PARLIAMENTARY PRIVILEGES ACT 1987
- Reprinted as at 31 December 1991 (HISTACT CHAP 984 #DATE 31:12:1991)
*1* The Parliamentary Privileges Act 1987 as shown in this reprint comprises
Act No. 21, 1987 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application,
Number and of Assent commencement saving or
year transitional
provisions
Parliamentary 20 May 1987 20 May 1987
Privileges Act 1987
21,1987
Parliamentary 5 April 1988 Ss. 1-4,7 and 14 S. 12
Precints Act 1988 (in part): Royal
9,1988 Assent
S. 11: 6 May 1988
(see Gazette
1988, No. S129)
Remainder: 1 Aug
1988 (see Gazette
1988, No. S229)
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 15 am. No. 9, 1988
PARLIAMENTARY PRIVILEGES ACT 1987 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Essential element of offences
5. Powers, privileges and immunities
6. Contempts by defamation abolished
7. Penalties imposed by Houses
8. Houses not to expel members
9. Resolutions and warrants for committal
10. Reports of proceedings
11. Publication of tabled papers
12. Protection of witnesses
13. Unauthorised disclosure of evidence
14. Immunities from arrest and attendence before courts
15. Application of laws to Parliament House
16. Parliamentary privilege in court proceedings
17. Certificates relating to proceedings
PARLIAMENTARY PRIVILEGES ACT 1987 - LONG TITLE
SECT
An Act to declare the powers, privileges and immunities of
each House of the Parliament and of the members and committees
of each House, and for related purposes
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 1
Short title
SECT
1. This Act may be cited as the Parliamentary Privileges Act 1987.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears:
"committee" means:
(a) a committee of a House or of both Houses, including a committee of a
whole House and a committee established by an Act; or
(b) a sub-committee of a committee referred to in paragraph (a);
"court" means a federal court or a court of a State or Territory;
"document" includes a part of a document;
"House" means a House of the Parliament;
"member" means a member of a House;
"tribunal" means any person or body (other than a House, a committee or a
court) having power to examine witnesses on oath, including a Royal Commission
or other commission of inquiry of the Commonwealth or of a State or Territory
having that power.
(2) For the purposes of this Act, the submission of a written statement by a
person to a House or a committee shall, if so ordered by the House or the
committee, be deemed to be the giving of evidence in accordance with that
statement by that person before that House or committee.
(3) In this Act, a reference to an offence against a House is a reference to
a breach of the privileges or immunities, or a contempt, of a House or of the
members or committees.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 4
Essential element of offences
SECT
4. Conduct (including the use of words) does not constitute an offence
against a House unless it amounts, or is intended or likely to amount, to an
improper interference with the free exercise by a House or committee of its
authority or functions, or with the free performance by a member of the
member's duties as a member.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 5
Powers, privileges and immunities
SECT
5. Except to the extent that this Act expressly provides otherwise, the
powers, privileges and immunities of each House, and of the members and the
committees of each House, as in force under section 49 of the Constitution
immediately before the commencement of this Act, continue in force.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 6
Contempts by defamation abolished
SECT
6. (1) Words or acts shall not be taken to be an offence against a House by
reason only that those words or acts are defamatory or critical of the
Parliament, a House, a committee or a member.
(2) Subsection (1) does not apply to words spoken or acts done in the
presence of a House or a committee.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 7
Penalties imposed by Houses
SECT
7. (1) A House may impose on a person a penalty of imprisonment for a period
not exceeding 6 months for an offence against that House determined by that
House to have been committed by that person.
(2) A penalty of imprisonment imposed in accordance with this section is not
affected by a prorogation of the Parliament or the dissolution or expiration
of a House.
(3) A House does not have power to order the imprisonment of a person for an
offence against the House otherwise than in accordance with this section.
(4) A resolution of a House ordering the imprisonment of a person in
accordance with this section may provide that the President of the Senate or
the Speaker of the House of Representatives, as the case requires, is to have
power, either generally or in specified circumstances, to order the discharge
of the person from imprisonment and, where a resolution so provides, the
President or the Speaker has, by force of this Act, power to discharge the
person accordingly.
(5) A House may impose on a person a fine:
(a) not exceeding $5,000, in the case of a natural person; or
(b) not exceeding $25,000, in the case of a corporation;
for an offence against that House determined by that House to have been
committed by that person.
(6) A fine imposed under subsection (5) is a debt due to the Commonwealth
and may be recovered on behalf of the Commonwealth in a court of competent
jurisdiction by any person appointed by a House for that purpose.
(7) A fine shall not be imposed on a person under subsection (5) for an
offence for which a penalty of imprisonment is imposed on that person.
(8) A House may give such directions and authorise the issue of such
warrants as are necessary or convenient for carrying this section into effect.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 8
Houses not to expel members
SECT
8. A House does not have power to expel a member from membership of a House.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 9
Resolutions and warrants for committal
SECT
9. Where a House imposes on a person a penalty of imprisonment for an
offence against that House, the resolution of the House imposing the penalty
and the warrant committing the person to custody shall set out particulars of
the matters determined by the House to constitute that offence.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 10
Reports of proceedings
SECT
10. (1) It is a defence to an action for defamation that the defamatory
matter was published by the defendant without any adoption by the defendant of
the substance of the matter, and the defamatory matter was contained in a fair
and accurate report of proceedings at a meeting of a House or a committee.
(2) Subsection (1) does not apply in respect of matter published in
contravention of section 13.
(3) This section does not deprive a person of any defence that would have
been available to that person if this section had not been enacted.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 11
Publication of tabled papers
SECT
11. (1) No action, civil or criminal, lies against an officer of a House in
respect of a publication to a member of a document that has been laid before a
House.
(2) This section does not deprive a person of any defence that would have
been available to that person if this section had not been enacted.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 12
Protection of witnesses
SECT
12. (1) A person shall not, by fraud, intimidation, force or threat, by the
offer or promise of any inducement or benefit, or by other improper means,
influence another person in respect of any evidence given or to be given
before a House or a committee, or induce another person to refrain from giving
any such evidence.
Penalty: (a) in the case of a natural person, $5,000 or imprisonment for 6
months; or
(b) in the case of a corporation, $25,000.
(2) A person shall not inflict any penalty or injury upon, or deprive of any
benefit, another person on account of:
(a) the giving or proposed giving of any evidence; or
(b) any evidence given or to be given;
before a House or a committee.
Penalty: (a) in the case of a natural person, $5,000 or imprisonment for 6
months; or
(b) in the case of a corporation, $25,000.
(3) This section does not prevent the imposition of a penalty by a House in
respect of an offence against a House or by a court in respect of an offence
against an Act establishing a committee.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 13
Unauthorised disclosure of evidence
SECT
13. A person shall not, without the authority of a House or a committee,
publish or disclose:
(a) a document that has been prepared for the purpose of submission, and
submitted, to a House or a committee and has been directed by a House or a
committee to be treated as evidence taken in camera; or
(b) any oral evidence taken by a House or a committee in camera, or a report
of any such oral evidence;
unless a House or a committee has published, or authorised the publication of,
that document or that oral evidence.
Penalty: (a) in the case of a natural person, $5,000 or imprisonment for 6
months; or
(b) in the case of a corporation, $25,000.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 14
Immunities from arrest and attendence before courts
SECT
14. (1) A member:
(a) shall not be required to attend before a court or a tribunal; and
(b) shall not be arrested or detained in a civil cause;
on any day:
(c) on which the House of which that member is a member meets;
(d) on which a committee of which that member is a member meets; or
(e) which is within 5 days before or 5 days after a day referred to in
paragraph (c) or (d).
(2) An officer of a House:
(a) shall not be required to attend before a court or a tribunal; and
(b) shall not be arrested or detained in a civil cause;
on any day:
(c) on which a House or a committee upon which that officer is required to
attend meets; or
(d) which is within 5 days before or 5 days after a day referred to in
paragraph (c).
(3) A person who is required to attend before a House or a committee on a
day:
(a) shall not be required to attend before a court or a tribunal; and
(b) shall not be arrested or detained in a civil cause;
on that day.
(4) Except as provided by this section, a member, an officer of a House and
a person required to attend before a House or a committee has no immunity from
compulsory attendance before a court or a tribunal or from arrest or detention
in a civil cause by reason of being a member or such an officer or person.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 15
Application of laws to Parliament House
SECT
15. It is hereby declared, for the avoidance of doubt, that, subject to
section 49 of the Constitution and this Act, a law in force in the Australian
Capital Territory applies according to its tenor (except as otherwise provided
by that or any other law) in relation to:
(a) any building in the Territory in which a House meets; and
(b) any part of the precincts as defined by subsection 3 (1) of the
Parliamentary Precincts Act 1988.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 16
Parliamentary privilege in court proceedings
SECT
16. (1) For the avoidance of doubt, it is hereby declared and enacted that
the provisions of article 9 of the Bill of Rights, 1688 apply in relation to
the Parliament of the Commonwealth and, as so applying, are to be taken to
have, in addition to any other operation, the effect of the subsequent
provisions of this section.
(2) For the purposes of the provisions of article 9 of the Bill of Rights,
1688 as applying in relation to the Parliament, and for the purposes of this
section, "proceedings in Parliament" means all words spoken and acts done in
the course of, or for purposes of or incidental to, the transacting of the
business of a House or of a committee, and, without limiting the generality of
the foregoing, includes:
(a) the giving of evidence before a House or a committee, and evidence so
given;
(b) the presentation or submission of a document to a House or a committee;
(c) the preparation of a document for purposes of or incidental to the
transacting of any such business; and
(d) the formulation, making or publication of a document, including a
report, by or pursuant to an order of a House or a committee and the document
so formulated, made or published.
(3) In proceedings in any court or tribunal, it is not lawful for evidence
to be tendered or received, questions asked or statements, submissions or
comments made, concerning proceedings in Parliament, by way of, or for the
purpose of:
(a) questioning or relying on the truth, motive, intention or good faith of
anything forming part of those proceedings in Parliament;
(b) otherwise questioning or establishing the credibility, motive, intention
or good faith of any person; or
(c) drawing, or inviting the drawing of, inferences or conclusions wholly or
partly from anything forming part of those proceedings in Parliament.
(4) A court or tribunal shall not:
(a) require to be produced, or admit into evidence, a document that has been
prepared for the purpose of submission, and submitted, to a House or a
committee and has been directed by a House or a committee to be treated as
evidence taken in camera, or admit evidence relating to such a document; or
(b) admit evidence concerning any oral evidence taken by a House or a
committee in camera or require to be produced or admit into evidence a
document recording or reporting any such oral evidence, unless a House or a
committee has published, or authorised the publication of, that document or a
report of that oral evidence.
(5) In relation to proceedings in a court or tribunal so far as they relate
to:
(a) a question arising under section 57 of the Constitution; or
(b) the interpretation of an Act;
neither this section nor the Bill of Rights, 1688 shall be taken to prevent or
restrict the admission in evidence of a record of proceedings in Parliament
published by or with the authority of a House or a committee or the making of
statements, submissions or comments based on that record.
(6) In relation to a prosecution for an offence against this Act or an Act
establishing a committee, neither this section nor the Bill of Rights, 1688
shall be taken to prevent or restrict the admission of evidence, the asking of
questions, or the making of statements, submissions or comments, in relation
to proceedings in Parliament to which the offence relates.
(7) Without prejudice to the effect that article 9 of the Bill of Rights,
1688 had, on its true construction, before the commencement of this Act, this
section does not affect proceedings in a court or a tribunal that commenced
before the commencement of this Act.
PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 17
Certificates relating to proceedings
SECT
17. For the purposes of this Act, a certificate signed by or on behalf of
the President of the Senate, the Speaker of the House of Representatives or a
chairman of a committee stating that:
(a) a particular document was prepared for the purpose of submission, and
submitted, to a House or a committee;
(b) a particular document was directed by a House or a committee to be
treated as evidence taken in camera;
(c) certain oral evidence was taken by a committee in camera;
(d) a document was not published or authorised to be published by a House or
a committee;
(e) a person is or was an officer of a House;
(f) an officer is or was required to attend upon a House or a committee;
(g) a person is or was required to attend before a House or a committee on a
day;
(h) a day is a day on which a House or a committee met or will meet; or
(i) a specified fine was imposed on a specified person by a House; is
evidence of the matters contained in the certificate.