Legislative Assembly (Broadcasting of Proceedings) Act 1997 (ACT)

Legislative Assembly (Broadcasting of Proceedings) Act 1997 (repealed)     No 31

Republication No 2

Republication date: 11 March 2002

Last amendment made by Act 2001 No 69

Amendments incorporated to 11 March 2002

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication

The republished law

This is a republication of the Legislative Assembly (Broadcasting of Proceedings) Act 1997 (repealed).  It includes any amendment, repeal or expiry affecting the republished law to 11 March 2002 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).

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.

When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

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 Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Amendments incorporated to
11 March 2002

Legislative Assembly (Broadcasting of Proceedings) Act 1997 (repealed)

Contents

Page

Part 1Preliminary

1. Short title  2

2. Definitions for Act  2

Part 2Broadcasting of proceedings to government offices

1. Authorisation of broadcasting to government offices  3

2. Compliance with conditions of authorisation  3

3. No action for broadcasting proceedings under pt 2  3

Part 3Broadcasting of proceedings to the public

1. Guidelines for authorisations  4

2. Authorisation of public broadcasts  4

3. Unauthorised broadcasting of proceedings  5

4. Privilege in respect of authorised broadcasts  5

Endnotes

1. About the endnotes  6

2. Abbreviation key  6

3. Legislation history  7

4. Amendment history  7

5. Earlier republications  7

Amendments incorporated to
11 March 2002

Legislative Assembly (Broadcasting of Proceedings) Act 1997 (repealed)

An Act relating to the broadcasting of proceedings of the Legislative Assembly

Part 1Preliminary

1. Short title

   This Act may be cited as the Legislative Assembly (Broadcasting of Proceedings) Act 1997.

2. Definitions for Act

   In this Act:

   NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).

   broadcast means to transmit sound or visual images by radio, television, landline or any other electronic means.

   government office means a place where officers or employees of the public service perform their duties.

   Speaker means the person elected under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 11.

Part 2Broadcasting of proceedings to government offices

1. Authorisation of broadcasting to government offices

2. The Speaker may, in writing, authorise the broadcasting of proceedings of the Legislative Assembly or a committee of the Assembly to specified government offices.

3. An authorisation is subject to any conditions specified in it.

4. The Speaker shall, within 3 sitting days of the Legislative Assembly after an authorisation is given, varied or revoked, cause a copy of the authorisation, variation or revocation to be laid before the Legislative Assembly.

5. The validity of an authorisation, or a variation or revocation of an authorisation, is not affected by a failure to comply with subsection (3).

6. Compliance with conditions of authorisation

   A person who broadcasts proceedings of the Legislative Assembly, or a committee of the Assembly, pursuant to an authorisation under section 4 shall comply with any conditions to which the authorisation is subject.

7. No action for broadcasting proceedings under pt 2

   No proceedings, civil or criminal, lie against a person for broadcasting proceedings of the Legislative Assembly or a committee of the Assembly in accordance with an authorisation under section 4.

Part 3Broadcasting of proceedings to the public

1. Guidelines for authorisations

2. The Standing Committee on Administration and Procedure of the Legislative Assembly  shall consider, and report to the Assembly on, the principles on which broadcasting to the public of proceedings of the Assembly or a committee of the Assembly should be authorised.

3. The Legislative Assembly may adopt, with or without modification, the principles contained in a report under subsection (1).

4. The Legislative Assembly may vary or revoke any principles adopted under subsection (2), adopt additional principles on which broadcasting to the public of proceedings of the Legislative Assembly or a committee of the Assembly should be authorised or vary or revoke any additional principles so adopted.

5. Authorisation of public broadcasts

6. The Speaker may, by writing, authorise a person to broadcast to the public—

   (a)proceedings of the Legislative Assembly, or a committee of the Assembly, that are in the opinion of the Speaker, having regard to any relevant principles in effect under section 7, of sufficient significance to warrant broadcasting; or

   (b)a recording of any such proceedings.

7. An authorisation is subject to any conditions specified in it.

8. The Speaker shall not grant an authorisation under subsection (1) otherwise than in accordance with any relevant principles in effect under section 7.

9. The Speaker shall, within 3 sitting days of the Legislative Assembly after an authorisation is given, varied or revoked, cause a copy of the authorisation, variation or revocation to be laid before the Legislative Assembly.

10. The validity of an authorisation, or a variation or revocation of an authorisation, is not affected by a failure to comply with subsection (3) or (4).

11. Unauthorised broadcasting of proceedings

12. A person shall not broadcast to the public—

    (a)proceedings of the Legislative Assembly or a committee of the Assembly; or

    (b)a recording of any such proceedings;

    unless he or she has been authorised to do so under section 8.

13. A person who has been granted an authorisation under section 8 shall, in making a broadcast under the authorisation, comply with any conditions to which the authorisation is subject.

14. Privilege in respect of authorised broadcasts

15. It is a defence to an action for defamation in respect of matter contained in a broadcast of proceedings of the Legislative Assembly, or a committee of the Assembly, made in accordance with an authorisation under section 8 that the defamatory matter was broadcast by the defendant without any adoption by the defendant of the substance of the matter and the defamatory matter was contained in a fair and accurate report of the proceedings.

16. This section does not deprive a person of any defence that would have been available to him or her if this section had not been enacted.

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 listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.

   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.

   If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	p = page
cl = clause	par = paragraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	prov = provision
div = division	pt = part
exp = expires/expired	r = rule/subrule
Gaz = Gazette	reg = regulation/subregulation
hdg = heading	renum = renumbered
ins = inserted/added	reloc = relocated
LA = Legislation Act 2001	R[X] = Republication No
LR = legislation register	s = section/subsection
LRA = Legislation (Republication) Act 1996	sch = schedule
mod = modified / modification	sdiv = subdivision
num = numbered	sub = substituted
No = number	SL  = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed

1. Legislation history

   Legislative Assembly (Broadcasting of Proceedings) Act 1997 No 31

   notified 16 July 1997 (Gaz 1997 No S185)
   ss 1-6 commenced 16 July 1997 (s 2 (1))
   remainder commenced 20 August 1997 (s 2 (2) and Gaz 1997 No S252)

   as amended by

   Legislation (Consequential Amendments) Act 2001 No 44 pt 221

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)
   pt 221 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)

   as repealed by

   Legislative Assembly (Broadcasting) Act 2001 No 69 s 11

   notified 10 September 2001 (Gaz 2001 No S66)
   s 1, s 2 commenced 10 September 2001 (IA s 10B)
   s 11 commenced 10 March 2002 (LA s 79)

2. Amendment history

   Commencement

   s 2om 2001 No 44 amdt 1.2628

3. 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.  Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 2001 No 44	18 February 2002

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002