Untitled document

Constitution (Amendment) Act 1997

Act No. 95/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Publication of Parliamentary proceedings and papers	2
4.	New section 74AA inserted	2
74AA. Transmission and broadcasting of Parliamentary

proceedings 2

5.	Supreme Court—limitation of jurisdiction	3
6.	Statute law revision	3

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NOTES 4

i

Victoria

No. 95 of 1997

Constitution (Amendment) Act 1997†

[Assented to 16 December 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the
Constitution Act 1975 with respect to the
publication, transmission and broadcasting of

Parliamentary proceedings and papers.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

Constitution (Amendment) Act 1997

Act No. 95/1997 s. 3

3. Publication of Parliamentary proceedings and papers

In the Constitution Act 1975— No. 8750.
Reprinted as

(a)	in the Heading to Division 11 of Part II after	at 19 June 1997. Further
"Publication" insert ", Transmission and	amended by
Broadcasting";	No. 43/1996.

(b) in section 73—

(i)  in sub-section (1) after "publication" insert ", in written or electronic form,";

in section 74(1) after "publication" insert ", in written or electronic form,". in sub-section (3) after "publication" insert ", in written or electronic form,";

(ii) 

(c)

4. New section 74AA inserted

After section 74 of the Constitution Act 1975 insert—

"74AA. Transmission and broadcasting of

Parliamentary proceedings

No action or proceeding, civil, criminal or mixed, lies against a person who—

(a) transmits or broadcasts by electronic means any proceedings—

(i)  of the Council or the Assembly, or both of them; or

(ii)  of a committee of the Council or the Assembly, or both of them; or

(b)

broadcasts or re-broadcasts by proceedings—

(i)  of the Council or the Assembly, or both of them; or

Constitution (Amendment) Act 1997

s. 5 Act No. 95/1997

(ii)  of a committee of the Council or the Assembly, or both of them—

with the authority of the Council, Assembly

or committee (as the case requires).".

5. Supreme Court—limitation of jurisdiction

After section 85(8) of the Constitution Act 1975 insert—

"(8A) The following sections of this Act alter or

vary this section and have effect, for the
purposes of this section, as direct

amendments of this section—

(a) sections 73 and 74 as they apply to publication within the meaning of those sections as amended by section 3 of the Constitution (Amendment) Act 1997;

(b) section 74AA.".

6. Statute law revision

In section 82(1A) and (1B) of the Constitution

Act 1975 after "Attorney-General" insert "under".

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Constitution (Amendment) Act 1997

Act No. 95/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 12 November 1997

Legislative Council: 3 December 1997

The long title for the Bill for this Act was "to amend the Constitution
Act 1975 with respect to the publication, transmission and broadcasting

of Parliamentary proceedings and for other purposes."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 4 December 1997

Legislative Council: 10 December 1997