Legislative Assembly Precincts Act 2001

The Act is conceptually structured around a small set of concrete legal concepts: the Assembly precincts, Speaker control and delegation, a licensing regime for use of precinct space, Executive area with limitation agreements, removal powers, criminalisation of failure to obey Speaker directions, and administrative instruments (fees, forms, regulations). Each concept is statutorily defined or framed.

Assembly precincts: The Act defines a spatial core in section 5: the Assembly building (block 3, section 19, division of City, Canberra Central District) and that part of Civic Square under the northern public entrance canopy, together with all buildings, structures and works on, above or under the land (s 5(1)-(3)). The dictionary expands "Assembly precincts" to include any property brought in under section 6 (s 3 dict; s 6). Section 6 gives an expansion mechanism: where property is leased to or managed by the Territory, and the Speaker certifies in writing that it is required for use by the Assembly, regulations can declare that property to be treated as part of the precincts (s 6(1)-(2)). This creates a two‑step enlargement power: a Speaker certificate followed by regulatory declaration.

Control and management: The Speaker is statutorily assigned responsibility to control and manage the precincts and may take any action the Speaker considers necessary for those purposes (s 7(1)). The Assembly can issue directions to the Speaker about exercise of those functions (s 7(2)-(3)). The Act therefore sets up a hierarchy in which the Speaker has broad discretion but is institutionally answerable to the Assembly.

Licences: The Speaker can grant written licences to use any part of the precincts, exercise Territory rights in relation to licences, and set conditions (s 7A(1)-(3)). Licences must be in writing and specify the licensee, the part of precincts, use and period (s 7A(2)). The Speaker may delegate licence functions to the clerk or senior Office staff (s 7A(4)). Approved forms may be required for licences (note to s 7A, s 11B); fees may be determined for licences (note to s 7A, s 11A).

Executive area: The Act recognises areas reserved for Executive use, and requires Speaker functions relating to that area to respect any written agreement with the Chief Minister, including limitations and conditions (s 8).

Removal and liability: The Speaker may direct non‑members to leave or not enter the precincts (s 9(1)) and arrange removal using necessary and reasonable force and assistance (s 9(2)). The Act provides statutory protection from civil or criminal liability for the Speaker or persons acting under the Speaker’s direction when acting honestly and without negligence (s 9(3)). It also expressly transfers civil liability that would otherwise attach to the Speaker or persons acting under direction to the Territory (s 9(4)). Delegation of removal powers is allowed to the clerk, senior staff, or staff responsible for security (s 9(5)).

Offences and external statutes: Non‑compliance with a Speaker’s direction is criminalised with a maximum penalty (s 10). The Criminal Code, ch 2 applies to offences under the Act for purposes of general criminal principles (s 4A). The Crimes Act 1900, s 154, which deals with additional offences on government/territory premises, applies to the precincts “as if they were government premises” (s 11).

Administrative instruments: The Speaker may determine fees (s 11A), and approve forms (s 11B). Determinations are disallowable instruments and approved forms are notifiable instruments, so both are subject to the tabling/notification rules in the Legislation Act (notes to ss 11A-11B). The Executive has regulation‑making power for the Act (s 12).

Dictionary and scope: The dictionary makes "Assembly" mean the Legislative Assembly, and clarifies that “Speaker” includes the Deputy Speaker in prescribed circumstances (dict). Notes reference the Legislation Act for definitions like contravene, Executive, Legislative Assembly, and Speaker.

These concepts create a regulatory framework that centralises discrete gatekeeping powers (access, licensing, removal, fee setting) in an office (the Speaker) with limited internal checks (Assembly directions and statutory delegation and instrument controls).

The Act allocates rights, duties, and exposures across a small set of actors: the Speaker (and Deputy Speaker in certain circumstances), members of the Legislative Assembly, the Legislative Assembly as an institution, the Chief Minister (for Executive area agreements), the Territory as an entity (for liability and regulatory instrument responsibilities), persons who enter or use precinct spaces (including licensees and non‑members), and Office of the Legislative Assembly staff to whom powers may be delegated.

Speaker and Assembly: The Speaker bears primary responsibility for control and management of the precincts and for granting licences, with authority to act "as the Speaker considers necessary" (s 7(1); s 7A(1)). The Assembly can give directions to the Speaker on the exercise of these functions and, if it does, the Speaker must comply (s 7(2)-(3)). Therefore the Speaker is the principal decision‑maker, subject to assembly direction.

Executive/Chief Minister: The Chief Minister is a required counterpart where an Executive area is claimed within the precincts; the Speaker must exercise functions relating to that area in accordance with any written agreement with the Chief Minister setting limitations and conditions (s 8). That creates an intersection between parliamentary and executive control over particular spaces.

Office staff: The Speaker may delegate licence functions to the clerk or senior Office staff (s 7A(4)), and may delegate removal functions to clerk, senior staff, or staff responsible for security (s 9(5)). Delegates therefore will be operationally affected and may carry liability in practice, although the Act shifts civil liability to the Territory in appropriate cases (s 9(4)).

Territory: The Territory is the owner/manager of certain property and is the legal entity to which civil liability for Speaker‑authorised removals attaches (s 9(4)). It also is the entity through which the Executive may make regulations (s 12) and through which fees and forms are administered (ss 11A-11B). The Act permits the Territory (via the Speaker) to grant licences for use, charge fees, and enforce conditions.

Members and non‑members: Members are not directly described as the targets of removal powers; the removal power in s 9 applies to a person who is not a member (s 9(1)). Non‑members therefore are the immediate subjects of exclusion and removal directions. Licensees are persons to whom the Speaker may grant licences under s 7A. All persons on the precincts are subject to the offences regime: contravening a Speaker’s direction is an offence applicable to individuals (s 10).

Regulators and administrators: The Executive (via regulations under s 12) and the Speaker (via disallowable and notifiable instruments, ss 11A-11B) shape practical implementation. The Legislation Act provisions on determinations, forms and penalty units (referred to in notes and the republication note) also affect administrators and compliance teams; for example, the republication notes record penalty unit values at the republication date ($150 for individuals, $750 for corporations).

Third parties/contractors: Persons or entities proposing events, filming, or other uses of precinct spaces will be affected by the licensing rules, permitted delegations, fee determinations, and any conditions imposed in licences (s 7A). The requirement that licences be in writing and state specified particulars (s 7A(2)) imposes administrative compliance obligations on them.

Legal practitioners, compliance officers and insurers: The Act’s civil liability allocation in s 9(4), the immunity provision s 9(3), the criminal offence in s 10, and the cross‑application of the Criminal Code (s 4A) and Crimes Act (s 11) create exposure points that require legal/insurance consideration. Practitioners advising affected clients will need to consider how licence conditions, Speaker directions, and potential criminal or civil liability could arise in particular facts.

In short, the Act affects decision‑makers who allocate space and order (the Speaker, Assembly, Chief Minister), administrators who manage licences and enforcement (clerk, senior staff, security staff), the Territory as the liability bearer and regulatory actor, and external users and visitors whose presence and conduct are regulated and potentially criminalised.

The Act imposes specific statutory duties on the Speaker, delegates, and the Territory, and confers rights (and limitations) on other actors. Those duties and rights are short and precise.

Speaker duties and rights:

• Control and management duty: The Speaker is responsible for control and management of the Assembly precincts and may take any action the Speaker considers necessary for those purposes (s 7(1)). This is a broad operational duty coupled with discretionary authority.
• Obedience to Assembly: If the Assembly gives a direction about the exercise of the Speaker’s functions, the Speaker must comply (s 7(2)-(3)). This is a statutory duty of institutional subordination to the Assembly.
• Licensing powers: The Speaker may grant licences to use parts of the precincts, exercise Territory rights in relation to licence matters, and impose conditions (s 7A(1)-(3)). Licences must be in writing and must identify the licensee and the part, use and period (s 7A(2)). The Speaker may determine fees for licences (s 11A) and approve forms (s 11B).
• Removal and exclusion: The Speaker may direct a non‑member to leave or not enter the precincts (s 9(1)) and arrange for removal using necessary and reasonable force and assistance (s 9(2)). The Speaker enjoys statutory civil and criminal immunity for acts done honestly and without negligence under s 9 (s 9(3)), but the Act reallocates civil liability to the Territory for such acts (s 9(4)).
• Delegation: The Speaker may delegate licence and removal functions to named officials (s 7A(4); s 9(5)).

Delegate duties and rights:

• Delegates (the clerk or certain senior staff, or security staff) may exercise delegated functions but must do so within the delegation. The Act contains no express independent decision‑making constraints beyond normal administrative law limits; delegations are limited to occupational classifications specified (s 7A(4); s 9(5)). Delegates act on behalf of the Speaker and may exercise the powers subject to the Act’s requirements (eg written licences, conditions).

Territory duties and rights:

• Liability bearer: Civil liability that would otherwise attach to the Speaker or persons acting under the Speaker’s direction attaches instead to the Territory (s 9(4)). This makes the Territory the financial and legal respondent in civil claims arising from authorised removal actions.
• Regulatory power: The Executive may make regulations under s 12. The Speaker determines fees and approves forms under ss 11A-11B within the framework of the Legislation Act.

Rights and duties of persons on precincts:

• Right to be on the precincts subject to lawful licence and Speaker directions. Non‑members can be directed to leave or be excluded (s 9(1)). Failure to obey a direction is an offence (s 10).
• Obligation to comply with Speaker directions: Contravention is a criminal offence punishable by up to 50 penalty units, imprisonment for 6 months, or both (s 10). The Act defines "engage in conduct" to include doing or omitting an act (s 10(2)), thereby capturing both active and passive non‑compliance.

Administrative obligations:

• Licences must be in writing and contain certain particulars (s 7A(2)). If an approved form exists, it must be used (note to s 7A and s 11B(2)). Fees determined by the Speaker are disallowable instruments (s 11A(1)-(2) notes), and approved forms are notifiable instruments (s 11B(3) note). These administrative instruments are therefore tabled and notified under the Legislation Act.

Criminal law overlay:

• The Criminal Code’s general principles apply to offences under this Act (s 4A). In addition, s 11 applies Crimes Act 1900, s 154 (additional offences on territory premises) to the precincts, which may create further offence categories on the precincts as if they were government premises (s 11).

Constraints and limitations:

• Executive area constraints: where a part of the precincts is reserved for Executive use, the Speaker’s functions must be exercised in line with written agreement with the Chief Minister (s 8). This modifies the Speaker’s otherwise broad discretion.
• Delegation limits: Delegation is expressly limited to named classes of staff (s 7A(4); s 9(5)), so the Speaker cannot generally delegate to any external person without reference to the Legislation Act’s delegation provisions.

The Act therefore creates rights to manage precinct use and to enforce order, duties to act in specified formats (written licences, use of approved forms), and criminal exposure for non‑compliance, while allocating civil liability for authorised removal activities to the Territory.

The Act creates a focused enforcement framework built around the Speaker’s directions, removal powers, and a defined criminal penalty for non‑compliance, while incorporating wider criminal law principles and cross‑applying other statutes for additional offences.

Criminal penalties:

• Contravention offence: Section 10 creates a specific offence: a person must not engage in conduct that contravenes a direction by the Speaker under s 9(1). The maximum penalty is 50 penalty units, imprisonment for 6 months, or both (s 10(1)). Section 10(2) defines "engage in conduct" to include doing an act or omitting to do an act, thereby making omission to comply criminally cognisable.
• Criminal Code application: Section 4A brings Criminal Code, ch 2 into play for offences against this Act. That chapter provides the general principles of criminal responsibility, including burdens of proof, defences, and definitions of key mental elements such as intention and recklessness. Therefore prosecutions under s 10 are to be assessed against the Criminal Code framework (s 4A note and text).
• Crimes Act overlay: Section 11 applies Crimes Act 1900, s 154 (additional offences on territory premises) to the precincts "as if they were government premises" (s 11). The Act does not reproduce s 154, but imports it by reference, meaning additional offence categories on territory/government premises may be available to prosecutors in relation to the precincts (s 11).

Enforcement mechanisms:

• Speaker directions and removal: The Speaker may direct non‑members to leave or not enter the precincts (s 9(1)) and may arrange for their removal or exclusion using any necessary and reasonable force and assistance (s 9(2)). The Act does not prescribe a formal notice procedure, time frames, or an internal review mechanism for such directions; it grants operational authority to act and to use reasonable force where required (s 9(1)-(2)).
• Delegated enforcement: The Speaker may delegate removal functions to the clerk, senior Office staff, or security staff (s 9(5)). Those delegates may therefore effectuate removals. The Act makes no express provision for police involvement; however, delegates may use "assistance" for removal (s 9(2)).

Liability and immunities:

• Good faith immunity: Section 9(3) provides that the Speaker, or a person acting under the Speaker’s direction, does not incur civil or criminal liability for an act or omission done honestly and without negligence under s 9. This is a statutory immunity limited to conduct done honestly and without negligence.
• Civil liability shift: Section 9(4) shifts civil liability that would otherwise attach to the Speaker or person acting under the Speaker’s direction to the Territory. That is, civil claims arising from authorised removal actions are to be brought against the Territory rather than the individual officer, where the actions fall within s 9.
• Practical effect: The combination of immunity for the individual and liability on the Territory centralises financial risk within the public purse while protecting individuals acting in good faith. The immunity is conditional on honesty and absence of negligence; negligent or dishonest acts are therefore not covered.

Administrative enforcement instruments:

• Fees and forms: The Speaker may determine fees (s 11A) and approve forms (s 11B). A determination is a disallowable instrument and an approved form is a notifiable instrument, so these instruments are subject to the Legislation Act’s tabling, notification and disallowance procedures (notes to ss 11A-11B). Enforcement of licence conditions will typically proceed via contract or licence terms, backed by removal powers and potential criminal sanction for non‑compliance.

Penalty unit values and prosecution practice:

• The republished law includes a republication note putting the penalty unit value at the republication date ($150 individual, $750 corporation), with a cross‑reference to the Legislation Act, s 133 for penalty unit meaning. Actual prosecution and sentencing will apply the current statutory value of a penalty unit at the time of offending (republication note).

Limitations and omissions in enforcement design:

• The Act gives operational discretion for use of force and removal but does not prescribe procedural safeguards such as prior notice, a right to be heard, or an internal review process for those directed to leave (the Act is silent on review mechanisms). The Assembly’s oversight of the Speaker is institutional (s 7(2)-(3)), but there is no statutory private right of review contained in the Act itself.

In short, enforcement relies on a mixture of administrative direction and physical removal under the Speaker’s authority, statutory immunities and shifted civil exposure to the Territory, and criminal penalties for failure to obey. Criminal liability is assessed under the Criminal Code framework and possibly additional offences from the Crimes Act are importable onto the precincts.

The Act is compact but references and imports key Territory and Commonwealth statutory frameworks. The interactions determine procedural status for instruments, criminal law principles, penalty measurement, delegation mechanics and the offences available on the precincts.

Legislation Act 2001:

• The Act repeatedly cross‑references the Legislation Act for the legal status of notes, definitions and instruments. The dictionary note points to the Legislation Act for definitions relevant to the entire Act (s 3 note; dictionary). The notes to ss 11A and 11B make explicit that determinations are disallowable instruments and approved forms are notifiable instruments, and reference the Legislation Act’s requirements for notification and presentation. The republication note sets out penalty unit values and refers to s 133 of the Legislation Act for the meaning of penalty units.
• Delegation mechanics and administrative instrument procedure are also governed by the Legislation Act: the Act refers to the Legislation Act, pt 19.4 for making delegations and exercising delegated functions (note to s 9(5)) and to Legislation Act pt 6.3 for making determinations and regulations relating to fees (note to s 11A). Practitioners must therefore consult the Legislation Act for tabling, disallowance, notification and delegation processes, timing and procedural effects.

Criminal Code:

• Section 4A explicitly brings Criminal Code, ch 2 into application for offences against this Act. That imports the Code’s general principles of criminal responsibility, definitions of mental elements (intention, recklessness, strict liability), burdens of proof, and general defences. Hence, prosecutions under s 10 are governed by the Code’s standards (s 4A).

Crimes Act 1900 (NSW):

• Section 11 applies Crimes Act 1900, s 154, which concerns additional offences on government premises, to the Assembly precincts as if they were government premises. The Act does not reproduce s 154 but imports it; advisory and prosecutorial bodies must consult the Crimes Act to determine what offences arise under s 154 and how they apply.

Territory administrative law:

• The Act places the Speaker firmly within the Assembly’s institutional control (s 7(2)-(3)), but administrative action (licences, removal) will be subject to broader administrative law principles under Territory law, including customary judicial review grounds. The Act itself does not define internal review routes for licence or removal decisions; review rights, remedies and standards will be shaped by administrative law and the Legislation Act where applicable.

Statutory instruments:

• Fees determined under s 11A are disallowable instruments; approved forms under s 11B are notifiable instruments. Both must be tabled and notified under the Legislation Act. The Executive’s regulation‑making power (s 12) creates subordinate law that must be made in accordance with the Legislation Act and will be subject to the Assembly’s examination and potential disallowance, depending on the classification of the instrument.

Liability and tort law:

• The Act’s provision reallocating civil liability to the Territory (s 9(4)) must be viewed alongside general tort law and public liability principles. The statutory reallocation creates a clear legal target (the Territory) but does not extinguish claims; it alters the defendant and the practical insurance/funding landscape. The immunity for honest, non‑negligent acts (s 9(3)) interacts with general negligence law; negligent or dishonest acts remain actionable.

Other laws and omissions:

• The Act does not itself incorporate procedural protections or human rights obligations; any interaction with human rights frameworks or anti‑discrimination law would be determined by the applicable Territory statutes and constitutional arrangements, not by express provisions in this Act. The Act also does not specify police powers or the use of police to enforce Speaker directions; enforcement is framed by the Speaker’s authority to arrange "assistance" for removals (s 9(2)), which could include external assistance under applicable laws and agreements.

In practice, effective implementation and legal advice will require cross‑reference to the Legislation Act for instrument and delegation procedures, the Criminal Code and Crimes Act for criminal prosecutions, and general administrative and tort law for questions of reviewability and liability.

The republished Act includes an amendment history and legislation history in the endnotes which document the principal changes since enactment. These entries must be read with the body of the Act to understand current text and provenance.

Principal legislative milestones (from endnotes):

• Original enactment: Legislative Assembly Precincts Act 2001 A2001‑85, notified LR 24 September 2001; key provisions commenced 24 March 2002 (Legislation history, endnote 3).
• 2002 Statute Law Amendment: Statute Law Amendment Act 2002 A2002‑30 effected editorial and definitional changes to the dictionary and renumbering (amendment history notes).
• 2002 substantive change: Legislative Assembly Precincts Amendment Act 2002 A2002‑53 (notified LR 20 December 2002) amended provisions including s 9 (Removal of people) (amendment history).
• 2005 criminal law harmonisation: Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005‑53 and Criminal Code Harmonisation Act 2005 A2005‑54 inserted and adjusted criminal law references, including insertion of s 4A to bring Criminal Code ch 2 into application for offences under the Act, and substituted s 10 (Contravention of Speaker’s direction) to align with the Criminal Code framework (amendment history).
• 2006 additions: Legislative Assembly Precincts Amendment Act 2006 A2006‑20 inserted s 7A (Licences), s 11A (Determination of fees) and s 11B (Approved forms), creating the licensing and administrative instrument machinery (amendment history).
• 2017 updates: Legislative Assembly Legislation Amendment Act 2017 A2017‑41 made amendments to s 5 (Assembly precincts) (ss 21-22), to s 7A (s 23) and to s 9 (s 24) (Legislation history and amendment history indicate revised wording and renumbering occurred at R7 republication).

Commencement detail:

• The legislation history endnote shows staged commencement dates for the original Act and later amending Acts; for example, the original s 1 and s 2 commenced 24 September 2001 but the remainder commenced 24 March 2002 (endnote 3). Various amendments have discrete commencement dates set out in the legislation history.

Editorial and republication notes:

• The republication includes editorial changes made under the Legislation Act, part 11.3; these are formal drafting or alignment changes that do not alter substantive legal effect (see republication notes at head of the republication).

Granular amendment references (from amendment history endnote 4):

• s 3 (Dictionary) was substituted and relocated by A2002‑30 amdt 3.574 and further related relocations amdt 3.573-3.575;
• s 4A (Offences against Act,application of Criminal Code etc) was inserted by A2005‑54 amdt 1.206;
• s 5 (Assembly precincts) was amended by A2017‑41 ss 21-22;
• s 7A (Licences) was inserted by A2006‑20 s 4 and amended/renumbered by A2017‑41 s 23;
• s 9 (Removal of people) had amendments in A2002‑53 s 4 and A2017‑41 s 24;
• s 10 (Contravention of Speaker’s direction) was substituted by A2005‑54 amdt 1.207;
• s 11 (Application of Crimes Act, s 154) was substituted by A2005‑53 amdt 2.24;
• s 11A and s 11B were inserted by A2006‑20 s 5;
• dictionary entries were ins/sub/relocated by A2002‑30 (amendment history entries).

Practical implications of amendments:

• The insertion of s 7A and ss 11A-11B in 2006 institutionalised a written licence regime and administrative oversight mechanisms (forms, fees) that did not exist in the original Act. The 2005 amendments harmonised criminal offence treatment with the Criminal Code. The 2017 amendments refined the physical description of precincts and adjusted other operational wording.

For legal research or advisory work, the amendment history in endnotes 3 and 4 should be used to track whether particular provisions were present at specific times or to understand how delegated or administrative powers were introduced and refined. The republication notes and amendment history also identify which amendments were editorial and which were substantive.

The republished text and endnotes provided do not record judicial decisions or statutory litigation history arising under the Legislative Assembly Precincts Act 2001. The endnotes supply only legislative history, amendment history and past republications (endnotes 3-5). There are no cases, reported judgments, or tribunal decisions cited or summarised in the republished law.

What the document does provide:

• a complete legislation history detailing enactment and amendment events (endnote 3);
• an amendment history describing insertions, substitutions and commencements (endnote 4);
• republication information listing prior republications and effective periods (endnote 5).

Absence of litigation in the republished Act:

• The republication itself does not include references to case law, judicial interpretation, or administrative decisions. Therefore, any analysis of how courts have interpreted s 7, s 9, s 10, the licence provisions in s 7A, or the application of Crimes Act s 154 to precincts must be conducted by separate research in legal databases and judgment repositories. The Act as republished is therefore silent on precedential interpretation; practitioners should search Territorian and relevant superior court databases for decisions that may have addressed these provisions.

Operational note for advisers:

• Because the Act confers operational discretion (notably s 7) and enforcement powers (s 9, s 10) and imports criminal law principles (s 4A) and Crimes Act s 154 (s 11), litigation is plausible in practice over questions such as: the legality of particular Speaker directions; the scope of the Speaker’s delegation; the lawfulness of use of force in removals; negligent conduct by delegates; and the application of Criminal Code mental element rules to s 10 offences. The republished Act, however, does not record any such litigation; locating any relevant decisions will require case law research outside the republished law.

Recommendation:

• If litigation risk or precedent is material to an advisory task, obtain up‑to‑date case law searches in ACT courts and the Federal and High Court databases, and check administrative law reports and tribunal decisions for any challenges to Speaker directions, licence decisions, or removal incidents.

The Act’s brevity concentrates power and administrative detail into a few provisions; that concentration produces a number of practical pitfalls that advisers and administrators should treat as concrete legal risk points.

Broad discretionary language:

• s 7(1) permits the Speaker to take "any action the Speaker considers necessary" for control and management. That breadth leaves significant operational discretion and few statutory process constraints. Administrative action taken under that rubric may still be subject to judicial review and common law limits, but the Act does not itself prescribe procedural guardrails such as notice, hearing, or appeal mechanisms.

Expansion mechanism via s 6:

• Section 6 allows the Speaker to certify that property leased to or managed by the Territory is required for Assembly use, after which regulations may declare the property part of the precincts (s 6(1)-(2)). The two‑step mechanism (certificate + regulation) means that areas not physically contiguous with the core precincts can be added, potentially subjecting private uses or leased premises to the Act’s access, licensing and offence regime. Licence applicants should check for any recent regulatory declarations.

Forms and mandatory use:

• If an approved form exists for a licence, it must be used (note to s 7A; s 11B(2)). Failure to use the approved form could invalidate the licence application process or create procedural challenge grounds. Approved forms are notifiable instruments (s 11B(3) note), so they will be published; practitioners must monitor notifiable instruments.

Fees subject to disallowance:

• Fees set by the Speaker under s 11A are disallowable instruments and hence subject to Assembly scrutiny and potential disallowance (s 11A(1)-(2) notes). Fee schedules may be politically sensitive or administratively revoked; licence agreements that assume stable fee structures should account for disallowance risk.

Liability shift and insurance exposure:

• s 9(4) transfers civil liability for otherwise Speaker‑attributable acts to the Territory. That shifts the legal defendant but does not insulate the Office from reputational, budgetary or insurance consequences. The immunity in s 9(3) applies only to acts done "honestly and without negligence"; negligence remains actionable and could implicate delegates or the Territory’s duty to train and supervise staff.

Criminal liability for omissions:

• s 10(2) expressly captures omissions as conduct. A person may therefore be criminally liable for failing to act in compliance with a Speaker’s direction. Advisers must be careful with passive non‑compliance scenarios.

Delegation limits:

• Delegation of licence and removal functions is limited to specific officer classes and security staff (s 7A(4); s 9(5)). Delegations outside those classes, or to external contractors, would require careful legal footing and likely refer to the Legislation Act’s delegation procedures (note to s 9(5)). Improper delegations risk procedural invalidity.

Executive area and inter‑branch agreement:

• s 8 requires the Speaker to exercise functions in relation to an Executive area in accordance with any written agreement with the Chief Minister. That creates potential inter‑branch tension if the Assembly or Speaker’s licence or removal decisions impinge on Executive uses; written agreements should be explicit about limits and operational arrangements.

No express internal review or appeal:

• The Act contains no statutory internal review mechanism for licence refusals, conditions, or directions to leave. This absence means remedies, if any, will be sought through general administrative law channels or political mechanisms (Assembly resolution), not via an Act‑based tribunal or appeal right.

Instrument status and timing:

• Determinations (fees) are disallowable instruments and approved forms are notifiable instruments; both must be tabled and published under the Legislation Act. Failure to notify or table correctly could affect enforceability; administrators should follow prescribed notification procedures.

Crimes Act importation:

• s 11 applies Crimes Act 1900, s 154 to precincts. The practical contents of s 154 are not reproduced in this Act; users must consult the Crimes Act to understand the offences that now apply to the precincts.

Penalty unit variances:

• The republication note records a penalty unit value for the republication date. Penalty unit values change over time; enforcement and fine quantum calculations must use the current statutory penalty unit value (Legislation Act, s 133).

Recordkeeping obligations and public transparency:

• The Act requires written licences (s 7A(2)) and mandates approved forms where present, but does not otherwise specify recordkeeping or publication requirements for licences. Practically, maintaining clear, dated written licences and records of delegated actions will be critical for defending any civil or criminal challenges.

In practice, these "gotchas" translate into concrete checklist items for administrators and lawyers: confirm the current scope of precincts, use approved forms, check fee determinations, ensure delegations are valid and to authorised staff, document removal decisions, verify Executive area agreements, and prepare for litigation via general administrative law rather than any Act‑specific appeal route.

Compliance under this Act is largely an administrative exercise centred on proper use of the Speaker’s licensing regime, adherence to Speaker directions, valid delegation practices, and instrument governance. The following practical steps translate statutory duties into an implementable compliance programme.

1. Confirm precinct boundaries and any declared additions

• Consult the current Act (s 5) and any regulations made under s 12 that declare additional property part of the Assembly precincts under s 6. Keep an up‑to‑date register of areas treated as precincts, including any part of Civic Square under the public entrance canopy and any property declared under s 6(2).

2. Use written licences and approved forms

• Ensure all uses of precinct space are authorised by a written licence that complies with s 7A(2): identify the licensee, state the part of the precincts, the use and the period. If an approved form exists under s 11B, use it (s 11B(2)). Store executed licences in a secure, auditable system.

3. Check for fees and ensure correct instrument handling

• Before accepting licence applications or granting rights, confirm whether the Speaker has determined fees under s 11A and, if so, what those fees are. Treat fee determinations as disallowable instruments under the Legislation Act , monitor for any disallowance events (s 11A note). Ensure approved forms are used and are the current notified instruments (s 11B note).

4. Valid delegations and staff training

• If the Speaker delegates functions under ss 7A(4) or 9(5), confirm the delegate is authorised by occupation classification (clerk, senior officer grade C or equivalent, or security staff as specified) and that delegations comply with the Legislation Act’s delegation rules (note to s 9(5)). Provide training for delegates on appropriate use of force standards, removal procedures, and recordkeeping to avoid negligent conduct which would void immunity under s 9(3).

5. Document Executive area agreements

• If any part of the precincts is reserved as an Executive area, ensure there is a written agreement between the Speaker and Chief Minister setting limitations and conditions, and confirm that any exercise of functions respects those limits (s 8). Keep signed copies and operational schedules.

6. Manage removals and use of force carefully

• When arranging removal or exclusion under s 9(2), use only necessary and reasonable force. Document contemporaneous facts, witnesses, and the legal basis for the direction. Maintain incident reports and preserve CCTV and other evidence. Because civil liability attaches to the Territory (s 9(4)), ensure that incident files are provided to relevant Territory insurers and legal teams.

7. Prevent and respond to contraventions

• Communicate clearly to the public and licensees that Speaker directions must be obeyed, and that contravention is a criminal offence (s 10). For licence holders, include express clauses on compliance with Speaker directions, termination on breach, and indemnities where appropriate.

8. Monitor instruments and regulations

• Regularly monitor the Legislation Register for any disallowable or notifiable instruments under this Act (fees, approved forms) and for regulations made under s 12. Keep a compliance calendar for tabling deadlines, disallowance periods and notification requirements under the Legislation Act.

9. Insurance and liability planning

• Recognise that civil liability for authorised removal actions attaches to the Territory (s 9(4)). Confirm that public liability and indemnity arrangements cover authorised removal activities, and ensure insurance providers have sight of operational policies and training regimes to mitigate negligence risk.

10. Retain records and ensure transparency

• Keep a clear audit trail: copies of licences, certificates under s 6 (if any), delegation instruments, Chief Minister agreements (s 8), incident reports, and correspondence regarding directions and removals. Because the Act mandates written form for licences and contemplates approved forms, these records will be central in defending any litigation or administrative challenge.

11. Legal review and readiness for criminal enforcement

• For matters that may involve criminal enforcement (s 10) or the application of Crimes Act s 154 (s 11), coordinate with prosecutorial authorities and legal counsel to ensure evidence standards meet Criminal Code requirements (s 4A). Maintain procedures for preserving evidence and witness statements in a manner compatible with criminal prosecutions.

12. Liaise with Assembly and Office of the Legislative Assembly

• Because the Assembly can direct the Speaker under s 7(2)-(3), and because determinations and forms are subject to Assembly processes, maintain communication channels with Assembly officers to anticipate policy changes, fee disallowances, or procedural instructions from the Assembly.

Practical templates and checklist items:

• Standard written licence template meeting s 7A(2) content requirements and reflecting any approved form;
• Delegation register documenting delegations under ss 7A(4) and 9(5) and referencing the Legislation Act delegation mechanism;
• Incident report template for removal events, including factual narrative, legal basis, witnesses, evidence preservation checklist, and post‑incident review;
• Fee schedule monitoring process for disallowance window and an escalation protocol for contested fee determinations.

In short, compliance is an administrative discipline: use the written licence regime correctly, observe instrument procedural rules (disallowance/notifiable), ensure delegates are properly appointed and trained, document removals and directions comprehensively, and co‑ordinate with Assembly processes and the Chief Minister where an Executive area is implicated.