PARLIAMENTARY PAPERS.

No. 16 of 1908.

An Act Relating to the Publication of Parliamentary Papers.

[Assented to 10th June, 1908.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.  This Act may be cited as the Parliamentary Papers Act 1908.

Publication of Parliamentary Papers.

2.  It shall be lawful for either the Senate or the House of Representatives to authorize the publication of any document laid before it.

Authority to Government Printer to publish.

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

No action for publishing Parliamentary Papers.

Cf. Qd. Crim. Code, s. 371 (3).

Can. Crim. Code, s. 289.

4.—(1.)     No action or proceeding, civil or criminal, shall lie against any person for publishing any document published under the authority of the Senate or of the House of Representatives.

Stay of proceedings if action commenced.

Qd.1889 No. 12, s. 40.

(2.) The defendant, in any action or prosecution commenced in respect of the publication of any document published under the authority either of the Senate or of the House of Representatives, 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 or of the Speaker or Clerk of the House of Representatives, as the case may be, stating that the document in respect whereof the action or prosecution is commenced was published under the authority of the Senate or of the House of Representatives, 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.

Application of Act.

5.  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.

Privileges of Parliament not affected.

6.  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.