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PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 7 Penalties imposed by Houses

PARLIAMENTARY PRIVILEGES ACT 1987 - SECT 7

Penalties imposed by Houses

  (1)   A House may impose on a person a penalty of imprisonment for a period not exceeding 6 months for an offence against that House determined by that House to have been committed by that person.

  (2)   A penalty of imprisonment imposed in accordance with this section is not affected by a prorogation of the Parliament or the dissolution or expiration of a House.

  (3)   A House does not have power to order the imprisonment of a person for an offence against the House otherwise than in accordance with this section.

  (4)   A resolution of a House ordering the imprisonment of a person in accordance with this section may provide that the President of the Senate or the Speaker of the House of Representatives, as the case requires, is to have power, either generally or in specified circumstances, to order the discharge of the person from imprisonment and, where a resolution so provides, the President or the Speaker has, by force of this Act, power to discharge the person accordingly.

  (5)   A House may impose on a person a fine:

  (a)   not exceeding $5,000, in the case of a natural person; or

  (b)   not exceeding $25,000, in the case of a corporation;

for an offence against that House determined by that House to have been committed by that person.

  (6)   A fine imposed under subsection   ( 5) is a debt due to the Commonwealth and may be recovered on behalf of the Commonwealth in a court of competent jurisdiction by any person appointed by a House for that purpose.

  (7)   A fine shall not be imposed on a person under subsection   ( 5) for an offence for which a penalty of imprisonment is imposed on that person.

  (8)   A House may give such directions and authorise the issue of such warrants as are necessary or convenient for carrying this section into effect.