Legislative Assembly Privileges Act 1987 (NI)

NORFOLK ISLAND

LEGISLATIVE ASSEMBLY PRIVILEGES ACT 1987

Act No. 21 of 1987 ________

TABLE OF PROVISIONS

1. Short title 2. Commencement 3. Repeal 4. Interpretation 5. Essential element of offences 6. Powers, privileges and immunities 7. Contempts by defamation abolished 8. Penalties imposed by the Assembly 9. Assembly not to expel members 10. Reports of proceedings 11. Publication of tabled papers 12. Protection of witnesses 13. Unauthorised disclosure of evidence 14. Immunities from arrest and attendance before Courts 15. Application of laws to Assembly building 16. Assembly privilege in proceedings 17. Certificates relating to proceedings

NORFOLK ISLAND

Legislative Assembly Privileges Act 1987 Act No. 21 of 1987 _______________________________________________________________________

An Act to declare the powers, privileges and immunities of the Legislative Assembly of Norfolk Island and of the members and committees of the Legislative Assembly, and for related purposes [Assented to 21 December 1987] BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows —

Short title 1. This Act may be cited as the Legislative Assembly Privileges Act 1987. Commencement 2. This Act shall come into operation on a date fixed by the Administrator by notice published in the Gazette. Repeal 3. The Legislative Assembly (Powers, Privileges and Immunities) Act 1979 is repealed. Interpretation 4. (1) In this Act, unless the contrary intention appears — "Assembly" means the Legislative Assembly of Norfolk Island; "Bill of Rights, 1688" means the Act 1 William and Mary session 2, chapter 2 of the Parliament of England; "committee" means — (a) a committee of the Assembly including a committee of the whole Assembly and a committee of the Assembly established by an enactment; or (b) a sub-committee of a committee referred to in paragraph (a); "document" includes — (a) any material containing meaningful symbols; (b) any article from which sound, visual images or writing is capable of being reproduced; and (c) a part of a document; "member" means a member of the Assembly; "proceedings" means an action, suit or any other proceeding, whether civil or criminal, in a Court or tribunal; "repealed Act" means the Legislative Assembly (Powers, Privileges and Immunities) Act 1979; "tribunal" means any person or body (other than the Assembly, a committee or a Court) having power to examine witnesses on oath, including a Royal Commission or other commission of inquiry having that power. (2) For the purposes of this Act, the submission of a written statement by a person to the Assembly or a committee shall, if so ordered by the Assembly or the committee, be deemed to be the giving of evidence in accordance with that statement by that person before the Assembly or committee. (3) In this Act, a reference to an offence against the Assembly is a reference to a breach of the privileges or immunities, or a contempt, of the Assembly or of the members or committees. Essential element of offences 5. (1) Conduct (including the use of words) does not constitute an offence against the Assembly unless it amounts, or is intended or likely to amount, to an improper interference with the free exercise by the Assembly or a committee of its authority or functions, or with the free performance by a member of the member's duties as a member. (2) The broadcasting or re-broadcasting of the proceedings of the Assembly does not constitute an offence against the Assembly. Powers, privileges and immunities 6. Except to the extent that this Act expressly provides otherwise, the powers (other than legislative powers), privileges and immunities of the Assembly, and of the members and the committees of the Assembly, as in force under the repealed Act immediately before the commencement of this Act, continue in force. Contempts by defamation abolished 7. (1) Words or acts shall not be taken to be an offence against the Assembly by reason only that those words or acts are defamatory or critical of the Assembly, a committee or a member. (2) Subsection (1) does not apply to words spoken or acts done in the presence of the Assembly or a committee.