Parliamentary Papers (Supplementary Provisions) Act 1975 (NSW)

Editorial note

The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.

This version has been updated.

An Act to authorise the publication of Parliamentary papers; to provide a defence to certain proceedings against an authorised publisher; and for purposes connected therewith.

1Name of Act

This Act may be cited as the Parliamentary Papers (Supplementary Provisions) Act 1975.

2Commencement

This Act shall be deemed to have commenced on 1 July 1974.

3Definitions(1)

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

Committee means a committee of both Houses or either House.

House means House of Parliament.

joint sitting means—

• (a)

  a joint sitting of the Members of the Legislative Council and the Members of the Legislative Assembly convened under section 5B (1) or 22D (1) of the Constitution Act 1902, or

• (b)

  the Houses sitting and voting together under section 15 of the Commonwealth of Australia Constitution Act.

(2)

Notes included in this Act do not form part of this Act.

s 3: Am 1978 No 82, sec 2; 2005 No 77, Sch 6.14 [1].

4Publication of Parliamentary papers(1)

Either House or a joint sitting may authorise the publication of a document laid before it.

(2)

A Committee may authorise the publication of a document received by it or evidence given before it.

5Authority to publish(1)

When either House, a joint sitting or a Committee orders a document or evidence to be published, a relevant person may publish the document or evidence unless the contrary intention appears in the order.

(2)

A relevant person is authorised to publish the reports of the debates and proceedings in each House and of a joint sitting.

(3)

In this section—

publish includes print.

relevant person means the following—

• (a)

  the Clerk of the Parliaments and Clerk of the Legislative Council,

• (b)

  the Deputy Clerk of the Legislative Council,

• (c)

  the Clerk of the Legislative Assembly,

• (d)

  the Deputy Clerk of the Legislative Assembly.

s 5: Am 2024 No 82, Sch 3.7[1]–[4].

6Defence to proceedings brought in respect of publication of Parliamentary papers

Subject to section 7, it is a defence to any action or proceeding, civil or criminal, brought in respect of the publication of any document or any copy thereof or any evidence if it is proved that the publication of the document, the document from which the copy was made or the evidence, as the case may be, was authorised under section 4 or by section 5.

7Proceedings for defamation

This Act does not operate so as to provide or affect a defence to an action or proceeding for defamation.

Note—

Section 27 (2) (a) of the Defamation Act 2005 provides that the publication of defamatory matter in the course of proceedings of a parliamentary body attracts the defence of absolute privilege in defamation proceedings, including (but not limited to)—

• (a)

  the publication of a document by order, or under the authority, of the body, and

• (b)

  the publication of the debates and proceedings of the body by or under the authority of the body or any law, and

• (c)

  the publication of matter while giving evidence before the body, and

• (d)

  the publication of matter while presenting or submitting a document to the body.

Section 4 of that Act defines a parliamentary body to include a parliament or legislature, a house of a parliament or legislature and committees of any such parliament, legislature or house.

s 7, note: Ins 2005 No 77, Sch 6.14 [2].

8Parliamentary privileges not affected

Nothing in this Act derogates from a power or privilege of either House, the Members of either House, or a Committee.

9NSW Parliament website(1)

An Act that authorises the Clerk of a House of Parliament to print a document authorises the Clerk to publish the document on the NSW Parliament website.

(2)

A document published by the Clerk of a House of Parliament on the NSW Parliament website is taken to be printed by, or by the authority of, the Clerk.

(3)

This section extends to anything done before the commencement of this section.

(4)

In this section—

NSW Parliament website means the website with the URL of or another website used by the Parliament of New South Wales.

s 9: Ins 2024 No 82, Sch 3.7[5].

Historical notesTable of amending instruments

Parliamentary Papers (Supplementary Provisions) Act 1975 No 49. Assented to 7.10.1975. Date of commencement, 1.7.1974, sec 2. This Act has been amended as follows—

1978	No 82	Parliamentary Papers (Supplementary Provisions) Amendment Act 1978. Assented to 11.9.1978.
2005	No 77	Defamation Act 2005. Assented to 26.10.2005. Date of commencement, 1.1.2006, sec 2.
2024	No 82	Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 3, assent, sec 2(b).

Table of amendments

Sec 3	Am 1978 No 82, sec 2; 2005 No 77, Sch 6.14 [1].
Sec 5	Am 2024 No 82, Sch 3.7[1]–[4].
Sec 7, note	Ins 2005 No 77, Sch 6.14 [2].
Sec 9	Ins 2024 No 82, Sch 3.7[5].