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This Act may be cited as the Parliamentary Papers Act 1908.
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Commonwealth act
This Act lets either House, a joint sitting or a parliamentary Committee authorise the publication of documents or evidence, and deems the Government Printer authorised to publish when printing is ordered. Publications made under that authority are protected from civil or criminal proceedings; a court must stay proceedings on production of a parliamentary certificate and affidavit and may order the plaintiff to pay the defendant’s defence costs.
Parliament decides what may be published; authorised publishers gain legal immunity; the Act preserves existing parliamentary privileges and limits protection to documents from the dates stated in the Act.
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Direct links to the current provisions in Parliamentary Papers Act 1908.
This Act may be cited as the Parliamentary Papers Act 1908.
In this Act:
Committee means a Committee of either House or of both Houses of the Parliament.
joint sitting means a joint sitting of the members of the Senate and of the House of Representatives convened by the Governor‑General in pursuance of section 57 of the Constitution or held pursuant to any Act.
(1) It shall be lawful for the Senate, the House of Representatives or a joint sitting to authorize the publication of any document laid before it. (1A) Where a document is dealt with in such a manner that, in accordance with the rules or orders of a House of the Parliament, it is to be deemed to have been presented to that House, the document shall, for the purposes of the last preceding subsection, be deemed to have been laid before that House. (2) It shall be lawful for a Committee to authorize the publication of any document laid before it or of any evidence given before it.
(1) When either House of the Parliament or a Committee has ordered a document or evidence to be printed, that House or Committee shall be deemed, unless the contrary intention appears in the order, to have authorized the Government Printer to publish the document or evidence. (2) Each House of the Parliament shall be deemed to have authorized the Government Printer to publish the reports of the debates and proceedings in that House. (3) Where a joint sitting orders a document or evidence to be printed, the joint sitting shall be deemed, unless the contrary intention appears in the order, to have authorized the Government Printer to publish the document or evidence. (4) A joint sitting shall be deemed to have authorized the Government Printer to publish the reports of the debates and proceedings of the joint sitting.
(1) No action or proceeding, civil or criminal, shall lie against any person for publishing any document or evidence published under an authority given in pursuance of section 2 or deemed by section 3 to have been given. (2) The defendant, in any action or prosecution commenced in respect of the publication of any document or evidence published under an authority given in pursuance of section 2 or deemed by section 3 to have been given, may bring before the court in which the action or prosecution is pending or before any judge thereof, first giving twenty‑four hours’ notice of his intention so to do to the plaintiff or prosecutor, a certificate under the hand of the President or Clerk of the Senate, the Speaker or Clerk of the House of Representatives, or the Chairman of the Committee, as the case requires, or, in the case of a document or evidence published under an authority given or deemed to have been given by a joint sitting, a certificate under the hand of the person who presided at the joint sitting, the Clerk of the Senate or the Clerk of the House of Representatives, stating that the document or evidence in respect of which the action or prosecution has been commenced was published under that authority, together with an affidavit verifying the certificate, and the court or judge shall thereupon immediately stay the action or prosecution and may order the plaintiff or prosecutor to pay the defendant his costs of defence.
The protection afforded by this Act shall apply to documents published by the authority of either House of the Parliament after the second day of July One thousand nine hundred and seven and to documents and evidence published by the authority of a Committee after the twenty‑third day of September, One thousand nine hundred and forty‑three.
Nothing in this Act shall derogate from any power or privilege of either House of the Parliament, or of the Members or Committees of either House, as existing at the commencement of this Act.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Parliamentary Papers Act 1908.
In this Act:
Committee means a Committee of either House or of both Houses of the Parliament.
joint sitting means a joint sitting of the members of the Senate and of the House of Representatives convened by the Governor‑General in pursuance of section 57 of the Constitution or held pursuant to any Act.
(1) It shall be lawful for the Senate, the House of Representatives or a joint sitting to authorize the publication of any document laid before it. (1A) Where a document is dealt with in such a manner that, in accordance with the rules or orders of a House of the Parliament, it is to be deemed to have been presented to that House, the document shall, for the purposes of the last preceding subsection, be deemed to have been laid before that House. (2) It shall be lawful for a Committee to authorize the publication of any document laid before it or of any evidence given before it.
(1) When either House of the Parliament or a Committee has ordered a document or evidence to be printed, that House or Committee shall be deemed, unless the contrary intention appears in the order, to have authorized the Government Printer to publish the document or evidence. (2) Each House of the Parliament shall be deemed to have authorized the Government Printer to publish the reports of the debates and proceedings in that House. (3) Where a joint sitting orders a document or evidence to be printed, the joint sitting shall be deemed, unless the contrary intention appears in the order, to have authorized the Government Printer to publish the document or evidence. (4) A joint sitting shall be deemed to have authorized the Government Printer to publish the reports of the debates and proceedings of the joint sitting.
(1) No action or proceeding, civil or criminal, shall lie against any person for publishing any document or evidence published under an authority given in pursuance of section 2 or deemed by section 3 to have been given. (2) The defendant, in any action or prosecution commenced in respect of the publication of any document or evidence published under an authority given in pursuance of section 2 or deemed by section 3 to have been given, may bring before the court in which the action or prosecution is pending or before any judge thereof, first giving twenty‑four hours’ notice of his intention so to do to the plaintiff or prosecutor, a certificate under the hand of the President or Clerk of the Senate, the Speaker or Clerk of the House of Representatives, or the Chairman of the Committee, as the case requires, or, in the case of a document or evidence published under an authority given or deemed to have been given by a joint sitting, a certificate under the hand of the person who presided at the joint sitting, the Clerk of the Senate or the Clerk of the House of Representatives, stating that the document or evidence in respect of which the action or prosecution has been commenced was published under that authority, together with an affidavit verifying the certificate, and the court or judge shall thereupon immediately stay the action or prosecution and may order the plaintiff or prosecutor to pay the defendant his costs of defence.
The protection afforded by this Act shall apply to documents published by the authority of either House of the Parliament after the second day of July One thousand nine hundred and seven and to documents and evidence published by the authority of a Committee after the twenty‑third day of September, One thousand nine hundred and forty‑three.
Nothing in this Act shall derogate from any power or privilege of either House of the Parliament, or of the Members or Committees of either House, as existing at the commencement of this Act.