Parliamentary Joint Sittings Amendment Act 1981

Overview

The Parliamentary Joint Sittings Amendment Act 1981 was enacted to address gaps in existing legislation regarding joint sittings of the Australian Parliament. The Act was introduced to amend the Evidence Act 1905, the Parliamentary Proceedings Broadcasting Act 1946, and the Parliamentary Papers Act 1908, by expanding the definition of a "joint sitting of the Parliament" to include those held pursuant to any Act. The aim of these amendments is to ensure that the definition of joint sittings is comprehensive and aligns with the practice of holding joint sittings under various legislative frameworks. The Act was assented to on 1 May 1981, reflecting the commitment of the Queen and the Parliament of Australia to ensure the seamless functioning of parliamentary procedures.

Scope and Application

The Parliamentary Joint Sittings Amendment Act 1981 applies to joint sittings of the Parliament of Australia, broadening the definition to include joint sittings held pursuant to any Act. This Act is of Commonwealth jurisdiction and therefore applies across the entire nation. The primary application of the Act is to amend the definitions of "joint sitting of the Parliament" in the Evidence Act 1905, the Parliamentary Proceedings Broadcasting Act 1946, and the Parliamentary Papers Act 1908. These amendments ensure that the terms used in these acts encompass any joint sittings held under any legislative authority, not just those held under the specific acts mentioned. The Act does not introduce any exclusions, exemptions, or thresholds but rather extends the scope of existing definitions. Additionally, while the Act itself does not provide for subordinate instruments, it is possible that further regulations or guidelines could be introduced through other legislative means to implement or expand upon its provisions.

Key Provisions

The Parliamentary Joint Sittings Amendment Act 1981 (Act) makes amendments to existing legislation to clarify the definition of a "joint sitting of the Parliament." This is achieved through amendments to the Evidence Act 1905 (s. 3), the Parliamentary Proceedings Broadcasting Act 1946 (s. 4), and the Parliamentary Papers Act 1908 (s. 1A). The Act specifies that the term "joint sitting of the Parliament" now includes sittings held under any Act (s. 2, 3, 5). This expansion of the definition ensures that any proceedings convened by the Parliament under any other Act are recognised as joint sittings, thereby bringing them under the same rules and regulations as traditionally recognised joint sittings. The obligations imposed by the Act on the relevant parties are primarily concerned with the recognition and treatment of joint sittings. These obligations require that any sittings convened under any Act be treated as joint sittings of the Parliament for the purposes of evidence, broadcasting, and documentation. The Act ensures that the rules governing the traditional joint sittings of the Parliament also apply to any proceedings held under another Act, maintaining consistency in the legislative process. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, it is reasonable to infer that any failure to comply with the amended definitions and obligations could lead to legal challenges or disputes regarding the validity of proceedings, evidence admissibility, or procedural compliance in the context of joint sittings. The implications of such non-compliance would likely be determined on a case-by-case basis by the relevant courts or tribunals.