Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Legislative Assembly Precincts
Act 2001
A2001-85
Republication No 7
Effective: 14 November 2017
Republication date: 14 November 2017
Last amendment made by A2017-41
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 Precincts Act 2001 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
14 November 2017. It also includes any commencement, amendment, repeal or expiry
affecting this republished law to 14 November 2017.
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 includes 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 $150 for
an individual and $750 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Legislative Assembly Precincts
Act 2001
Contents
Page
1 Name of Act 2
3 Dictionary 2
4 Notes 2
4A Offences against Act—application of Criminal Code etc 2
5 Assembly precincts 3
6 Premises included in Assembly precincts 3
7 Control and management of Assembly precincts 3
7A Licences 4
8 Executive area 5
9 Removal of people 5
10 Contravention of Speaker’s direction 6
11 Application of Crimes Act, s 154 6
11A Determination of fees 7
11B Approved forms 7
Contents
Page
contents 2 Legislative Assembly Precincts Act 2001
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12 Regulation-making power 7
Dictionary 8
Endnotes
1 About the endnotes 9
2 Abbreviation key 9
3 Legislation history 10
4 Amendment history 11
5 Earlier republications 12
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Australian Capital Territory
Legislative Assembly Precincts
Act 2001
An Act about the precincts of the Legislative Assembly
Section 1
page 2 Legislative Assembly Precincts Act 2001
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1 Name of Act
This Act is the Legislative Assembly Precincts 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 this Act.
Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of
notes.
4A Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms
used for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Section 5
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5 Assembly precincts
(1) The Assembly precincts consist of the land described in
subsection (2) and all buildings, structures and works on, above or
under any of that land.
(2) The land within the Assembly precincts is—
(a) block 3, section 19, division of City, Canberra Central District;
and
(b) that part of Civic Square under the public entrance canopy.
(3) In this section:
Assembly building means the building occupying block 3,
section 19, division of City, Canberra Central District.
public entrance canopy means the fixed canopy attached to the
northern side of the Assembly building near the public entrance.
6 Premises included in Assembly precincts
(1) This section applies to property that is leased to or managed by the
Territory and is not within the Assembly precincts defined by
section 5.
(2) If the Speaker gives a written certificate that stated property is
required for use by the Assembly, the regulations may declare that
the property is to be treated as part of the Assembly precincts for
this Act.
7 Control and management of Assembly precincts
(1) The Speaker is responsible for the control and management of the
Assembly precincts and may take any action the Speaker considers
necessary for those purposes.
(2) The Assembly may, by resolution, give the Speaker directions about
the exercise of the Speaker’s functions under subsection (1).
Section 7A
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(3) If the Legislative Assembly gives a direction under subsection (2),
the Speaker must comply with the direction.
7A Licences
(1) The Speaker may, on behalf of the Territory—
(a) grant a licence to a person to use any part of the Assembly
precincts; and
(b) exercise any rights of the Territory in relation to the licence.
Note 1 If a form is approved under s 11B for a licence, the form must be used.
Note 2 A fee may be determined under s 11A for this provision.
(2) A licence under subsection (1) must—
(a) be in writing; and
(b) identify the licensee; and
(c) state—
(i) the part of the Assembly precincts to which it applies; and
(ii) the use and period for which it applies.
(3) A licence under subsection (1) is subject to any condition stated in
the licence.
(4) The Speaker may delegate the Speaker’s functions under this section
to—
(a) the clerk of the Legislative Assembly; or
(b) a member of staff of the Office of the Legislative Assembly
who has an employment classification of senior officer grade C
or above, or an equivalent classification.
(5) In this section:
Assembly precincts includes anything within the precincts.
Section 8
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8 Executive area
(1) The Speaker’s functions under section 7 must be exercised in
relation to the Executive area in accordance with any limitations and
conditions agreed in writing between the Speaker and the Chief
Minister.
(2) In this section:
Executive area means the area of the Assembly precincts reserved
for the use of the Executive by a written agreement between the
Speaker and the Chief Minister.
9 Removal of people
(1) The Speaker may direct a person who is not a member—
(a) to leave the Assembly precincts; or
(b) not to enter the Assembly precincts.
(2) The Speaker may arrange for the removal or exclusion from the
Assembly precincts of a person given a direction under
subsection (1) using any necessary and reasonable force and
assistance.
(3) 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 this section.
(4) A civil liability that would, apart from this section, attach to the
Speaker, or a person acting under the direction of the Speaker,
attaches instead to the Territory.
Section 10
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(5) The Speaker may delegate the Speaker’s functions under this section
to—
(a) the clerk of the Legislative Assembly; or
(b) a member of staff of the Office of the Legislative Assembly
who has an employment classification of senior officer grade C
or above, or an equivalent classification; or
(c) a member of staff of the Office of the Legislative Assembly
who is responsible for the security of the Legislative
Assembly.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
10 Contravention of Speaker’s direction
(1) A person must not engage in conduct that contravenes a direction by
the Speaker under section 9 (1).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) In this section:
engage in conduct means—
(a) do an act; or
(b) omit to do an act.
11 Application of Crimes Act, s 154
The Crimes Act 1900, section 154 (Additional offences on territory
premises) applies to the Assembly precincts as if they were
government premises within the meaning of that section.
Section 11A
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11A Determination of fees
(1) The Speaker may determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
11B Approved forms
(1) The Speaker may approve forms for this Act.
(2) If the Speaker approves a form for a particular purpose, the
approved form must be used for that purpose.
Note For other provision about forms, see the Legislation Act, s 255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
12 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, 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:
contravene
Executive
Legislative Assembly
Speaker.
Assembly means the Legislative Assembly.
Assembly precincts means—
(a) the precincts defined by section 5; and
(b) any property to which section 6 applies.
Speaker includes the Deputy Speaker if—
(a) the Speaker is absent from duty; or
(b) there is a vacancy in the office of the Speaker.
Endnotes
About the endnotes 1
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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
3 Legislation history
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3 Legislation history
Legislative Assembly Precincts Act 2001 A2001-85
notified LR 24 September 2001
s 1, s 2 commenced 24 September 2001 (LA s 75)
remainder commenced 24 March 2002 (s 2 and LA s 79)
as amended by
Statute Law Amendment Act 2002 A2002-30 pt 3.42
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.42 commenced 17 September 2002 (s 2 (1))
Legislative Assembly Precincts Amendment Act 2002 A2002-53
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
remainder commenced 21 December 2002 (s 2)
Criminal Code (Administration of Justice Offences) Amendment Act
2005 A2005-53 sch 2 pt 2.3
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 2 pt 2.3 commenced 23 November 2005 (s 2)
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.28
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.28 commenced 24 November 2005 (s 2)
Legislative Assembly Precincts Amendment Act 2006 A2006-20
notified LR 17 May 2006
s 1, s 2 commenced 17 May 2006 (LA s 75 (1))
remainder commenced 18 May 2006 (s 2)
Legislative Assembly Legislation Amendment Act 2017 A2017-41 pt 6
notified LR 13 November 2017
s 1, s 2 commenced 13 November 2017 (LA s 75 (1))
pt 6 commenced 14 November 2017 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Dictionary
s 3 sub A2002-30 amdt 3.574
defs reloc to dict A2002-30 amdt 3.573
Offences against Act—application of Criminal Code etc
s 4A ins A2005-54 amdt 1.206
Assembly precincts
s 5 am A2017-41 s 21, s 22
Licences
s 7A ins A2006-20 s 4
am A2017-41 s 23; ss renum R7 LA
Removal of people
s 9 am A2002-53 s 4; A2017-41 s 24
Contravention of Speaker’s direction
s 10 sub A2005-54 amdt 1.207
Application of Crimes Act, s 154
s 11 sub A2005-53 amdt 2.24
Determination of fees
s 11A ins A2006-20 s 5
Approved forms
s 11B ins A2006-20 s 5
Dictionary
dict ins A2002-30 amdt 3.575
def Assembly reloc from s 3 A2002-30 amdt 3.573
def Assembly precincts reloc from s 3 A2002-30 amdt 3.573
def Speaker reloc from s 3 A2002-30 amdt 3.573