sec.51Proceeding for offence against s 50

sec.51 Proceeding for offence against s 50

A prosecution for an offence against section 50 shall be by way of summary proceedings under the Justices Act 1886 upon the complaint of the Clerk. In any proceeding for an offence against section 50 — an allegation in a complaint that a direction had been given by a person at the direction of the Speaker shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the allegation; it shall not be necessary to prove the appointment of the Clerk or that a person is an authorised person (within the meaning of section 50 ) in the absence of evidence that challenges that appointment or authorisation; an averment in a complaint that any act, matter or thing was done or omitted within the parliamentary precinct shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment; despite the Parliament of Queensland Act 2001 , section 8 , evidence may be given of a direction made or purportedly made by the Speaker or a person authorised under section 50 (5) during proceedings in the Assembly. All penalties and expenses recovered pursuant to a proceeding for an offence against section 50 shall be paid into and form part of the funds of the Legislative Assembly. In this section— proceedings in the Assembly see the Parliament of Queensland Act 2001 , section 9 . s 51 amd 1995 No. 38 s 35 sch 1 ; 2023 No. 31 s 9 (sec.51-ssec.1) A prosecution for an offence against section 50 shall be by way of summary proceedings under the Justices Act 1886 upon the complaint of the Clerk. (sec.51-ssec.2) In any proceeding for an offence against section 50 — an allegation in a complaint that a direction had been given by a person at the direction of the Speaker shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the allegation; it shall not be necessary to prove the appointment of the Clerk or that a person is an authorised person (within the meaning of section 50 ) in the absence of evidence that challenges that appointment or authorisation; an averment in a complaint that any act, matter or thing was done or omitted within the parliamentary precinct shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment; despite the Parliament of Queensland Act 2001 , section 8 , evidence may be given of a direction made or purportedly made by the Speaker or a person authorised under section 50 (5) during proceedings in the Assembly. (sec.51-ssec.3) All penalties and expenses recovered pursuant to a proceeding for an offence against section 50 shall be paid into and form part of the funds of the Legislative Assembly. (sec.51-ssec.4) In this section— proceedings in the Assembly see the Parliament of Queensland Act 2001 , section 9 .

• (a) an allegation in a complaint that a direction had been given by a person at the direction of the Speaker shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the allegation;