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Constitution (Parliamentary Privilege) Bill
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 is the purposes clause for the Bill. The purposes of the Bill are to
enable certain reports and documents that may or are required to
be tabled before the Parliament to be published when Parliament
is not sitting and to provide that reports and documents published
in accordance with this Act attract Parliamentary Privilege.
Clause 2 is the commencement clause. The Act comes into operation on
the day after the day it receives the Royal Assent.
Clause 3 inserts new sections 74AB, 74AC, 74AD, 74AE, 74AF, 74AG
and 74AH into the Constitution Act 1975. Sections 74AB,
74AC, 74AD, 74AE, 74AF and 74AG provide for the
publication of various reports and documents when neither
House of Parliament is sitting. Publication of these reports and
documents in accordance with these sections vests the reports
and documents with Parliamentary Privilege.
Section 74AB provides for the publication of reports of Royal
Commissions, Boards of Inquiry and documents approved by the
Speaker or the President. The Minister responsible for the report
or document must cause the report or document to be published
by the Government Printer. These reports or documents are
deemed to have been tabled in Parliament and ordered to be
published by Parliament.
Section 74AC provides for the publication of reports of
Parliamentary Committees under the Parliamentary
Committees Act 1968. Section 4O of the Parliamentary
Committees Act 1968, that requires reports to be laid before the
Parliament, is deemed to have been complied with if, after a
Committee has adopted a report, the chairman of the Committee
gives a copy of the report to the Speaker and the President and
causes the report to be tabled on the next sitting day of
Parliament.
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Section 74AD provides for the publication of reports that the
Ombudsman is required to, or may, make to Parliament under the
Ombudsman Act 1973. The requirements under that Act
regarding the tabling of such reports is deemed to have been
complied with if the Ombudsman gives a copy of the report to
the Speaker and the President and causes the report to be tabled
on the next sitting day of Parliament.
Section 74AE provides for the publication of reports of the
Auditor-General made under the Audit Act 1994. The
requirements under that Act regarding the tabling of such reports
is deemed to have been complied with if the Auditor-General
gives a copy of the report to the Speaker and the President and
transmits the report on the next sitting of Parliament.
Section 74AF applies if sections 74AB, 74AC, 74AD and 74AE
do not apply. A person (which includes natural persons, bodies
corporate and public bodies such as statutory authorities, and
State business corporations or State bodies within the meaning of
the State Owned Enterprises Act 1992) who has a duty under
an Act to report to Parliament may give the report to the Speaker
and the President. Such a report must be published and tabled on
the next sitting day of Parliament.
Section 74AG provides that a person (which includes natural
persons, bodies corporate and public bodies such as statutory
authorities, and State business corporations or State bodies
within the meaning of the State Owned Enterprises Act 1992)
who has a discretion under an Act to report to Parliament may
give the report to the Speaker and the President. Approval of the
Speaker or the President is required. Such a report must be
published and tabled on the next sitting day of Parliament.
Section 74AH requires the Speaker and the President to notify all
members of Parliament in writing or by fax, e-mail or other
electronic communication that a report or document has been
received in accordance with section 74AB, 74AC, 74AD, 74AE ,
74AF or 74AG.
Clause 4 inserts a provision stating that the above new sections of the
Constitution Act 1975 alter or vary section 85 of that Act and
have effect as direct amendments to that section.
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