Parliamentary Papers Act 1908
Act No. 16 of 1908 as amended
This compilation was prepared on 18 October 2000
taking into account amendments up to Act No. 39 of 1981
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1............ Short title [see Note 1]........................................................................ 1
1A......... Interpretation....................................................................................... 1
2............ Publication of Parliamentary Papers.................................................... 1
3............ Authority to Government Printer to publish........................................ 1
4............ No action for publishing Parliamentary Papers................................... 2
5............ Application of Act............................................................................... 3
6............ Privileges of Parliament not affected................................................... 3
Notes 5
An Act relating to the Publication of Parliamentary Papers
1 Short title [see Note 1]
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.