Western Australia
Parliamentary Privileges Act 1891
Reprint 2: The Act as at 6 June 2003
What the reprint includes
Endnotes, Compilation table
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2.Validation, transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
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2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
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Reprinted under the Reprints Act 1984 as |
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Western Australia
Parliamentary Privileges Act 1891
CONTENTS
1.Privileges, powers etc., of Council and Assembly2
2.Printed copies of journals of House of Commons to be evidence2
3.Designation of Legislature2
4.Power to order the attendance of persons2
5.Order to attend to be notified by summons3
6.Attendance of members3
7.Objection to answer questions or produce documents to be reported to the House3
8.Houses empowered to punish summarily for certain contempts4
9.President or Speaker to issue warrant5
10.Persons disturbing proceedings of House may be arrested without warrant5
11.Form of warrant5
12.Sheriff’s officers, constables and others to assist in execution of warrant or verbal order6
13.Doors may be broken open in executing a warrant6
14.House may direct Attorney General to prosecute instead of proceeding summarily6
15.House may direct Attorney General to prosecute for other contempts7
17.Short title7
Notes
Compilation table8
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Reprinted under the Reprints Act 1984 as |
at 6 June 2003 |
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Western Australia
Parliamentary Privileges Act 1891
An Act for defining the privileges, immunities, and powers of the Legislative Council and Legislative Assembly of Western Australia, respectively.
Preamble
Whereas by an Act intituled ‘An Act to confer a Constitution on Western Australia, and to grant a Civil List to Her Majesty’ 2, it was amongst other things enacted that there should be established in Western Australia, in place of the Legislative Council then subsisting, a Legislative Council and a Legislative Assembly to be severally constituted as therein provided; And further that it should be lawful for the Legislature of the said
1.Privileges, powers etc., of Council and Assembly
The Legislative Council and Legislative Assembly of Western Australia respectively, and the Committees and members thereof respectively, shall hold, enjoy, and exercise such and the like privileges, immunities, and powers as, and the privileges, immunities, and powers of the said
2.Printed copies of journals of House of Commons to be evidence
Subject to the provisions of this Act
The Legislature of Western Australia shall be and is hereby designated ‘The Parliament of Western Australia’.
4.Power to order the attendance of persons
Each House of the Parliament of the said
5.Order to attend to be notified by summons
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 Clerk of the House authori
And in every such summons shall be stated the time and place when and where the person summoned is to attend, and the particular documents which he
And such summons shall be served on the person mentioned therein, either by delivering to him
And there shall be paid or tendered to the person so summoned a reasonable sum for his
A member of either House may be ordered by the House of which he
7.Objection to answer questions or produce documents to be reported to the House
If any person ordered to attend or produce any paper, book, record, or other document to either House, or to any Committee of either House, shall object to answer any question that may be put to him
8.Houses empowered to punish summarily for certain contempts
Each House of the said
Disobedience to any order of either House or of any Committee duly authoris
Refusing to be examined before, or to answer any lawful and relevant question put by the House or any such Committee, unless excused by the House in manner aforesaid
The assaulting, obstructing, or insulting any member in his
The sending to a member any threatening letter on account of his
The sending a challenge to fight a member.
The offering of a bribe to, or attempting to bribe a member.
The creating or joining in any disturbance in the House, or in the vicinity of the House while the same is sitting, whereby the proceedings of such House may be
9.President or Speaker to issue warrant
For the purpose of punishing any of the contempts aforesaid
10.Persons disturbing proceedings of House may be arrested without warrant
Any person creating or joining in any disturbances in the House 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 the manner aforesaid
Every such warrant shall contain a statement that the person therein mentioned has been adjudged guilty of contempt by the House, the President or Speaker whereof shall have issued the same, specifying the nature of such contempt in the words of this Act
And every warrant shall be sufficient from which it can be reasonably collected that the person mentioned therein has been adjudged guilty of any of the contempts aforesaid
12.Sheriff’s officers, constables and others to assist in execution of warrant or verbal order
The Sheriff and his
And where any such warrant directs that the person mentioned therein shall be imprisoned in any gaol, the keeper thereof is hereby required to receive such person into his
13.Doors may be broken open in executing a 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
14.House may direct Attorney General to prosecute instead of proceeding summarily
The publishing of any false or scandalous libel of any member touching his
And it shall be lawful for either House to direct the Attorney General to prosecute before the Supreme Court any such person committing any such misdemeanour.
And any such person convicted before the said
15.House may direct Attorney General to prosecute for other contempts
It shall be lawful for either House to direct the Attorney General to prosecute before the Supreme Court any such person guilty of any other contempt against the House which is punishable by law.
[16.Repealed by 1 & 2 Edw. VII. No. 14 s.
This Act may be cited as the Parliamentary Privileges Act 1891 1.
[Section 17 inserted by No. 81 of 1966 s. 2.]
Notes
1This reprint is a compilation as at 6 June 2003 of the Parliamentary Privileges Act 1891 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Short title |
Number and year |
Assent |
Commencement |
Untitled 3 |
54 Vict. |
26 Feb 1891 |
26 Feb 1891 |
Criminal Code Act 1902 s. 3(2) |
1 & 2 Edw. |
19 Feb 1902 |
1 May 1902 (see s. 2) |
Statute Law Revision (Short Titles) Act 1966 s. 2 |
81 of 1966 |
12 Dec 1966 |
12 Dec 1966 |
Reprint of the Parliamentary Privileges Act 1891 approved 9 Oct 1987 |
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Reprint 2: The Parliamentary Privileges Act 1891 as at 6 Jun 2003 (includes amendments listed above) |
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252 Vict, No. 23.
3Now called the Parliamentary Privileges Act 1891; short title inserted (see note to s. 17).
By Authority: JOHN A. STRIJK, Government Printer