Legislative Assembly (Broadcasting) Act 2001 (ACT)

Legislative Assembly (Broadcasting) Act 2001   

A2001-69

Republication No 6

Effective:  1 July 2012

Republication date: 1 July 2012

Last amendment made by A2012‑26

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Legislative Assembly (Broadcasting) Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2012.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2012. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Legislative Assembly (Broadcasting) Act 2001

Contents

Page

1            Name of Act  2

3            Dictionary  2

4            Notes  2

5            Broadcasting of proceedings  2

6            Withdrawal of rights to broadcast  3

7           Electronic access to proceedings given by clerk  3

8            Withdrawal of electronic access by clerk  4

8A          Electronic access to proceedings given by Speaker  5

9            Privilege for broadcasts  5

10          Approved forms  6

Dictionary7

Endnotes

1            About the endnotes  8

2            Abbreviation key  8

3            Legislation history  9

4            Amendment history  10

5            Earlier republications  11

Legislative Assembly (Broadcasting) Act 2001

An Act about broadcasting of proceedings of the Legislative Assembly and its committees

1. Name of Act

   This Act is the Legislative Assembly (Broadcasting) Act 2001.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of the Act.

   NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

4. Broadcasting of proceedings

   (1)A person may broadcast, or record for broadcast, all or part of public proceedings of the Legislative Assembly or a committee of the Assembly.

   (2)The Legislative Assembly may, by resolution, determine the way rights given by subsection (1) must be exercised.

   (3)If the Legislative Assembly makes a determination under subsection (2), a person exercising rights under subsection (1) must comply with the determination.

5. Withdrawal of rights to broadcast

   (1)The Legislative Assembly may, by resolution, withdraw the right of a person to broadcast, or record for broadcast, public proceedings of the Legislative Assembly or a committee of the Assembly.

   (2)The Legislative Assembly may, by resolution, delegate to the Speaker the power to withdraw the right of a person to broadcast, or record for broadcast, public proceedings of the Legislative Assembly or a committee of the Assembly.

   (3)The Legislative Assembly may, by resolution, delegate to a committee of the Assembly the power to withdraw the right of a person to broadcast, or record for broadcast, public proceedings of the committee.

   (4)A resolution under subsection (1), (2) or (3) may state the way in which a right to broadcast or record may be withdrawn.

6. Electronic access to proceedings given by clerk

   (1)A person may apply in writing to the clerk for access to the recording and transmission facilities of the Legislative Assembly for transmission to the applicant of public proceedings of the Legislative Assembly or a committee of the Assembly.

   NoteIf a form is approved under s 10 (Approved forms) for an application, the form must be used.

   (2)The clerk must give the access requested in an application under subsection (1) if—

   (a)the clerk is satisfied that the recording and transmission facilities of the Legislative Assembly have the capacity to satisfactorily support the equipment the applicant proposes to connect to them; and

   (b)the clerk is satisfied the mode of access requested is reasonable for the purpose for which it is sought; and

   (c)the applicant’s right to broadcast the proceedings for which the application is made has not been withdrawn under this Act; and

   (d)the applicant enters into a written agreement with the Territory to—

   (i)comply with any determination in effect under section 5 (2); and

   (ii)provide, or arrange for the provision of, the telecommunication lines and other equipment necessary for the access (the access equipment); and

   (iii)pay the costs and expenses of connecting the access equipment to the recording and transmission facilities of the Legislative Assembly; and

   (iv)pay the costs and expenses of maintaining the access equipment; and

   (v)pay the costs and expenses of the Office of the Legislative Assembly in giving access to the proceedings of the Legislative Assembly and its committees by the access equipment.

7. Withdrawal of electronic access by clerk

   (1)The clerk may withdraw electronic access to proceedings given to a person under section 7 if the person—

   (a)ceases to be entitled to broadcast, or record for broadcast, proceedings of the Legislative Assembly or a committee of the Assembly under this Act; or

   (b)does not comply with the person’s agreement under section 7 (2) (d).

   (2)If a person’s electronic access to proceedings is withdrawn under subsection (1) (a), the clerk must restore the access if the person again becomes entitled to broadcast, or record for broadcast, proceedings of the Assembly or a committee of the Assembly under this Act and applies to the clerk in writing for restoration of the access.

   (3)If a person’s electronic access to proceedings is withdrawn under subsection (1) (b), the clerk must restore the access if the person remedies his or her breach of the agreement and applies to the clerk in writing for restoration of the access.

8AElectronic access to proceedings given by Speaker

(1)The Speaker may, in writing, direct that a person be given access to the recording and transmission facilities of the Legislative Assembly for transmission to the person of public proceedings of the Assembly or a committee of the Assembly.

NoteThe power to make a direction includes the power to amend or repeal it (see Legislation Act, s 46 (1)).

(2)The Speaker must give a copy of the direction to the person.

(3)The direction is a disallowable instrument.

Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Note 2An amendment or repeal of a direction is also a disallowable instrument (see Legislation Act, s 46 (2)).

1. Privilege for broadcasts

   (1)Neither civil nor criminal proceedings may be brought against a member of the Office of the Legislative Assembly for transmitting or broadcasting proceedings of the Legislative Assembly, or a committee of the Assembly, in carrying out the member’s duties.

   (2)It is a defence to an action for defamation for matter in a broadcast of proceedings of the Legislative Assembly, or a committee of the Assembly, made in the exercise of a right given by this Act that the defamatory matter was broadcast by the defendant without adoption by the defendant of the substance of the matter and the defamatory matter was part of a fair and accurate report of the proceedings.

   (3)Subsection (2) does not deprive a person of a defence that the person has apart from this section.

   (4)Subsection (2) does not apply to a person for a broadcast made by the person while the person’s right to make the broadcast was withdrawn under section 6 (Withdrawal of rights to broadcast).

2. Approved forms

   (1)The clerk may, in writing, approve forms for this Act.

   (2)If the clerk approves a form for a particular purpose, the approved form must be used for that purpose.

   NoteFor other provision about forms, see Legislation Act 2001, s 255.

   (3)An approved form is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act 2001.

Dictionary

(see s 3)

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     function

·     Legislative Assembly

·     Office of the Legislative Assembly

·     person

·     Speaker.

broadcast includes—

(a)transmission to the public by radio, television, landline, the Internet or any other electronic means; and

(b)rebroadcast.

clerk means the clerk of the Legislative Assembly.

public proceedings, of the Legislative Assembly or a committee of the Assembly, means proceedings of the Assembly or committee open to the public.

rebroadcast means to broadcast from a recording.

record, proceedings of the Legislative Assembly or a committee of the Assembly, means make a sound or visual recording of the proceedings.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Legislative Assembly (Broadcasting) Act 2001 A2001‑69

   notified 10 September 2001 (Gaz 2001 No S66)
   s 1, s 2 commenced 10 September 2001 (IA s 10B)

   remainder commenced 10 March 2002 (s 2 and LA s 79)

   as amended by

   Statute Law Amendment Act 2002 A2002‑30 pt 3.41

   notified LR 16 September 2002
   s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))

   pt 3.41 commenced 17 September 2002 (s 2 (1))

   Legislative Assembly (Broadcasting) Amendment Act 2002 A2002‑52

   notified LR 20 December 2002
   s 1, s 2 commenced 20 December 2002 (LA s 75 (1))

   remainder commenced 21 December 2002 (s 2)

   Public Sector Management Amendment Act 2005 A2005-42 sch 1 pt 1.2

   notified LR 31 August 2005
   s 1, s 2 commenced 31 August 2005 (LA s 75 (1))

   sch 1 pt 1.2 commenced 1 September 2005 (s 2)

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.59

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

   sch 3 pt 3.59 commenced 12 April 2007 (s 2 (1))

   Legislative Assembly (Office of the Legislative Assembly) Act 2012 A2012-26 sch 1 pt 1.7

   notified LR 24 May 2012
   s 1, s 2 commenced 24 May 2012 (LA s 75 (1))

   sch 1 pt 1.7 commenced 1 July 2012 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Electronic access to proceedings given by clerk

   s 7 hdgsub A2002‑52 s 4

   s 7am A2012‑26 amdt 1.33

   Withdrawal of electronic access by clerk

   s 8 hdgsub A2002‑52 s 5

   Electronic access to proceedings given by Speaker

   s 8Ains A2002‑52 s 6

   Privilege for broadcasts

   s 9am A2012‑26 amdt 1.33

   Approved forms

   s 10am A2002‑30 amdt 3.571

   Repeal of Legislative Assembly (Broadcasting of Proceedings) Act

   s 11om LA s 89 (3)

   Dictionary

   dictam A2002‑30 amdt 3.572; A2012‑26 amdt 1.34

   def Legislative Assembly secretariat sub A2005‑42 amdt 1.2; A2007‑3 amdt 3.332

   om A2012‑26 amdt 1.35

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 10 Mar 2002	10 Mar 2002– 16 Sept 2002	not amended	new Act
R2 17 Sept 2002	17 Sept 2002– 20 Dec 2002	A2002‑30	amendments by A2002‑30
R3 21 Dec 2002	21 Dec 2002– 31 Aug 2005	A2002‑52	amendments by A2002‑52
R4 1 Sept 2005	1 Sept 2005– 11 Apr 2007	A2005‑42	amendments by A2005‑42
R5 12 Apr 2007	12 Apr 2007– 30 June 2012	A2007‑3	amendments by A2007‑3

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