Section 16(3) of the Parliamentary Privileges Act 1987 (Cth) is a valid law that does not impermissibly infringe the implied constitutional freedom of political communication. The section should not be given a narrow construction and extends beyond merely preventing proceedings in Parliament from founding a cause of action. In defamation proceedings where parliamentary privilege prevents a defendant from proving defences, the question of whether a stay should be granted depends on the specific evidence sought to be adduced and is best determined by the trial judge. The defences of qualified privilege do not require a finding in terms about the truth of statements made in Parliament, only findings about the defendant's state of mind.
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