Australian Capital Territory
Protection of Public Participation
Act 2008
A2008-48
Republication No 5
Effective: 24 August 2016
Republication date: 24 August 2016
Last amendment made by A2016-49
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 Protection of Public Participation Act 2008 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
24 August 2016. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 24 August 2016.
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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Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Protection of Public Participation
Act 2008
Contents
Page
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Purpose of Act 2
6 Meaning of improper purpose 3
7 Meaning of public participation 3
8 Application of Act 4
9 Civil penalty 5
10 Regulation-making power 5
Contents
Page
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Dictionary 6
Endnotes
1 About the endnotes 7
2 Abbreviation key 7
3 Legislation history 8
4 Amendment history 8
5 Earlier republications 9
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Australian Capital Territory
Protection of Public Participation
Act 2008
An Act about protection for participation in public debate and matters of public
interest
Section 1
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1 Name of Act
This Act is the Protection of Public Participation Act 2008.
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 terms used in this
Act, and includes references (signpost definitions) to other terms
defined elsewhere in this Act.
For example, the signpost definition ‘improper purpose—see
section 6.’ means that the term ‘improper purpose’ is defined in that
section.
Note 2 A definition in the dictionary (including a signpost definition) 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, 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 the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
5 Purpose of Act
The purpose of this Act is to protect public participation, and
discourage certain civil proceedings that a reasonable person would
consider interfere with engagement in public participation.
Section 6
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6 Meaning of improper purpose
For this Act, a proceeding is started or maintained against a person
(the defendant) for an improper purpose if a reasonable person
would consider that the main purpose for starting or maintaining the
proceeding is—
(a) to discourage the defendant (or anyone else) from engaging in
public participation; or
(b) to divert the defendant's resources away from engagement in
public participation to the proceeding; or
(c) to punish or disadvantage the defendant for engaging in public
participation.
7 Meaning of public participation
(1) In this Act:
public participation means conduct that a reasonable person would
consider is intended (in whole or part) to influence public opinion,
or promote or further action by the public, a corporation or
government entity in relation to an issue of public interest.
(2) However, public participation does not include conduct—
(a) that contravenes a court order or constitutes contempt of court;
or
(b) that constitutes unlawful vilification under the Discrimination
Act 1991, section 67A; or
(c) that constitutes an offence against the Criminal Code,
section 750 (Serious vilification); or
(d) that causes, or is reasonably likely to cause, physical injury or
damage to property; or
(e) that constitutes unlawful entry at residential premises; or
Section 8
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(f) that constitutes an offence punishable by imprisonment for
longer than 12 months; or
(g) if—
(i) the conduct is communication by a party to an industrial
dispute between an employer and employee, former
employee, contractor or agent; and
(ii) the communication relates to the subject matter of the
dispute; or
(h) that constitutes the advertising of goods or services for
commercial purposes; or
(i) that incites others to engage in conduct mentioned in
paragraphs (a), (b), (c), (d), (e) or (f).
(3) Subsection (2) applies in relation to a person’s conduct whether or
not the person has been convicted or found guilty of an offence for
the conduct.
8 Application of Act
(1) This Act applies in relation to a civil proceeding in the Supreme
Court or Magistrates Court in which the plaintiff may claim
damages.
(2) However, this Act does not apply in relation to any of the following:
(a) a cause of action for defamation;
(b) a proceeding prescribed by regulation.
Section 9
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9 Civil penalty
(1) This section applies if—
(a) a person (the plaintiff) starts or maintains a proceeding to
which this Act applies against someone else (the defendant) in
relation to the defendant’s conduct; and
(b) the court is satisfied that—
(i) the defendant’s conduct is public participation; and
(ii) the proceeding is started or maintained against the
defendant for an improper purpose.
(2) The court may order the plaintiff to pay to the Territory a financial
penalty of not more than the amount (if any) prescribed by
regulation.
(3) The financial penalty must be worked out in accordance with a
regulation.
(4) The court may make an order under subsection (2)—
(a) on application by the Territory; or
(b) on its own initiative.
Note If a proceeding is for an improper purpose, the court’s power to award
costs of the proceeding includes power to order that the costs be
assessed on an indemnity basis (see Court Procedures Rules 2006,
r 1752).
10 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.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
Magistrates Court
must (see s 146)
proceeding
Supreme Court
under.
conduct includes communication.
government means the Territory, the Commonwealth, a State,
another Territory or a local government of a State.
government entity includes—
(a) an instrumentality, officer or employee of the government; and
(b) a contractor or anyone else who exercises a function on behalf
of the government.
improper purpose—see section 6.
public participation—see section 7.
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
Protection of Public Participation Act 2008 A2008-48
notified LR 11 September 2008
s 1, s 2 commenced 11 September 2008 (LA s 75 (1))
remainder commenced 12 September 2008 (s 2)
as amended by
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.44
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 3 pt 3.44 commenced 12 December 2011 (s 2)
Discrimination Amendment Act 2016 A2016-49 sch 1 pt 1.4
notified LR 23 August 2016
s 1, s 2 commenced 23 August 2016 (LA s 75 (1))
sch 1 pt 1.4 commenced 24 August 2016 (s 2 (1))
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Meaning of public participation
s 7 am A2016-49 amdt 1.21, amdt 1.22; pars renum R5 LA
Application of Act
s 8 s (2) (c), (3) exp 12 September 2009 (s 8 (3))
Civil penalty
s 9 am A2011-52 amdt 3.165
Review of Act
s 11 exp 1 January 2014 (s 11 (3))