{"id":"legislative-assembly-powers-and-privileges-act-1992","name":"Legislative Assembly (Powers and Privileges) Act 1992","slug":"legislative-assembly-powers-and-privileges-act-1992","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30261,"registerId":"nt-legislative-assembly-powers-and-privileges-act-1992-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legislative Assembly (Powers and Privileges) Act 1992","content":"NORTHERN TERRITORY OF AUSTRALIA\nLEGISLATIVE ASSEMBLY (POWERS AND PRIVILEGES) ACT 1992\nAs in force at 31 July 2024\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Repeal ............................................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Powers, privileges and immunities not elsewhere declared ............ 2\n5 Essential element of offences .......................................................... 2\n6 Freedom of speech.......................................................................... 2\n7 Immunity from arrest and attendance before courts ........................ 4\n8 Service of process within the precincts............................................ 5\n9 Publication of documents and evidence .......................................... 5\n10 Authority for certain publications...................................................... 6\n11 No action for publishing authorised publications.............................. 6\n12 Persons not to print matter contrary to order ................................... 7\n13 Reports of proceedings ................................................................... 7\n14 Precincts of Assembly ..................................................................... 7\n15 Act not to limit powers of Speaker or Assembly under\nStanding Orders .............................................................................. 8\n16 Removal of persons from the precincts ........................................... 8\n17 Persons to obey directions of Speaker ............................................ 8\n18 Summons to witness ....................................................................... 8\n19 Evidence may be taken on oath ...................................................... 9\n20 Protection of witnesses .................................................................... 9\n21 Offences by witnesses ................................................................... 10\n22 Unauthorised disclosure of evidence ............................................. 10\n23 Broadcasting and televising of proceedings .................................. 11\n24 Admission of documents in evidence ............................................ 11\n25 Prosecutions .................................................................................. 12\n26 Resolutions and warrants for committal ......................................... 13\nSchedule 1\nSchedule 2 Precincts of Assembly\nSchedule 3\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 31 July 2024\n____________________\nLEGISLATIVE ASSEMBLY (POWERS AND PRIVILEGES) ACT 1992\nAn Act relating to the powers (other than legislative powers), privileges\nand immunities of the Legislative Assembly, and for other purposes\n1 Short title\nThis Act may be cited as the Legislative Assembly (Powers and\nPrivileges) Act 1992.\n2 Repeal\nThe following Acts are repealed:\nLegislative Assembly (Powers and Privileges) Ordinance 1977\n(No. 10, 1977)\nLegislative Assembly (Powers and Privileges) Amendment\nAct 1989 (No. 45, 1989)\nLegislative Assembly (Powers and Privileges) Amendment Act\n(No. 2) 1989 (No. 81, 1989)\n3 Interpretation\n(1) In this Act, unless the contrary intention appears:\nAssembly means the Legislative Assembly.\nChamber means the room or place in which the Assembly is at any\ntime sitting.\nClerk means the person appointed to be the Clerk of the Assembly\nand includes the Deputy Clerk or a Clerk-Assistant.\ncommittee means:\n(a) a committee of the whole Assembly or a standing, select or\nother committee appointed by the Assembly, or a committee\nof the Assembly established by an Act; or\n(b) a sub-committee of such a committee.\ndocument includes a part of a document.\n\nLegislative Assembly (Powers and Privileges) Act 1992 2\nmember means a member of the Assembly.\nofficer of the Assembly means the Clerk, the Deputy Clerk or any\nother person declared by the Speaker by notice in the Gazette to be\nan officer of the Assembly.\nthe Speaker includes a person for the time being presiding over the\nAssembly or, where appropriate, a committee of the whole\nAssembly.\nStanding Orders means the standing rules and orders of the\nAssembly for the time being in force.\n(2) For the purposes of this Act, the submission of a written statement\nby a person to the Assembly or a committee shall, if so ordered by\nthe Assembly or by the committee, be deemed to be the giving of\nevidence in accordance with the statement by the person before the\nAssembly or committee.\n(3) In this Act, a reference to an offence against the Assembly is a\nreference to a breach of the privileges or immunities, or a contempt,\nof the Assembly or of its members, committees or officers.\n4 Powers, privileges and immunities not elsewhere declared\nThe powers (other than legislative powers), privileges and\nimmunities of the Assembly and of its members, committees and\nofficers, to the extent that they are not declared by this Act, other\nthan this section, shall be the powers (other than legislative\npowers), privileges and immunities for the time being of the House\nof Representatives of the Commonwealth, and of the members,\ncommittees and officers, respectively, of that House.\n5 Essential element of offences\nConduct (including the use of words) does not constitute an offence\nagainst the Assembly unless it amounts, or is intended or likely to\namount, to an improper interference with the free exercise by the\nAssembly or a committee, of its authority or functions, or with the\nfree performance by a member of the member's duties as a\nmember.\n6 Freedom of speech\n(1) For the avoidance of doubt, it is hereby declared and enacted that\nthe provisions of article 9 of the Bill of Rights, 1688 apply in relation\nto the Assembly and, as so applying, shall be taken to have, in\naddition to any other operation, the effect of the subsequent\nprovisions of this section.\n\nLegislative Assembly (Powers and Privileges) Act 1992 3\n(2) For the purposes of the provisions of article 9 of the Bill of\nRights, 1688 as applying in relation to the Assembly, and for the\npurposes of this section, proceedings in Parliament means all\nwords spoken and acts done in the course of, or for the purposes of\nor incidental to, the transacting of the business of the Assembly or\nof a committee, and, without limiting the generality of the foregoing,\nincludes:\n(a) the giving of evidence before the Assembly or a committee,\nand evidence so given;\n(b) the presentation or submission of a document to the Assembly\nor a committee;\n(c) the preparation of a document for purposes of or incidental to\nthe transacting of any such business; and\n(d) the formulation, making or publication of a document,\nincluding a report, by or pursuant to an order of the Assembly\nor a committee and the document so formulated, made or\npublished.\n(3) In proceedings in a court or tribunal, it is not lawful for evidence to\nbe tendered or received, questions asked or statements,\nsubmissions or comments made, concerning proceedings in the\nAssembly, by way of, or for the purpose of:\n(a) questioning or relying on the truth, motive, intention or good\nfaith of anything forming part of those proceedings in the\nAssembly;\n(b) otherwise questioning or establishing the credibility, motive,\nintention or good faith of a person; or\n(c) drawing, or inviting the drawing of, inferences or conclusions\nwholly or partly from anything forming part of those\nproceedings in the Assembly.\n(4) A court or tribunal shall not:\n(a) require to be produced, or admit into evidence, a document\nthat has been prepared for the purpose of submission, and\nsubmitted, to the Assembly or a committee and has been\ndirected by the Assembly or a committee to be treated as\nevidence taken in camera, or admit evidence relating to such\na document; or\n\nLegislative Assembly (Powers and Privileges) Act 1992 4\n(b) admit evidence concerning oral evidence taken by the\nAssembly or a committee in camera or require to be produced\nor admit into evidence a document, recording or reporting\nsuch oral evidence,\nunless the Assembly or committee has published, or authorised the\npublication of, the document or a report of the oral evidence.\n(5) In relation to proceedings in a court or tribunal so far as they relate\nto the interpretation of an Act or an Act of the Commonwealth,\nneither this section nor the Bill of Rights, 1688 shall be taken to\nprevent or restrict the admission in evidence of a record of\nproceedings in the Assembly published by or with the authority of\nthe Assembly or a committee or the making of statements,\nsubmissions or comments based on that record.\n(6) In relation to a prosecution for an offence against this Act or an Act\nestablishing a committee, neither this section nor the Bill of\nRights, 1688 shall be taken to prevent or restrict the admission of\nevidence, the asking of questions, or the making of statements,\nsubmissions or comments, in relation to proceedings in the\nAssembly to which the offence relates.\n(7) Without prejudice to the effect that article 9 of the Bill of\nRights, 1688 had, on its true construction, before the\ncommencement of this Act, this section does not affect proceedings\nin a court or a tribunal that commenced before the commencement\nof this Act.\n7 Immunity from arrest and attendance before courts\n(1) A member shall not:\n(a) be required to attend before a court or a tribunal; and\n(b) be arrested or detained in a civil cause,\non a day:\n(c) on which the Assembly meets;\n(d) on which a committee of which that Member is a member\nmeets; or\n(e) which is within 5 days before or 5 days after a day referred to\nin paragraph (c) or (d).\n(2) An officer of the Assembly:\n(a) shall not be required to attend before a court or a tribunal; and\n\nLegislative Assembly (Powers and Privileges) Act 1992 5\n(b) shall not be arrested or detained in a civil cause,\non a day:\n(c) on which the Assembly or a committee on which the officer is\nrequired to attend meets; or\n(d) which is within 5 days before or 5 days after a day referred to\nin paragraph (c).\n(3) A person who is required to attend before the Assembly or a\ncommittee on a day:\n(a) shall not be required to attend before a court or tribunal; and\n(b) shall not be arrested or detained in a civil cause,\non that day.\n(4) A member or an officer of the Assembly is exempt from serving as\na juror and the name of any such person shall not be included in a\njury list.\n(5) Except as provided by this section, a member, an officer of the\nAssembly or a person required to attend before the Assembly or a\ncommittee has no immunity from compulsory attendance before a\ncourt or a tribunal or from arrest or detention in a civil cause by\nreason of being a member or such an officer or person.\n8 Service of process within the precincts\nA person shall not within the precincts of the Assembly:\n(a) serve or tender for service or execute a writ, summons,\nwarrant, order or other process issued by or with the authority\nof a court or otherwise in accordance with a law of the\nTerritory; or\n(b) except as authorised by section 16, arrest another person,\nwithout the express permission of the Speaker or, in his absence,\nthe Deputy Speaker.\n9 Publication of documents and evidence\n(1) It is lawful for the Assembly to authorise the publication of a\ndocument laid before it or of evidence given before it.\n\nLegislative Assembly (Powers and Privileges) Act 1992 6\n(2) Where a document is dealt with in such a manner that, in\naccordance with the Standing Orders, it is to be deemed to have\nbeen presented to the Assembly, a document shall, for the\npurposes of subsection (1), be deemed to have been laid before the\nAssembly.\n(3) It is lawful for a committee to authorise the publication of a\ndocument laid before it or of evidence given before it.\n10 Authority for certain publications\n(1) Where the Assembly or a committee has ordered a document or\nevidence to be printed, the Assembly shall be deemed, unless the\ncontrary intention appears in the order, to have authorised the\nGovernment Printer or the Clerk to publish the document or\nevidence.\n(2) The Assembly shall be deemed to have authorised the Government\nPrinter or the Clerk to publish the notice paper and the minutes of\nthe proceedings of the Assembly and the report of the debates and\nproceedings of the Assembly.\n(3) The Clerk shall, at the request of a person, supply a copy of the\nnotice paper, of the minutes of the proceedings of the Assembly, of\nthe reports of the debates and proceedings of the Assembly or of\nany other reports, documents or papers published by the authority\nof the Assembly or a committee, to the person on payment by the\nperson of the appropriate fee.\n(4) The appropriate fee in respect of a publication referred to in\nsubsection (3) is such fee as is fixed from time to time for the\npublication by the Speaker with the advice, if any, of the committee\nappointed by the Assembly to advise the Speaker on matters\nrelating to publications of the Assembly.\n11 No action for publishing authorised publications\n(1) No action, suit or proceeding, civil or criminal, shall lie against a\nperson for publishing a document or evidence published under an\nauthority given in pursuance of section 9 or which shall be deemed\nto have been given by virtue of section 10.\n(2) In an action or prosecution commenced in respect of the publication\nof a document or evidence published under an authority given in\npursuance of section 9 or which shall be deemed to have been\ngiven by virtue of section 10, the defendant may after giving to the\nplaintiff or prosecutor 24 hours notice of his or her intention to do so\nbring before the court in which the action or prosecution is pending\na certificate under the hand of the Speaker or Clerk, stating that the\ndocument or evidence in respect of which the action or prosecution\n\nLegislative Assembly (Powers and Privileges) Act 1992 7\nhas been commenced was published or shall be deemed to have\nbeen published under that authority and the court shall thereupon\nstay the action or prosecution and may order the plaintiff or\nprosecutor to pay the defendant his or her costs of defence.\n(3) No action, civil or criminal, shall lie against an employee of the\nAssembly in respect of the publication, in the normal course of the\nemployee's duties, to a member or any other person, of a document\nthat has been laid before the Assembly or a committee or which\nshall be deemed to have been laid before the Assembly or a\ncommittee.\n(4) This section does not deprive a person of a defence that would\nhave been available to the person if this section had not been\nenacted.\n12 Persons not to print matter contrary to order\nWhere the Assembly has ordered that words or a matter published\nin the Assembly shall not be printed or published, a person shall not\nprint or publish outside the Assembly the words or matter or any\npart or report of the words or matter.\n13 Reports of proceedings\n(1) It is a defence to an action for defamation that the defamatory\nmatter was published by the defendant without any adoption by the\ndefendant of the substance of the matter, and the defamatory\nmatter was contained in a fair and accurate report of proceedings at\na meeting of the Assembly or a committee.\n(2) Subsection (1) does not apply in respect of matter published in\ncontravention of section 22.\n(3) This section does not deprive a person of a defence that would\nhave been available to the person if this section had not been\nenacted.\n14 Precincts of Assembly\n(1) The precincts of the Assembly is the area of land described in\nSchedule 1, together with the building erected on the land.\n(2) The Speaker may, by notice in the Gazette, declare that on a date\nspecified in the notice the precincts described in Schedule 1 shall\nno longer be the precincts of the Assembly and, on and from that\ndate, the precincts of the Assembly shall be the land described and\ndelineated in Schedule 2, together with the building erected on the\nland and that land and building shall be the precincts accordingly.\n\nLegislative Assembly (Powers and Privileges) Act 1992 8\n(3) Subject to the directions, if any, of the Assembly, the Speaker has\nthe control and management of the precincts of the Assembly.\n(4) If requested in writing by the Speaker to amend or repeal and\nreplace Schedule 2, the Administrator may make regulations\namending or repealing and replacing Schedule 2 in accordance\nwith that request.\n15 Act not to limit powers of Speaker or Assembly under\nStanding Orders\nNothing in this Act limits the powers or the authority of the Speaker\nor the Assembly, or a committee, under the Standing Orders.\n16 Removal of persons from the precincts\n(1) The Speaker may, at any time, direct that a member, ordered by\nthe Assembly to be excluded or removed from the Chamber, be\nexcluded or removed from the Chamber.\n(2) The Speaker may, at any time whether the Assembly is sitting or\nnot, direct that a person who is not a member be removed from, or\nbe prohibited from entering, the precincts of the Assembly.\n(3) In the exercise of his or her powers under subsections (1) and (2)\nthe Speaker may require a person to exclude or remove by force\nthe member or other person whom the Speaker has directed be\nexcluded or removed, or prohibited from entering the precincts.\n(4) Neither the Speaker nor a person acting under his or her directions\nis liable in civil or criminal proceedings for an act done, or purported\nto be done, in good faith, in pursuance of this section.\n17 Persons to obey directions of Speaker\nWhere the Speaker has directed the exclusion of a person from the\nprecincts of the Assembly, the person shall not:\n(a) refuse or fail to leave the precincts; or\n(b) re-enter or attempt to re-enter the precincts at any time during\nwhich the direction is in force.\n18 Summons to witness\n(1) On the order of the Assembly or of a committee which has been\nauthorised by the Assembly to send for persons, papers and\nrecords, the Clerk or in the case of a committee, either the Clerk or\nthe clerk of the committee, may issue under his or her hand a\nsummons to a person (not being a member) to attend before the\n\nLegislative Assembly (Powers and Privileges) Act 1992 9\nAssembly or the committee to give evidence before the Assembly\nor the committee or to produce to the Assembly or the committee\nthe papers, books, documents or articles specified in the summons.\n(2) A summons under subsection (1):\n(a) may be in or to the effect of the appropriate form in\nSchedule 3; and\n(b) shall be served personally on the person to whom it is\ndirected.\n19 Evidence may be taken on oath\n(1) A person summonsed to attend before the Assembly pursuant to\nsection 18 may be required to give evidence before the Assembly\nand be examined on oath.\n(2) A committee which has been authorised by the Assembly to send\nfor persons, papers, and records, may require that a fact, matter or\nthing relating to the subject of the inquiry by the committee be\nverified or ascertained by the oral examination of witnesses and\nmay cause such witnesses to be examined on oath.\n(3) The Clerk or the clerk attending the committee may administer an\noath to a witness appearing before the Assembly or a committee\nauthorised by subsections (1) and (2) to examine witnesses on\noath.\n20 Protection of witnesses\n(1) A person shall not, by fraud, intimidation, force or threat, by the\noffer or promise of an inducement or benefit, or by other improper\nmeans, influence or attempt to influence another person in respect\nof any evidence given or to be given before the Assembly or a\ncommittee, or induce or attempt to induce another person to refrain\nfrom giving such evidence.\nMaximum penalty: In the case of a natural person, 40 penalty\nunits or imprisonment for 6 months.\nIn the case of a corporation, 215 penalty\nunits.\n(2) A person shall not inflict a penalty or injury on another person, or\ndeprive a person of a benefit, on account of:\n(a) the giving or proposed giving of evidence; or\n(b) evidence given or to be given,\n\nLegislative Assembly (Powers and Privileges) Act 1992 10\nbefore the Assembly or a committee.\nMaximum penalty: In the case of a natural person, 40 penalty\nunits or imprisonment for 6 months\nIn the case of a corporation, 215 penalty\nunits.\n(3) This section does not prevent the imposition of a penalty by the\nAssembly in respect of an offence against the Assembly or by a\ncourt in respect of an offence against an Act establishing a\ncommittee.\n21 Offences by witnesses\nA person who is served with a summons issued under section 18\nshall not:\n(a) refuse or fail, without reasonable excuse, to appear at the time\nand at the place specified in the summons; or\n(b) refuse to take an oath if required under section 19 to do so; or\n(c) refuse or fail, without reasonable excuse, to answer a relevant\nquestion put to the person; or\n(d) refuse or fail, without reasonable excuse, to produce to the\nAssembly or a committee the books, papers, documents or\narticles specified in the summons; or\n(e) give false evidence or make a statement which is false or\nuntrue in a particular; or\n(f) present to the Assembly or a committee a document which is,\nto his or her knowledge, false or falsified.\nMaximum penalty: In the case of a natural person, 40 penalty\nunits or imprisonment for 6 months.\n22 Unauthorised disclosure of evidence\nA person shall not, without the authority of the Assembly or a\ncommittee, publish or disclose:\n(a) a document which has been prepared for the purpose of\nsubmission, and submitted, to the Assembly or a committee\nand has been directed by the Assembly or the committee to\nbe treated as evidence taken in camera or the publication of\nwhich has not been authorised by the Assembly or the\ncommittee; or\n\nLegislative Assembly (Powers and Privileges) Act 1992 11\n(b) any oral evidence taken by the Assembly or a committee in\ncamera, or a report of any such oral evidence,\nunless the Assembly or committee has published, or authorised the\npublication of, the oral evidence.\nMaximum penalty: In the case of a natural person, 40 penalty\nunits or imprisonment for 6 months\nIn the case of a corporation, 215 penalty\nunits.\n23 Broadcasting and televising of proceedings\n(1) No broadcast, re-broadcast or televising of a portion of the debates\nor proceedings of the Assembly or of a committee shall be made\nexcept by the authority of the Assembly and in accordance with\nsuch conditions, if any, as are determined by the Assembly.\n(2) No action or proceeding, civil or criminal, shall lie against a person\nfor broadcasting, re-broadcasting or televising a portion of the\nproceedings of the Assembly or a committee if such broadcast,\nre-broadcast or televising has been duly authorised by the\nAssembly, or a committee or the Speaker if empowered by the\nAssembly to make such an authorisation.\n24 Admission of documents in evidence\nFor the purposes of this Act, a certificate purporting to be signed by\nthe Speaker, the Clerk or a chairman of a committee stating that:\n(a) a particular document was prepared for the purpose of\nsubmission, and submitted to the Assembly or a committee;\n(b) a particular document was directed by the Assembly or a\ncommittee to be treated as evidence taken in camera;\n(c) certain oral evidence was taken by a committee in camera;\n(d) a document was not published or authorised to be published\nby the Assembly or a committee;\n(e) a person is or was an officer of the Assembly;\n(f) an officer is or was required to attend on the Assembly or a\ncommittee on a day;\n(g) a person is or was required to attend before the Assembly or a\ncommittee on a day;\n\nLegislative Assembly (Powers and Privileges) Act 1992 12\n(h) a day is a day on which the Assembly or a committee met or\nwill meet; or\n(j) a specified fine was imposed on a specified person by the\nAssembly,\nis prima facie evidence of the matters contained in the certificate.\n25 Prosecutions\n(1) The Assembly may impose on a person for an offence against the\nAssembly (determined by the Assembly to have been committed by\nthe person) a penalty of imprisonment that may be imposed under\nsection 7(1) of the Parliamentary Privileges Act 1987 (Cth).\nNote for subsection (1)\nThe power of the Assembly is linked to the Parliamentary Privileges Act 1987\n(Cth) because of section 12 of the Northern Territory (Self-Government) Act 1978\n(Cth).\n(2) A penalty of imprisonment imposed in accordance with this section\nis not affected by the prorogation, dissolution or expiration of the\nAssembly.\n(3) The Assembly does not have power to order the imprisonment of a\nperson for an offence against the Assembly otherwise than in\naccordance with this section.\n(4) A resolution of the Assembly ordering the imprisonment of a person\nin accordance with this section may provide that the Speaker is to\nhave power, either generally or in specified circumstances, to order\nthe discharge of the person from imprisonment and, where a\nresolution so provides, the Speaker has, by force of this Act, power\nto discharge the person accordingly.\n(5) The Assembly may impose on a person for an offence against the\nAssembly, (determined by the Assembly to have been committed\nby the person) a fine that may be imposed under section 7(5) of the\nParliamentary Privileges Act 1987 (Cth).\nNote for subsection (5)\nThe power of the Assembly is linked to the Parliamentary Privileges Act 1987\n(Cth) because of section 12 of the Northern Territory (Self-Government) Act 1978\n(Cth).\n(6) A fine imposed under subsection (5) is a debt due and payable to\nthe Territory and may be recovered on behalf of the Territory in a\ncourt of competent jurisdiction by any person appointed by the\nAssembly for that purpose.\n\nLegislative Assembly (Powers and Privileges) Act 1992 13\n(7) A fine shall not be imposed on a person under subsection (5) for an\noffence for which a penalty of imprisonment is imposed on that\nperson.\n(8) The Assembly may give such directions and authorise the issue of\nsuch warrants as are necessary or convenient for carrying this\nsection into effect.\n26 Resolutions and warrants for committal\n(1) Where the Assembly imposes on a person a penalty of\nimprisonment for an offence against the Assembly, the resolution of\nthe Assembly imposing the penalty and the warrant committing the\nperson to custody shall set out particulars of the matters\ndetermined by the Assembly to constitute that offence.\n(2) A person convicted of an offence to which subsection (1) refers\nmay apply to the Full Court of the Supreme Court for a declaration\nthat the matters determined by the Assembly to constitute an\noffence, as stated in the resolution and warrant, were not capable\nof constituting a breach of privilege or a contempt, and the Full\nCourt has jurisdiction to hear and determine such an application.\n(3) If the Full Court makes the declaration sought by the application,\nthe resolution referred to in subsection (1) shall forthwith have no\neffect, the warrant of commitment is discharged and the person,\nunless otherwise confined according to law, shall immediately be\nreleased from custody.\n\nSchedule 1\nLegislative Assembly (Powers and Privileges) Act 1992 14\nSchedule 1\nsection 14(1)\nALL THAT parcel of land in Mitchell Street near Bennett Street in the Town of\nDarwin in the Northern Territory of Australia containing an area of\n3990 square metres more or less commencing at a point on the northeastern\nside of Mitchell Street 24.225 metres southeasterly from the southernmost\ncorner of Lot 4820 Town of Darwin; thence bounded by lines bearing\n44 degrees 41 minutes 20 seconds for 60.975 metres, 135 degrees 4 minutes\nfor 65.885 metres, 224 degrees 46 minutes 20 seconds for 60.48 metres,\n314 degrees 38 minutes for 65.8 metres to the point of commencement;\ntogether with ALL THAT parcel of land in Smith Street near The Esplanade in\nthe Town of Darwin in the Northern Territory of Australia containing an area of\n689 square metres more or less being the Ground Floor of the Leichhardt\nBuilding and being more particularly delineated as that area shown hatched\non the following plan:\n\nSchedule 2 Precincts of Assembly\nLegislative Assembly (Powers and Privileges) Act 1992 15\nSchedule 2 Precincts of Assembly\nsection 14\nAll that parcel of land in Darwin City in the Territory, containing an area of\n1.38 hectares, more or less being the whole of Lot 11231, Town of Darwin, as\ndelineated on Approved Survey Plan LTO2021/020B lodged with the\nSurveyor-General, Darwin.\n\nSchedule 3\nLegislative Assembly (Powers and Privileges) Act 1992 16\nSchedule 3\nsection 18\nForm 1\nNORTHERN TERRITORY OF AUSTRALIA\nThe Legislative Assembly\nTO: (Here insert name, description, and address of witness)\nThe Legislative Assembly, on (here insert day and date), passed a resolution,\na copy of which is attached.\nPursuant to that resolution and in accordance with the Legislative Assembly\n(Powers and Privileges) Act 1992 and the Standing Orders of the Legislative\nAssembly, you are hereby summoned to attend at (here insert place), at (here\ninsert day and date), at (here insert time), and you are required to continue in\nattendance as directed by the Speaker until your attendance is no longer\nrequired, to answer questions upon the matters contained in the resolution\nand matters relevant to the resolution and to produce (here insert the\ndocuments required).\nDated 19 .\nClerk of the Legislative Assembly\n\nSchedule 3\nLegislative Assembly (Powers and Privileges) Act 1992 17\nForm 2\nNORTHERN TERRITORY OF AUSTRALIA\nThe Legislative Assembly\nTO: (Here insert name, description, and address of witness)\nI am directed by the (here insert name of committee) to summon you to attend\nat (here insert place), on (here insert day and date), at (here insert time), then\nand there to give evidence upon (here insert subject matter of enquiry) and\nthen and there to produce (here insert documents required), and you are\nrequired to continue in attendance as directed by the said Committee or the\nChairman thereof, until your attendance is no longer required.\nA copy of the Committee's order of reference is attached hereto.\nDated 19 .\nClerk of the Legislative Assembly\nor\nClerk of the Committee\n\nENDNOTES\nLegislative Assembly (Powers and Privileges) Act 1992 18\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLegislative Assembly (Powers and Privileges) Act 1992 (Act No. 62, 1992)\nAssent date 28 October 1992\nCommenced 28 October 1992\nLegislative Assembly (Powers and Privileges) Amendment Act 2000 (Act No. 12, 2000)\nAssent date 25 May 2000\nCommenced 25 May 2000\nLegislative Assembly (Powers and Privileges) Regulations 2000 (SL No. 26, 2000)\nNotified 1 June 2000\nCommenced r 3: 3 June 2000 (r 2(1))\nr 4: 8 June 2000 (r 2(2))\nAmending Legislation\nAmendment of Legislative Assembly (Powers and Privileges) Regulations (SL\nNo. 1, 2003)\nNotified 12 February 2003\nCommenced 12 February 2003\nLegislative Assembly (Powers and Privileges) Regulations (SL No. 1, 2005)\nNotified 2 February 2005\nCommenced 2 February 2005\nLegislative Assembly (Powers and Privileges) Regulations (SL No. 41, 2006)\nNotified 20 December 2006\nCommenced 20 December 2006\nLegislative Assembly (Powers and Privileges) Regulations (SL No. 12, 2007)\nNotified 17 May 2007\nCommenced 17 May 2007\n\nENDNOTES\nLegislative Assembly (Powers and Privileges) Act 1992 19\nLegislative Assembly (Powers and Privileges) Regulations (SL No. 31, 2009)\nNotified 30 September 2009\nCommenced 30 September 2009\nLegislative Assembly (Powers and Privileges) Regulations (SL No. 24, 2010)\nNotified 23 November 2010\nCommenced 23 November 2010\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nPenalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27,\n2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nLegislative Assembly (Powers and Privileges (Act Amendment) Regulations 2024\n(SL No. 19, 2024)\nDate made 30 July 2024\nCommenced 31 July 2024(r 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: s 1 and sch 3.\n4 LIST OF AMENDMENTS\ns 14 amd No. 12, 2000, s. 2\ns 20 amd No. 27, 2011, s 3\ns 21 amd No. 40, 2010, s 118; No. 27, 2011, s 3\ns 22 amd No. 27, 2011, s 3\ns 25 amd No. 27, 2011, s 3\nsch 2 sub SL No. 26, 2000, rr 3 and 4; SL No. 1, 2005, r 2\namd SL No. 41, 2006, r 3; SL No. 12, 2007, r 3; SL No. 31, 2009, r 3; SL\nNo. 24, 2010, r 3\nsub SL No. 19, 2024, r 4","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s scope has been amended since enactment. Key changes recorded in the endnotes include amendment of s14 (2000) and replacement/substitution of Schedule 2 by subordinate instruments (SL No. 26, 2000 and later instruments; sch 2 sub SL No. 19, 2024, r 4). Sections that set penalties and witness provisions were amended by later Acts (ss20, 21, 22, 25 amended by Act No. 27, 2011 and other listed amending Acts; Endnotes 'List of Amendments' and 'List of Legislation'). These amendments altered precinct definitions, penalty provisions and regulatory detail, so the Act now differs in territorial definition and some sanctioning mechanics from its original 1992 text (see Endnotes: '4 LIST OF AMENDMENTS' and the schedules referenced in s14)."},"complexity_factors":["Cross‑references to external privilege law: where the Act is silent it imports House of Representatives privileges (s4), creating interpretive dependence on Commonwealth material.","Multiple interacting procedural regimes: summons, oath, in‑camera evidence, publication authorisations and broadcasting rules span criminal, civil and parliamentary procedure (ss18–23).","Penalty differentials and enforcement channels: criminal penalties, corporate fines, Assembly‑imposed fines and imprisonment linked to federal Parliamentary Privileges Act provisions (ss20–22; s25 and notes).","Significant administrative discretion vested in Speaker/Assembly (s14(3); ss9–10; ss16–17) with statutory shields for authorised action (s11), increasing practical uncertainty for outsiders.","Judicial interface and review: Assembly committals can be reviewed by the Full Court with statutory procedures for discharge (s26), requiring coordination between parliamentary process and court procedure.","Precincts and published definitions located in Schedules and amending regulations (s14; Schedules 1–2), meaning geographic scope can change by regulation and notice."],"plain_english_summary":"What this law does, who it affects, and how it works (plain-English)\n\n- What it is and what it changes mechanically\n  - The Act sets out the non‑legislative powers, privileges and immunities of the Northern Territory Legislative Assembly, its members, committees and officers (long title; s4). Where the Act is silent, it imports the current powers, privileges and immunities of the Commonwealth House of Representatives for comparable purposes (s4).\n  - It defines core procedural tools the Assembly uses: who counts as a member, officer, committee and what the precincts are (s3; s14 and Schedules 1–2). It gives the Speaker and the Assembly operational control over the precincts (s14(3)).\n  - It creates processes for summoning witnesses and documents, taking evidence (including on oath), and protecting witnesses (ss18–21). It gives the Assembly and its committees authority to authorise publication of documents and evidence, and protects authorised publishers from civil or criminal action (ss9–11).\n  - The Act preserves freedom of speech for “proceedings in Parliament” by applying article 9 of the Bill of Rights 1688 to the Assembly (s6). It sets limits on courts and tribunals using Assembly proceedings as evidence in certain ways (s6(3)–(6)).\n  - The Assembly has specified disciplinary powers: it can exclude people from precincts, order removal by force via the Speaker, and direct enforcement (ss16–17). It can summon and punish contempts and, in accordance with linked federal provisions, impose fines and imprisonment for offences against the Assembly (ss25–26).\n\n- Who decides and who pays\n  - Decision-makers: the Assembly, its committees, the Speaker (or person presiding), and the Clerk exercise most of the powers created or preserved by the Act: e.g. authorising publications (s9–10), defining precincts (s14(2)–(4)), issuing summonses (s18), and directing removal of persons (s16).\n  - Financial consequences and payment: fines imposed by the Assembly are a debt due to the Territory and may be recovered in court (s25(5)–(6)). The Clerk may charge fees for supplying authorised publications (s10(3)–(4)).\n\n- Compliance obligations and penalties (who bears costs)\n  - Witnesses and persons summoned must attend, answer relevant questions, take an oath if required, and produce documents (ss18–19; s21). Breach of these duties carries criminal penalties (s21).\n  - It is an offence to interfere with or coerce witnesses (s20) or to disclose material treated as in camera without authority (s22). Penalties differ by actor: natural persons face fines and possible imprisonment; corporations face higher fines (ss20, 22, 21).\n  - Publishers and broadcasters must observe Assembly authorisations and restrictions: broadcasting or retransmitting debates requires Assembly authority (s23); publishing material the Assembly has ordered not to be printed is prohibited (s12). Authorised publications have a statutory shield from civil or criminal proceedings (s11).\n\n- Important procedural checks and judicial interface\n  - The Act limits the Assembly’s use of its powers by specifying the essential element of an offence against the Assembly: conduct must improperly interfere with the Assembly’s functions or a member’s duties (s5). This gives an objective threshold for contempt‑type actions.\n  - Resolutions that commit a person to imprisonment must set out particulars and are subject to judicial review: the Full Court of the Supreme Court can declare that the matters determined by the Assembly did not constitute breach of privilege or contempt, and if so the warrant is discharged and the person released (s26(1)–(3)).\n  - The Act links the Assembly’s power to imprison and fine to corresponding federal provisions (Parliamentary Privileges Act 1987 (Cth)) (s25(1), (5) and notes), creating a statutory reference point external to the Act.\n\n- How the Act changes incentives and private choices (market‑oriented lens)\n  - Speech and evidence: by applying article 9 (s6), speech and documents used for Assembly business are insulated from certain uses in court, which reduces legal risk for people who speak or submit documents in Assembly proceedings (s6(2)–(4)). That reduces the legal cost of participation before the Assembly but restricts courts’ access to that material for some purposes (s6(3)–(6)).\n  - Media and publishers: broadcasters and printers must seek or rely on Assembly authority to lawfully retransmit or publish Assembly proceedings (ss9, 10, 11, 23). This creates an administrative gate: authorised publication is protected by statute (s11) while unauthorised disclosure can attract penalties (s22). The Clerk may charge fees for copies (s10(3)–(4)). These provisions affect how independent media and commercial publishers handle parliamentary material.\n  - Private legal process and service: the Act forbids service of court process inside Assembly precincts and limits arrest and civil process for members, officers and witnesses on days the Assembly or committees meet (s8; s7). That constrains the operational reach of litigants and process‑servers during Assembly sittings and around them.\n  - Corporate risk: corporations may face significant pecuniary penalties for witness interference or unauthorised disclosure that exceed natural‑person penalties (s20, s22). That raises compliance costs for corporate actors dealing with Assembly business.\n\n- Trade‑offs, administrative discretion and implementation risk\n  - Discretion concentrated in Assembly and Speaker: the Act gives the Assembly and Speaker broad authority over precincts, publication authorisations and exclusion orders (ss9–10; s14(3); ss16–17). Administrative discretion reduces friction in managing proceedings but creates legal uncertainty for external actors about when authorisation will be granted.\n  - Delegation to external standards: where the Act does not specify powers it imports the House of Representatives’ privileges (s4). That links local practice to an external body of parliamentary privilege law (complexity and interpretive dependency).\n  - Enforcement costs vs. evidentiary protection: the Act’s protections for in‑Assembly speech and in‑camera evidence (s6(4)) limit courts’ access to material, which may reduce litigation costs for participants but can shift investigative or evidentiary burdens elsewhere. The Assembly bears the administrative cost of issuing summonses and enforcing attendance (ss18–19) while the Territory may ultimately collect fines (s25(6)).\n\n- Practical points a reader should note\n  - The Act creates criminal penalties for certain conduct related to Assembly proceedings (ss20–22, 21). Corporations face higher fines than individuals (ss20, 22).\n  - The Assembly can order imprisonment or fine for offences against it but those orders must be particularised and are subject to judicial review by the Supreme Court’s Full Court (ss25–26).\n  - The Speaker has operational control of precincts and significant powers to exclude persons and require enforcement by force; persons acting under the Speaker’s direction are protected from civil or criminal liability if acting in good faith (ss14(3); ss16(2)–(4)).\n\nSource references: key statutory provisions cited above are from the Legislative Assembly (Powers and Privileges) Act 1992: s3, s4, s5, s6, s7, s8, s9, s10, s11, s12, s14, s16, s17, s18, s19, s20, s21, s22, s23, s24, s25, s26 and Schedules 1–3."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of defining parliamentary powers, privileges, and immunities. While there have been amendments (notably updating penalty units in 2011 and changing the precincts description in Schedule 2 in 2024), these are technical updates rather than scope expansion. The core functions—freedom of speech, immunity from arrest, witness protection, and contempt powers—have remained consistent since 1992."},"complexity_factors":["Incorporation of external legal instruments: Section 4 imports the powers and privileges of the Commonwealth House of Representatives by reference, requiring cross-referencing to federal law. Section 6 incorporates Article 9 of the Bill of Rights 1688 (UK), a 17th century statute.","Nested conditional logic: Section 6 contains multiple subsections with exceptions to protections (e.g., subsections 5 and 6 create exceptions for statutory interpretation and prosecutions under this Act), and section 7 has layered conditions for immunity based on timing and status.","Defined terms: 11 defined terms in section 3, including circular definitions ('the Speaker' includes someone presiding over the Assembly).","Cross-referencing to other statutes: Multiple references to the Parliamentary Privileges Act 1987 (Cth) and the Northern Territory (Self-Government) Act 1978 (Cth) in sections 25 and 26.","Geographic/schedular complexity: Schedules 1 and 2 contain detailed land descriptions with survey coordinates and lot numbers for defining the 'precincts' of the Assembly."],"plain_english_summary":"This law sets out the special legal protections and powers of the Northern Territory's parliament (the Legislative Assembly), its members, and staff. It ensures politicians can speak freely in parliament without fear of being sued (parliamentary privilege), protects them from being arrested or forced to appear in court during parliamentary sessions, and gives the Assembly authority to summon witnesses, demand documents, and punish people who interfere with its work.\n\n**Key things this law does:**\n\n*   **Protects free speech in parliament:** Members cannot be sued or prosecuted for what they say during parliamentary proceedings. Courts cannot question the truth or motives behind parliamentary speeches or use them to attack someone's credibility.\n*   **Immunity from arrest:** Members and certain staff cannot be arrested or forced to attend court on days when parliament sits, or for 5 days before and after. They are also exempt from jury duty.\n*   **Controls the parliamentary precincts:** The Speaker can remove disruptive people from parliament buildings and prohibit them from returning.\n*   **Powers to investigate:** The Assembly can issue summonses (legal orders) requiring people to attend and give evidence or produce documents. Witnesses can be required to take an oath.\n*   **Protects witnesses:** It is a crime to intimidate witnesses, threaten them, or punish them for giving evidence to parliament.\n*   **Punishes interference:** The Assembly can fine or imprison people who commit 'contempt' (serious interference with parliament's work), such as refusing to answer questions, giving false evidence, or leaking confidential evidence.\n*   **Regulates broadcasting:** Only the Assembly can authorise broadcasting or televising of its proceedings.\n*   **Protects official publications:** People cannot be sued for publishing parliamentary documents or fair reports of proceedings that are authorised by the Assembly.\n\n**Who it affects:** Members of the NT Legislative Assembly, parliamentary staff, witnesses called to give evidence, journalists reporting on parliament, and anyone who interacts with the parliamentary precincts or processes."}},"importantCases":[],"_links":{"self":"/api/acts/legislative-assembly-powers-and-privileges-act-1992","history":"/api/acts/legislative-assembly-powers-and-privileges-act-1992/history","analysis":"/api/acts/legislative-assembly-powers-and-privileges-act-1992/analysis","conflicts":"/api/acts/legislative-assembly-powers-and-privileges-act-1992/conflicts","importantCases":"/api/acts/legislative-assembly-powers-and-privileges-act-1992/important-cases","documents":"/api/acts/legislative-assembly-powers-and-privileges-act-1992/documents"}}