Legislative Assembly Precincts Act 2001

This Act is the Legislative Assembly Precincts 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 this Act.

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

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The Assembly precincts consist of the land described in subsection (2) and all buildings, structures and works on, above or under any of that land.

The land within the Assembly precincts is—

block 3, section 19, division of City, Canberra Central District; and

that part of Civic Square under the public entrance canopy.

In this section:

Assembly building means the building occupying block 3, section 19, division of City, Canberra Central District.

public entrance canopy means the fixed canopy attached to the northern side of the Assembly building near the public entrance.

This section applies to property that is leased to or managed by the Territory and is not within the Assembly precincts defined by section 5.

If the Speaker gives a written certificate that stated property is required for use by the Assembly, the regulations may declare that the property is to be treated as part of the Assembly precincts for this Act.

The Speaker is responsible for the control and management of the Assembly precincts and may take any action the Speaker considers necessary for those purposes.

The Assembly may, by resolution, give the Speaker directions about the exercise of the Speaker’s functions under subsection (1).

If the Legislative Assembly gives a direction under subsection (2), the Speaker must comply with the direction.

The Speaker may, on behalf of the Territory—

grant a licence to a person to use any part of the Assembly precincts; and

exercise any rights of the Territory in relation to the licence.

Note 1 If a form is approved under s 11B for a licence, the form must be used.

Note 2 A fee may be determined under s 11A for this provision.

A licence under subsection (1) must—

be in writing; and

identify the licensee; and

state—

the part of the Assembly precincts to which it applies; and

the use and period for which it applies.

A licence under subsection (1) is subject to any condition stated in the licence.

The Speaker may delegate the Speaker’s functions under this section to—

the clerk of the Legislative Assembly; or

a member of staff of the Office of the Legislative Assembly who has an employment classification of senior officer grade C or above, or an equivalent classification.

In this section:

Assembly precincts includes anything within the precincts.

The Speaker’s functions under section 7 must be exercised in relation to the Executive area in accordance with any limitations and conditions agreed in writing between the Speaker and the Chief Minister.

In this section:

Executive area means the area of the Assembly precincts reserved for the use of the Executive by a written agreement between the Speaker and the Chief Minister.

The Speaker may direct a person who is not a member—

to leave the Assembly precincts; or

not to enter the Assembly precincts.

The Speaker may arrange for the removal or exclusion from the Assembly precincts of a person given a direction under subsection (1) using any necessary and reasonable force and assistance.

The Speaker, or a person acting under the Speaker’s direction, does not incur civil or criminal liability for an act or omission done honestly and without negligence under this section.

A civil liability that would, apart from this section, attach to the Speaker, or a person acting under the direction of the Speaker, attaches instead to the Territory.

The Speaker may delegate the Speaker’s functions under this section to—

the clerk of the Legislative Assembly; or

a member of staff of the Office of the Legislative Assembly who has an employment classification of senior officer grade C or above, or an equivalent classification; or

a member of staff of the Office of the Legislative Assembly who is responsible for the security of the Legislative Assembly.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

A person must not engage in conduct that contravenes a direction by the Speaker under section 9 (1).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

In this section:

engage in conduct means—

do an act; or

omit to do an act.

The Crimes Act 1900, section 154 (Additional offences on territory premises) applies to the Assembly precincts as if they were government premises within the meaning of that section.