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Parliamentary Precincts Bill
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 states the purpose of the Bill.
Clause 2 provides for the commencement of the Bill.
Clause 3 defines certain words and expressions used in the Bill.
For example "Parliamentary reserve" means the area reserved
under the Crown Land (Reserves) Act 1978 and shown in the
plan in the Schedule. The reserve commences at the first step
adjoining Spring Street.
Clause 4 provides that, despite the specific powers vested in authorised
officers including the police and protective services officers, the
privileges and immunities of each House of Parliament, the
presiding officers and other officers of the Parliament are not
affected. These privileges include the exclusive power of the
Presiding officers to take action to secure the Parliament, to the
extent that this exclusive power is not removed by this Bill.
Clause 5 clarifies the operation of Part 2 of this Bill so that it has effect
despite any contrary provision in the Land Act 1958 and the
Crown Land (Reserves) Act 1978. Part 2 of the Bill does not
diminish any of the functions of the House Committee
established under the Parliamentary Committees Act 1968 to
manage the maintenance and extension of the Parliament
buildings.
Clause 6 enables the Governor in Council to make an order declaring land
or premises outside the Parliamentary reserve to be
"Parliamentary precincts" for the purposes of this Bill.
The declaration may be made on the recommendation of one of
the Presiding officers. The declaration will remain in force until
the date of revocation that is specified in the declaration or until
an order is made under clause 7 of this Bill.
541157 BILL LA CIRCULATION 22/3/2001
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Clause 7 enables the Governor in Council, on the recommendation of one
of the Presiding officers, to make an order revoking a declaration
that land or premises are part of the "Parliamentary precincts".
Clause 8 vests responsibility for the control and management of the
Parliamentary precincts with the Presiding officers. The vesting
of this responsibility does not affect the power of either House to
control proceedings before it or to manage that part of the
precincts constituting the Chamber concerned.
Clause 9 specifies the powers that the Presiding officers have with respect
to the management and control of the Parliamentary precincts
including the granting of leases or licences over parts of the
precincts and the making of arrangements for works to be
performed upon any part of the precincts.
Clause 10 enables the Presiding officers to delegate certain of their powers
under the Act to the Usher of the Black Rod of the Legislative
Council, the Serjeant-at-Arms of the Legislative Assembly and
the Clerks and Deputy Clerks of each Chamber.
The powers to grant leases or licences, the power to give a
direction under clause 15, the power to extend the period during
which a person cannot enter the precincts and the power of
delegation itself cannot be delegated.
Clause 11 enables the Presiding officers to enter into a memorandum of
understanding with the Chief Commissioner of Police concerning
the performance of any functions by members of the police force
or protective services officers upon the Parliamentary precincts.
The memorandum may also vest the Police with functions which
are additional to those vested in police and protective services
officers as an "authorised officer" for the purposes of this Bill.
The memorandum may impose conditions or directions
concerning the performance of any functions.
Clause 12 requires police and protective services officers to comply with
any conditions or directions concerning the performance of any
additional functions vested in them under a memorandum of
understanding entered into under clause 11 of this Bill.
The failure of an officer to comply with such condition or
direction will not invalidate any action taken in the exercise of
such function.
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Clause 13 enables a police officer or protective services officer, acting
under a power or function under a memorandum of
understanding, to produce a certificate as evidence that they were
authorised to perform that power or function and the conditions
that the exercise of that power or function was subject to. That
certificate will stand as evidence unless there is proof to the
contrary. The certificate can be signed by the Presiding officers,
the Usher of the Black Rod, the Serjeant-at-Arms, the Clerks or
the Deputy Clerks of either Chamber.
Clause 14 clarifies that the coercive powers in this Part to direct persons to
leave or not enter the Parliamentary precincts or to remove
persons from those precincts do not apply to a member of either
House. The inherent powers of each House in relation to
members are unaffected.
Clause 15 provides that in exercising any power under this Bill, authorised
officers are subject to a direction of the presiding officers not to
exercise a power or function or to cease its exercise. This also
applies to the exercise of powers by police officers. Any
interference with constabulary discretion is only to the extent
necessary to preserve the current supervisory powers which the
Presiding officers have with respect to the Parliamentary
precincts. This Bill does not empower the Presiding officers to
direct police officers to perform any duty or function vested in
them by law. A direction of a Presiding officer to a police officer
to desist from any action does not invalidate any action taken by
the police officer, prior to the direction being given.
Clause 16 empowers authorised officers to direct persons to leave or not
enter the Parliamentary precincts where this is necessary for the
good order and security of the precincts. These directions should
specify a period of operation that does not exceed seven days. In
default of a period being specified, the direction shall apply for
24 hours only. A separate provision enables the Presiding
officers to prepare a written notice directing that a person not
enter the precincts for a period longer than seven days. That
notice must be served upon the person, either personally or by
post.
Any direction under this provision may apply to the whole of the
Parliamentary precincts or any part of it.
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Clause 17 A direction to leave or not enter the Parliamentary precincts can
be made at any time, whether or not either of the Houses are
sitting.
Clause 18 enables a direction to leave or not enter the Parliamentary
precincts (for a period of seven days or less) to be made either
verbally, or in writing displayed in a conspicuous place.
A verbal direction to an assembly will be deemed to have been
given to each member of the group if it is made in a manner
which is likely to be audible to all of the members of the
assembly. An authorised officer giving a direction under this
provision must state his or her name and position, unless they are
in uniform or ceremonial dress.
Clause 19 empowers authorised officers to remove a person from the
Parliamentary precincts or prevent a person from entering the
precincts. This power exists only if the authorised officer
believes that the person has failed to comply with a direction to
leave or not enter the precincts or has committed an offence
under this Bill or any other Act or law. The authorised officers
may use force, only to the extent that it is reasonably necessary to
do so, to remove persons from, or prevent their entry to, the
Parliamentary precincts.
Clause 20 empowers authorised officers to require persons who have failed
to comply with a direction to leave or not enter the Parliamentary
precincts, to give their name and address. The authorised officer
is required to provide his or her name and position and inform
the persons that it is an offence to refuse to give their name and
address or to give a false or misleading name and address.
Clause 21 empowers authorised officers to arrest without warrant any
person who fails or refuses to leave the Parliamentary precincts
when directed to do so or who enters the precincts contrary to a
direction. Persons arrested under this provision must be
informed of the reason for their arrest and detention and may be
detained until they can brought before the Magistrates' Court by
the police and dealt with according to law.
Clause 22 makes it an offence for a person to fail to leave the Parliamentary
precincts when directed to do so by an authorised officer. The
penalty is 10 penalty units.
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Clause 23 makes it an offence for a person to enter or re-enter the
Parliamentary precincts contrary to a direction by an authorised
officer. The penalty is 10 penalty units.
Clause 24 makes it an offence for a person to fail to give his or her name
and address to an authorised officer or to give a false or
misleading name and address. The penalty is 5 penalty units.
Clause 25 makes it an offence for a person to hinder or obstruct an
authorised officer in the performance of his or her duties.
Clause 26 enables any authorised officer under this Bill to prosecute for an
offence against the Bill.
Clause 27 enables a certificate signed by a Presiding officer to be produced
as evidence in the prosecution for an offence under this Bill. The
certificate may certify that the named person is an authorised
officer and that a direction under clause 15 of the Bill was or was
not applicable to that officer's exercise of power. That certificate
will stand as evidence unless there is proof to the contrary.
Clause 28 repeals section 46(2) of the Parliamentary Committees Act
1968. That provision is redundant, given the vesting of the
control and management of the Parliamentary precincts in the
Presiding officers under this Bill. The Schedule in that Act
which indicates the boundaries of the Parliamentary reserve is
also repealed. This will be replaced by a more specific
description of the Parliamentary reserve in the Schedule to this
Bill.
Clause 29 amends the Road Safety Act 1986. Definitions of
"Parliamentary reserve" consistent with this Bill and of
"Presiding officer" consistent with the Constitution Act 1975
are included. The Road Safety Act 1986 is amended to clarify
that the Act and various regulations related to the parking of
vehicles, the issuing of parking infringement notices, prescribed
offences and other matters apply to the Parliamentary precincts
as if the precincts were a highway within the meaning of that
Act. Accordingly, provisions in the Act and regulations related
to the erection of parking signs, the issuing of parking
infringement notices and the prosecution of those infringements
under that Act will apply to car parking areas on the precincts.
The Presiding officers are given supervisory control of
prosecutions for car parking offences upon the Parliamentary
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precincts. The police, protective services officers and staff of
municipal councils can bring prosecutions for parking offences
with the consent of the Presiding officers. A certificate of the
Presiding officers may be produced in evidence in such a
prosecution that the named officer was authorised to bring those
prosecution proceedings. That certificate will stand as evidence
unless there is proof to the contrary.
Clause 30 repeals sections 3 and 4 of the Unlawful Assemblies and
Processions Act 1958 which restrict assemblies in the vicinity of
the Parliament.
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