Queensland Consolidated Acts

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PARLIAMENTARY SERVICE ACT 1988 - SECT 51

51 Proceeding for offence against s 50

(1) A prosecution for an offence against section 50 shall be by way of summary proceedings under the Justices Act 1886 upon the complaint of the Clerk.

(2) In any proceeding for an offence against section 50--

(a) an allegation in a complaint that a direction had been given by a person at the direction of the Speaker shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the allegation;
(b) it shall not be necessary to prove the appointment of the Clerk or that a person is an authorised person (within the meaning of section 50) in the absence of evidence that challenges that appointment or authorisation;
(c) an averment in a complaint that any act, matter or thing was done or omitted within the parliamentary precinct shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment.

(3) All penalties and expenses recovered pursuant to a proceeding for an offence against section 50 shall be paid into and form part of the funds of the Legislative Assembly.



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