The by-law is built around a small set of recurrent legal and operational concepts. Each concept is used to allocate powers, impose duties or define exceptions. The principal concepts and their legal mechanics are as follows.

Authorised officer and identity card: The by-law relies on the concept of an authorised officer as the person who gives directions and enforces the by-law. The Clerk issues identity cards in a form approved by the Clerk (sec.18(1)). An authorised officer may only act under the by-law in relation to a person if they hold such a card (sec.18(2)), and must produce or display that card before acting, or produce it at the first reasonable opportunity if not practicable to do so immediately (sec.18(3)-(4)). If a person ceases to be an authorised officer they must return the card to the Clerk (sec.18(5)). This concept links legal authority to a tangible credential.

Entry pass system: Entry passes are issued by authorised officers and must be worn if directed (sec.5(1)). The by-law prescribes the information that may be required to issue a pass (name, address, phone number) and requires photographic identification to verify identity for the pass (sec.5(2)(a)-(b)). It criminalises false information in that context and prohibits passing the entry pass to others (sec.5(3)). Exit procedures require return or notification (sec.5(4)). This establishes an identifiable visitor regime and record-keeping trigger.

Scanning, inspection and limited searching: The by-law authorises a suite of security screening techniques on directed persons on entry, from walk-through detectors and X-ray of belongings to handheld scanners and inspection of articles (sec.7(1)-(2)). It permits removal of outer garments and articles from clothing and limited touching of garments to determine concealed restricted items, with a same-sex touch safeguard as far as reasonably practicable (sec.7(2)(b)-(e), sec.7(3)). The by-law defines scanning devices and clarifies the scope of “inspect” (sec.7(5)). It also prohibits behaviour intended to avoid directions (sec.7(4)).

Temporary custody and prescribed items: Authorised officers may direct persons to place prescribed items in temporary custody while on the precinct (sec.9(1)). The definition of prescribed item lists baggage, banners and signs with political statements, items of clothing, personal recording devices (explicitly including mobile phones and cameras), and “anything else the authorised officer considers should be left in temporary custody” (sec.9(2)). The inclusion of personal recording devices creates a concrete effect for media and public visitors.

Political statement regulation: The by-law distinguishes between clothing that displays political statements, banners/signs and attachment of items to structures. It allows temporary custody of political display items (sec.9(2)(b)), requires persons to cover or obscure political statements on clothing where it is not practicable to leave the clothing in custody (sec.10), and prohibits display or attachment of political statements on banners, signs or other things without permission from the Speaker or an authorised officer (sec.11).

Restricted items and restricted parts: Restricted items cannot be brought onto the precinct without permission of the Speaker or an authorised officer (sec.8). Entry to “restricted parts” of the precinct is limited to members or parliamentary officers and employees by notices placed by or under authority of the Speaker or Clerk (sec.13). Vehicles are similarly regulated by permission and by notices placed by or under the authority of the Speaker or Clerk (sec.12(1)-(2)).

Behavioural limits and safety rules: Prohibited conduct is framed to protect persons and proceedings: intimidation or harassment, danger to people, or disruption of Assembly or committee proceedings (sec.16). Damage to buildings and parliamentary-service property is prohibited (sec.14). Smoking is limited to nominated outdoor smoking places established by the Speaker and not already prohibited by the Tobacco and Other Smoking Products Act 1998 (sec.15).

Safeguards and dignity: The by-law incorporates procedural protections for intrusive measures. Authorised officers must ensure minimal embarrassment and take reasonable care to protect dignity when conducting searches and inspections under sec.7(2) (sec.17(1)). Where practicable and reasonably necessary, inspections may be conducted out of public view (sec.17(2)). For touching a garment to ascertain a concealed restricted item, the authorised officer must, as far as reasonably practicable, ensure the touching officer is of the same sex as the person (sec.7(3)).

Delegation and alignment with Speaker’s directions: The by-law allows authorised officers to give directions that are not inconsistent with directions from the Speaker (sec.4(1)) and frames that delegation as an authorisation for the statutory provision the by-law sits under (sec.4(2)). Permissions that remove prohibitions on certain conduct or bring items or vehicles onto the precinct are allocated to either the Speaker or authorised officers (for example sec.8, sec.11, sec.12).

Enforcement anchor: The by-law refers to the Act for noncompliance consequences (sec.2), and does not itself set out penalty amounts or detailed enforcement procedures. This places the enforcement mechanics in the parent statute.

Collectively, these concepts create a security and behavioural regime that combines identification and pass controls, directed screening and inspection powers, temporary seizure/custody of items (including recording devices and political paraphernalia), limitations on political expression in specified forms, and conduct rules intended to protect safety and parliamentary proceedings. The by-law balances operational discretion for authorised officers with specified safeguards and an express link to Speaker-issued directions.

The by-law operates on multiple populations with distinct obligations and decision rights. It affects visitors and members differently pursuant to the Act. The by-law expressly does not apply to members of the Legislative Assembly in the conduct of their parliamentary business, as stated in the by-law’s purpose section that cites section 50(7) of the Act (sec.2). For all other persons entering or on the parliamentary precinct, the by-law creates mandatory duties and prohibitions.

Primary affected groups

• Visitors and the public: Anyone who is not a member engaged in parliamentary business and who enters the precinct is subject to the entry pass regime (sec.5), scanning and searching directions (sec.7), restrictions on bringing restricted items (sec.8), requirements to leave prescribed items in temporary custody (sec.9), prohibitions on displaying political statements on banners or attaching such materials (sec.11), and obligations in relation to smoking, vehicle access and behaviour (sec.12, sec.15, sec.16). The by-law therefore directly shapes the behaviour of members of the public, guests, protesters, journalist visitors and contractors while on the precinct.

• Media and journalists: The by-law’s definition of personal recording device explicitly includes mobile phones and cameras (sec.9(2)). Media personnel who ordinarily rely on recording devices to collect images and audio may be directed to place such devices in temporary custody while on parts of the precinct or when attending galleries or committee rooms. The by-law’s restrictions on banners, signs and political statements (secs.9-11) also affect media accompanying or reporting on demonstrations.

• Protesters and political campaigners: The by-law limits public display of political statements, allows removal of banners and signs and permits direction to place such materials in custody (secs.9-11). It requires persons wearing clothing with political statements to cover or obscure those statements where it is not practicable to store the clothing off the precinct (sec.10).

• Contractors, tradespeople and service providers: Those who need to bring tools, bulky objects or vehicles onto the precinct will be subject to the prescribed item custody power (sec.9) and the vehicle permission and notice regime (sec.12). Entry to restricted parts is controlled by notices purporting to be placed by or under the authority of the Speaker or Clerk (sec.13).

• Parliamentary service staff and authorised officers: The Clerk and the Speaker are decision points for issuing identity cards (Clerk), establishing nominated smoking places and placing notices limiting access (Speaker, Clerk) and granting permissions that displace prohibitions (secs.12-13, sec.18). Authorised officers are delegated operational power to issue entry passes, direct scanning and searching, require temporary custody of items and enforce behaviour rules (secs.4, 5, 7, 9, 16). Authorised officers must hold and display identity cards to exercise their statutory powers (sec.18(1)-(4)).

• Members in contexts outside parliamentary business: The by-law’s sec.2 makes clear that directions under the underlying section of the Act do not apply to members in the conduct of their parliamentary business. The by-law therefore distinguishes members conducting parliamentary business from other persons. The text does not state how members are treated when they are not conducting parliamentary business; it simply records the statutory exemption for members in parliamentary business (sec.2).

Secondary institutional actors

• The Clerk: The Clerk has the administrative function of issuing identity cards and receiving returned cards (sec.18(1), (5)). The Clerk is also named in relation to notices authorising vehicle and restricted-part signage (secs.12-13 refer to notices by or under the authority of the Speaker or the Clerk).

• The Speaker: The Speaker retains decision-making authority for permissions relating to restricted items, display of political statements and vehicles, and for establishing nominated smoking places (secs.8, 11, 12(1), 15(3)). The by-law requires authorised officers to act consistently with directions given by the Speaker (sec.4(1)).

Indirectly affected groups and concerns

• Employers and event organisers: Organisations planning events that involve the parliamentary precinct or arranging attendance by staff or guests will need to incorporate the by-law’s requirements on entry passes, searches and temporary custody of recording devices into event logistics.

• Privacy and data custodianship stakeholders: The entry pass regime requires collection of name, address and phone number (sec.5(2)(a)). While the by-law does not refer to privacy laws, the practical effect is that the parliamentary service will collect personal information about visitors that will be subject to applicable privacy and records rules and retention practices.

• Legal advisers and civil liberties practitioners: The by-law confers intrusive powers and broad discretion (for example, “anything else the authorised officer considers should be left in temporary custody” in sec.9(2)(d)). Those advising clients who expect to attend the precinct will need to plan interactions and potential disputes over the exercise of that discretion.

In short, the by-law primarily impacts non-member visitors, media, protesters and contractors by imposing identification and screening requirements, curtailing public displays of political materials in specific forms, and empowering authorised officers to temporarily take custody of items including recording devices. The Speaker and the Clerk are the institutional centres for permissions and notices, while authorised officers perform front-line enforcement and administration, constrained by identified safeguards such as identity cards and dignity obligations (sec.17, sec.18).

This section lists, with reference to the by-law’s text, the principal statutory duties imposed on individuals and the rights or procedural safeguards embedded in the instrument.

Duties imposed on persons entering or on the precinct

• Wear an entry pass if directed by an authorised officer (sec.5(1)). The duty to display a pass is conditional upon a direction, not absolute.
• Provide information necessary to receive an entry pass if directed, including name, address and phone number (sec.5(2)(a)). Produce photographic identification to verify identity as shown or to be shown on an entry pass (sec.5(2)(b)).
• Do not provide false information in response to an authorised officer’s request for the purposes of issuing an entry pass (sec.5(3)(a)). Do not give an entry pass to someone who is not an authorised officer (sec.5(3)(b)).
• Return an entry pass on leaving the precinct or, if impracticable, notify an authorised officer that the person is leaving (sec.5(4)).
• Do not enter or attempt to enter using another person’s entry pass or someone else’s parliamentary identity card (sec.6(1)). The by-law defines parliamentary identity card to include cards issued under sec.18 and cards issued to identify persons who may enter the precinct (sec.6(2)).
• Comply with directions to submit to scanning or inspection on entry, including walk-through detectors, X-ray of belongings, handheld scanners and inspections of belongings or outer garments (sec.7(1)-(2)).
• Do not engage in behaviour intended to avoid a direction for scanning or inspection (sec.7(4)).
• Do not bring restricted items onto the precinct without permission of the Speaker or an authorised officer (sec.8).
• Place prescribed items in the temporary custody of an authorised officer if so directed; prescribed items include baggage, banners and signs displaying political statements, items of clothing, personal recording devices such as mobile phones and cameras, and anything else an authorised officer considers should be left in temporary custody (sec.9(1)-(2)).
• If wearing clothing with a political statement and it is not reasonably practicable to place that clothing in temporary custody, comply with a direction to cover or obscure the political statement and not reveal it while on the precinct (sec.10).
• Do not, without permission, display a political statement on a banner, sign or other thing, or attach such an item to a building, fence or other structure (sec.11).
• Do not drive or park on the precinct without permission from the Speaker or an authorised officer (sec.12(1)). Comply with notices placed by or under authority of the Speaker or Clerk and with directions from authorised officers about vehicle movement or parking (sec.12(2)-(3)).
• Do not enter restricted parts of the precinct without permission where those parts are identified by notice at or near the entry (sec.13).
• Do not vandalise or damage buildings or property for which the parliamentary service has administrative responsibility (sec.14).
• Do not smoke on the precinct other than in a nominated outdoor smoking place established by the Speaker and where not prohibited by the Tobacco and Other Smoking Products Act 1998 (sec.15).
• Do not engage in intimidation or harassment of members or others, conduct dangerous to people on the precinct, or conduct likely to disrupt Assembly or committee proceedings (sec.16).

Powers and duties of authorised officers and institutional rights

• Authorised officers may give directions under the by-law so long as those directions are not inconsistent with directions given by the Speaker under section 50 of the Act (sec.4(1)).
• Authorised officers may require people to submit to entry pass checks, scanning and inspection, temporary custody of items, and to follow vehicle directions (secs.5, 7, 9, 12).
• Authorised officers must, when conducting searches or inspections under sec.7(2), ensure as far as reasonably practicable that minimal embarrassment is caused and take reasonable care to protect the person’s dignity (sec.17(1)). Where reasonably necessary to protect dignity and practicable, authorised officers may ask for inspections to be conducted out of public view (sec.17(2)).
• Authorised officers who touch garments to determine if an item is concealed must, as far as reasonably practicable, ensure the officer who does the touching is of the same sex as the person (sec.7(3)).

Procedural safeguards and rights of persons

• Authorised officers must themselves be identifiable by a Clerk-issued identity card before they may act under the by-law (sec.18(1)-(2)). They must produce or display their identity card when acting, or produce it at the first reasonable opportunity if not practicable to produce immediately (sec.18(3)-(4)).
• The by-law articulates dignity and minimal embarrassment requirements for searches and allows a request for an out-of-public-view inspection where reasonably necessary and practicable (sec.17).
• The Speaker is the named authority for granting permissions that would otherwise be prohibited by the by-law, such as bringing restricted items on to the precinct or displaying political statements (secs.8, 11). Authorised officers may also grant permissions in cases where the by-law permits, subject to the constraint that officer directions not be inconsistent with Speaker directions (sec.4(1)).

Matters not prescribed within the by-law

• The by-law does not itself state specific penalties or enforcement sanctions; it refers to the Act (section 50(8)-(9)) in relation to noncompliance (sec.2). Therefore the by-law’s text confines its role to prescribing directions and obligations, and rests enforcement detail with the Act.

In short, the by-law imposes concrete duties on visitors to produce identification, submit to screening, surrender certain items to temporary custody and refrain from certain political displays; it vests operational decision-making with authorised officers and central permissions with the Speaker and the Clerk, while requiring identity credentials for authorised officers and setting limited dignity safeguards for intrusive measures.

The by-law itself is procedural and normative in its terms, and it does not specify fines, offences with numerical penalty amounts, or criminal sanctions in its text. Instead, the by-law refers to the underlying statute for the consequences of noncompliance. The relevant references in the by-law are as follows.

• The purpose provision explicitly points to section 50(8)-(9) of the Act in relation to noncompliance with directions given under section 50 of the Act, including directions given by this by-law (sec.2). The by-law therefore relies on the Act to provide the enforcement and sanction framework.
• The by-law contains prohibitions framed as duties and not merely guidance. For example it requires persons not to give false information when asked for entry pass data (sec.5(3)(a)), not to transfer entry passes to unauthorised persons (sec.5(3)(b)), not to use someone else’s entry pass or parliamentary identity card to enter (sec.6(1)), and not to bring restricted items onto the precinct without permission (sec.8). These provisions are expressed in mandatory language and so will be enforceable under the Act’s enforcement machinery when directions are not followed.
• The by-law makes certain conduct on entry an offence against the by-law’s rules by virtue of prohibition, such as the duty to comply with scanning or inspection directions under sec.7; sec.7(4) specifically prohibits behaviour intended to avoid those directions. The actual sanction for failing to comply with such directions is to be found in the Act.

Enforcement actors and mechanisms

• Authorised officers: Front-line enforcement is clearly assigned to authorised officers who have statutory authority to give directions under the by-law (sec.4). Their enforcement powers include directing entry passes be worn, conducting searches and scans, receiving temporary custody of items, directing vehicle movement and parking, and excluding or removing persons from restricted parts (secs.5, 7, 9, 12, 13). The by-law conditions the exercise of these powers on identity card possession and display (sec.18).
• The Speaker and the Clerk: Institutional enforcement and permission powers are concentrated with the Speaker and with the Clerk for certain notices. Notices restricting vehicle movement and restricted parts must be placed by, or purportedly placed by, or under the authority of the Speaker or the Clerk (secs.12(2), 13(2)). Permissions to bring restricted items or display political statements are expressly allocated to the Speaker or an authorised officer (secs.8, 11). This means that compliance can be achieved through the grant of permissions by those offices as well as through physical enforcement by authorised officers.
• Temporary custody: The by-law provides the mechanism of temporary custody for prescribed items (sec.9). Authorised officers can require items to be left in their custody while a person is on the precinct. This is an operational enforcement mechanism. The by-law does not specify the process for returning items after custody, nor does it set out appeals or review mechanisms for contested custody decisions; those details would be expected to be handled through administrative practice or under the Act.

Safeguards that constrain enforcement

• Identity requirement for authorised officers: Authorised officers may only act under the by-law if they hold an identity card issued by the Clerk (sec.18(2)). They must produce or display that card before acting or at the first reasonable opportunity (sec.18(3)-(4)). This procedural requirement limits who can lawfully give directions and enforce the by-law.
• Dignity and minimal embarrassment obligations: When conducting searches under sec.7(2), authorised officers must ensure, as far as reasonably practicable, minimal embarrassment is caused and must take reasonable care to protect dignity (sec.17(1)). They may, where necessary and practicable, ask that an inspection be conducted out of public view (sec.17(2)). Where touching garments is authorised, the by-law imposes a practical sex-matching expectation if reasonably practicable (sec.7(3)). These safeguards bear on how enforcement is exercised and may be relevant in any review of enforcement actions.
• Delegation constraint: Authorised officers must not give directions inconsistent with directions given by the Speaker under section 50 of the Act (sec.4(1)). This constraint suggests the Speaker’s directions are a hierarchical control over enforcement practices.

Gaps and allocation of enforcement detail

• The by-law does not set out the detailed procedural steps for enforcement outcomes such as detention, removal from the precinct, seizure for longer-term retention, appeals, or timelines for return of items. It does not supply monetary penalty scales. Instead, it anchors enforcement to the Act’s provisions in relation to noncompliance (sec.2) and otherwise leaves administrative arrangements to be managed by the parliamentary service and the Clerk and Speaker’s offices.

Practical enforcement implications for operators and visitors

• Visitors should treat directions from authorised officers as mandatory and expect that failure to comply will be dealt with under the Act’s enforcement provisions. Authorised officers have authority to require identification, searches, temporary custody of devices and other items, and to direct vehicle movement and access to restricted parts (secs.5, 7, 9, 12, 13).
• Media and other professional visitors who rely on recording devices should plan for the possibility that those devices will be required to be left in custody while inside the precinct (sec.9(2)(c)). The by-law does not set out a public process for contesting such a decision.
• The Clerk and the Speaker perform oversight roles by issuing identity cards, placing notices, and granting permissions, and must be aware that the by-law’s enforcement architecture depends on their administrative actions for legitimacy.

In sum, enforcement is effected by authorised officers under delegated authority, constrained by identity, dignity safeguards and hierarchy to Speaker directions, while sanctions and specific remedies for noncompliance are to be found in the Act (sec.2). The by-law establishes mandatory behaviour but relies on the Act for the specification of penalties and broader enforcement procedures.

The by-law explicitly and implicitly interfaces with other legal instruments and administrative frameworks. The text contains direct cross-references and leaves several areas for interaction with external legislation or administrative regimes. The notable interactions are set out below with the relevant provisions cited.

Direct textual cross-references

• Section 50 of the Act: The by-law is framed as a set of directions given under section 50 of the Act (sec.2). It repeatedly references the Speaker’s directions under that section and authorises authorised officers to give directions consistent with the Speaker’s directions (sec.4(1)-(2)). The by-law therefore operates as an instrument implementing powers conferred by the Act. The by-law also identifies that section 50(7) specifies a member exemption and section 50(8)-(9) deals with noncompliance (sec.2), placing enforcement consequences in the Act.
• Tobacco and Other Smoking Products Act 1998: The by-law defines nominated outdoor smoking places by reference to areas where smoking is not prohibited under the Tobacco and Other Smoking Products Act 1998 and that are established by the Speaker as permitted (sec.15(3)). This creates a direct condition that nominated smoking areas must not be inconsistent with the earlier Act.

Administrative and regulatory interactions

• Privacy and data handling regimes: The by-law requires collection of personal information for entry passes, specifically name, address and phone number, and photographic identification to verify identity (sec.5(2)(a)-(b)). While the by-law does not itself specify information-handling procedures, collection and storage of this data will interact with applicable privacy legislation, records retention obligations and any parliamentary service data policies. The by-law therefore creates a data collection vector that must be administered in compliance with broader privacy frameworks, though those frameworks are not named in the by-law.
• Property and custody law: The temporary custody power in sec.9 requires authorised officers to hold baggage, banners, clothing and personal recording devices while the person is on the precinct. Interaction with property and personal effects law will be relevant for questions about ownership, liability for loss or damage, and procedures for return. The by-law does not provide detailed custody procedures, so common law and administrative law principles will inform handling and dispute resolution.
• Occupational health and safety and anti-harassment frameworks: The prohibition on conduct that constitutes intimidation, harassment or a danger to persons (sec.16) operates alongside workplace health and safety and anti-harassment legal regimes that apply to parliamentary employees and potentially contractors. Where the by-law is enforced against employees or service providers, those actors’ rights and obligations under workplace law remain relevant.
• Freedom of expression, assembly and political communication: The by-law restricts display of political statements on banners and signs and requires covering of political statements on clothing in certain circumstances (secs.9-11). These restrictions will interact with constitutional and statutory protections for political communication, to the extent those doctrines and statutory protections apply. The by-law frames the restrictions as permissions controlled by the Speaker or authorised officers, which creates an administrative interface between expression rights and precinct security/order rules. The by-law does not itself set out a test or criteria for when permission should be granted or denied.
• Criminal law and search and seizure: The by-law authorises inspection and limited touching of garments to detect restricted items (sec.7(2)(e)). Where searches uncover items that may constitute criminal evidence or offences, interaction with criminal procedure will arise, including potential police involvement. The by-law does not provide a mechanism for transfer of evidence to law enforcement, so standard mutual-aid arrangements or statutory powers would apply.
• Vehicle and traffic laws: The by-law restricts driving and parking on the precinct and requires compliance with notices or directions placed by or under the authority of the Speaker or the Clerk (sec.12(1)-(3)). Vehicle owners and drivers must still comply with general traffic laws and local council regulations where those apply, but the by-law creates site-specific constraints.

Points of legal uncertainty or administrative dependency

• Scope of “anything else the authorised officer considers should be left in temporary custody” (sec.9(2)(d)) interacts with administrative law principles about reasonable exercise of discretionary power. Decisions to require custody of items not otherwise listed will be subject to review against reasonableness and procedural fairness standards where relevant.
• The by-law’s dependence on the Act for enforcement (sec.2) means that any challenge to enforcement outcomes will involve analysis of both the Act’s sanctioning regime and the by-law’s directives. Judicial review or statutory appeal avenues under the Act would be the procedural routes for contesting enforcement actions taken under the by-law.
• The interaction between the by-law’s political expression restrictions and constitutional or statutory protections (such as implied freedom of political communication in the Australian Constitution where applicable) is not addressed in the text; any litigation or review will need to reconcile the by-law’s restrictions with applicable free-speech doctrines.

Operational interactions and policy alignment

• The by-law anticipates internal parliamentary service policies and practices for issuing of identity cards by the Clerk (sec.18), for establishing nominated smoking places (sec.15(3)), and for placing notices restricting parts of the precinct or vehicles (secs.12-13). Those internal policies must be consistent with, and will operationally implement, the by-law.
• Interaction with media accreditation regimes is likely because the by-law empowers authorised officers to require custody of recording devices (sec.9). Media accreditation policies may need amendment to account for potential temporary custody or to negotiate limited exemptions.

In summary, the by-law is an implementing instrument that interacts directly with the parent Act (section 50 and its subsections), with the Tobacco and Other Smoking Products Act 1998, and indirectly with privacy law, criminal procedure, property law, workplace safety laws and freedom-of-expression doctrines. It establishes operational discretion for authorised officers that will be exercised within these broader legal and administrative frameworks.

The by-law contains a single explicit historical provision dealing with prior instruments: section 19 repeals the Parliamentary Service By-law 2013, SL No. 171 (sec.19). The by-law’s title indicates it is the Parliamentary Service By-law 2023, which implies it replaces the 2013 instrument as the current regulatory rule for the precinct.

Beyond the explicit repeal, the by-law itself contains no text recording any earlier amendments, transitional provisions or commencement clauses. There are no savings or transitional arrangements set out in the text for existing entry passes, authorisations, identity cards or prior administrative arrangements. The repeal clause is unqualified: it repeals the 2013 by-law in whole (sec.19).

Implications of the repeal

• Administrative turnover: Repealing the 2013 by-law and replacing it with the 2023 instrument requires the parliamentary service and authorised officers to align practices and documentation with the new by-law’s requirements, especially where the new text modifies operational powers, e.g., the explicit inclusion of personal recording devices in temporary custody (sec.9(2)(c)) or the specific identity card procedures (sec.18).
• Operational continuity: The by-law does not contain express transitional provisions dealing with items already in custody under the previous regime, existing entry passes or the status of identity cards issued under the 2013 by-law. Administrative continuity will therefore depend on implementation guidance from the Clerk and the Speaker’s offices.
• Evidence of policy change: The repeal and replacement suggests legislative or administrative intent to update procedures governing entry, security and political expression on the precinct. The 2023 by-law introduces or reiterates several focused provisions, including detailed scanning/searching powers (sec.7), an explicit definition of personal recording devices (sec.9(2)), and dignity safeguards (sec.17). Comparing the 2013 instrument would be necessary to map exact substantive changes; the text provided contains only the 2023 instrument and the repeal clause.

No further amendment record is embedded within the by-law text. The instrument does not contain a schedule of amendments, dates of effect beyond the title year, or other chronological legislative history. Any examination of legislative history, committee reports, explanatory memoranda, or second-reading speeches would need to be sourced from parliamentary records separate to the by-law text itself.

In practice, the Clerk and Speaker will need to issue implementation guidance and administrative protocols to operationalise the transition from the 2013 instrument to the 2023 by-law. Those internal documents will set out how identity cards are reissued, how entry-pass data is retained or migrated, and how custody arrangements for personal recording devices are handled pending any policy adjustments necessitated by the new text.

The by-law text supplied does not contain any case citations, judicial decisions, or references to litigation arising under the by-law or its predecessor. It names no cases and sets out no adjudicative or appeal mechanism beyond the by-law’s reference to the parent Act for noncompliance (sec.2). Therefore, within the confines of the instrument provided, there is no recorded litigation history.

What this means practically

• No recorded judicial interpretation in the instrument: Because the by-law does not incorporate or refer to any judicial decisions, courts have not been cited in the text for interpretive assistance. Any legal challenges or judicial review matters would need to be located in external case law databases or court records, not within the by-law.
• Potential for future litigation on scope and discretion: The by-law contains provisions that allocate broad discretion to authorised officers, notably the catch-all "anything else the authorised officer considers should be left in temporary custody" (sec.9(2)(d)) and the prohibition on behaviour intended to avoid a direction (sec.7(4)). Those provisions are the types that commonly generate litigation about reasonableness, procedural fairness, and the limits of delegated power. However, no such litigation is recorded in the instrument.
• Enforcement and Act provisions: Because the by-law relies on the Act (section 50) for enforcement, challenges to enforcement measures are likely to implicate the Act’s enforcement and penalty provisions. Any judicial consideration of by-law enforcement would therefore likely involve both the by-law’s directions and the Act’s sanctioning regime.

For practitioners researching case law, the absence of litigation references in the by-law requires searching external legal repositories for any decisions that consider the 2023 by-law, enforcement actions taken under it, or challenges to the predecessor instrument that might be relevant by analogy. The by-law itself gives no guidance on litigation pathways, remedies, appeal rights or timeframes for contesting enforcement acts; those procedural matters will be governed by the Act and general administrative law principles.

This section highlights specific provisions, drafting choices and operational features of the by-law that present potential compliance traps, discretionary levers, or implementation friction. Each item links to the by-law text and describes the precise mechanism that creates the issue.

1. Broad catch-all for temporary custody (sec.9(2)(d))

• What the text says: Prescribed items include “anything else the authorised officer considers should be left in temporary custody” (sec.9(2)(d)).
• Practical consequence: The phrase is open-ended and grants substantial discretion to an authorised officer to seize or require custody of items not enumerated. That discretion can affect a wide range of objects, including electronic equipment, documents, clothing or other property. The by-law does not specify criteria for such decisions, nor does it set out a procedure for challenging a custody decision in the by-law text.

2. Inclusion of personal recording devices as prescribed items (sec.9(2)(c))

• What the text says: A personal recording device is explicitly defined as a mobile phone, camera or other device ordinarily intended for personal use capable of recording audio or capturing images (sec.9(2)).
• Practical consequence: Journalists and visitors should expect that their phones and cameras may be taken into temporary custody. The by-law does not provide a carve-out for credentialled journalists, nor does it set out any processes for copying, locking or returning recorded material. Operationally this can curtail contemporaneous reporting from inside the precinct.

3. Identity card requirement to exercise enforcement powers (sec.18(2)-(4))

• What the text says: An authorised officer may act under the by-law only if they have an identity card issued by the Clerk and must produce or display it when acting (sec.18(1)-(4)).
• Practical consequence: Directions given by someone who lacks a valid identity card may not be lawful under the by-law. Persons interacting with alleged authorised officers should request production or display of the card, particularly where the direction is intrusive. However, the by-law recognizes practicability and allows production at the first reasonable opportunity (sec.18(4)), creating potential disputes about what is “practicable”.

4. Same-sex touch safeguard is qualified by “as far as reasonably practicable” (sec.7(3))

• What the text says: The authorised officer must ensure, as far as reasonably practicable, that the officer who touches the garment is of the same sex as the person.
• Practical consequence: The eligibility of same-sex touch depends on operational constraints and may not be guaranteed in all circumstances. This could raise particular concerns for transgender or non-binary persons or in situations where staffing does not permit same-sex contact. The phrase “as far as reasonably practicable” leaves assessment of practicability to the authorised officer or administering body.

5. Political statement controls have multiple operational nodes (secs.9-11)

• What the text says: Political banners, signs and statements are treated as prescribed items subject to custody (sec.9(2)(b)), clothing with political statements may be required to be covered if not practicable to leave it in custody (sec.10), and display or attachment of political statements to structures is prohibited without permission (sec.11).
• Practical consequence: The by-law sets up multiple enforcement tools against visible political advocacy. It also centralises permission (Speaker or authorised officer). The by-law does not specify criteria for permissions or an appeal process, which may create uncertainty for organisers or participants.

6. Enforcement consequences are located in the Act, not in the by-law (sec.2)

• What the text says: The by-law references section 50(8)-(9) of the Act for noncompliance consequences (sec.2).
• Practical consequence: The by-law contains numerous mandatory duties but does not specify sanctions or processes for redress or appeal. Practitioners must consult the Act to understand penalties, powers of removal, arrest or prosecution and any administrative review avenues.

7. Vehicle and restricted part notices may be “purportedly placed” by authority of Speaker/Clerk (secs.12(2), 13(1))

• What the text says: A prohibition applies to driving or parking contrary to a notice located with reasonable prominence and placed, or purportedly placed, by or under authority of the Speaker or the Clerk (sec.12(2)). Restricted parts are identified by notices placed, or purportedly placed, by or under the authority of the Speaker or Clerk (sec.13(2)).
• Practical consequence: The text recognises the possibility of notices that are “purportedly” placed by authority. This may create evidential disputes about the authority for signage, for example where signs are defaced, missing, or incorrectly posted. It also gives the enforcement regime the ability to rely on posted notices as determinative of restricted areas.

8. Minimisation of embarrassment and dignity safeguards are qualified (sec.17)

• What the text says: Authorised officers must, as far as reasonably practicable, ensure minimal embarrassment and take reasonable care to protect dignity when performing inspections (sec.17(1)). They may ask for inspections to be conducted out of public view where reasonably necessary and practicable (sec.17(2)).
• Practical consequence: The by-law prescribes dignity standards but frames them by practicability and reasonable necessity. Those qualifiers leave room for operational difference and potential disputes about whether dignity protections were properly observed.

9. No automatic exemptions for credentialled professionals in the text

• What the text says: The by-law grants permission powers to the Speaker or an authorised officer but does not proffer any automatic exemptions for categories such as accredited media, parliamentarians’ staff, or contractors (secs.8, 11).
• Practical consequence: Without explicit exemptions, authorised officers could require accreditation holders to comply with the same custody and search rules. Any special access arrangements will depend on the exercise of discretion by the Speaker or authorised officers and on internal policies.

10. Lack of specified returns or retention rules for items in temporary custody

• What the text says: The by-law requires temporary custody of prescribed items but does not detail return protocols, liability for loss or damage, or retention periods (sec.9).
• Practical consequence: Disputes about loss, damage or access to items retained by an authorised officer would be governed by administrative practices and possibly common law, not by the by-law. That creates an operational and legal risk for both visitors handing over devices and the parliamentary service holding them.

These “gotchas” are structural features of the by-law that concentrate discretion with authorised officers and the Speaker and create operational dependencies on administrative protocols for privacy, custody, dignity protections and permission criteria. Practitioners should consider these specific provisions when advising clients who will attend the precinct, or when drafting internal policies for compliance.

This section supplies a practical compliance checklist and suggested administrative steps for both visitors to the precinct and for the parliamentary service and authorised officers. Each recommendation is grounded in the by-law’s text.

For visitors, journalists and event organisers

1. Carry photographic identification and be prepared to supply name, address and phone number

• Why: Entry passes may require name, address and phone number and photographic ID to verify identity (sec.5(2)(a)-(b)).
• Action: Have a government-issued photographic ID available. If representing an organisation, carry proof of accreditation where relevant and be ready to produce it.

2. Expect to be issued and to wear an entry pass when directed, and return it on exit

• Why: An authorised officer may direct you to wear an entry pass while on the precinct and requires return or notification on exit (sec.5(1), (4)).
• Action: Comply with directions to display entry passes and return them promptly when leaving, or if unable to return, notify an authorised officer as required.

3. Plan for screening and inspection of belongings

• Why: Authorised officers may require passage through detectors, X-ray of baggage, handheld scanning and inspection of belongings and outer garments (sec.7(1)-(2)).
• Action: Remove metal objects and be ready to walk through walk-through detectors. Keep essential items accessible to facilitate inspection. Avoid wearing clothing that would impede reasonable inspection.

4. Be prepared to leave personal recording devices temporarily in custody

• Why: Personal recording devices such as mobile phones and cameras are prescribed items that may be required to be left in temporary custody (sec.9(2)(c)).
• Action: If you rely on such devices for professional purposes, plan alternatives (e.g., pre-arranged approved access, live remote reporting from outside the precinct). Store backups securely before attending the precinct where feasible.

5. Avoid carrying banners, signs or clothing displaying political statements without prior permission

• Why: Banners and signs displaying political statements are prescribed items (sec.9(2)(b)), and display or attachment of such items requires permission (sec.11).
• Action: Seek permission from the Speaker or an authorised officer prior to bringing political paraphernalia. If wearing political clothing that cannot be stored, be ready to comply with directions to cover or obscure statements while on the precinct (sec.10).

6. Comply with vehicle and restricted-area notices

• Why: Driving or parking without permission is prohibited, and compliance with notices placed by or under the authority of the Speaker or Clerk is required (sec.12(1)-(3); sec.13(1)-(2)).
• Action: Confirm vehicle access arrangements in advance, comply with posted signs, and ensure drivers know to obey authorised officers’ directions.

7. Observe smoking rules and behave to avoid disrupting proceedings

• Why: Smoking is only permitted in nominated outdoor smoking places established by the Speaker and not otherwise prohibited (sec.15). Intimidation, dangerous conduct and disruption of proceedings are prohibited (sec.16).
• Action: Refrain from smoking outside nominated areas and avoid conduct that could be characterised as intimidation, harassment, dangerous or disruptive.

8. If asked for identification by an authorised officer, ensure the officer produces their identity card or displays it

• Why: Authorised officers must have a Clerk-issued identity card and must produce or display it when acting (sec.18(1)-(4)).
• Action: When an officer gives an intrusive direction, politely request to see the identity card. Accept that production may occur at the first reasonable opportunity if immediate display is not practicable (sec.18(4)).

For authorised officers, the Clerk and the Speaker , administrative checklist

1. Identity card issuance and management

• Why: An authorised officer may act under the by-law only if issued an identity card by the Clerk (sec.18(1)-(2)).
• Action: Prepare an identity card policy covering format approval, issuance, display obligations, and timely retrieval on cessation of duties (sec.18(1), (5)). Maintain clear records of issue and return.

2. Training on dignity and search protocols

• Why: Authorised officers must ensure minimal embarrassment and protect dignity when conducting inspections and may need to ask for out-of-view inspections (sec.17). Same-sex touching is required as far as reasonably practicable (sec.7(3)).
• Action: Train officers on respectful search procedures, same-sex touch protocols, privacy considerations for searches, and how to make and record practicability assessments.

3. Custody policies for prescribed items

• Why: The by-law permits temporary custody of a broad set of items including recording devices and unenumerated items an authorised officer deems should be left in custody (sec.9).
• Action: Establish written custody procedures detailing receipt, security storage, chain of custody, claim and return processes, liability for loss or damage, and retention timelines. Consider evidence-handling protocols when items may be relevant to criminal investigations.

4. Criteria and record-keeping for permission decisions

• Why: Permissions to bring restricted items, display political materials, or drive/park on the precinct are exercisable by the Speaker or authorised officers, subject to alignment with Speaker directions (secs.8, 11, 12).
• Action: Document criteria for granting permissions, maintain application and decision records, and ensure authorised officers act consistently with Speaker-issued directions. Implement an internal review process for contested permission decisions.

5. Signage and notice management

• Why: Notices identifying restricted parts and setting parking rules must be placed by, or purportedly by, the authority of the Speaker or the Clerk (secs.12(2), 13(2)).
• Action: Maintain an inventory of authorised signage, processes for placing and removing notices, and evidentiary documentation to confirm that signs are legitimately placed.

6. Data protection and privacy compliance

• Why: Entry-pass issuance requires collection of name, address and phone number and verification of photographic identity (sec.5(2)).
• Action: Ensure data collection and retention practices comply with applicable privacy legislation and internal records policies. Clearly communicate to visitors how their data will be used, stored and when it will be deleted.

7. Media and accreditation procedures

• Why: Personal recording devices are subject to temporary custody and the by-law does not provide carve-outs for media (sec.9(2)(c)).
• Action: Consider establishing an accreditation or credential system with pre-negotiated terms for media access, or implement on-the-spot procedures that balance reporting needs with security requirements.

8. Operational clarity on “reasonably practicable” and discretionary catches

• Why: Multiple safeguards and obligations are qualified by phrases such as “as far as reasonably practicable” and “anything else the authorised officer considers” (secs.7(3), 9(2)(d), 17(1)).
• Action: Draft operational guidance explaining how “reasonably practicable” will be interpreted, including staffing thresholds, times and circumstances where same-sex searches cannot be arranged, and the factors considered when requiring temporary custody.

9. Communicate visitors’ rights and complaint pathways

• Why: The by-law relies on the Act for enforcement consequences (sec.2) and lacks explicit appeal or redress routes for contested custody or search decisions.
• Action: Publish clear information for visitors on how to complain about authorised officer conduct, how to seek return of items, and how to access any appeals or reviews under the Act.

10. Coordinate with police and external agencies

• Why: Searches may discover restricted or illegal items, and the by-law is silent on transfer to law enforcement or evidence preservation.
• Action: Formalise liaison arrangements with police for situations where criminality is suspected, and ensure procedures are consistent with evidence preservation and custody chain requirements.

Checklist summary for an individual visitor

• Bring photographic ID and contact details.
• Expect screening and possible temporary surrender of recording devices or banners.
• Do not attempt to use another person’s entry pass or identity card.
• Comply with directions from an authorised officer who displays an identity card.
• Avoid political displays unless prior permission has been obtained.
• Follow vehicle and parking notices and directions.

Compliance is achieved by treating authorised officers’ directions as lawful when those officers hold and display an identity card, by planning for the temporary custody of devices and political paraphernalia, and by communicating clearly with the Clerk’s and Speaker’s offices when permissions are required. Administrative procedures must be in place to operationalise the by-law’s open-textured provisions regarding custody and dignity safeguards to reduce dispute and legal risk.