Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill
Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill
Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill
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Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill
Government Bill
32—1
Explanatory note
General policy statement
The Bill provides, until 31 December 2010, an interim meaning of the term “funding entitlements for parliamentary purposes” for the Parliamentary Service Act 2000.
Following the Controller and Auditor-General’s 2006 report on his inquiry into advertising expenditure incurred by the Parliamentary Service in the 3 months before the 2005 general election, legislation was needed to give clarity to the term. The Bill provides an interim meaning of the term that is substantively the same as the interim meaning provided in the Appropriation (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2007, which expires on 1 July 2009. A new interim meaning is needed to allow time for a permanent meaning of the term to be considered in the context of the Government's review of electoral finance and for any resulting legislation to be enacted.
The interim meaning of the term funding entitlements for parliamentary purposes includes funding for—
the performance by a member of Parliament of his or her role and functions as a member of Parliament:
the performance by a parliamentary party of its role and functions as a parliamentary party:
the provision of travel, accommodation, and attendance services to members of Parliament and their families in accordance with a determination under the Civil List Act 1979 or a direction under the Parliamentary Service Act 2000:
the provision of communications services (other than services including electioneering) to members of Parliament and their families in accordance with a determination under the Civil List Act 1979 or a direction under the Parliamentary Service Act 2000. Electioneering is defined to mean any communication that explicitly seeks votes for particular persons or political parties, encourages people to join particular political parties, or solicits subscriptions or other financial support:
the provision of services and resources to support certain electoral candidates in accordance with directions made by the Speaker under the Parliamentary Service Act 2000:
the provision of existing benefits or privileges to former members of Parliament and members of their families.
Clause by clause analysis
Clause 1 states the Title the Bill will have when enacted.
Clause 2 provides that the Bill comes into force on 2 July 2009.
Clause 3 provides that the terms Estimates, other expenses, and Supplementary Estimates have the same meaning as in the Public Finance Act 1989.
Clause 4 enacts a new standard meaning of the term “funding entitlements for parliamentary purposes” in the Parliamentary Service Act 2000. It is to the same effect as the extended meaning given by section 3 of the Appropriation (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2007 (which will expire on the close of 1 July 2009) and, before that, by section 7 of the Appropriation (Parliamentary Expenditure Validation) Act 2006. The principal differences between the new meaning in this Bill and the meaning that is due to expire on 1 July 2009 are as follows:
the new meaning in this Bill is not limited to the scope of specified other expenses appropriations stated in the Estimates for a particular year. That is because the new meaning is not limited to a particular financial year, and needs to take account of the 18-month period during which this Bill is to remain in force:
the new meaning in this Bill excludes funding for the purpose of providing travel, accommodation, and communications services for members of Parliament that relates to participation by members of Parliament in the inter-parliamentary travel programme (which is not funded from Vote: Parliamentary Service but from Vote: Office of the Clerk):
the new meaning in this Bill includes the provision of services and resources to support certain electoral candidates in accordance with directions given by the Speaker of the House of Representatives under the Parliamentary Service Act 2000.
Clause 5 provides that the Act will expire with the close of 31 December 2010. The new extended meaning therefore expires then too.
Hon Gerry Brownlee
Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill
Government Bill
32—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2009.
2 Commencement
This Act comes into force on 2 July 2009.
3 Interpretation
In this Act, unless the context otherwise requires, the terms Estimates, other expenses, and Supplementary Estimates have the same meaning as in the Public Finance Act 1989.
4 Interim meaning of “funding entitlements for parliamentary purposes”
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(1) In the Parliamentary Service Act 2000, funding entitlements for parliamentary purposes includes funding for all or any of the following purposes:
(a) the performance by a member of Parliament of his or her role and functions as a member of Parliament:
(b) the performance by a recognised party (within the meaning of that Act) of its role and functions as a recognised party:
(c) the provision of travel, accommodation, and attendance services in accordance with any determination made by the Speaker of the House of Representatives under section 20A of the Civil List Act 1979, or any direction given by the Speaker of the House of Representatives under the Parliamentary Service Act 2000:
(d) the provision of communications services (other than services including electioneering) in accordance with any determination made by the Speaker of the House of Representatives under section 20A of the Civil List Act 1979, or any direction given by the Speaker of the House of Representatives under the Parliamentary Service Act 2000:
(e) the provision of services and resources to support electoral candidates to whom section 9C of the Parliamentary Service Act 2000 applies in accordance with directions given by the Speaker under section 9B of that Act:
(f) the provision of benefits or privileges of a specified kind for former members of Parliament and members of their families in accordance with an appropriation by Parliament of money for that purpose.
(2) However, despite subsection (1)(c) and (d), funding entitlements for parliamentary purposes does not include funding for the provision of travel, accommodation, and communications services in accordance with any determination made by the Speaker of the House of Representatives under section 20A of the Civil List Act 1979 in respect of members of Parliament participating in the official inter-parliamentary travel programme.
(3) In subsection (1)(d), electioneering means any communication that explicitly—
(a) seeks support for the election of a particular person or people; or
(b) seeks support for the casting of a party vote for a particular political party or political parties; or
(c) encourages any person to become a member of a particular political party or political parties; or
(d) solicits subscriptions or other financial support.
(4) The following must, as far as possible, be interpreted consistently with subsections (1) to (3):
(a) all determinations made under section 20A of the Civil List Act 1979:
(b) all directions given by the Speaker of the House of Representatives under the Parliamentary Service Act 2000:
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(c) the scope of each category of non-departmental other expenses in Vote: Parliamentary Service as stated in the Estimates or the Supplementary Estimates to the extent that the category of non-departmental other expenses relates to—
(i) members' communications; or
(ii) member support; or
(iii) party and member support funding of any party; or
(iv) travel of members and others:
(d) the scope of each category of non-departmental other expenses in Vote: Parliamentary Service as stated in the Estimates or the Supplementary Estimates to the extent that the category of non-departmental other expenses replaces 1 or more of the categories listed in paragraph (c).
5 Expiry
This Act expires with the close of 31 December 2010.
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Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill
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