Parliamentary Papers Act 1908
No. 16, 1908
Compilation No. 5
Compilation date: 1 May 1981
Includes amendments: Act No. 39, 1981
About this compilation
This is a compilation of the Parliamentary Papers Act 1908 that shows the text of the law as amended and in force on 1 May 1981 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
1A Interpretation
2 Publication of Parliamentary Papers
3 Authority to Government Printer to publish
4 No action for publishing Parliamentary Papers
5 Application of Act
6 Privileges of Parliament not affected
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to the Publication of Parliamentary Papers
1 Short title
This Act may be cited as the Parliamentary Papers Act 1908.
1A Interpretation
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.
2 Publication 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…
Overview
The Parliamentary Papers Act 1908 was enacted to provide a legal framework for the publication of parliamentary documents, ensuring that the publication of parliamentary papers is authorised and protected. The Act was passed by the Commonwealth Parliament to address the need for a structured and legally protected process for the dissemination of parliamentary documents. Section 2 of the Act allows the Senate, the House of Representatives, or a joint sitting to authorise the publication of any document laid before them, while Section 3 extends this authority to parliamentary committees. Additionally, Section 4 protects individuals from civil or criminal actions for publishing documents or evidence under parliamentary authorisation. The Act's protections apply to documents published after specific dates, ensuring that parliamentary processes are transparent and accessible to the public. Importantly, the Act does not affect the existing powers and privileges of either House of Parliament or their members and committees, as stated in Section 6.
Scope and Application
The Parliamentary Papers Act 1908 applies to the publication of documents by either House of the Parliament, committees of either House, or joint sittings of both Houses. This Act governs the authorisation and protection of individuals or entities involved in the publication of parliamentary papers. It encompasses documents laid before any of these entities and evidence given in parliamentary proceedings. The Act provides immunity from civil or criminal action for the publication of such documents and evidence under the authority of the Act. The jurisdictional reach of the Act is limited to the Commonwealth of Australia. The Act does not specify any exclusions, exemptions, or thresholds, and its application is not extended or restricted through subordinate instruments. The Act applies to documents published after specific dates, with protections for documents published by the authority of either House of the Parliament after 2 July 1907, and for documents and evidence published by the authority of a Committee after 23 September 1943. The privileges of Parliament remain unaffected by the provisions of this Act.
Key Provisions
- The Parliamentary Papers Act 1908 (C1908A00016) outlines the process for the publication of documents by the Australian Parliament. Section 2 provides that it is lawful for the Senate, the House of Representatives, or a joint sitting to authorize the publication of any document laid before them, as well as for a Committee to authorize the publication of documents or evidence given before it. Section 3 specifies that when either House of Parliament or a Committee orders a document or evidence to be printed, they are deemed to have authorized the Government Printer to publish it, unless otherwise stated in the order. This includes the publication of the reports of the debates and proceedings in each House and in joint sittings. Importantly, Section 4 provides that no action or proceeding, civil or criminal, can lie against any person for publishing any document or evidence under the authority granted by this Act.
- The Act imposes specific obligations on the Parliament, including the requirement that any publication of parliamentary papers must be authorized by the relevant body, as outlined in Section 2. Section 3 further mandates that if a House or Committee orders a document or evidence to be printed, they are deemed to authorize the Government Printer to publish it. This ensures that the publication process is formal and regulated. Additionally, Section 4 places a responsibility on the Government Printer to ensure that any publication is done under the correct authority.
- Breach of the provisions of the Act can lead to civil or criminal consequences, although Section 4 explicitly states that no action or proceeding can lie against any person for publishing a document or evidence under the authority given by the Act. However, this protection is contingent on the proper authorization of publications as stipulated in Sections 2 and 3. Failure to adhere to these authorization protocols might indirectly lead to legal scrutiny, though the Act itself provides a strong defence against direct liability for authorized publications. The Act also does not affect the existing powers or privileges of either House of Parliament or its Members or Committees, as stated in Section 6.
- Area of Law
- Parliamentary Oversight
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Delegation & Subordinate Legislation
- Offence Provisions
- Reporting & Disclosure Obligations
- Privileges of Parliament
