Legislative Assembly Precincts Act 2001 (ACT)

Legislative Assembly Precincts Act 2001   

A2001-85

Republication No 7

Effective:  14 November 2017

Republication date: 14 November 2017

Last amendment made by A2017‑41

About this republication

The republished law

This is a republication of the Legislative Assembly Precincts Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 14 November 2017.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 14 November 2017. 

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 includes 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 $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Legislative Assembly Precincts Act 2001

Contents

Page

1            Name of Act  2

3            Dictionary  2

4            Notes  2

4AOffences against Act—application of Criminal Code etc 2

5            Assembly precincts  3

6            Premises included in Assembly precincts  3

7           Control and management of Assembly precincts  3

7A          Licences  4

8            Executive area  5

9            Removal of people  5

10          Contravention of Speaker’s direction  6

11          Application of Crimes Act, s 154  6

11A           Determination of fees  7

11B           Approved forms  7

12          Regulation-making power  7

Dictionary8

Endnotes

1            About the endnotes  9

2            Abbreviation key  9

3            Legislation history  10

4            Amendment history  11

5            Earlier republications  12

Legislative Assembly Precincts Act 2001

An Act about the precincts of the Legislative Assembly

1. Name of Act

   This Act is the Legislative Assembly Precincts 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 this Act.

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

4AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

1. Assembly precincts

   (1)The Assembly precincts consist of the land described in subsection (2) and all buildings, structures and works on, above or under any of that land.

   (2)The land within the Assembly precincts is—

   (a)block 3, section 19, division of City, Canberra Central District; and

   (b)that part of Civic Square under the public entrance canopy.

   (3)In this section:

   Assembly building means the building occupying block 3, section 19, division of City, Canberra Central District.

   public entrance canopy means the fixed canopy attached to the northern side of the Assembly building near the public entrance.

2. Premises included in Assembly precincts

   (1)This section applies to property that is leased to or managed by the Territory and is not within the Assembly precincts defined by section 5.

   (2)If the Speaker gives a written certificate that stated property is required for use by the Assembly, the regulations may declare that the property is to be treated as part of the Assembly precincts for this Act.

3. Control and management of Assembly precincts

   (1)The Speaker is responsible for the control and management of the Assembly precincts and may take any action the Speaker considers necessary for those purposes.

   (2)The Assembly may, by resolution, give the Speaker directions about the exercise of the Speaker’s functions under subsection (1).

   (3)If the Legislative Assembly gives a direction under subsection (2), the Speaker must comply with the direction.

7ALicences

(1)The Speaker may, on behalf of the Territory—

(a)grant a licence to a person to use any part of the Assembly precincts; and

(b)exercise any rights of the Territory in relation to the licence.

Note 1If a form is approved under s 11B for a licence, the form must be used.

Note 2A fee may be determined under s 11A for this provision.

(2)A licence under subsection (1) must—

(a)be in writing; and

(b)identify the licensee; and

(c)state—

(i)the part of the Assembly precincts to which it applies; and

(ii)the use and period for which it applies.

(3)A licence under subsection (1) is subject to any condition stated in the licence.

(4)The Speaker may delegate the Speaker’s functions under this section to—

(a)the clerk of the Legislative Assembly; or

(b)a member of staff of the Office of the Legislative Assembly who has an employment classification of senior officer grade C or above, or an equivalent classification.

(5)In this section:

Assembly precincts includes anything within the precincts.

1. Executive area

   (1)The Speaker’s functions under section 7 must be exercised in relation to the Executive area in accordance with any limitations and conditions agreed in writing between the Speaker and the Chief Minister.

   (2)In this section:

   Executive area means the area of the Assembly precincts reserved for the use of the Executive by a written agreement between the Speaker and the Chief Minister.

2. Removal of people

   (1)The Speaker may direct a person who is not a member—

   (a)to leave the Assembly precincts; or

   (b)not to enter the Assembly precincts.

   (2)The Speaker may arrange for the removal or exclusion from the Assembly precincts of a person given a direction under subsection (1) using any necessary and reasonable force and assistance.

   (3)The Speaker, or a person acting under the Speaker’s direction, does not incur civil or criminal liability for an act or omission done honestly and without negligence under this section.

   (4)A civil liability that would, apart from this section, attach to the Speaker, or a person acting under the direction of the Speaker, attaches instead to the Territory.

   (5)The Speaker may delegate the Speaker’s functions under this section to—

   (a)the clerk of the Legislative Assembly; or

   (b)a member of staff of the Office of the Legislative Assembly who has an employment classification of senior officer grade C or above, or an equivalent classification; or

   (c)a member of staff of the Office of the Legislative Assembly who is responsible for the security of the Legislative Assembly.

   NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

3. Contravention of Speaker’s direction

   (1)A person must not engage in conduct that contravenes a direction by the Speaker under section 9 (1).

   Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

   (2)In this section:

   engage in conduct means—

   (a)do an act; or

   (b)omit to do an act.

4. Application of Crimes Act, s 154

   The Crimes Act 1900, section 154 (Additional offences on territory premises) applies to the Assembly precincts as if they were government premises within the meaning of that section.

11ADetermination of fees

(1)The Speaker may determine fees for this Act.

NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

(2)A determination is a disallowable instrument.

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

11BApproved forms

(1)The Speaker may approve forms for this Act.

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

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

(3)An approved form is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

1. Regulation-making power

   The Executive may make regulations for this Act.

   NoteRegulations must be notified, and presented to the Legislative Assembly, 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:

·     contravene

·     Executive

·     Legislative Assembly

·     Speaker.

Assembly means the Legislative Assembly.

Assembly precincts means—

(a)the precincts defined by section 5; and

(b)any property to which section 6 applies.

Speaker includes the Deputy Speaker if—

(a)the Speaker is absent from duty; or

(b)there is a vacancy in the office of the Speaker.

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 Precincts Act 2001 A2001-85

   notified LR 24 September 2001
   s 1, s 2 commenced 24 September 2001 (LA s 75)

   remainder commenced 24 March 2002 (s 2 and LA s 79)

   as amended by

   Statute Law Amendment Act 2002 A2002-30 pt 3.42

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

   pt 3.42 commenced 17 September 2002 (s 2 (1))

   Legislative Assembly Precincts Amendment Act 2002 A2002-53

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

   remainder commenced 21 December 2002 (s 2)

   Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 2 pt 2.3

   notified LR 26 October 2005
   s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
   sch 2 pt 2.3 commenced 23 November 2005 (s 2)

   Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.28

   notified LR 27 October 2005
   s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
   sch 1 pt 1.28 commenced 24 November 2005 (s 2)

   Legislative Assembly Precincts Amendment Act 2006 A2006-20

   notified LR 17 May 2006
   s 1, s 2 commenced 17 May 2006 (LA s 75 (1))

   remainder commenced 18 May 2006 (s 2)

   Legislative Assembly Legislation Amendment Act 2017 A2017-41 pt 6

   notified LR 13 November 2017
   s 1, s 2 commenced 13 November 2017 (LA s 75 (1))
   pt 6 commenced 14 November 2017 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Dictionary

   s 3sub A2002‑30 amdt 3.574

   defs reloc to dict A2002‑30 amdt 3.573

   Offences against Act—application of Criminal Code etc

   s 4Ains A2005‑54 amdt 1.206

   Assembly precincts

   s 5am A2017‑41 s 21, s 22

   Licences

   s 7Ains A2006‑20 s 4

   am A2017‑41 s 23; ss renum R7 LA

   Removal of people

   s 9am A2002‑53 s 4; A2017‑41 s 24

   Contravention of Speaker’s direction

   s 10sub A2005‑54 amdt 1.207

   Application of Crimes Act, s 154

   s 11sub A2005‑53 amdt 2.24

   Determination of fees

   s 11Ains A2006‑20 s 5

   Approved forms

   s 11Bins A2006‑20 s 5

   Dictionary

   dictins A2002‑30 amdt 3.575

   def Assembly reloc from s 3 A2002‑30 amdt 3.573

   def Assembly precincts reloc from s 3 A2002‑30 amdt 3.573

   def Speaker reloc from s 3 A2002‑30 amdt 3.573

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 24 Mar 2002	24 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– 22 Nov 2005	A2002‑53	amendments by A2002‑53
R4 23 Nov 2005	23 Nov 2005– 23 Nov 2005	A2005‑54	amendments by A2005‑53
R5 24 Nov 2005	24 Nov 2005– 17 May 2006	A2005‑54	amendments by A2005‑54
R6 18 May 2006	18 May 2006– 13 Nov 2017	A2006‑20	amendments by A2006‑20

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