{"id":"C1965A00005","name":"Parliamentary Presiding Officers Act 1965","slug":"parliamentary-presiding-officers-act-1965","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"5 of 1965","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":1876,"registerId":"C2016C00070","compilationNumber":null,"startDate":"2015-12-10","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 4 (item 46) of the [Statute Law Revision Act (No. 2) 2015](/C2015A00145)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Statute Law Revision Act (No. 2) 2015","year":2015,"number":145,"titleId":"C2015A00145","provisions":"sch 4 (item 46)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2016-01-28T10:57:01.263Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Parliamentary Presiding Officers Act 1965.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  In this Act:\n\n> Deputy Presiding Officer means:\n\n    (a) in relation to the Senate—the Deputy President and Chair of Committees;\n    (b) in relation to the House of Representatives—the Deputy Speaker.\n\n> Presiding Officer means:\n\n    (a) in relation to the Senate—the President of the Senate;\n    (b) in relation to the House of Representatives—the Speaker of the House of Representatives.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Presiding Officer to be deemed to continue to be Presiding Officer after resignation","content":"#### 3 Presiding Officer to be deemed to continue to be Presiding Officer after resignation\n\n  If the Presiding Officer of either House of the Parliament resigns his or her office or his or her seat, he or she shall, for the purposes of the exercise of any powers or functions by the Presiding Officer of that House under a law of the Commonwealth, be deemed to continue to be the Presiding Officer of that House (whether or not that House is dissolved, or the House of Representatives expires, after he or she so resigns) until a Presiding Officer is chosen by that House.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"President of Senate to be deemed to continue to be President after expiration of term of service","content":"#### 4 President of Senate to be deemed to continue to be President after expiration of term of service\n\n  If the President of the Senate ceases to be a senator by reason of the expiration of his or her term of service, he or she shall, for the purposes of the exercise of any powers or functions by the President of the Senate under a law of the Commonwealth, be deemed to continue to be the President of the Senate (whether or not the Senate is dissolved after he or she so ceases to be a senator) until a President is chosen by the Senate.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Deputy Presiding Officer to be deemed to be Presiding Officer in event of death, absence or incapacity of Presiding Officer","content":"#### 5 Deputy Presiding Officer to be deemed to be Presiding Officer in event of death, absence or incapacity of Presiding Officer\n\n  (1) If:\n    (a) the Presiding Officer of either House of the Parliament; or\n    (b) a person who, by virtue of section 3 or 4, is to be deemed, for the purposes of the exercise of any powers or functions by the Presiding Officer of either House of the Parliament, to continue to be the Presiding Officer of that House;\n  dies, is absent from the Commonwealth or is incapable by reason of illness from exercising any powers or functions under a law of the Commonwealth, the Deputy Presiding Officer of that House shall, for the purposes of the exercise of any powers or functions by the Presiding Officer of that House under a law of the Commonwealth, be deemed to be the Presiding Officer of that House (whether or not that House is dissolved, or the House of Representatives expires, after the death or during the absence or incapacity) until a Presiding Officer is chosen by that House or the absence or incapacity terminates, as the case may be.\n  (2) For the purposes of subsection (1), where there is no Deputy Presiding Officer of a House of the Parliament, the person who last held office as Deputy Presiding Officer of that House shall be deemed to continue to be the Deputy Presiding Officer of that House until a Deputy Presiding Officer of that House is appointed by that House.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Presiding Officer to be deemed to continue to be Presiding Officer after dissolution or expiry of House","content":"#### 6 Presiding Officer to be deemed to continue to be Presiding Officer after dissolution or expiry of House\n\n  Where either House of the Parliament is dissolved, or the House of Representatives expires, the person, if any, who was the Presiding Officer of that House immediately before the dissolution or expiry shall, for the purposes of the exercise of any powers or functions by the Presiding Officer of that House under a law of the Commonwealth, be deemed to continue to be the Presiding Officer of that House until a Presiding Officer is chosen by that House.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Deputy Presiding Officer to be deemed to be Presiding Officer in event of death, absence or incapacity of Presiding Officer after dissolution or expiry of House","content":"#### 7 Deputy Presiding Officer to be deemed to be Presiding Officer in event of death, absence or incapacity of Presiding Officer after dissolution or expiry of House\n\n  If, after either House of the Parliament has been dissolved, or the House of Representatives has expired, the person, if any, who was the Presiding Officer of that House immediately before the dissolution or expiry dies, is absent from the Commonwealth or is incapable by reason of illness of exercising any powers or functions under a law of the Commonwealth, the person who last held office as Deputy Presiding Officer of that House shall, for the purposes of the exercise of any powers or functions by the Presiding Officer of that House under a law of the Commonwealth, be deemed to be the Presiding Officer of that House until a Presiding Officer is chosen by that House or the absence or incapacity terminates, as the case may be.","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act is narrowly focused on continuity of authority for Presiding Officers and Deputies. The current text does not indicate any significant expansion of scope beyond that original purpose: it consistently confines the deeming effect to 'for the purposes of the exercise of any powers or functions...under a law of the Commonwealth' and only across a limited range of circumstances (resignation, expiry, dissolution, death, absence, incapacity). There is no addition of new subject matter or broadened regulatory aims in the text provided."},"complexity_factors":["Very short Act: 7 sections (including short title and interpretation).","Only two defined terms in the interpretation section (Presiding Officer; Deputy Presiding Officer).","Repetitive structure: similar deeming rules applied across a small set of factual situations (resignation/expiry, dissolution/expiry, death/absence/incapacity).","Few cross-references: mainly internal references to other sections (e.g. s 3 and 4 invoked in s 5).","Limited conditional logic: mostly binary conditions (if X occurs, then Y is deemed) with a single secondary fallback (s 5(2) for no deputy).","No multi-layered exceptions or extensive external statutory interplay spelled out in the text."],"plain_english_summary":"**What this law does (mechanically)**\n\n- The Act makes sure the presiding officer of each House of Parliament (the Speaker in the House of Representatives and the President in the Senate) is legally treated as still holding that office for the purpose of exercising any powers under Commonwealth law, in several specific situations. Key situations covered are: resignation or vacating the seat (s 3), expiration of a senator’s term (s 4), dissolution of a House or expiry of the House of Representatives (s 6), and death, absence or illness (ss 5 and 7).\n- If the Presiding Officer cannot exercise powers (because they have died, are absent from Australia, or are incapacitated), the Deputy Presiding Officer is treated as the Presiding Officer for those Commonwealth-law powers until a new Presiding Officer is chosen or the absence/incapacity ends (s 5). If there is no current Deputy, the person who last held that deputy post is treated as continuing in it until a new deputy is appointed (s 5(2)). A similar back-up rule operates after dissolution or expiry of a House (s 7).\n\n**Who is affected**\n\n- Presiding Officers (Speaker and President) and their Deputies (Deputy Speaker and Deputy President/Chair of Committees).\n- Commonwealth agencies, officials and private parties who rely on acts, decisions, appointments or signatures given by a Presiding Officer under Commonwealth law (for example, where a statute or administrative process requires an authorisation or signature from the Presiding Officer).\n- The Houses of Parliament, because the Act preserves continuity of certain functions up until a House chooses a replacement.\n\n**Why it matters**\n\n- The Act removes legal uncertainty that would otherwise arise if a Presiding Officer has technically ceased to be a member or the House has been dissolved but administrative or statutory functions still need to be carried out. By deeming the person to continue to be the Presiding Officer for Commonwealth-law purposes (ss 3–4, 6), the Act helps ensure that appointments, signatures, certifications, or other statutory acts are valid and do not lapse for want of an office-holder.\n- Where the Presiding Officer cannot act, the Deputy is authorised to step in automatically for the same Commonwealth-law purposes (ss 5 and 7), so that governmental functions are not stalled while the House arranges a formal replacement.\n\n**Mechanisms, decision-makers and behaviour changes**\n\n- Who decides: the relevant House continues to choose the Presiding Officer and Deputy in the usual way. The Act does not change that appointment power. The Act only changes how the law treats persons who have ceased to be office‑holders for the narrow purpose of exercising Commonwealth-law powers until a replacement is chosen (ss 3–7).\n- Who effectively acts: a Presiding Officer who has resigned, whose term has expired, or who was in office immediately before dissolution/expiry remains able to perform statutory powers until the House selects a new Presiding Officer (ss 3, 4, 6). If that person dies, is absent from Australia, or is incapacitated, the Deputy (or last deputy where no current deputy exists) is treated as Presiding Officer for those purposes until resolution (ss 5, 7).\n- Behavioural change: the Act permits continuity of lawful administrative acts by remaining or deputy office-holders. It reduces the need for ad hoc stop-gap administrative arrangements or revalidation of decisions that would otherwise be challenged because no sitting Presiding Officer had been formally chosen.\n\n**Costs, trade-offs and risks**\n\n- Administrative cost and burden: minimal. The Act primarily provides legal certainty rather than creating new administrative programs. Government departments may experience fewer procedural interruptions.\n- Legal risk and challenges: the Act is a deeming provision that reduces the risk of legal challenge to acts performed by a person who has technically ceased to be a member of Parliament but who is treated as still holding the presiding office for Commonwealth-law purposes. A residual risk exists where a specific Commonwealth law or constitutional requirement explicitly requires the office-holder to be a sitting member; courts may need to resolve conflicts between such provisions and this deeming rule.\n- Concentration of decision-making: brief continuance in office can allow an individual (or their deputy) to exercise powers after their representative status has changed. The Act limits that continuance to the period until the House chooses a replacement, and to exercise of powers under Commonwealth law; it does not change how the House selects its Presiding Officer.\n- Effects on private parties and markets: indirect and limited. The main practical effect for businesses or individuals is reduced administrative delay or uncertainty when statutory actions involving a Presiding Officer are required (e.g., issuance of formal documents, certifications or procedural authorisations). There is no direct regulatory or market intervention in competition, prices or ownership.\n\n**Net practical effect**\n\n- The statute is a narrowly targeted continuity measure: it keeps a chain of authority intact for the purposes of Commonwealth laws so that statutory functions tied to the Presiding Officers do not lapse during transitions, absences, illness, or after dissolution/expiry of a House, and it provides for a deputy to act where necessary (ss 3–7)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: ensuring continuity of the Speaker and President's statutory powers during transitions. It has not expanded beyond this specific administrative function."},"complexity_factors":["Only 2 defined terms in the interpretation section (Presiding Officer and Deputy Presiding Officer)","Straightforward conditional logic with clear triggers (resignation, death, absence, incapacity, dissolution, expiry)","No cross-references to other Acts or complex statutory schemes","Some repetition across sections (sections 5 and 7 cover similar scenarios with slightly different timing)","Nested deeming provisions (deemed to be deemed) in section 5(1)(b) referencing sections 3 and 4","Total length is only 7 short sections"],"plain_english_summary":"This law ensures that Parliament's most senior officials—the Speaker of the House of Representatives and the President of the Senate—can still perform their legal duties even during messy transitions.\n\n**What it does:**\n- **Keeps the 'show running' during handovers:** If the Speaker or President resigns, loses their seat at an election, or their term expires, they legally keep their official powers until a replacement is chosen. This prevents a vacuum where no one can sign documents or make decisions.\n- **Covers gaps between Parliaments:** Even if the House of Representatives is dissolved for an election (or expires), the outgoing Speaker or President keeps their powers until the new Parliament picks a replacement.\n- **Provides a backup plan:** If the Speaker or President dies, goes overseas, or falls ill, their deputy (the Deputy Speaker or Deputy President) automatically steps into their shoes for legal purposes.\n- **Handles edge cases:** If there's no deputy available, the last person who held that job fills in temporarily.\n\n**Who it affects:**\n- The Speaker, Deputy Speaker, President of the Senate, and Deputy President\n- Parliamentary staff who need official signatures or decisions during transitions\n- Anyone dealing with Parliament during election periods or unexpected absences\n\n**Why it matters:**\nWithout this law, there could be periods where no one has the legal authority to certify documents, issue parliamentary orders, or perform other statutory functions—especially during the chaotic period after an election when Parliament hasn't yet reconvened."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-presiding-officers-act-1965","history":"/api/acts/parliamentary-presiding-officers-act-1965/history","analysis":"/api/acts/parliamentary-presiding-officers-act-1965/analysis","conflicts":"/api/acts/parliamentary-presiding-officers-act-1965/conflicts","importantCases":"/api/acts/parliamentary-presiding-officers-act-1965/important-cases","documents":"/api/acts/parliamentary-presiding-officers-act-1965/documents"}}