Parliamentary Evidence Act 1881 No 17a (NSW)

No. V.

An Act to provide for the summoning attend­

ance and examination of Witnesses before either House of Parliament or any Com­ mittee thereof. [4th October, 1881.]

WH E R E A S it is expedient that the power of compel l ing the	attendance of Witnesses and of examining them on oath should be possessed b y Parliament and Parliamentary Committees B e it therefore enacted b y the Queen's Most Excel lent Majesty b y and with the advice and consent of the Legislative Council and Legislative
Assembly of N e w South Wales in Parliament assembled and b y the
authority of the same as follows : —
1. This A c t may be cited for all purposes as the " Parliamentary Evidence A c t 1 8 8 1 " In its construction and for its purposes the expression " Parliament" means the Legislative Council and Legislative Assembly of N e w South Wales " Pres ident" means the President of
the Legislative Council and " S p e a k e r " means the Speaker of the
Legislative Assembly .

2. A n y person not being a Member of the Legislative Council

or Legislative Assembly may be summoned to attend and give evidence before the Legislative Council or Legislative Assembly by notice of the order of the said Counci l or Assembly signed by the Clerk of the Parliaments or Clerk of the Assembly (as the case may be) and personally served upon the person whose attendance to give evidence is required A n d any such person may be summoned to attend and

before any superior Court of Reco rd would be permitted to make a solemn

give evidence before any Committee of either House by an order of
such Committee signed by the Chairman thereof and served as aforesaid The attendance of a Member of Parliament to give evidence before such Counci l Assembly or Committee shall be procured in conformity (so far as practicable) with the mode of procedure observed in the British House of Commons.

3. Every witness attending to give evidence before the Legisla­ tive Council or Legislative Assembly or a Committee of the W h o l e shall be sworn at the bar of the House and the customary oath shall be administered b y the Clerk of the Parliaments or Clerk o f the Assembly as the case may be (or in his absence by the officer acting for h im) Every witness attending to give evidence before any Committee of either House shall be sworn b y the chairman of such Committee Provided that in any case where a witness if examined

solemn declaration or to give evidence in any other way than upon oath a witness summoned under this A c t shall he in like manner allowed to give evidence b y declaration or otherwise as aforesaid.

4. Every witness so summoned to give evidence shall he entitled to he paid at the t ime of service of such notice as aforesaid his reasonable expenses consequent upon his attendance in obedience to such summons according to his condit ion or profession to be calculated in accordance with the scale in force for the t ime being in the payment of witnesses before the Supreme Court Provided that the expenses o f any witness summoned at the instance of a party shall be defrayed b y such party but i f the witness be summoned for any publ ic enquiry to be examined either b y the Council or Assembly or b y any Committee thereof his expenses shall be paid b y the Colonial Treasurer out o f the Consolidated Revenue Fund on the receipt b y h im of a writ ten authority in that behalf signed b y the Clerk of the Parliaments or Clerk o f the Assembly or Chairman of the Committee respectively according to the nature of the summons.

5. I f any witness so summoned shall fail to attend and give

evidence in obedience to the orders served upon h im it shall be lawful

for the President or the Speaker as the case may be upon being satisfied

of the failure of such witness so to attend and that his non-attendance is wi thout just cause or reasonable excuse to certify such facts under his hand and seal to a Judge of the Supreme Court according to the form in the First Schedule hereto or to the like effect A n d upon such certificate any such Judge shall issue his warrant for the apprehension

of the person named in such certificate for the purpose o f bringing him

before the Council Assembly or Committee to give evidence A n d such

warrant shall be in the form in the Second Schedule hereto or to the

like effect and shall be a sufficient authority for all persons acting thereunder to apprehend the person named in such warrant and to

retain h im in custody to the intent that he may from time to t ime be
produced for the purpose of g iving evidence or be remanded and finally be discharged f rom custody pursuant to any order under the hand and seal o f the President or Speaker as the case may be A n d every such order shall be a sufficient warrant for all persons acting thereunder.

6. N o action shall be maintainable against any witness w h o

has given evidence whether on oath or otherwise under the authority

of this A c t for or in respect of any defamatory words spoken b y h im

while giving such evidence but if any such witness shall wilfully make any false statement knowing the same to be false he shall whether

for a term not exceeding five years.

such statement amounts to perjury or not be liable to penal servitude

7. I f any witness so summoned or attending to give evidence shall refuse to answer any lawful question during his examination he shall be deemed guil ty o f a contempt of Parliament and may be forthwith commit ted for such offence into the custody o f the Usher of the Black R o d or Sergeant-at-Arms and if the House so order to gaol for any period not exceeding one calendar month by warrant under the hand of the President or Speaker as the case may be Such warrant shall be a sufficient authority for all gaolers and other officers to hold the body of the person therein named for the term therein stated A n d no person acting under the authority of this section shall incur any liability civil or criminal for such act.

F I R S T

FIRST SCHEDULE.

Form of Certificate.

To His Honor

In the matter of the " Parliamentary Evidence Act 1881" and A.B. of

Tins is to certify to your Honor that it hath been made to appear to me
that the said A.B. has been duly summoned to attend and give evidence before the
pursuant to the " Parliamentary Evidence Act 1881" and that the said A.B. has failed to

appear and that his non-appearance is without just cause or reasonable excuse.

Given under my hand and seal at this day of in the

year of our Lord one thousand eight hundred and

President of the Legislative Council

or

Speaker of the Legislative Assembly

(as the case may be).

SECOND SCHEDULE.

Form of Judge's Warrant.

In the Supreme Court o f )

New South Wales. )

In the matter of the " Parliamentary Evidence Act 1881" and

To the Sheriff of New South Wales his Deputy and Assistants and to all Constables

and other Her Majesty's Officers and Ministers of the Peace whom it may
concern

WIIEBEAS it hath this day been certified under the hand of*	that
of	has been duly summoned to attend and give evidence before the

pursuant to the " Parliamentary Evidence Act 1881" but hath failed to appear

This is to require you forthwith to apprehend the said and to detain

him in custody for the purpose of being brought before	to give evidence and
there to obey all further orders under the hand of the*	or for his remand
or for his final discharge from custody.

Given under my hand and seal at aforesaid this day

of in the year of our Lord one thousand eight hundred and

A Judge of the Supreme Court of New South Wales.

* President or Speaker (as the case may be).