Parliamentary Papers Act 1992


Queensland Crest
PARLIAMENTARY PAPERS ACT 1992
Queensland PARLIAMENTARY PAPERS ACT 1992 Reprinted as in force on 6 June 2002 (includes amendments up to Act No. 38 of 1995) This is the reprint current on the repeal date Reprint No. 1B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 6 June 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints.
Queensland PARLIAMENTARY PAPERS ACT 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Meaning of “proceedings in Parliament” . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 House or committee may authorise publication . . . . . . . . . . . . . . . . . . . . . . 4 5 Authority for Government Printer to publish . . . . . . . . . . . . . . . . . . . . . . . . 5 6 House taken to have authorised certain publications. . . . . . . . . . . . . . . . . . . 5 7 Tabled, unprinted documents may be read etc. . . . . . . . . . . . . . . . . . . . . . . . 6 8 Publication of fair report of tabled document . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Certificates relating to proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 No liability for publishing under authority of House or committee . . . . . . . 8 11 Reports of debates taken to be true and correct record . . . . . . . . . . . . . . . . . 8 12 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Privileges of Parliament not affected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 9 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
s1 3 s2 Parliamentary Papers Act 1992 PARLIAMENTARY PAPERS ACT 1992 [as amended by all amendments that commenced on or before 6 June 2002] An Act relating to the publication of parliamentary papers 1 Short title This Act may be cited as the Parliamentary Papers Act 1992 . 2 Definitions In this Act— “authorising person” means— (a) the Speaker; or (b) the chairperson of a committee; or (c) the Clerk; or (d) the Chief Reporter; “Chief Reporter” means the Chief Reporter, Parliamentary Reporting Staff; “Clerk” means the Clerk of the Parliament; “committee” means a committee of the House; “Government Printer” means the Government Printer of Queensland, and includes another person authorised by the House to print the document or evidence concerned; “House” means the Legislative Assembly; “inquiry” means an inquiry held under the authority of the House; “member” means a member of the House; “Speaker” means the Speaker of the Legislative Assembly.
s3 4 s4 Parliamentary Papers Act 1992 3 Meaning of “proceedings in Parliament” (1) This section applies for the purposes of— (a) article 9 of the Bill of Rights (1688) as applying to the Queensland Parliament; and (b) this Act. (2) All words spoken and acts done in the course of, or for the purposes of or incidental to, transacting business of the House or a committee are “proceedings in Parliament” . (3) Without limiting subsection (2), “proceedings in Parliament” include— (a) giving evidence before the House, a committee or an inquiry; and (b) evidence given before the House, a committee or an inquiry; and (c) presenting or submitting a document to the House, a committee or an inquiry; and (d) a document laid before, or presented or submitted to, the House, a committee or an inquiry; and (e) preparing a document for the purposes of, or incidental to, transacting business mentioned in paragraph (a) or (c); and (f) preparing, making or publishing a document (including a report) under the authority of the House or a committee; and (g) a document (including a report) prepared, made or published under the authority of the House or a committee. (4) If a document is dealt with in a way that, under an Act or the rules, orders, directions or practices of the House, the document is treated or accepted as having been laid before the House for any purpose, then, for the purposes of this Act, the document is taken to be laid before the House. 4 House or committee may authorise publication (1) The House may authorise the publication of a document relating to proceedings in Parliament. (2) A committee may authorise publication of— (a) evidence given before the committee; or (b) a document presented or submitted to the committee; or
s5 5 s6 Parliamentary Papers Act 1992 (c) a document (including a report) prepared or made by the committee. (3) This section does not limit by implication any other power Parliament may have to authorise the publication of a document. 5 Authority for Government Printer to publish If the House or a committee orders or otherwise authorises evidence or a document to be printed, then, unless the order or other authority otherwise expressly provides, the House or the committee is taken to have authorised the Government Printer to publish the evidence or document. 6 House taken to have authorised certain publications (1) The House is taken to have authorised a person to whom this section applies to publish parliamentary documents. (2) The authority conferred by subsection (1) extends to— (a) the doing of all acts preparatory to, and for the purposes of, publication; and (b) all forms of publication. (3) In this section— “document” includes— (a) a copy of a document; and (b) a part of a document; and (c) an abstract of, or extract from, a document; if the copy, part, abstract or extract is published with the authority of an authorising person; “person to whom this section applies” means— (a) a member or a person acting on behalf of a member; or (b) the Clerk; or (c) an officer or employee of the Parliamentary Service acting in the course of the person’s duties; or (d) the Government Printer; or
s7 6 s8 Parliamentary Papers Act 1992 (e) an officer or employee of the Government Printer acting in the course of the person’s duties. “parliamentary document” means— (a) the Votes and Proceedings; or (b) the Notices of Motion and Orders of the Day; or (c) the Notices of Questions; or (d) Hansard reports of proceedings in the House, a committee or an inquiry; or (e) another document that is published with the authority of an authorising person. (4) For the purposes of this Act, a document that purports to be a parliamentary document is taken to be such a document unless the contrary is proved. 7 Tabled, unprinted documents may be read etc. (1) A person may read any document that is laid before the House by a member, but is not ordered or otherwise authorised by the House to be printed. (2) The person may make a copy of, take an extract from, or take notes of, the document. (3) A person does not incur any civil or criminal liability for the doing by the person or another person of an act permitted to be done under this section. 8 Publication of fair report of tabled document (1) A person does not incur any civil or criminal liability for the publication of a fair report of a document that is laid before the House by a member with— (a) the express permission of the Speaker; or (b) the leave of the House. (2) Subsection (1) applies to a document whether or not the House orders or otherwise authorises the document to be printed.
s9 7 s9 Parliamentary Papers Act 1992 9 Certificates relating to proceedings (1) A certificate purporting to be signed by an authorising person, and stating any 1 or more of the matters mentioned in subsection (2) is evidence of those matters. (2) The matters for the purpose of subsection (1) are— (a) that evidence was given before the House, a committee or an inquiry; and (b) that a document was presented or submitted to the House, a committee or an inquiry; and (c) that a document was laid before, or presented or submitted to, the House, a committee or inquiry; and (d) that a document was prepared for the purposes of, or incidental to, transacting business mentioned in section 3(3)(a) or (c); and (e) that a document (including a report) was prepared, made or published under the authority of the House, a committee or inquiry; and (f) that a committee authorised publication of evidence; and (g) that the House or a committee authorised the Government Printer to publish evidence or a document; and (h) that a person is a person to whom section 6 applies; and (i) that a thing is a document, or a parliamentary document, for the purposes of section 6; and (j) that an act was preparatory to, or for the purposes of, publication of a thing that is a parliamentary document for the purposes of section 6; and (k) that a document was laid before the House by a member, but was not ordered or otherwise authorised by the House to be printed; and (l) that a document was laid before the house by a member with— (i) the express permission of the Speaker; or (ii) the leave of the House; and (m) that a person is an authorising person; and (n) that a person is the Government Printer.
s 10 8 s 13 Parliamentary Papers Act 1992 10 No liability for publishing under authority of House or committee (1) A person does not incur any civil or criminal liability for publishing evidence or a document by order or under the authority of the House or a committee. (2) If a proceeding is brought for a publication to which subsection (1) applies, the defendant may produce to the court a certificate— (a) signed by an authorising person; and (b) stating that the publication is a publication to which that subsection applies. (3) Before producing the certificate, the defendant must give the plaintiff or prosecutor and any other defendant 24 hours notice of the defendant’s intention to produce the certificate. (4) On production of the certificate, the court must dismiss the proceeding and may order the plaintiff or prosecutor to pay the defendant’s costs. (5) This section does not affect any other defence available to the defendant. 11 Reports of debates taken to be true and correct record (1) Reports of the debates in the House published by order or under the authority of the House may be received in evidence as a true and accurate record of what happened in the House. (2) Evidence must not be admitted contradicting, adding to or otherwise impugning the accuracy of the reports. 12 Application of Act This Act applies to evidence and documents published after its commencement. 13 Privileges of Parliament not affected Nothing in this Act derogates from any power, privilege or immunity of the House or its members or committees.
9 Parliamentary Papers Act 1992 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 6 June 2002. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered
10 Parliamentary Papers Act 1992 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. 1 1A Amendments included none to Act No. 38 of 1995 Reprint date 1 August 1992 25 June 1996 5 List of legislation Parliamentary Papers Act 1992 No. 32 date of assent 2 July 1992 commenced on date of assent rep 6 June 2002 (2001 No. 81 s 125) amending legislation— Parliamentary Committees Act 1995 No. 38 ss 1, 35 sch 1 date of assent 15 September 1995 commenced on date of assent 6 List of annotations House taken to have authorised certain publications s 6 amd 1995 No. 38 s 35 sch 1 © State of Queensland 2002