Parliamentary Privilege Act 1858
An Act to confer certain powers and privileges on the Houses of the Parliament of Tasmania
[Royal Assent 29 October 1858]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1. Power to order attendance of persons
[Section 1 Amended by 25 Geo. V No. 78 ]Each House of Parliament, and any committee of either House duly authorized by the House to send for persons and papers, is hereby empowered to order any person to attend before the House or before such committee, as the case may be, and also to produce to such House or committee any paper, book, record, or other document in the possession or power of such person; and all persons are hereby required to obey any such order.
2. Order to attend to be notified by summons
[Section 2 Amended by 25 Geo. V No. 78 ](1) Any such order to attend, or to produce documents, before either House shall be notified to the person required to attend, or to produce documents, by a summons under the hand of the President or Speaker, as the case may be; and any such order to attend, or to produce documents, before any such committee, shall be notified to the person required to attend, or to produce documents, by a summons under the hand of the chairman of the committee; and in any such summons shall be stated the time and place when and where the person summoned is to attend; and such summons shall be served on the person mentioned therein, either personally, or by leaving the same with some person for him, at his usual or last known place of abode.(2) A Member of either House may be ordered to attend before the House or any such committee, without summons, in the manner heretofore accustomed.
[Section 2A Inserted by No. 82 of 2001, s. 4, Applied:01 Jul 2002](1) A select committee of either House or a joint committee of both Houses with power to send for persons may examine any witness in relation to any matter referred to it.(2) A witness is to make a declaration before the select committee or joint committee that the evidence given by the witness is the truth.(3) A witness who wilfully gives false evidence is guilty of perjury.
2B. Meetings of committees may be held electronically
[Section 2B Inserted by No. 68 of 2005, s. 4, Applied:15 Dec 2005](1) A committee of either House of Parliament or a joint committee of both Houses may hold meetings by electronic communication without the members of the committee being present in the same place.(2) Subsection (1) applies if –(a) the members of the committee constituting a quorum are able to speak to, and hear, each other contemporaneously when making any deliberation; and(b) when a witness gives oral evidence to the committee, the members of the committee constituting a quorum are able to hear the witness contemporaneously and question the witness within the hearing of each other committee member constituting the quorum; and(c) the chairperson of the committee ensures that a quorum is maintained during the meeting and –(i) in the case of a committee of the Legislative Council, that the standing orders of the Council are observed; and(ii) in the case of a committee of the House of Assembly, that the standing orders of the House are observed; and(iii) in the case of a joint committee of both Houses, unless the resolution establishing the joint committee makes provision for the standing orders that are to be observed, that the standing orders of the Council or Assembly, as the joint committee resolves, are observed.
3. Houses empowered to punish summarily for certain contempts
[Section 3 Amended by No. 99 of 1982, s. 3 and Sched. 2 ]Each House is hereby empowered to punish in a summary manner, as for contempt, by imprisonment in such custody and in such place as it may direct, during the then existing session or any portion thereof, any of the offences hereinafter enumerated, whether committed by a Member of the House or by any other person:[Section 4 Repealed by 25 Geo. V No. 78 ](a) The disobedience of any order of either House, or of any committee duly authorized in that behalf, to attend, or to produce papers, books, records, or other documents before the House or such committee;(b) Refusing to be examined before or to answer any lawful and relevant question put by, the House or any such committee;(c) The assaulting, menacing, obstructing, or insulting of any Member in his coming to or going from the House, or in the House, or on account of his behaviour in Parliament, or endeavouring to compel any Member by force, insult, or menace to declare himself in favour of or against any proposition or matter depending or expected to be brought before either House;(d) The publishing or sending to a Member any insulting or threatening letter on account of his behaviour in Parliament;(e) The sending a challenge to fight to a Member, on account of his behaviour in Parliament;(f) The offering of a bribe to, or attempting to bribe, a Member; and(g) The creating of, or joining in, any disturbance in the House, or in the immediate vicinity of the House.
5. President or Speaker to issue warrant
For the purpose of punishing any of the contempts aforesaid, the President or Speaker, as the case may be, is hereby empowered, upon the resolution in that behalf of the House, to issue his warrant, under his hand, for the apprehension and imprisonment of any person adjudged by the House guilty of any such contempt.
6. Persons disturbing proceedings of House may be arrested without warrant
Any Member or other person creating, or joining in, any disturbance in the House, or in its immediate vicinity, during its actual sitting, may be apprehended without warrant on the verbal order of the President or Speaker, as the case may be; and may be kept in the custody of the officer of the House until a warrant can be made out for the imprisonment of such person in manner aforesaid.
Every such warrant shall contain a statement that the person therein mentioned has been adjudged by the House guilty of contempt, specifying the nature of such contempt in the words of this Act defining the same, or in equivalent words, or in such terms as to show that the person has been adjudged guilty of any of the contempts aforesaid; but no particular form shall be necessary to be observed in such warrant.
8. Sheriff, constables, and others to assist in execution of warrant or verbal order
[Section 8 Amended by 25 Geo. V No. 78 ]The Sheriff and his officers, and all constables and other persons, are hereby required to assist in the apprehension and detention of any person in pursuance of the verbal order of the President or Speaker, as the case may be, by virtue of section six , and also to be aiding and assisting in the execution of any such warrant as aforesaid.
9. Doors may be broken open in executing warrant
It shall be lawful for any person charged with or assisting in the execution of any warrant under the hand of the President or Speaker, issued under the authority of this Act, to break open in the daytime all doors or places in which there is reasonable cause to suspect the person for whose apprehension such warrant was issued is concealed.
10. Grounds of warrant not examinable on habeas corpus or otherwise: Warrant or verbal order plea in bar to action
It shall not be lawful for the Supreme Court, or any judge thereof, to inquire by habeas corpus or otherwise into the propriety of any warrant under the hand of the President or Speaker, issued under the authority of this Act, provided that the warrant purports that the person therein mentioned has been adjudged by the House guilty of any of the contempts aforesaid; and the statement of any such contempt in the words of this Act defining the same, or in equivalent words, or in such terms that it can reasonably be collected from such warrant that the House has adjudged such person guilty of any of the contempts aforesaid, shall be sufficient; and in all cases it shall be a valid and conclusive return to any writ of habeas corpus to bring up the body of any person, that such person is detained by virtue of any such warrant as aforesaid; and, in any action brought on account of any arrest, trespass, or imprisonment, it shall be a good plea in bar to such action that such arrest, trespass, or imprisonment took place by virtue of any such warrant or verbal order as aforesaid.
11. Power to direct Attorney-General to prosecute for certain offences
[Section 11 Amended by 25 Geo. V No. 78 ][Section 11 Amended by No. 55 of 1965, s. 5 ][Section 11 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]Each House of Parliament shall have the like power of directing the Attorney-General to prosecute for any offence cognizable by the Supreme Court, committed against either of the said Houses or any Member thereof, as is possessed by the Commons House of the Imperial Parliament of directing the Attorney-General of England to prosecute for offences against the said Commons House of Parliament or any Member thereof; and every person convicted of any such offence before the said court shall be liable to imprisonment for a term not exceeding 2 years, or to a fine not exceeding 200 penalty units and imprisonment until such fine be paid, or to both such punishments.
12. Privileges of Parliament not affected
[Section 12 Amended by 25 Geo. V No. 78 ]Nothing in this Act contained shall be deemed or taken, or held or construed, directly or indirectly, by implication or otherwise, to affect any power or privilege possessed by either House of Parliament before the passing of this Act in any manner whatsoever.
[Section 13 Amended by 25 Geo. V No. 78 ]This Act may be cited as the Parliamentary Privilege Act 1858 .