9Officers of the Parliament

##### 9 Officers of the Parliament (1) Notwithstanding anything contained in this Act: (a) the appointment of a person to the office of Clerk of the Senate shall be made by the Governor‑General on the recommendation of the President of the Senate; (b) the appointment of a person to the office of Clerk of the House of Representatives shall be made by the Governor‑General on the recommendation of the Speaker; and (c) the appointment of a person to the office of Parliamentary Librarian, Principal Parliamentary Reporter or Secretary to the Joint House Department shall be made by the Governor‑General on the joint recommendation of the President and of the Speaker. (2) Notwithstanding anything contained in this Act: (a) the President of the Senate may appoint persons, or promote officers, to offices in the Department of the Senate (other than the office of Clerk of the Senate); (b) the Speaker may appoint persons, or promote officers, to offices in the Department of the House of Representatives (other than the office of Clerk of the House of Representatives); and (c) the President and the Speaker may appoint persons, or promote officers, to offices in the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department (other than the offices of Parliamentary Librarian, Principal Parliamentary Reporter and Secretary to the Joint House Department). (2AA) Subject to this section and section 9AB, unless inconsistent with the context, any action or approval required or authorized by this Act, the regulations or any determinations in force under section 82D to be taken or given by the Commissioner shall or may, so far as officers and offices of the Parliament are concerned, be taken or given by the President or the Speaker, or the President and the Speaker, as the case may be, in substitution for the Commissioner and any action (other than an action referred to in subsection (2)) required or authorized by this Act, the regulations or any determination in force under section 82D to be taken by a Secretary shall or may be taken: (a) in relation to officers of, and offices in, the Department of the Senate—by the Clerk of the Senate; (b) in relation to officers of, and offices in, the Department of the House of Representatives—by the Clerk of the House of Representatives; (c) in relation to officers of, and offices in, the Department of the Parliamentary Library—by the Parliamentary Librarian; (d) in relation to officers of, and offices in, the Department of the Parliamentary Reporting Staff—by the Principal Parliamentary Reporter; and (e) in relation to officers of, and offices in, the Joint House Department—by the Secretary to the Joint House Department. (2A) Subject to this section, unless inconsistent with the context: (a) any action or approval required or authorized by this Act, the regulations or any determinations in force under section 82D to be taken or given by the Commissioner shall or may, so far as employees in the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department are concerned, be taken or given by the President or the Speaker or the President and the Speaker (as the case may be) in substitution for the Commissioner; and (b) any action required or authorized by this Act, the regulations or any determinations in force under section 82D to be taken by a Secretary shall or may be taken by the Clerk of the Senate so far as relates to employees in the Department of the Senate, by the Clerk of the House of Representatives so far as relates to employees in the Department of the House of Representatives, by the Parliamentary Librarian so far as relates to employees in the Department of the Parliamentary Library, by the Principal Parliamentary Reporter so far as relates to employees in the Department of the Parliamentary Reporting Staff and by the Secretary to the Joint House Department so far as relates to employees in the Joint House Department. (3) Any reference in this Act, the regulations or any determinations in force under section 82D to the Minister shall so far as the Departments of the Senate, the House of Representatives, the Parliamentary Library, the Parliamentary Reporting Staff, and the Joint House Department are concerned, be read as a reference to the President or the Speaker or the President and the Speaker (as the case may be). (4) The officers of the Senate, the officers of the House of Representatives, the officers of the Parliamentary Library, the officers of the Parliamentary Reporting Staff, and the officers of the Joint House Department shall be deemed to constitute separate Departments under this Act. (6) The Governor‑General may, on the recommendation of the President or the Speaker or the President and the Speaker (as the case may be), make, in relation to officers and employees of the Parliament, regulations about the same matters for which regulations may be made under subsection 97(1). (7) Any regulation made by the Governor‑General under subsection 97(1) applies to officers and employees of the Parliament unless and until: (a) a regulation is made under subsection (6) inconsistent with, or prescribing matters dealt with in, that first‑mentioned regulation; or (b) the Governor‑General, upon the recommendation of the President or the Speaker or the President and the Speaker (as the case may be), by order, declares that such regulation shall not apply to officers and employees of the Parliament. (7A) Subject to subsection (7B), the President or the Speaker or the President and the Speaker, as the case may be, may, by instrument in writing, determine the terms and conditions of employment (including employment overseas) of officers and employees of the Parliament, being terms and conditions for and in relation to which determinations may be made under section 82D. (7B) Where a determination under subsection (7A) is inconsistent with: (a) a provision of this Act; (b) a provision of the regulations made for the purposes of subsection (6); (c) a provision of the regulations, made by the Governor‑General under subsection 97(1), that apply to officers and employees of the Parliament by virtue of subsection (7); or (d) a provision of another Act; (whether enacted or made before or after the commencement of this subsection), that provision shall prevail and the determination shall, to the extent of the inconsistency, be of no force or effect. (7C) The provisions of Division 10A of Part III (other than subsections 82D(1) and (2)) apply in relation to determinations made under subsection (7A) of this section in like manner as those provisions apply in relation to determinations made under section 82D and, for the purposes of those provisions as so applying, any reference in those provisions to the Commissioner shall be read as reference to the President or the Speaker or the President and the Speaker, as the case may be. (7D) A determination in force under section 82D has effect in relation to officers and employees of the Parliament subject to subsections (7E) and (7F). (7E) Where a determination in force under section 82D is inconsistent with: (a) a provision of the regulations made for the purposes of subsection (6) of this section; or (b) a provision of a determination in force under subsection (7A) of this section; (whether made before or after the day on which the first‑mentioned determination takes effect), the first‑mentioned determination is, to the extent of the inconsistency, of no force or effect in relation to officers and employees of the Parliament. (7F) The President or the Speaker or the President and the Speaker, as the case may be, may, by instrument in writing, declare that a determination, or a provision of a determination, in force under section 82D and specified in the instrument does not apply to officers and employees of the Parliament. (7G) The Governor‑General may, on the recommendation of the President or the Speaker or the President and the Speaker, as the case may be, make regulations providing for and in relation to appeals with respect to any matter arising under a determination under subsection (7A). (7H) The President or the Speaker, or the President and the Speaker, as the case may be, may, by signed writing, delegate to an officer or employee of the Parliament all or any of his, her or their powers, as the case may be, under this Act (other than the powers to make recommendations to the Governor‑General under subsections (1), (6) and (7G)). (8) In this section: (a) a reference to officers of the Parliament shall be read as a reference to officers of the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department; (aa) a reference to offices of the Parliament shall be read as a reference to offices in the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department; and (b) a reference to employees of the Parliament shall be read as a reference to employees performing duties in a Department specified in paragraph (a).