Legislative Assembly (Broadcasting) Act 2001

This Act is the Legislative Assembly (Broadcasting) Act 2001.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of the Act.

Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

A person may broadcast, or record for broadcast, all or part of public proceedings of the Legislative Assembly or a committee of the Assembly.

The Legislative Assembly may, by resolution, determine the way rights given by subsection (1) must be exercised.

If the Legislative Assembly makes a determination under subsection (2), a person exercising rights under subsection (1) must comply with the determination.

The Legislative Assembly may, by resolution, withdraw the right of a person to broadcast, or record for broadcast, public proceedings of the Legislative Assembly or a committee of the Assembly.

The Legislative Assembly may, by resolution, delegate to the Speaker the power to withdraw the right of a person to broadcast, or record for broadcast, public proceedings of the Legislative Assembly or a committee of the Assembly.

The Legislative Assembly may, by resolution, delegate to a committee of the Assembly the power to withdraw the right of a person to broadcast, or record for broadcast, public proceedings of the committee.

A resolution under subsection (1), (2) or (3) may state the way in which a right to broadcast or record may be withdrawn.

A person may apply in writing to the clerk for access to the recording and transmission facilities of the Legislative Assembly for transmission to the applicant of public proceedings of the Legislative Assembly or a committee of the Assembly.

Note If a form is approved under s 10 (Approved forms) for an application, the form must be used.

The clerk must give the access requested in an application under subsection (1) if—

the clerk is satisfied that the recording and transmission facilities of the Legislative Assembly have the capacity to satisfactorily support the equipment the applicant proposes to connect to them; and

the clerk is satisfied the mode of access requested is reasonable for the purpose for which it is sought; and

the applicant’s right to broadcast the proceedings for which the application is made has not been withdrawn under this Act; and

the applicant enters into a written agreement with the Territory to—

comply with any determination in effect under section 5 (2); and

provide, or arrange for the provision of, the telecommunication lines and other equipment necessary for the access (the access equipment); and

pay the costs and expenses of connecting the access equipment to the recording and transmission facilities of the Legislative Assembly; and

pay the costs and expenses of maintaining the access equipment; and

pay the costs and expenses of the Office of the Legislative Assembly in giving access to the proceedings of the Legislative Assembly and its committees by the access equipment.

The clerk may withdraw electronic access to proceedings given to a person under section 7 if the person—

ceases to be entitled to broadcast, or record for broadcast, proceedings of the Legislative Assembly or a committee of the Assembly under this Act; or

does not comply with the person’s agreement under section 7 (2) (d).

If a person’s electronic access to proceedings is withdrawn under subsection (1) (a), the clerk must restore the access if the person again becomes entitled to broadcast, or record for broadcast, proceedings of the Assembly or a committee of the Assembly under this Act and applies to the clerk in writing for restoration of the access.

If a person’s electronic access to proceedings is withdrawn under subsection (1) (b), the clerk must restore the access if the person remedies his or her breach of the agreement and applies to the clerk in writing for restoration of the access.

The Speaker may, in writing, direct that a person be given access to the recording and transmission facilities of the Legislative Assembly for transmission to the person of public proceedings of the Assembly or a committee of the Assembly.

Note The power to make a direction includes the power to amend or repeal it (see Legislation Act, s 46 (1)).

The Speaker must give a copy of the direction to the person.

The direction is a disallowable instrument.

Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Note 2 An amendment or repeal of a direction is also a disallowable instrument (see Legislation Act, s 46 (2)).

Neither civil nor criminal proceedings may be brought against a member of the Office of the Legislative Assembly for transmitting or broadcasting proceedings of the Legislative Assembly, or a committee of the Assembly, in carrying out the member’s duties.

It is a defence to an action for defamation for matter in a broadcast of proceedings of the Legislative Assembly, or a committee of the Assembly, made in the exercise of a right given by this Act that the defamatory matter was broadcast by the defendant without adoption by the defendant of the substance of the matter and the defamatory matter was part of a fair and accurate report of the proceedings.

Subsection (2) does not deprive a person of a defence that the person has apart from this section.

Subsection (2) does not apply to a person for a broadcast made by the person while the person’s right to make the broadcast was withdrawn under section 6 (Withdrawal of rights to broadcast).

The clerk may, in writing, approve forms for this Act.

If the clerk approves a form for a particular purpose, the approved form must be used for that purpose.

Note For other provision about forms, see Legislation Act 2001, s 255.

An approved form is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

Dictionary (see s 3)

Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

• function

• Legislative Assembly

• Office of the Legislative Assembly

• person

• Speaker.

broadcast includes—

transmission to the public by radio, television, landline, the Internet or any other electronic means; and

rebroadcast.

clerk means the clerk of the Legislative Assembly.

public proceedings, of the Legislative Assembly or a committee of the Assembly, means proceedings of the Assembly or committee open to the public.

rebroadcast means to broadcast from a recording.

record, proceedings of the Legislative Assembly or a committee of the Assembly, means make a sound or visual recording of the proceedings.