Parliamentary Papers Act 1908 (Cth)

Parliamentary Papers Act 1908

Act No. 16 of 1908 as amended

This compilation was prepared on 18 October 2000

taking into account amendments up to Act No. 39 of 1981

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

      

Contents

An Act relating to the Publication of Parliamentary Papers

1Short title [see Note 1]

 This Act may be cited as the Parliamentary Papers Act 1908.

1AInterpretation

 In this Act:

Committee means a Committee of either House or of both Houses of the Parliament.

joint sitting means a joint sitting of the members of the Senate and of the House of Representatives convened by the Governor‑General in pursuance of section 57 of the Constitution or held pursuant to any Act.

2Publication of Parliamentary Papers

• (1)

  It shall be lawful for the Senate, the House of Representatives or a joint sitting to authorize the publication of any document laid before it.

• (1A)

  Where a document is dealt with in such a manner that, in accordance with the rules or orders of a House of the Parliament, it is to be deemed to have been presented to that House, the document shall, for the purposes of the last preceding subsection, be deemed to have been laid before that House.

• (2)

  It shall be lawful for a Committee to authorize the publication of any document laid before it or of any evidence given before it.

3Authority to Government Printer to publish

• (1)

  When either House of the Parliament or a Committee has ordered a document or evidence to be printed, that House or Committee shall be deemed, unless the contrary intention appears in the order, to have authorized the Government Printer to publish the document or evidence.

• (2)

  Each House of the Parliament shall be deemed to have authorized the Government Printer to publish the reports of the debates and proceedings in that House.

• (3)

  Where a joint sitting orders a document or evidence to be printed, the joint sitting shall be deemed, unless the contrary intention appears in the order, to have authorized the Government Printer to publish the document or evidence.

• (4)

  A joint sitting shall be deemed to have authorized the Government Printer to publish the reports of the debates and proceedings of the joint sitting.

4No action for publishing Parliamentary Papers

• (1)

  No action or proceeding, civil or criminal, shall lie against any person for publishing any document or evidence published under an authority given in pursuance of section 2 or deemed by section 3 to have been given.

• (2)

  The defendant, in any action or prosecution commenced in respect of the publication of any document or evidence published under an authority given in pursuance of section 2 or deemed by section 3 to have been given, may bring before the court in which the action or prosecution is pending or before any judge thereof, first giving twenty‑four hours’ notice of his intention so to do to the plaintiff or prosecutor, a certificate under the hand of the President or Clerk of the Senate, the Speaker or Clerk of the House of Representatives, or the Chairman of the Committee, as the case requires, or, in the case of a document or evidence published under an authority given or deemed to have been given by a joint sitting, a certificate under the hand of the person who presided at the joint sitting, the Clerk of the Senate or the Clerk of the House of Representatives, stating that the document or evidence in respect of which the action or prosecution has been commenced was published under that authority, together with an affidavit verifying the certificate, and the court or judge shall thereupon immediately stay the action or prosecution and may order the plaintiff or prosecutor to pay the defendant his costs of defence.

5Application of Act

 The protection afforded by this Act shall apply to documents published by the authority of either House of the Parliament after the second day of July One thousand nine hundred and seven and to documents and evidence published by the authority of a Committee after the twenty‑third day of September, One thousand nine hundred and forty‑three.

6Privileges of Parliament not affected

 Nothing in this Act shall derogate from any power or privilege of either House of the Parliament, or of the Members or Committees of either House, as existing at the commencement of this Act.

Notes to theParliamentary Papers Act 1908

Note 1

The Parliamentary Papers Act 1908 as shown in this compilation comprises Act No. 16, 1908 amended as indicated in the Tables below.

Table of Acts

Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions

  

Parliamentary Papers Act 1908	16, 1908	10 June 1908	10 June 1908
Parliamentary Papers Act 1935	64, 1935	9 Dec 1935	9 Dec 1935	—
Parliamentary Papers Act 1946	35, 1946	14 Aug 1946	14 Aug 1946	—
Parliamentary Papers Act 1963	29, 1963	30 May 1963	27 June 1963	—
Parliamentary Papers Act 1974	33, 1974	1 Aug 1974	1 Aug 1974	—
Parliamentary Joint Sittings Amendment Act 1981	39, 1981	1 May 1981	1 May 1981	—

Table of Amendments

Provision affected	How affected
S. 1A......................................	ad. No. 35, 1946
rs. No. 33, 1974
am. No. 39, 1981
S. 2.........................................	am. No. 35, 1946; No. 29, 1963; No. 33, 1974
S. 3.........................................	am. No. 64, 1935; No. 35, 1946; No. 33, 1974
S. 4.........................................	rs. No. 35, 1946
am. No. 33, 1974
S. 5.........................................	am. No. 35, 1946