Australian Capital Territory
Legislative Assembly (Broadcasting)
Act 2001
A2001-69
Republication No 6
Effective: 1 July 2012
Republication date: 1 July 2012
Last amendment made by A2012-26
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Legislative Assembly (Broadcasting) Act 2001 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1
July 2012. It also includes any commencement, amendment, repeal or expiry affecting this
republished law to 1 July 2012.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for
an individual and $550 for a corporation (see Legislation Act 2001, s 133).
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Legislative Assembly (Broadcasting) Act 2001
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contents 1
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Australian Capital Territory
Legislative Assembly (Broadcasting)
Act 2001
Contents
Page
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Broadcasting of proceedings 2
6 Withdrawal of rights to broadcast 3
7 Electronic access to proceedings given by clerk 3
8 Withdrawal of electronic access by clerk 4
8A Electronic access to proceedings given by Speaker 5
9 Privilege for broadcasts 5
10 Approved forms 6
Contents
Page
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Dictionary 7
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 10
5 Earlier republications 11
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Australian Capital Territory
Legislative Assembly (Broadcasting)
Act 2001
An Act about broadcasting of proceedings of the Legislative Assembly and its
committees
Section 1
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1 Name of Act
This Act is the Legislative Assembly (Broadcasting) Act 2001.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words and
expressions used in this Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act 2001, s 155
and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of the Act.
Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of
notes.
5 Broadcasting of proceedings
(1) A person may broadcast, or record for broadcast, all or part of
public proceedings of the Legislative Assembly or a committee of
the Assembly.
(2) The Legislative Assembly may, by resolution, determine the way
rights given by subsection (1) must be exercised.
(3) If the Legislative Assembly makes a determination under
subsection (2), a person exercising rights under subsection (1) must
comply with the determination.
Section 6
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6 Withdrawal of rights to broadcast
(1) The Legislative Assembly may, by resolution, withdraw the right of
a person to broadcast, or record for broadcast, public proceedings of
the Legislative Assembly or a committee of the Assembly.
(2) The Legislative Assembly may, by resolution, delegate to the
Speaker the power to withdraw the right of a person to broadcast, or
record for broadcast, public proceedings of the Legislative
Assembly or a committee of the Assembly.
(3) The Legislative Assembly may, by resolution, delegate to a
committee of the Assembly the power to withdraw the right of a
person to broadcast, or record for broadcast, public proceedings of
the committee.
(4) A resolution under subsection (1), (2) or (3) may state the way in
which a right to broadcast or record may be withdrawn.
7 Electronic access to proceedings given by clerk
(1) A person may apply in writing to the clerk for access to the
recording and transmission facilities of the Legislative Assembly for
transmission to the applicant of public proceedings of the
Legislative Assembly or a committee of the Assembly.
Note If a form is approved under s 10 (Approved forms) for an application,
the form must be used.
(2) The clerk must give the access requested in an application under
subsection (1) if—
(a) the clerk is satisfied that the recording and transmission
facilities of the Legislative Assembly have the capacity to
satisfactorily support the equipment the applicant proposes to
connect to them; and
(b) the clerk is satisfied the mode of access requested is reasonable
for the purpose for which it is sought; and
Section 8
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(c) the applicant’s right to broadcast the proceedings for which the
application is made has not been withdrawn under this Act; and
(d) the applicant enters into a written agreement with the Territory
to—
(i) comply with any determination in effect under
section 5 (2); and
(ii) provide, or arrange for the provision of, the
telecommunication lines and other equipment necessary
for the access (the access equipment); and
(iii) pay the costs and expenses of connecting the access
equipment to the recording and transmission facilities of
the Legislative Assembly; and
(iv) pay the costs and expenses of maintaining the access
equipment; and
(v) pay the costs and expenses of the Office of the Legislative
Assembly in giving access to the proceedings of the
Legislative Assembly and its committees by the access
equipment.
8 Withdrawal of electronic access by clerk
(1) The clerk may withdraw electronic access to proceedings given to a
person under section 7 if the person—
(a) ceases to be entitled to broadcast, or record for broadcast,
proceedings of the Legislative Assembly or a committee of the
Assembly under this Act; or
(b) does not comply with the person’s agreement under
section 7 (2) (d).
Section 8A
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(2) If a person’s electronic access to proceedings is withdrawn under
subsection (1) (a), the clerk must restore the access if the person
again becomes entitled to broadcast, or record for broadcast,
proceedings of the Assembly or a committee of the Assembly under
this Act and applies to the clerk in writing for restoration of the
access.
(3) If a person’s electronic access to proceedings is withdrawn under
subsection (1) (b), the clerk must restore the access if the person
remedies his or her breach of the agreement and applies to the clerk
in writing for restoration of the access.
8A Electronic access to proceedings given by Speaker
(1) The Speaker may, in writing, direct that a person be given access to
the recording and transmission facilities of the Legislative Assembly
for transmission to the person of public proceedings of the
Assembly or a committee of the Assembly.
Note The power to make a direction includes the power to amend or repeal it
(see Legislation Act, s 46 (1)).
(2) The Speaker must give a copy of the direction to the person.
(3) The direction is a disallowable instrument.
Note 1 A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
Note 2 An amendment or repeal of a direction is also a disallowable instrument
(see Legislation Act, s 46 (2)).
9 Privilege for broadcasts
(1) Neither civil nor criminal proceedings may be brought against a
member of the Office of the Legislative Assembly for transmitting
or broadcasting proceedings of the Legislative Assembly, or a
committee of the Assembly, in carrying out the member’s duties.
Section 10
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(2) It is a defence to an action for defamation for matter in a broadcast
of proceedings of the Legislative Assembly, or a committee of the
Assembly, made in the exercise of a right given by this Act that the
defamatory matter was broadcast by the defendant without adoption
by the defendant of the substance of the matter and the defamatory
matter was part of a fair and accurate report of the proceedings.
(3) Subsection (2) does not deprive a person of a defence that the
person has apart from this section.
(4) Subsection (2) does not apply to a person for a broadcast made by
the person while the person’s right to make the broadcast was
withdrawn under section 6 (Withdrawal of rights to broadcast).
10 Approved forms
(1) The clerk may, in writing, approve forms for this Act.
(2) If the clerk approves a form for a particular purpose, the approved
form must be used for that purpose.
Note For other provision about forms, see Legislation Act 2001, s 255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act 2001 contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following
terms:
function
Legislative Assembly
Office of the Legislative Assembly
person
Speaker.
broadcast includes—
(a) transmission to the public by radio, television, landline, the
Internet or any other electronic means; and
(b) rebroadcast.
clerk means the clerk of the Legislative Assembly.
public proceedings, of the Legislative Assembly or a committee of
the Assembly, means proceedings of the Assembly or committee
open to the public.
rebroadcast means to broadcast from a recording.
record, proceedings of the Legislative Assembly or a committee of
the Assembly, means make a sound or visual recording of the
proceedings.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Legislative Assembly (Broadcasting) Act 2001 A2001-69
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
remainder commenced 10 March 2002 (s 2 and LA s 79)
as amended by
Statute Law Amendment Act 2002 A2002-30 pt 3.41
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.41 commenced 17 September 2002 (s 2 (1))
Legislative Assembly (Broadcasting) Amendment Act 2002 A2002-52
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
remainder commenced 21 December 2002 (s 2)
Public Sector Management Amendment Act 2005 A2005-42
sch 1 pt 1.2
notified LR 31 August 2005
s 1, s 2 commenced 31 August 2005 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 September 2005 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.59
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.59 commenced 12 April 2007 (s 2 (1))
Legislative Assembly (Office of the Legislative Assembly) Act 2012
A2012-26 sch 1 pt 1.7
notified LR 24 May 2012
s 1, s 2 commenced 24 May 2012 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 July 2012 (s 2)
Endnotes
4 Amendment history
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Electronic access to proceedings given by clerk
s 7 hdg sub A2002-52 s 4
s 7 am A2012-26 amdt 1.33
Withdrawal of electronic access by clerk
s 8 hdg sub A2002-52 s 5
Electronic access to proceedings given by Speaker
s 8A ins A2002-52 s 6
Privilege for broadcasts
s 9 am A2012-26 amdt 1.33
Approved forms
s 10 am A2002-30 amdt 3.571
Repeal of Legislative Assembly (Broadcasting of Proceedings) Act
s 11 om LA s 89 (3)
Dictionary
dict am A2002-30 amdt 3.572; A2012-26 amdt 1.34
def Legislative Assembly secretariat sub A2005-42
amdt 1.2; A2007-3 amdt 3.332
om A2012-26 amdt 1.35