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Constitution Act 1975
73Publication of reports, proceedings etc. of either House of Parliament protected
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73 Publication of reports, proceedings etc. of either House of Parliament protected
S. 73(1) amended by Nos 57/1989 s. 3(Sch. item 28.1), 95/1997
s. 3(b)(i), 68/2009 s. 97(Sch. item 25.1).
(1) Any person who is defendant, accused or respondent in any civil criminal or mixed proceeding commenced or prosecuted in any manner whatsoever for or on account or in respect of the publication, in written or electronic form, of any report paper votes or proceedings of the Houses of the Parliament or either of them or of any committee of such Houses or either of them by such person or by his officer or servant by or under the authority of such Houses or either of them or of any committee of such Houses or either of them may bring before the court in which such proceeding has been or is so commenced or prosecuted, first giving twenty-four hours notice of his intention so to do to the prosecutor or plaintiff in such proceeding, a certificate under the hand of the President or of the Speaker or under the hands of the President and the Speaker or under the hand of the Clerk of the Parliaments or of the Clerk of the Council or of the Clerk of the Assembly (as the case may require) stating that the report paper votes or proceedings (as the case may be) in respect whereof such proceeding has been commenced or prosecuted was published by such person or by his officer or servant by order or under the authority of such Houses or either of them or of any committee of such Houses or either of them together with an affidavit verifying such certificate.
S. 73(2) amended by No. 57/1989 s. 3(Sch. item 28.2).
(2) The court shall thereupon immediately stay such proceeding; and the same and every writ or process issued therein shall be determined and superseded by virtue of this Act.
S. 73(3) amended by No. 95/1997
s. 3(b)(ii).
(3) In this and the next succeeding section any reference to the publication of proceedings of either House of the Parliament shall include and shall be deemed always to have included a reference to the publication, in written or electronic form, of the reports of debates in either such House and to the publication, in written or electronic form, of extracts from such reports.
No. 6224 s. 65.