Parliamentary Papers Act 1908

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 manner that, in accordance with the rules or orders of a House of the Parliament, it is to be deemed to have been presented to that House, the document shall, for the purposes of the last preceding subsection, be deemed to have been laid before that House.

 (2) It shall be lawful for a Committee to authorize the publication of any document laid before it or of any evidence given before it.

3  Authority to Government Printer to publish

 (1) When either House of the Parliament or a Committee has ordered a document or evidence to be printed, that House or Committee shall be deemed, unless the contrary intention appears in the order, to have authorized the Government Printer to publish the document or evidence.

 (2) Each House of the Parliament shall be deemed to have authorized the Government Printer to publish the reports of the debates and proceedings in that House.

 (3) Where a joint sitting orders a document or evidence to be printed, the joint sitting shall be deemed, unless the contrary intention appears in the order, to have authorized the Government Printer to publish the document or evidence.

 (4) A joint sitting shall be deemed to have authorized the Government Printer to publish the reports of the debates and proceedings of the joint sitting.

4  No action for publishing Parliamentary Papers

 (1) No action or proceeding, civil or criminal, shall lie against any person for publishing any document or evidence published under an authority given in pursuance of section 2 or deemed by section 3 to have been given.

 (2) The defendant, in any action or prosecution commenced in respect of the publication of any document or evidence published under an authority given in pursuance of section 2 or deemed by section 3 to have been given, may bring before the court in which the action or prosecution is pending or before any judge thereof, first giving twenty‑four hours’ notice of his intention so to do to the plaintiff or prosecutor, a certificate under the hand of the President or Clerk of the Senate, the Speaker or Clerk of the House of Representatives, or the Chairman of the Committee, as the case requires, or, in the case of a document or evidence published under an authority given or deemed to have been given by a joint sitting, a certificate under the hand of the person who presided at the joint sitting, the Clerk of the Senate or the Clerk of the House of Representatives, stating that the document or evidence in respect of which the action or prosecution has been commenced was published under that authority, together with an affidavit verifying the certificate, and the court or judge shall thereupon immediately stay the action or prosecution and may order the plaintiff or prosecutor to pay the defendant his costs of defence.

5  Application of Act

  The protection afforded by this Act shall apply to documents published by the authority of either House of the Parliament after the second day of July One thousand nine hundred and seven and to documents and evidence published by the authority of a Committee after the twenty‑third day of September, One thousand nine hundred and forty‑three.

6  Privileges of Parliament not affected

  Nothing in this Act shall derogate from any power or privilege of either House of the Parliament, or of the Members or Committees of either House, as existing at the commencement of this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history