Constitution Act 1975
74Copy of authenticated report thereof
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74 Copy of authenticated report thereof
S. 74(1) amended by Nos 57/1989 s. 3(Sch. item 28.3), 95/1997
s. 3(c), 68/2009 s. 97(Sch. item 25.2).
(1) In any civil criminal or mixed proceeding for or on account or in respect of the publication, in written or electronic form, of any copy of such report paper votes or proceedings the defendant or accused at any stage of the proceeding may lay before the court such report paper votes or proceedings and such copy, with an affidavit verifying such report paper votes or proceedings and the correctness of such copy.
S. 74(2) amended by No. 57/1989 s. 3(Sch. item 28.4).
(2) The court shall immediately stay such proceeding; and the same and every writ or process issued therein shall be determined and superseded by virtue of this Act.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. 74(3) amended by No. 68/2009 s. 97(Sch. item 25.3).
(3) It shall be lawful, in any civil criminal or mixed proceeding for printing any abstract of such report paper votes or proceedings, to give in evidence such report paper votes or proceedings, and to show that such abstract was published bona fide and without malice; and if such is the opinion of the judge or of the jury (as the case may be) in any such proceeding a judgment or a verdict (as the case may require) shall be entered for the defendant or accused.
S. 74AA inserted by No. 95/1997
s. 4.
74AA Transmission and broadcasting of Parliamentary proceedings
No action or proceeding, civil, criminal or mixed, lies against a person who—
(a) transmits or broadcasts by electronic means any proceedings—
(i) of the Council or the Assembly, or both of them; or
(ii) of a committee of the Council or the Assembly, or both of them; or
(b) broadcasts or re-broadcasts by electronic means a recording of any proceedings—
(i) of the Council or the Assembly, or both of them; or
(ii) of a committee of the Council or the Assembly, or both of them—
with the authority of the Council, Assembly or committee (as the case requires).
S. 74AB inserted by No. 40/2001 s. 3,
repealed by No. 40/2001 s. 5. [11]
Pt 2A (Heading and ss 74A–74D) inserted by No. 9254 s. 2(c), amended by Nos 9576 s. 11(1), 9870 ss 2, 3(a)–(e), 9937 s. 2, substituted as Pt 2A (Heading and ss 74A, 74B) by No. 55/1988 s. 3.
Part IIA—Local government
S. 74A substituted by No. 55/1988 s. 3.
74A Local government
S. 74A(1) substituted by No. 2/2003 s. 18.