{"id":"C2004A03602","name":"Parliamentary Precincts Act 1988","slug":"parliamentary-precincts-act-1988","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"9 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7577,"registerId":"commonwealth-C2004A03602-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Parliamentary Precincts Act 1988.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n  (1) Sections 1, 2, 3, 4 and 7, and the amendment of the Parliament House Construction Authority Act 1979 made by this Act, commence on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> House means a House of the Parliament.\n\n> order means a standing or other order, and includes a rule or resolution.\n\n> Parliament House means the new Parliament House.\n\n> precincts means:\n\n    (a) the Parliamentary precincts defined by section 4; and\n    (b) any property to which section 5 applies.\n\n> Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.\n\n> property means:\n\n    (a) land; or\n    (b) a building or part of a building.\n\n> protective service officer means:\n\n    (a) a protective service officer; or\n    (b) a special protective service officer;\n  within the meaning of the Australian Federal Police Act 1979.\n  (2) A reference in this Act to a Presiding Officer includes a reference to a person for the time being exercising powers, and performing functions, vested in a Presiding Officer apart from this Act.\n  (3) A reference in this Act to the Presiding Officers is a reference to those Officers acting jointly.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Parliamentary precincts","content":"#### 4 Parliamentary precincts\n\n  (1) The Parliamentary precincts consist of the land on the inner side of the boundary defined by subsection (2), and all buildings, structures and works, and parts of buildings, structures and works, on, above or under that land.\n  (2) The boundary of the Parliamentary precincts is the approximately circular line comprising:\n    (a) the arcs formed by the outer edge of the top of the retaining wall; and\n    (b) in places where there is no retaining wall—arcs completing the circle partly formed by the first-mentioned arcs.\n  (3) In this section:\n\n> inner means nearer to Parliament House, and outer has the opposite meaning.\n\n> retaining wall means the wall of varying height that partly surrounds the perimeter of the site of Parliament House and is near the inner kerb of Capital Circle, but does not include any part of the road tunnel on Capital Circle.\n\n  (4) The location of the Parliamentary precincts defined by this section is indicated by shading on the plan set out in Schedule 1.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Premises included in Parliamentary precincts","content":"#### 5 Premises included in Parliamentary precincts\n\n  (1) This section applies to property that is owned or held under lease by the Commonwealth and is not within the Parliamentary precincts defined by section 4.\n  (2) If the Presiding Officers certify in writing that specified property is required for purposes of the Parliament, the regulations may declare that the property shall be treated as part of the Parliamentary precincts for the purposes of this Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Control and management of precincts","content":"#### 6 Control and management of precincts\n\n  (1) The precincts are under the control and management of the Presiding Officers.\n  (2) The Presiding Officers may, subject to any order of either House, take any action they consider necessary for the control and management of the precincts.\n  (3) In respect of the Ministerial Wing in Parliament House, the powers and functions given to the Presiding Officers by subsections (1) and (2) are subject to any limitations and conditions agreed between the Presiding Officers and the Minister.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Leases and licences","content":"#### 7 Leases and licences\n\n  (1) The Presiding Officers may, on behalf of the Commonwealth:\n    (a) grant leases and licences in respect of property in the precincts to be used for commercial purposes; and\n    (b) exercise any rights of the Commonwealth in respect of such leases and licences.\n  (2) Leases and licences shall be on such terms and conditions, and subject to payment of such consideration, as the Presiding Officers think fit.\n  (3) This section has effect notwithstanding anything to the contrary in any law of the Australian Capital Territory relating to leases.\n  (4) In this section:\n\n> precincts does not include any property to which section 5 applies.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Australian Federal Police","content":"#### 8 Australian Federal Police\n\n  (1) Where, under an order of either House relating to the powers, privileges and immunities of that House, a person is required to be arrested or held in custody, the person may be arrested or held by a member or special member of the Australian Federal Police in accordance with general arrangements agreed between the Presiding Officers and the Minister administering the Australian Federal Police Act 1979.\n  (2) Subsection (1) has effect notwithstanding the Australian Federal Police Act 1979.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Australian Protective Service","content":"#### 9 Australian Protective Service\n\n  The functions of protective service officers in relation to the precincts shall be performed in accordance with general arrangements agreed between the Presiding Officers and the Minister administering the Australian Federal Police Act 1979.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Prosecutions","content":"#### 10 Prosecutions\n\n  The functions of the Director of Public Prosecutions in respect of offences committed in the precincts shall be performed in accordance with general arrangements agreed between the Presiding Officers and the Director of Public Prosecutions.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Public Order (Protection of Persons and Property) Act 1971","content":"#### 11 Public Order (Protection of Persons and Property) Act 1971\n\n  The Public Order (Protection of Persons and Property) Act 1971 applies to the precincts as if they were Commonwealth premises within the meaning of that Act.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Saving of powers, privileges and immunities","content":"#### 12 Saving of powers, privileges and immunities\n\n  Nothing in this Act shall be taken to derogate from the powers, privileges and immunities of each House, and of the members and committees of each House, under any other law.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n  The Governor-General may make regulations for the purposes of subsection 5(2).","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Amendments of other Acts","content":"#### 14 Amendments of other Acts\n\n  The Acts specified in Schedule 2 are amended as set out in that Schedule.","sortOrder":13}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act establishes a fixed precinct boundary (s4; Schedule 1) but also creates a mechanism to expand the precincts by treating specified Commonwealth-owned or -leased property outside that boundary as precincts when the Presiding Officers certify it is required for parliamentary purposes and the regulations declare it so (s5, s13). In addition, Schedule 2 amendments to other Acts and the application of the Public Order Act to the precincts (s11, s14) mean the set of legal effects tied to the precincts can be extended beyond the original physical boundary without amending the boundary text in s4, so the practical scope of the precincts can change post-enactment through certification, regulation and cross-Act amendments."},"complexity_factors":["Defined geographic boundary tied to a physical feature and a plan in Schedule 1, requiring physical interpretation (s4; Schedule 1).","Discretionary control and management powers conferred on the Presiding Officers with limited statutory constraints (s6(2); s7(2)).","Regulatory and proclamation mechanisms for commencement and expansion of precinct coverage (s2, s5, s13).","Dependence on inter-agency \"general arrangements\" with the AFP Minister and the Director of Public Prosecutions to operationalise enforcement and prosecutions (s8–s10).","Cross-references and application of other Commonwealth Acts (Public Order Act application (s11) and amendments to other Acts in Schedule 2) creating layered legal interactions (s11, s14; Schedule 2).","Explicit carve-out for leasing power to exclude s5 properties, adding an administrative distinction between property classes (s7(4))."],"plain_english_summary":"What this law does (mechanics)\n\n- It defines the Parliamentary precincts as the land and any buildings, structures and works on, above or below that land inside a roughly circular boundary described by the top edge of a retaining wall and shown on a plan in Schedule 1 (s4).  \n- The Presiding Officers (the President of the Senate and the Speaker of the House of Representatives acting together) are placed in control of the precincts and may take any action they consider necessary for their control and management, subject to any order of either House (s3, s6).  \n- The Presiding Officers can certify that other Commonwealth-owned or leased property outside the boundary is required for parliamentary purposes; the Governor-General may then make regulations to treat that property as part of the precincts (s5, s13).  \n- The Presiding Officers may, on behalf of the Commonwealth, grant leases and licences for commercial use of property in the precincts (except properties added under s5), set the terms and accept consideration on whatever terms they think fit, and exercise related Commonwealth rights (s7).  \n- Arrangements about arrest and custody under orders of either House, the functions of protective service officers in the precincts, and the conduct of prosecutions for offences in the precincts are to be made by agreement between the Presiding Officers and the relevant Commonwealth officials (the Minister administering the Australian Federal Police Act 1979 or the Director of Public Prosecutions) and operate notwithstanding other Acts where stated (s8–s10).  \n- The Public Order (Protection of Persons and Property) Act 1971 is to apply to the precincts as if they were Commonwealth premises (s11).  \n- The Act preserves existing parliamentary powers, privileges and immunities so nothing in this Act is to be taken to reduce those under other laws (s12).  \n- The Act comes into force in stages: some sections on Royal Assent and the rest by proclamation (s2).  \n\nWho this affects (in plain terms)\n\n- The Presiding Officers: they receive responsibility and broad discretion over control, management, leasing and certification of precinct-related property (s3, s5, s6, s7).  \n- Parliament (both Houses) and their members, committees and staff: the precincts are their working environment and the Act preserves their existing powers and immunities (s12).  \n- Commonwealth agencies and officials: the Australian Federal Police, protective service officers and the Director of Public Prosecutions must operate in the precincts under arrangements agreed with the Presiding Officers (s8–s10).  \n- Private parties and commercial tenants: businesses can be granted leases or licences for commercial use of precinct property under terms set by the Presiding Officers (s7).  \n- Owners or lessees of Commonwealth land or buildings outside the initial boundary: their property can be brought within precincts for parliamentary purposes if certified by the Presiding Officers and declared by regulation (s5, s13).  \n\nWhy it matters (purpose-claims and practical effects)\n\n- Purpose-claims in the Act: the instrument organizes authority over the Parliamentary precincts by establishing a geographic definition (s4, Schedule 1), centralising management with the Presiding Officers (s6), and enabling security, prosecution and public order arrangements to be put in place by agreement with Commonwealth agencies (s8–s11). Those are claims about ensuring defined management and security arrangements for parliamentary property.  \n\n- Who pays: commercial tenants will provide consideration for leases and licences granted by the Presiding Officers (s7(2)). The Commonwealth remains owner of precinct property; costs of security and prosecutions are borne through arrangements with Commonwealth agencies (s8–s10), meaning public resources fund those functions unless other charging arrangements are agreed.  \n\n- Who decides and where discretion sits: the Presiding Officers hold wide discretion over management actions (s6(2)) and over lease/licence terms and whether to accept consideration (s7(2)). They also decide if non-boundary Commonwealth property is required for parliamentary purposes (s5). Security and prosecution procedures rely on \"general arrangements\" agreed between the Presiding Officers and Ministers or the DPP (s8–s10), creating scope for negotiated operational arrangements.  \n\n- Incentives, trade-offs and compliance burden: granting of commercial leases creates revenue opportunities for the Commonwealth but delegates pricing and terms to the Presiding Officers (s7). That delegation reduces standard administrative constraints (s7(3) overrides ACT lease law) and concentrates decision authority, which may lower transaction costs for tailoring deals but increases reliance on internal controls to manage conflicts of interest and ensure consistent treatment. Adding property to the precincts (s5) allows functional expansion without amending the boundary in s4, but requires certification by the Presiding Officers and a regulation (s5, s13), which creates administrative steps and potential delay. Security and prosecution are dependent on inter-agency agreements (s8–s10), which can allow operational flexibility but create implementation risk if agreements are not promptly finalised.  \n\n- Effects on private choice and markets: private actors may access commercial opportunities inside the precincts through leases and licences (s7). The Presiding Officers' broad discretion over terms may affect competition and the price of access; properties certified under s5 are excluded from the leasing regime in s7(4), which changes which properties are available to commercial tenants.  \n\n- Interaction with other laws: the Act cross-references and modifies application of other Commonwealth statutes and leaves existing parliamentary privileges intact (s11, s12, s14 and Schedules). This produces legal layering that requires implementers to check multiple instruments to understand rights and obligations in the precincts.  \n\nImplementation and risk notes (source-grounded)\n\n- The Act relies on external instruments and agreements to operationalise key functions: proclamations for full commencement (s2), regulations to include extra property (s13 referring to s5), and \"general arrangements\" with the AFP Minister and the DPP for arrests, protective services and prosecutions (s8–s10).  \n- Key decisions are concentrated with the Presiding Officers (s3, s5, s6, s7), so internal governance and record-keeping will determine how consistently the Act is applied in practice.  \n\nPrimary sections cited: ss3–13, Schedule 1, Schedule 2."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the Presiding Officers' control over the Parliamentary precincts, defining the physical boundaries, and arranging for police and security services. There is no evidence of scope creep into unrelated policy areas."},"complexity_factors":["Only 7 defined terms in the interpretation section, with straightforward definitions","Minimal cross-referencing — primarily internal references to sections 4 and 5","Simple conditional logic: section 5(2) has a basic trigger (certification by Presiding Officers) enabling regulations","No nested exceptions or complex provisos","Short length (14 sections plus schedules)","Clear structural separation between definitions, substantive provisions, and machinery provisions","Single carve-out in section 7(4) excluding section 5 property from the leasing power — easily identifiable"],"plain_english_summary":"This law sets up the rules for who controls Parliament House in Canberra and the land around it.\n\n**What it does:**\n- **Defines the boundaries:** It draws a line around Parliament House (literally — using the retaining wall that circles the building) and says everything inside that circle is the \"Parliamentary precincts.\"\n- **Who's in charge:** The President of the Senate and the Speaker of the House of Representatives (called the \"Presiding Officers\" together) have full control and management of the area. They can make decisions about security, building works, and even leasing space for shops or cafes.\n- **Extra land:** If the Commonwealth owns other nearby property that's needed for Parliament's work, the Presiding Officers can certify it and the Governor-General can declare it part of the precincts through regulations.\n- **Police and security:** It sets up arrangements for the Australian Federal Police to arrest people if ordered by either House of Parliament, and for protective service officers to provide security — but only under agreements between the Presiding Officers and the relevant Ministers.\n- **Prosecutions:** The Director of Public Prosecutions handles criminal cases from the precincts, again under agreed arrangements with the Presiding Officers.\n- **Protects parliamentary privilege:** Importantly, nothing in this law reduces the special legal protections (called \"powers, privileges and immunities\") that Parliament and its members have under other laws — like the right to free speech in debates without being sued.\n\n**Who it affects:**\n- Members of Parliament and parliamentary staff\n- Visitors to Parliament House\n- The Australian Federal Police and protective service officers\n- Anyone leasing commercial space in the building (like the gift shop or cafeteria)\n- The ACT government (the law overrides ACT leasing laws for the precincts)\n\n**Why it matters:**\nThis law ensures Parliament can run its own house — literally. It keeps the executive government (the Ministers) from controlling parliamentary spaces, reinforcing the separation of powers. It also ensures that parliamentary privilege (the special legal protections for MPs) isn't accidentally weakened by having regular police or public service rules apply inside Parliament House."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original intent: defining the physical boundaries of the Parliamentary precincts, establishing who controls them, and setting out how law enforcement and commercial arrangements operate within them. No significant scope creep is evident from the text."},"complexity_factors":["Interaction between multiple Acts (Australian Federal Police Act 1979, Public Order (Protection of Persons and Property) Act 1971, Parliament House Construction Authority Act 1979)","Shared and overlapping jurisdictions between the Presiding Officers, Ministers, AFP, and the Director of Public Prosecutions","Technical geographic boundary definition referencing physical structures (retaining wall, Capital Circle) and a plan in a Schedule","Expandable definition of 'precincts' via ministerial certification and regulation-making power adds flexibility but also interpretive complexity","Constitutional underpinnings of parliamentary privilege and separation of powers sit beneath the surface of several provisions","Different rules apply to different zones within the precinct (e.g. Ministerial Wing)"],"plain_english_summary":"## Parliamentary Precincts Act 1988\n\n**What does this law do?**\n\nThis Act defines and governs the physical area surrounding Australia's Parliament House in Canberra — the land, buildings, and structures enclosed by the roughly circular retaining wall near Capital Circle. This defined zone is called the **\"Parliamentary precincts.\"**\n\n**Who controls this area?**\n\nThe two **Presiding Officers** — the President of the Senate and the Speaker of the House of Representatives — jointly manage and control the precincts. They can take whatever action they consider necessary to run the area, unless one of the Houses of Parliament has made a ruling otherwise. The Ministerial Wing (where ministers have offices) is a partial exception — the Presiding Officers share control of that area with the relevant Minister.\n\n**Key things the Act covers:**\n\n- 📍 **Boundary definition**: The precincts are the land inside the retaining wall near Capital Circle, plus any additional Commonwealth-owned or leased property that the Presiding Officers certify is needed for Parliament's purposes.\n- 🏪 **Commercial leases**: The Presiding Officers can grant leases and licences (permissions to occupy or use space) for commercial businesses operating within the precincts — think cafes, shops, etc.\n- 👮 **Police and security**: Australian Federal Police (AFP) can arrest or hold people in custody within the precincts under parliamentary orders. Protective service officers (security personnel) also operate in the area under arrangements agreed between the Presiding Officers and the relevant Minister.\n- ⚖️ **Prosecutions**: The Director of Public Prosecutions handles offences committed in the precincts under agreed arrangements with the Presiding Officers.\n- 🛡️ **Public order laws apply**: The precincts are treated like standard Commonwealth premises for public order law purposes.\n- 🏛️ **Parliamentary privilege preserved**: Nothing in this Act reduces or removes the existing powers, rights, and protections (\"privileges and immunities\") of each House of Parliament and its members and committees.\n\n**Why does this matter to you?**\n\nIf you visit, work in, or protest near Parliament House, this law determines who is in charge of that space, what rules apply, and who can arrest you or charge you with an offence. It also means Parliament — not the executive government — controls most of this iconic national space."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"3(1) - definition of 'protective service officer'","severity":"medium","reasoning":"A definition that includes the defined term itself as one of its own definitional categories provides no actual meaning for that category. While paragraph (b) adds 'special protective service officer' as a valid extension, paragraph (a) is logically vacuous — it tells the reader that a 'protective service officer' means a 'protective service officer', which is no definition at all. The intent was presumably to cross-reference both officer types from the AFP Act, but the drafting collapses into tautology for the primary category.","confidence":0.92,"description":"The definition of 'protective service officer' is entirely circular: it defines 'protective service officer' as meaning '(a) a protective service officer; or (b) a special protective service officer' within the meaning of the Australian Federal Police Act 1979. Paragraph (a) simply restates the term being defined."},{"type":"other","section":"3(1) - definition of 'precincts' read with s5","severity":"low","reasoning":"While it is legally permissible to modify a defined term locally within a section, doing so with a foundational jurisdictional concept like 'precincts' creates interpretive fragility. Every section of the Act must now be assessed to determine whether the full or truncated definition applies. The Act provides no general guidance principle for when the truncation applies beyond s7, leaving ambiguity for future sections or related instruments.","confidence":0.75,"description":"The definition of 'precincts' includes property under s5, but s7(4) explicitly carves s5 property back out of 'precincts' for leasing purposes only. This creates a two-speed definition of the same term within the same Act, requiring readers to mentally re-read the core defined term differently depending on which section they are applying."},{"type":"other","section":"2(2) - commencement by Proclamation","severity":"low","reasoning":"Section 13 grants the Governor-General power to make regulations 'for the purposes of subsection 5(2)'. Section 13 commences on Royal Assent. Section 5 commences only by Proclamation. Any regulations made under s13 before s5 commences would purport to operate for the purposes of a provision not yet in force, creating an odd legal instrument that is validly made but operationally purposeless until the Proclamation issues.","confidence":0.68,"description":"Section 2(2) requires 'remaining provisions' to commence on a day fixed by Proclamation, but s13 — which authorises the Governor-General to make regulations — commences under s2(1) (being one of the listed sections). However, those regulations are only operative once s5 commences under Proclamation. The regulatory power therefore exists in a legal vacuum: it is active, but the provision it serves (s5(2)) may not yet be in force."}],"contradictions":[{"severity":"medium","section_a":"3(1) - definition of 'precincts' (includes s5 property)","section_b":"7(4) - 'precincts does not include any property to which section 5 applies'","confidence":0.89,"description":"The Act's foundational definition of 'precincts' in s3(1) expressly includes property brought in under s5. Section 7(4) then directly contradicts this by declaring that for the purposes of s7, 'precincts' does not include s5 property. The same defined term carries opposite meanings within the same Act."},{"severity":"medium","section_a":"6(1)-(2) - Presiding Officers have control and management of 'precincts'","section_b":"6(3) - Ministerial Wing powers subject to agreement with Minister","confidence":0.78,"description":"Section 6(1) vests full control and management of 'the precincts' in the Presiding Officers. Section 6(3) immediately qualifies that the Ministerial Wing — which is part of Parliament House and therefore within the precincts — is subject to limitations agreed with the executive Minister. This subordinates parliamentary control of part of the precincts to executive agreement, sitting in tension with the separation of powers rationale that underpins the Presiding Officers' authority, and creates a practical deadlock where no limitations are agreed."},{"severity":"low","section_a":"12 - Nothing in this Act derogates from powers, privileges and immunities of each House","section_b":"6(2) - Presiding Officers' actions subject to any order of either House","confidence":0.62,"description":"Section 12 purports to preserve all existing powers, privileges and immunities of each House unaffected by the Act. Section 6(2) simultaneously subjects the Presiding Officers' management powers to 'any order of either House', meaning one House alone can constrain management of the joint precincts. This implies the Act does alter the balance of authority between the two Houses in relation to the precincts, potentially derogating from the privileges of one House at the instance of the other — contrary to s12's saving clause."}]}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-precincts-act-1988","history":"/api/acts/parliamentary-precincts-act-1988/history","analysis":"/api/acts/parliamentary-precincts-act-1988/analysis","conflicts":"/api/acts/parliamentary-precincts-act-1988/conflicts","importantCases":"/api/acts/parliamentary-precincts-act-1988/important-cases","documents":"/api/acts/parliamentary-precincts-act-1988/documents"}}