Parliamentary Papers Act 1946

Overview

The Parliamentary Papers Act 1946 amends the existing Parliamentary Papers Act 1908-1935 to modernise the legislative framework for the publication of parliamentary documents and evidence. Enacted by the Commonwealth Parliament, this Act seeks to address the procedural gaps and ensure the efficient dissemination of parliamentary information by allowing authorised committees to mandate the publication of documents and evidence laid before them, while also providing legal protection against actions for such publications. The Act formalises the authority of the Government Printer to publish parliamentary papers and evidence, and it guarantees that no civil or criminal proceedings can be initiated against those who publish documents or evidence under parliamentary authority, subject to certain conditions. The Act was designed to clarify and expand the scope of publication rights within parliamentary processes, ensuring that parliamentary committees have the requisite authority to mandate the publication of documents and evidence. This legislative amendment was introduced to support the efficient operation of parliamentary functions and to protect individuals from legal repercussions when acting in accordance with parliamentary mandates.

Scope and Application

The Parliamentary Papers Act 1946 amends the Parliamentary Papers Act 1908-1935 to enhance the procedures governing the publication of documents and evidence related to parliamentary activities. This Act applies to any documents and evidence laid before a parliamentary committee or either House of Parliament, as well as those authorised for publication by these entities. The scope of the Act extends to the Commonwealth of Australia, governing the actions and responsibilities of parliamentary committees and Houses in managing the publication of parliamentary papers. The Act explicitly states that no civil or criminal action can be brought against any person for publishing documents or evidence if they were authorised by a parliamentary committee or House. The Act came into operation on the day it received Royal Assent and is applicable to documents and evidence published by committees after 23rd September 1943. While the Act provides a framework for publication, it does not specify exclusions, exemptions, or thresholds, leaving such details to be potentially defined through subordinate instruments.

Key Provisions

The Parliamentary Papers Act 1946 introduces several amendments to the Parliamentary Papers Act 1908-1935, aiming to streamline the process for publishing parliamentary documents and evidence. Section 1(2) of the Act clarifies that it may be cited as the Parliamentary Papers Act 1946 when read together with the Principal Act as amended by this Act. The Act comes into operation immediately upon receiving Royal Assent, as stipulated in section 2. A significant addition in section 4 is the allowance for Committees of either House or of both Houses of Parliament to authorize the publication of documents or evidence presented before them. This new provision expands the scope of who can order the publication of parliamentary materials. Under section 5, when either House of Parliament or a Committee orders a document or evidence to be printed, it is presumed that the Government Printer has been authorized to publish it, unless otherwise specified in the order. This change simplifies the publication process by establishing a default authorization for the Government Printer. Additionally, section 4 introduces a protective clause, stipulating that no civil or criminal action can be brought against any person for publishing documents or evidence under the authority granted by section 2. If such an action is initiated, the defendant can seek to halt proceedings by presenting a certificate and affidavit confirming the publication's legitimacy, with potential orders for the plaintiff or prosecutor to cover the defendant's legal costs. The Act also outlines specific obligations for parties involved in the publication of parliamentary documents. Committees are now empowered to authorize the publication of documents and evidence, thereby expanding the scope of entities capable of ordering such publications. Furthermore, when a House or a Committee orders the printing of a document or evidence, the Government Printer is automatically deemed to have the requisite authority to publish, unless explicitly stated otherwise. These provisions ensure that the publication process is both efficient and legally secure. In terms of consequences for non-compliance, the Act imposes stringent measures against those who initiate legal proceedings against individuals publishing parliamentary papers under lawful authority. Section 4(2) provides a clear defence mechanism for defendants, allowing them to halt proceedings and seek costs if they can demonstrate that the publication was authorized. This legal safeguard is crucial for maintaining the integrity and efficiency of parliamentary processes, ensuring that legitimate publications are not unduly challenged.