Parliamentary Privilege Act 1858 (SA)

ANNO	VICESI%fO SECUNDO
A. D. 1858.

No. 9.

A n Act to con er certain Powers atid Privileges on the Houses of the

s l i a m e n t of South Australia.

[Assented to, 24th December, IR5H.] t, 4-2- id

it enactcd by the Governor-in-Chief of the Province of South B E \ u S t, s a, ivitir the advice and consent of the i.egisiative a u a c i l .Q +J= ,.W- - J &-A .

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and House of Asrcrnbly of' the said Province in this present Parlia- pn_..rf$-I---l~ -

ment assembled, as follows :- G ~ - + 4

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1. Each House of the Parlinmcnt of the said Province, and any P&&M~~" ,

c o r n m s e of either House, duly authorized by the House to send att"dance peraom*

for persons and papers, may order any person_ to attend before the IIouse or before such Committee, as the case may be, and also to produce to such House or Committee any paper, book, record, or other document in the possession or power of such person.

2. Any such order to attend, or to produce documents, before Order to attend tobe

either H o u z a 1 1 be notified to the person required to attend, or to

by summonil.

produce documents, by a ,sum- under the hand of the President or Speaker, as the c&e may be; and any such order to attend, or to produce documents, before any such Committee, shall be notified to the person required to attend, or to produce docu- ments, by a-under the hand of the Clerk of the House, authorized by the Chairman of the Committee; and in any such summons shall be stated the time and place when and where the person summoned is to attend, and the particular documents which such person is required to produce; and such summons shall be served on the person mentioned therein, either personally, or by leaving the same with some pmson for him, at his usual or last known

o place

place of abode in the said Province; and there shall be paid or tendered to the person so summoned, if he shall not reside within five miles of the Parliament House, a reasonable sum for his ex- penses of attendance,

Attendance of Mem-

bers. 3, A Member of either House -may be ordered by the House of which he is a Member, to attend before s i the~House, or before any

Committee, of either - ~ o u s e ' without summons.

Objection to answer	4, If any person ordered to attend, or pr&ce	any paper, book,
questions, or produce

documents, to be rr record, or other document to e=o&, or to any Committee of

p o d d to House, either House, shall object to answer any questionxiX rn-i@t to

him, to produce an? sUc3 i j%asook, record, or other document, on the ground that the same is of a private nature, and does not aflect the iubject of inquiry, the ~residknt, or Speaker, or the Cliairman

of t,he Committee, as the caGL~may be, shall report such r e x ~ a l, W -

..&he reason thereof to the House, who shall thereupon e m e the answering of such question, or the production of such paper, book, record, or other document, or order the answering or production thereof, as the circumstances of the case may require.

see empowcrcd to 5. Each House of the said Parliament is hereby empowered to

punish summarily for

as for contempt, by imprisonment

ccr in such place as it may direct, or

in Her Majesty's G a at Adelaide, during the then cxisti% - w o n,

or -- a n y ~ e q thereof, any of the offences=r~niift& cnuinemt6d,

whether c o r n m i t ~ y	a Member of the House or by any other
person-

L s / T 9.J.

-; The disobedience of any ordcr of either Housc, or of any Corn-

c,& mittee duly authorized in that behalf, duly notificd in rnanncr

,,(-*/& &- aforesaid, to attcnd, or to produce papers, books, records, or

3 ~ a c L L,& -/H&, /L,?P&~

, other documents before House or such Committee, unless

excused by the House in manner aforesaid. _C

Refusing to be examined before, or to answer any lawful and

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relevant question, put by &g House or any such Committee,

unless excused by the House in manner aforesaid.

The assaulting, menacing, obstructing, or insulting of any Member in his coming to or gaing from the IIouse, or on account of his behaviour in Parliament, or endeavoring to compel any Member by force, ilwult, or Incnace to declare himself in favor of or against ally proposition or matter depending ox expected to be brought before either House:

The sending to a Member any irlstdting or threatening letter on

account of his behaviour in Parliament:

The sending a challenge to fight to a Member:

The offering of a bribe to, or attempting to bribe, a Member:

The creating of, or joining in, any disturbance in the House, or

in the vicinity of the House, while the same is sitting, whereby

the proceedings of such House may be interrupted.

The

The publishing of any false, scandalous, or derogatory libel of

any Member, touching his conduct as a Member.

6. Each House of the said Parliament may punish in a summary ~;;''~;~~~:h,$$her

way, as aforesaid, a Member of such House guilty of disobedience su ln l l io~ ld oL o ~ A w d

of any order of the House to attend 2 to p5oduce papers, books, toBL";"'~

records, or other documents b e e t h e r	L2L-----.	House, or any Committee
thereof.

7. For the purpose of punishing any of the contempts aforesaid,

the President or Speaker, as the case may be, is hereby owered, + em

upon the resolution in that behalf of the House, to issue 1s warrunt; &C. c/- d,

~ n ~ r ~ 1 ' s - h ~ d ~ o ~ ~ ~ ~ ~ ~ p ' e h e n s i o n and imprisonment of any person

the$mse guiQf any such contempt. ,L/-

H. Any person creating, or joining in, any disturbancc in t.he 1'c~s~)~fi~ist~ubing ]rr uuecdings nf House

House, during its actual sitting, may be apprehended without Le alIestcd with-

warrant on the verbal order of the President or Speaker, na thc O u t w31ranL-

case may be; and mav be kept in the custody of the Officer

of the House until a warknt can be made out for tlie imprisonment

of such person in manner aforesaid.

9. Every such warrant shall contain a&~tement that the person ~ o n u of warrant.

therein mentioned has been adjudged guilty of contempt by the	/ 7
Qouse. the Presidcnt or Spea]ier whereof shall have issued the same; specifying the mture of such contempt in the words of this i4ct

+efininp the same, or in equivalent words; and? \1~,2rra1=1

which it -cilllbC r Z s & a i e K e T % a t the person mentioned

therein has been adjudged gnilty of any of the contern~ts

aforesaid,

shall be sufficient; and no particular form shall =ieceKar-

observed in such warrant.

10. The Sheriff and his officers, and all constables and other per- Sllelitf*, con;t~blcs, and othcrs, to assist in

sons, are liercby r$ffirRl to assist in tlie apprehension and detention ,,,,,,,,,, ,f , ,:,,, . , ,

of any person in pnrsuance of tlic vcrbal oordcr of the I'rcsidcnt or or~crbalordcr.

Spealter, as the case may be, by virtue of section 8 of this Act, and

also to be aiding a d assisting in thc execution of ally such warr;mt

as aforesaid; and whcre any such warrant directs that the pason caolcr to im~nizon.

mentioned thcrcin shall be imprisonet1 in the said Gaol, the keeper

thereof is hereby required to reeeiw such person into his cwtody in

the said Gaol, and there to iniprison him acmrding to the tenor ancl

exigency of the warrant.

11. I t shall be lawful for any person ~ h a r ~ c c l with or assisting in I)oors n j l j lac I J I ~ I < ~ ~ open In ~sc.t,t~ting

daytime all doors of places where the person for whose apprehension such warrant was issued is concealed.	+
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the cxccution of any warrant under the hand of tlw President or. ,

12. I t shall in all cases he a valid and conclusioe return to any JJT:mmt fir wlbnl order plea in bar to ,

writ of habeas c o y u s to bring up the body of any person, that such \A L-Lr,

person	\
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person is detained by virtue of any such warrant as aforesaid; and

in any action brought on account of any arrest, trespass, or imprison-

ment, it shall be a good lea in bar to such action that such arrest, trespass or imprisonmen by virtue of any such warrant or verbal order as aforesaid.

13. The contempts mentioned in section 5 of this Act are hereby declared to be6nisdcmeanors; and it shall be lawful for either

proceeding mm-	House, instead of exercising its summar powers under this Act, to
marily.
Punishment on con-	direct m a j e s t y ' s Attorney- eneral to prosecute, before the +
-me Court, any person committing any such contempt; and
viction.
every person convicted before the said Court of any such rnisde- meanor shall be liable to imprisonment for any period not exceeding two years, or to a fine not exceeding m p & e d ~ P o u n d & 4 L 4 0 - both such p u n i s h m a.

14. I t shall be lawful for either House to direct Her Majesty's ttorney-General tn pmeai te, before the Supreme Court, any person uilty of any other contempt against the House which is punishable

Wilfully falsennswer,

how punished. 15. If any person examined before either House, or before any Committee of either House, shall give a ~yilfully false answer to any )awful and relevant question which shall be put to him during the course of any examination, he shall be guilty of a misdcmean2x, and

be liable, on being convicted thereof, to be -punished in the

, same manner as though he had been convicted of -6viLful and corrupt --

16. This Act may be cited as "The Parliamentary Privilege

A -4 '2

Commencement of

Act. 17. This Act shall take effect from the passing thereof.

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Adelaide : Printed by authority, by W. C. Cox, Government Printer, Victoria-square.