\n| Parliamentary Counsel Act 1970 | 8, 1970 | 15 May 1970 | 12 June 1970 |  |\n| Salaries Act 1971 | 22, 1971 | 4 May 1971 | 14 Jan 1971 (see s 2) | — |\n| Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 (see s 2) | ss. 9(1) and 10 |\n| Statute Law Revision Act 1981 | 61, 1981 | 12 June 1981 | s. 115: 12 June 1981 (see s 2(1)) | — |\n| Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 | 39, 1983 | 20 June 1983 | s. 3: 18 July 1983 (see s 2(1)) | — |\n| Public Service Reform Act 1984 | 63, 1984 | 25 June 1984 | s. 151(1): 1 July 1984 (see s 2(4) and Gazette 1984, No. S245) | s. 151(9) |\n| Statute Law (Miscellaneous Provisions ) Act 1988 | 38, 1988 | 3 June 1988 | s. 3: 3 June 1988 (see s 2(1)) | s. 5(1), (5) |\n| Industrial Relations Legislation Amendment Act 1991 | 122, 1991 | 27 June 1991 | s. 31: 10 Dec 1991 (see s 2(3) and Gazette 1991, No. S332) | — |\n| Statute Law Revision Act 1996 | 43, 1996 | 25 Oct 1996 | Schedule 4 (item 118): 25 Oct 1996 (see s 2(1)) | — |\n| Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Schedule 1 (items 725–727): 5 Dec 1999 (see s 2(1), (2) and Gazette 1999, No. S584) | — |\n| Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 | 159, 2001 | 1 Oct 2001 | 29 Oct 2001 (see s 2(1)) | Sch. 1 (item 97) |\n| Statute Law Revision Act 2008 | 73, 2008 | 3 July 2008 | Schedule 4 (item 412): 4 July 2008 (see s 2(1) item 64) | — |\n| Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Schedule 2 (items 903, 904) and Schedule 3 (items 10, 11): 27 Dec 2011 (see s 2(1) items 7, 12) | Sch. 3 (items 10, 11) |\n| Parliamentary Counsel and Other Legislation Amendment Act 2012 | 107, 2012 | 22 July 2012 | Schedule 1: 1 Oct 2012 (see s 2(1) item 2 and F2012L01963) | — |\n| Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 6 (item 65), Sch 11 (items 34, 35) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |\n| as amended by |  |  |  |  |\n| Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |\n| as amended by |  |  |  |  |\n| Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |\n| Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |\n| Acts and Instruments (Framework Reform) Act 2015 | 10, 2015 | 5 Mar 2015 | Sch 1 (items 157, 166–179): 5 Mar 2016 (s 2(1) item 2) | Sch 1 (items 166–179) |\n| as amended by |  |  |  |  |\n| Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 3 (items 1, 6): 5 Mar 2016 (s 2(1) item 8) | Sch 3 (item 6) |\n| Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 6 (item 1): 18 Oct 2023 (s 2(1) item 3) | — |\n| Crown References Amendment Act 2024 | 115, 2024 | 10 Dec 2024 | Sch 1 (item 37): 11 Dec 2024 (s 2(1) item 1) | — |\n\n\n \n\nEndnote 4—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| s. 2..................... | am. No. 61, 1981; No. 38, 1988; No 62, 2014 |\n| s. 3..................... | am. No. 216, 1973; No. 39, 1983; No. 38, 1988; No. 107, 2012; No 10, 2015 |\n|  | ed C11 |\n| s. 4..................... | am. No. 216, 1973; No. 61, 1981; No. 38, 1988 |\n| s. 5..................... | am. No. 61, 1981; No. 38, 1988; No. 159, 2001 |\n| s. 6..................... | am. No. 22, 1971 |\n|  | rs. No. 61, 1981 |\n|  | am. No. 43, 1996 |\n| s. 7..................... | am. No. 38, 1988 |\n|  | rs. No. 122, 1991 |\n|  | am. No. 146, 1999 |\n| s. 8..................... | rs. No. 38, 1988 |\n| s. 9..................... | am. No. 38, 1988 |\n| s. 10.................... | am. No. 61, 1981; No. 38, 1988; No. 122, 1991; No. 73, 2008 |\n| s. 11.................... | am. No. 216, 1973 |\n|  | rep. No. 61, 1981 |\n| s. 12.................... | rep. No. 61, 1981 |\n| s. 13.................... | rep. No. 216, 1973 |\n| s. 14.................... | am. No. 61, 1981; No. 38, 1988 |\n| s. 15.................... | rs. No. 61, 1981 |\n|  | am. No. 38, 1988; No. 46, 2011 |\n| s. 16.................... | am. No. 61, 1981; No. 63, 1984; No. 38, 1988; No. 146, 1999 |\n| s. 16A................... | ad. No. 39, 1983 |\n|  | am. No. 38, 1988 |\n|  | rep No 62, 2014 |\n| s. 16B................... | ad. No. 107, 2012 |\n| s. 16C................... | ad. No. 107, 2012 |\n|  | am No 62, 2014 |\n| The Schedule |  |\n| The Schedule.............. | am No 115, 2024 |\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s core drafting role remains but its operational scope has expanded since 1970. Key extensions include an express fee‑charging power for non‑drafting services (s16B, added 2012), a notional payment/direction mechanism to move amounts within Commonwealth accounts (s16C, added 2012; amended 2014), and formal integration with Commonwealth financial governance as a listed entity with the First Parliamentary Counsel as accountable authority (s2(5), added 2014). Other amendments broadened publishing functions and cross‑referenced the Legislation Act 2003 (s3)."},"complexity_factors":["Cross‑references to multiple external statutes that shape governance (Public Service Act 1999, PGPA Act 2013: s2(5); Legislation Act 2003: s3(1)(g))","Discretionary executive powers (Governor‑General appointments s4; Minister acting appointments s15; Minister leave powers s7; Minister directions allowed under s16C)","Fee regime with legal constraints (may charge fees for non‑drafting services s16B; fees must not amount to taxation s16B(2); fees are recoverable debts s16B(3))","Notional payment mechanism allowing internal Commonwealth account transfers (s16C) and a non‑legislative direction (s16C(2)–(3))","Broad, open‑textured functional definitions (s3’s wide definition of subordinate legislation and publishing) that allow operational flexibility","Statutory employment structure combining statutory officeholders and APS staff (s2(3)–(5); s16(1)–(2))","Specific eligibility, tenure and termination rules for officeholders (ss4–5,10) that constrain personnel decisions","Editorial and schedule formalities (oath/affirmation in Schedule; amendments history noted in endnotes) that affect commencement and application"],"plain_english_summary":"This Act creates the Office of Parliamentary Counsel as the Commonwealth office that drafts federal laws and subordinate instruments, prepares official compilations and Government Gazettes, and publishes law-related information. It sets how the First and Second Parliamentary Counsel are appointed, paid, and removed and makes the First Parliamentary Counsel the accountable authority for finance purposes.\n\nThe Office may charge fees for non-drafting services (s16B) and the responsible Minister can direct notional transfers to reflect those fees (s16C). The Office and its staff are governed by the Public Service Act and related financial and legislation laws."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing and governing the Office of Parliamentary Counsel. While amendments have modernised aspects (such as adding electronic publishing, updating financial governance references to the PGPA Act, adding fee-charging capacity in 2012, and updating the oath format in 2024), these are evolutionary updates consistent with the original intent. The core functions—drafting legislation for Parliament and publishing laws—remain unchanged since 1970."},"complexity_factors":["Short length (17 sections plus Schedule)","Minimal cross-referencing (primarily to Public Governance, Performance and Accountability Act 2013, Public Service Act 1999, and Remuneration Tribunal Act 1973)","Straightforward structure: establishment, functions, appointments, conditions, staff, fees, regulations","Only 4 defined terms in section 3(4) ('laws of the Commonwealth', 'publishing', 'subordinate legislation')","No nested exceptions or complex conditional logic","Simple procedural requirements (oaths, appointments, leave)","Recent amendments (2012, 2014, 2015, 2023, 2024) are minor updates for machinery of government changes and modernisation rather than substantive complexity"],"plain_english_summary":"This law creates and runs the Office of Parliamentary Counsel (OPC), the government body responsible for writing Australia's laws.\n\n**What it does:**\n- **Establishes the Office**: Creates the Office of Parliamentary Counsel as a government entity, headed by the First Parliamentary Counsel (the boss) and two Second Parliamentary Counsel (deputies), plus staff.\n- **Sets the job description**: The OPC's main job is drafting bills (proposed laws) for Parliament, drafting amendments to bills, and writing subordinate legislation (regulations, rules, and other legal instruments made under Acts). They also compile and publish laws, run the Government Gazette, and can help foreign countries with their laws if approved.\n- **Appoints the bosses**: The Governor-General appoints the First and Second Parliamentary Counsel. They must be qualified lawyers with at least 5 years' experience. They serve up to 7-year terms, can be reappointed, and must swear an oath of allegiance.\n- **Sets rules for staff**: The senior lawyers can't do private legal work on the side, can be sacked for misconduct or bankruptcy, and get their pay set by the Remuneration Tribunal. Staff are regular public servants.\n- **Allows fee charging**: The OPC can charge fees for some services (like publishing or helping foreign governments), but not for drafting bills or amendments for Parliament.\n- **Provides for acting appointments**: The Minister can appoint acting First or Second Parliamentary Counsel when the permanent officeholders are away or the job is vacant.\n\n**Who it affects:**\n- **Parliament**: Gets professionally drafted laws.\n- **Government agencies**: Rely on OPC for drafting regulations and publishing official notices.\n- **The public**: Benefits from clear, accessible laws and official publications.\n- **The lawyers who work there**: Their employment conditions, restrictions on outside work, and appointment processes are governed by this Act.\n\n**Why it matters:**\nThis Act ensures there is a professional, independent body dedicated to turning policy into precise legal language. Without it, laws might be poorly drafted, inconsistent, or hard to understand. It maintains the quality and clarity of Australian legislation."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-counsel-act-1970","history":"/api/acts/parliamentary-counsel-act-1970/history","analysis":"/api/acts/parliamentary-counsel-act-1970/analysis","conflicts":"/api/acts/parliamentary-counsel-act-1970/conflicts","importantCases":"/api/acts/parliamentary-counsel-act-1970/important-cases","documents":"/api/acts/parliamentary-counsel-act-1970/documents"}}