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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PARLIAMENT OF
QUEENSLAND AMENDMENT
BILL 2003
Queensland
PARLIAMENT OF QUEENSLAND
AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF PARLIAMENT OF QUEENSLAND
ACT 2001
2 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of ch 3, pt 3, heading (Parliamentary Papers). . . . . . . . . . . . . . 4
4 Replacement of ss 4851. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
48 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
49 Meaning of "parliamentary record" . . . . . . . . . . . . . . . . . . . . . . . . . . 5
50 Assembly or committee may authorise publication. . . . . . . . . . . . . . 5
51 Assembly taken to have authorised particular publication . . . . . . . . 6
5 Amendment of s 52 (Tabled, unprinted documents may be read etc.) . . . . . 7
6 Amendment of s 53 (Particular documents are taken to be printed when
tabled or taken to be tabled in the Assembly) ..................... 8
7 Amendment of s 54 (Publication of fair report of tabled document) . . . . . . 8
8 Amendment of s 55 (Evidentiary certificates). . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 56 (No liability for publishing under authority of
Assembly or committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 57 (Reports of debates taken to be true and
correct record) .......................................... 10
11 Amendment, relocation and renumbering of s 58 (Application of pt 3) . . . . 10
12 Insertion of new s 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
58 Assembly may impose conditions on publication . . . . . . . . . . . . . . . 11
13 Amendment of s 59 (Tabling of report when Assembly not sitting) . . . . . . . 11
2
Parliament of Queensland Amendment Bill 2003
14 Amendment of ch 9 heading (Repeals, amendments and
transitional provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Insertion of ch 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
CHAPTER 10--FURTHER TRANSITIONAL PROVISIONS
162 Transitional provision for the Parliament of Queensland Amendment
Act 2003 ............................................ 12
16 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 3--CONSEQUENTIAL AMENDMENTS
17 Consequential amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 13
CONSEQUENTIAL AMENDMENTS
ABORIGINAL LAND ACT 1991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
CHILDRENS COURT ACT 1992. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
CRIME AND MISCONDUCT ACT 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . 13
DEFAMATION ACT 1889. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
FINANCIAL ADMINISTRATION AND AUDIT ACT 1977. . . . . . . . . . . . 14
GOVERNMENT OWNED CORPORATIONS ACT 1993. . . . . . . . . . . . . . 15
LEGISLATIVE STANDARDS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 15
TORRES STRAIT ISLANDER LAND ACT 1991 . . . . . . . . . . . . . . . . . . . 15
TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 1995 16
2003
A BILL
FOR
An Act to amend the Parliament of Queensland Act 2001 to extend the
protection of publication of parliamentary records, and for other
purposes
s1 4 s4
Parliament of Queensland Amendment Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Parliament of Queensland Amendment 4
Act 2003. 5
PART 2--AMENDMENT OF PARLIAMENT OF 6
QUEENSLAND ACT 2001 7
2 Act amended in pt 2
Clause 8
This part amends the Parliament of Queensland Act 2001. 9
3 Amendment of ch 3, pt 3, heading (Parliamentary Papers)
Clause 10
Chapter 3, part 3, heading, `Papers'-- 11
omit, insert-- 12
`RECORDS'. 13
4 Replacement of ss 4851
Clause 14
Sections 48 to 51-- 15
omit, insert-- 16
`48 Definitions for pt 3 17
`In this part-- 18
"authorising person" means-- 19
(a) the Speaker; or 20
(b) the chairperson of a committee; or 21
s4 5 s4
Parliament of Queensland Amendment Bill 2003
(c) the Clerk; or 1
(d) the chief reporter. 2
"broadcast" means a broadcast, transmission, rebroadcast or 3
retransmission made electronically or in any other way. 4
"parliamentary record" see section 49. 5
"publication" means a publication in any form and includes a broadcast.'. 6
`49 Meaning of "parliamentary record" 7
`(1) A "parliamentary record" is a record relating to proceedings in the 8
Assembly. 9
`(2) A record relating to proceedings in the Assembly includes a record 10
of proceedings in the Assembly. 11
`(3) The record may be-- 12
(a) in any form; or 13
(b) permanent or otherwise; or 14
(c) made at the same time as the proceedings to which it relates or 15
otherwise. 16
17
Example--
18
The record may be in audio or visual form and last only a short time.
`50 Assembly or committee may authorise publication 19
`(1) The Assembly may authorise publication of a parliamentary record. 20
`(2) A committee may authorise publication of-- 21
(a) evidence given before the committee; or 22
(b) a document presented or submitted to the committee; or 23
(c) a document (including a report) prepared or made by the 24
committee. 25
`(3) An authority under subsection (1) or (2) extends to the doing of all 26
acts preparatory to, or otherwise for the purposes of, publication. 27
`(4) This part does not limit by implication any other power the 28
Assembly or a committee may have to authorise publication of any thing. 29
s4 6 s4
Parliament of Queensland Amendment Bill 2003
`(5) Without limiting subsections (1) and (2), if the Assembly authorises 1
publication of a thing under subsection (1), or a committee authorises 2
publication of a thing under subsection (2), without mentioning who may 3
publish the thing, the Assembly or committee is taken to authorise the 4
publication of the thing by the government printer. 5
`(6) If the Assembly authorises, or is taken to authorise, the printing of a 6
parliamentary record, then, unless the Assembly otherwise expressly 7
provides-- 8
(a) the Assembly is taken to authorise the publication of the 9
parliamentary record; and 10
(b) publication of the parliamentary record other than in printed 11
form is adequate compliance with any requirement that the 12
document be printed. 13
`51 Assembly taken to have authorised particular publication 14
`(1) The Assembly is taken to have authorised the publication of an 15
authorised parliamentary record by an authorised publisher. 16
`(2) The authority conferred by subsection (1) extends to the doing of all 17
acts preparatory to, or otherwise for the purposes of, the publication. 18
`(3) For this part, a thing purporting to be an authorised parliamentary 19
record is taken to be an authorised parliamentary record unless the contrary 20
is proved. 21
`(4) In this section-- 22
"authorised parliamentary record" means a parliamentary record, 23
including any of the following records, the publication of which is 24
authorised by an authorising person-- 25
(a) the Votes and Proceedings; 26
(b) the Notices of Motion and Orders of the Day; 27
(c) the Questions on Notice and answers to questions on notice; 28
(d) Hansard reports of proceedings in the Assembly, a committee or 29
an inquiry; 30
(e) an audio or visual record of proceedings in the Assembly. 31
"authorised publisher" means-- 32
(a) a member or a person acting on behalf of a member; or 33
s5 7 s5
Parliament of Queensland Amendment Bill 2003
(b) the Speaker; or 1
(c) the chairperson of a committee; or 2
(d) the Clerk; or 3
(e) an officer or employee of the parliamentary service acting in the 4
course of the person's duties; or 5
(f) the government printer; or 6
(g) an engaged entity. 7
"engaged entity" means-- 8
(a) an entity engaged by the Speaker or Clerk or a chairperson of a 9
committee (the "engager") for the publication of a particular 10
authorised parliamentary record; or 11
(b) an employee, contractor or agent of the entity acting in the course 12
of the person's duties, contract or agency; or 13
(c) if, with the engager's written approval, the entity engages another 14
entity for the publication of the particular authorised 15
parliamentary record-- 16
(i) the other entity; or 17
(ii) an employee, contractor or agent of the other entity acting in 18
the course of the person's duties, contract or agency.'. 19
5 Amendment of s 52 (Tabled, unprinted documents may be read
Clause 20
etc.) 21
(1) Section 52, heading, `unprinted'-- 22
omit, insert-- 23
`unpublished'. 24
(2) Section 52(1), `ordered or otherwise'-- 25
omit. 26
(3) Section 52(1), `printed'-- 27
omit, insert-- 28
`published'. 29
s6 8 s8
Parliament of Queensland Amendment Bill 2003
6 Amendment of s 53 (Particular documents are taken to be printed
Clause 1
when tabled or taken to be tabled in the Assembly) 2
Section 53, `printed'-- 3
omit, insert-- 4
`published'. 5
7 Amendment of s 54 (Publication of fair report of tabled
Clause 6
document) 7
(1) Section 54(2), `orders or otherwise'-- 8
omit. 9
(2) Section 54(2), `printed'-- 10
omit, insert-- 11
`published'. 12
8 Amendment of s 55 (Evidentiary certificates)
Clause 13
Section 55(2)(f) to (n)-- 14
omit, insert-- 15
`(f) that a thing is a parliamentary record; and 16
(g) that the Assembly authorised publication of a parliamentary 17
record or a committee authorised publication of evidence or a 18
document; and 19
(h) that the Assembly or a committee authorised publication of a 20
thing by the government printer under section 50(5); and 21
(i) that a thing is an authorised parliamentary record as defined 22
under section 51; and 23
(j) that an entity is an authorised publisher as defined 24
under section 511 for publication of a particular authorised 25
parliamentary record; and 26
(k) that an act was preparatory to, or otherwise for the purposes of, 27
publication of a thing; and 28
1 Section 51 (Assembly taken to have authorised particular publications)
s9 9 s9
Parliament of Queensland Amendment Bill 2003
(l) that a document was tabled in the Assembly by a member but 1
was not-- 2
(i) authorised by the Assembly to be published; or 3
(ii) taken to be published by the Assembly; and 4
(m) that a document was tabled in the Assembly by the member 5
with-- 6
(i) the express permission of the Speaker; or 7
(ii) the leave of the Assembly; and 8
(n) that a person is an authorising person; and 9
(o) that a person is the government printer; and 10
(p) that the Assembly imposed conditions on the publication of a 11
parliamentary record.'. 12
9 Amendment of s 56 (No liability for publishing under authority of
Clause 13
Assembly or committee) 14
(1) Section 56(1)-- 15
omit, insert-- 16
`(1) An engaged entity or another person does not incur any civil or 17
criminal liability for-- 18
(a) publishing a parliamentary record under the authority of the 19
Assembly; or 20
(b) publishing evidence or a document under the authority of a 21
committee.'. 22
(2) Section 56-- 23
insert-- 24
`(6) In this section-- 25
"engaged entity" see section 51. 26
"publishing" a thing includes doing all acts preparatory to, or otherwise 27
for the purposes of, publishing the thing.'. 28
s 10 10 s 12
Parliament of Queensland Amendment Bill 2003
10 Amendment of s 57 (Reports of debates taken to be true and
Clause 1
correct record) 2
(1) Section 57, heading, `Reports'-- 3
omit, insert-- 4
`Printed reports'. 5
(2) Section 57(1), `by order or'-- 6
omit, insert-- 7
`in printed form'. 8
11 Amendment, relocation and renumbering of s 58 (Application of
Clause 9
pt 3) 10
(1) Section 58, heading, before `pt 3'-- 11
insert-- 12
`ch 3,'. 13
(2) Section 58, `This part'-- 14
omit, insert-- 15
`Chapter 3, part 32'. 16
(3) Section 58, `the part'-- 17
omit, insert-- 18
`chapter 3, part 3 of this Act as originally enacted'. 19
(4) Section 58-- 20
relocate and renumber, in chapter 9, as section 161. 21
12 Insertion of new s 58
Clause 22
After section 57-- 23
insert-- 24
2 Chapter 3 (Powers, rights and immunities), part 3 (Parliamentary records)
s 13 11 s 15
Parliament of Queensland Amendment Bill 2003
`58 Assembly may impose conditions on publication 1
`(1) The Assembly may at any time impose conditions on the publication 2
of a parliamentary record. 3
`(2) It does not matter whether the parliamentary record has been 4
previously published or whether the Assembly authorises or has authorised 5
the publication. 6
7
Example--
8
Assume an audio or visual record of proceedings in the Assembly is published on the
9
internet by an authorised publisher under section 51. The Assembly may impose
10
conditions on the publication by the authorised publisher. The Assembly may also
11
impose conditions on the publication by a person who has accessed the internet
12
publication of a parliamentary record derived from that access.
`(3) Publication of a parliamentary record in contravention of a condition 13
imposed by the Assembly is a contempt of the Assembly.'. 14
13 Amendment of s 59 (Tabling of report when Assembly not sitting)
Clause 15
Section 59(6), `printed'-- 16
omit, insert-- 17
`published'. 18
14 Amendment of ch 9 heading (Repeals, amendments and
Clause 19
transitional provisions) 20
Chapter 9, heading-- 21
omit, insert-- 22
`CHAPTER 9--REPEALS AND TRANSITIONAL 23
PROVISIONS FOR ACT NO. 81 OF 2001'. 24
15 Insertion of ch 10
Clause 25
After chapter 9-- 26
insert-- 27
s 16 12 s 17
Parliament of Queensland Amendment Bill 2003
`CHAPTER 10--FURTHER TRANSITIONAL 1
PROVISIONS 2
`162 Transitional provision for the Parliament of Queensland 3
Amendment Act 2003 4
`Chapter 3, part 33 applies to records relating to proceedings in the 5
Assembly at any time whether before or after the commencement of this 6
section.'. 7
16 Amendment of schedule (Dictionary)
Clause 8
(1) The schedule, definition "government printer"-- 9
omit. 10
(2) The schedule-- 11
insert-- 12
` "broadcast" for chapter 3, part 3, see section 48. 13
"government printer" means the Government Printer of Queensland and 14
includes an officer or employee of the government printer acting in the 15
course of the person's duties. 16
"parliamentary record" for chapter 3, part 3, see section 49. 17
"publication" for chapter 3, part 3, see section 48.'. 18
PART 3--CONSEQUENTIAL AMENDMENTS 19
17 Consequential amendments
Clause 20
The schedule amends the legislation it mentions. 21
3 Chapter 3 (Powers, rights and immunities), part 3 (Parliamentary records)
13
Parliament of Queensland Amendment Bill 2003
SCHEDULE 1
CONSEQUENTIAL AMENDMENTS 2
section 17 3
ABORIGINAL LAND ACT 1991 4
1 Section 129(5)-- 5
omit, insert-- 6
`(5) For the purposes of its publication, the report is taken to have been 7
laid before the Legislative Assembly, and to have been ordered to be 8
published by the Legislative Assembly, when it is given to the clerk.'. 9
CHILDRENS COURT ACT 1992 10
1 Section 22(5)-- 11
omit, insert-- 12
`(5) For the purposes of its publication, the report is taken to have been 13
laid before the Legislative Assembly, and to have been ordered to be 14
published by the Legislative Assembly, when it is given to the clerk.'. 15
CRIME AND MISCONDUCT ACT 2001 16
1 Section 69(6)(8)-- 17
omit, insert-- 18
`(6) The clerk must authorise the report and any accompanying 19
document to be published. 20
`(7) A report published under subsection (6) is taken, for all purposes, to 21
have been tabled in and published by order of the Legislative Assembly and 22
14
Parliament of Queensland Amendment Bill 2003
SCHEDULE (continued)
is to be granted all the immunities and privileges of a report so tabled and 1
published. 2
`(8) The commission, before giving a report under subsection (1), may-- 3
(a) publish or give a copy of the report to the publisher authorised to 4
publish the report; and 5
(b) arrange for the prepublishing by the publisher of copies of the 6
report for this section.'. 7
2 Section 214(a), `printed'-- 8
omit, insert-- 9
`published'. 10
DEFAMATION ACT 1889 11
1 Section 13(1)(b), `paper'-- 12
omit, insert-- 13
`thing'. 14
FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 15
1 Section 46KC(6), `printed'-- 16
omit, insert-- 17
`published'. 18
2 Section 105(3)-- 19
omit, insert-- 20
`(3) For the purposes of its publication, a report given to the Speaker or 21
the clerk under subsection (2) is taken to have been laid before the 22
Legislative Assembly, and to have been ordered to be published by the 23
Legislative Assembly, when it is given to the Speaker or the clerk.'. 24
15
Parliament of Queensland Amendment Bill 2003
SCHEDULE (continued)
GOVERNMENT OWNED CORPORATIONS ACT 1993 1
1 Schedule 3, parts 4 and 5, section 46KC(6), `printed'-- 2
omit, insert-- 3
`published'. 4
2 Schedule 3, parts 4 and 5, section 105(3)-- 5
omit, insert-- 6
`(3) For the purposes of its publication, a report given to the Speaker or 7
the clerk under subsection (2) is taken to have been laid before the 8
Legislative Assembly, and to have been ordered to be published by the 9
Legislative Assembly, when it is given to the Speaker or the clerk.'. 10
LEGISLATIVE STANDARDS ACT 1992 11
1 Section 13(6)-- 12
omit, insert-- 13
`(6) For the purposes of its publication, a report given to the clerk under 14
subsection (4) is taken to have been laid before the Legislative Assembly, 15
and to have been ordered to be published by the Legislative Assembly, 16
when it is given to the clerk.'. 17
TORRES STRAIT ISLANDER LAND ACT 1991 18
1 Section 126(5)-- 19
omit, insert-- 20
`(5) For the purposes of its publication, the report is taken to have been 21
laid before the Legislative Assembly, and to have been ordered to be 22
published by the Legislative Assembly, when it is given to the clerk.'. 23
16
Parliament of Queensland Amendment Bill 2003
SCHEDULE (continued)
TRANSPORT OPERATIONS (MARINE SAFETY) 1
REGULATION 1995 2
1 Section 188(9)-- 3
omit, insert-- 4
`(9) For the purposes of its publication, a report given to the clerk under 5
subsection (7) is taken to have been laid before the Legislative Assembly, 6
and to have been ordered to be published by the Legislative Assembly, 7
when it is given to the clerk.'. 8
9
© State of Queensland 2003
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