Parliamentary Precincts Act 2001

i Parliamentary Precincts Act 2001 Act No. 4/2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 1 3. Definitions 2 4. Act does not affect privileges etc. 3 PART 2—THE PARLIAMENTARY PRECINCTS 5 5. Application of Part 5 6. Governor in Council may make order 5 7. Governor in Council may revoke order 5 8. Presiding officers control and manage Parliamentary precincts 6 9. Powers of presiding officers over Parliamentary precincts 6 10. Delegation of powers to certain Parliamentary officers 7 11. Memorandum of understanding with police 8 12. Police to comply with memorandum of understanding 9 13. Certificates are evidence 9 PART 3—SECURITY OF THE PARLIAMENTARY PRECINCTS 11 14. Application of Part 11 15. Directions of presiding officers 11 16. Powers to give directions 12 17. When do directions apply? 12 18. How are directions given? 13 19. Powers to remove persons 13 20. Power to require name and address 14 21. Power to arrest and detain without warrant 15 22. Refusal to leave Parliamentary precincts 16 23. Entering or re-entering Parliamentary precincts contrary to direction 16 24. Refusal to give name and address 17 25. Hindering or obstructing authorised officer 17 26. Who may prosecute? 17 27. Certificates are evidence 17 -- 1 of 28 -- Section Page ii PART 4—GENERAL 19 28. Amendment of the Parliamentary Committees Act 1968 19 29. Amendment of the Road Safety Act 1986 19 30. Repeal of sections 3 and 4 of Unlawful Assemblies and Processions Act 1958 22 __________________ SCHEDULE—Parliamentary reserve 23 ═══════════════ ENDNOTES 24 INDEX 25 -- 2 of 28 -- 1 Parliamentary Precincts Act 2001† [Assented to 10 April 2001] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The main purpose of this Act is to provide for the control, management and security of the Parliamentary precincts. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria No. 4 of 2001 -- 3 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 2 3. Definitions In this Act— "authorised officer" means— (a) the President of the Legislative Council; (b) the Speaker of the Legislative Assembly; (c) the Usher of the Black Rod of the Legislative Council; (d) the Serjeant-at-Arms of the Legislative Assembly; (e) the Clerk of the Legislative Council; (f) the Clerk of the Legislative Assembly; (g) the Deputy Clerk of the Legislative Council; (h) the Deputy Clerk of the Legislative Assembly; (i) a member of the police force; (j) a protective services officer; "House" means a House of the Parliament; "memorandum of understanding" means a memorandum of understanding entered into in accordance with section 11; "Parliamentary precincts" means— (a) the Parliamentary reserve; and (b) any other land or premises for the time being declared to be part of the Parliamentary precincts under section 6; s. 3 -- 4 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 3 "Parliamentary reserve" means the land shown in the plan in the Schedule, being the land— (a) contained in certified plan No. 107128 lodged in the Central Plan Office of the Department of Natural Resources and Environment; and (b) permanently reserved under the Crown Land (Reserves) Act 1978 by Order in Council dated 13 October 1984 and published in the Government Gazette on 7 November 1984 at page 4002; "presiding officer" has the same meaning as it has in the Constitution Act 1975; "protective services officer" means a person appointed as a protective services officer under the Police Regulation Act 1958. 4. Act does not affect privileges etc. Nothing in this Act derogates from the privileges, immunities and powers held, possessed or enjoyed by custom, statute or other law or otherwise of— (a) the Parliament; and (b) each House; and (c) the President of the Legislative Council; and (d) the Speaker of the Legislative Assembly; and (e) the members and Committees of each House; and (f) the joint Committees of the Parliament; and (g) the Usher of the Black Rod of the Legislative Council; and (h) the Serjeant-at-Arms of the Legislative Assembly; and s. 4 -- 5 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 4 (i) the staff, employees, agents or delegates of the Parliament or of the presiding officers. _______________ s. 4 -- 6 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 5 PART 2—THE PARLIAMENTARY PRECINCTS 5. Application of Part (1) This Part has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978. (2) Nothing in this Part affects the duties or functions of the House Committee within the meaning of the Parliamentary Committees Act 1968, whether or not those duties or functions are given under that Act or any other law or custom. 6. Governor in Council may make order (1) The Governor in Council, on the recommendation of either or both of the presiding officers, may, by order published in the Government Gazette, declare land or premises to be part of the Parliamentary precincts. (2) A presiding officer may make a recommendation referred to in sub-section (1) if satisfied that— (a) the land or premises is required for the purposes of the Parliament; and (b) it is appropriate to treat the land or premises as part of the Parliamentary precincts. (3) An order made under sub-section (1) remains in force— (a) until the revocation date specified in the order; or (b) if no revocation date is specified in the order, until it is revoked under section 7. (4) An order under sub-section (1) must not be made in respect of land or premises which is an electorate office of a member of Parliament. 7. Governor in Council may revoke order s. 5 -- 7 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 6 (1) The Governor in Council, on the recommendation of either or both the presiding officers, may, by order published in the Government Gazette, revoke an order made under section 6. (2) A presiding officer may make a recommendation referred to in sub-section (1) if satisfied that— (a) the land or premises is no longer required for the purposes of the Parliament; and (b) it is no longer appropriate to treat the land or premises as part of the Parliamentary precincts. 8. Presiding officers control and manage Parliamentary precincts (1) The presiding officers are jointly and severally responsible for the control and management of the Parliamentary precincts. (2) This section does not affect— (a) the powers of each House to control and manage its own affairs and proceedings; and (b) the orders of each House in relation to its own affairs and proceedings; and (c) the powers of each House in relation to the control and management of the parts of the Parliamentary precincts which— (i) constitute the chamber of the House concerned; or (ii) are used exclusively or principally for the purposes of the House concerned. 9. Powers of presiding officers over Parliamentary precincts s. 9 -- 8 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 7 (1) The presiding officers have all the powers necessary and expedient for the control and management of the Parliamentary precincts. (2) Without limiting the generality of sub-section (1), the presiding officers— (a) may grant leases or licences in respect of any part of the Parliamentary precincts; (b) may enter into agreements or arrangements in respect of— (i) works to be performed in the Parliamentary precincts; or (ii) any other matter in respect of any part of the Parliamentary precincts. (3) A lease, licence or other agreement granted or entered into under this section is subject to the terms, conditions and covenants determined by the presiding officers. (4) Subject to sub-section (2), nothing in this section permits the mortgage, sale or disposal of any part of the Parliamentary reserve. 10. Delegation of powers to certain Parliamentary officers A presiding officer, by instrument, may delegate any of his or her powers or functions under this Act other than— (a) a power under section 9(2) and (3); or (b) a power under section 15; or (c) a power under section 16(5); or (d) this power of delegation— to any of the following— (e) the Usher of the Black Rod of the Legislative Council; -- 9 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 8 (f) the Serjeant-at-Arms of the Legislative Assembly; (g) the Clerk of the Legislative Council; (h) the Clerk of the Legislative Assembly; (i) the Deputy Clerk of the Legislative Council; (j) the Deputy Clerk of the Legislative Assembly. 11. Memorandum of understanding with police (1) The presiding officers may enter into a memorandum of understanding with the Chief Commissioner of Police relating to the exercise of police functions within the Parliamentary precincts. (2) Without limiting sub-section (1), a memorandum of understanding may— (a) empower members of the police force or protective services officers to carry out specified functions within the Parliamentary precincts relating to the security of the Parliamentary precincts in addition to any other functions given under this Act, without the specific authorisation or directions of the presiding officers on every occasion; (b) impose conditions on the exercise of functions which are the subject of a memorandum of understanding; (c) provide directions as to the manner of the exercise of functions which are the subject of a memorandum of understanding. (3) The functions given to members of the police force under a memorandum of understanding are in addition to and not in derogation of any power or function a member of the police force has as an s. 11 -- 10 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 9 authorised officer or as a member of the police force. (4) A memorandum of understanding continues in force— (a) despite the expiration or dissolution of either House; and (b) until it is revoked by the presiding officers or the Chief Commissioner of Police, whether during the same or a subsequent session of the Parliament. (5) A memorandum of understanding may be amended at any time by agreement of the presiding officers and the Chief Commissioner of Police. 12. Police to comply with memorandum of understanding (1) A member of the police force or a protective services officer must comply with the conditions and directions applying to a function which is the subject of a memorandum of understanding. (2) A failure by a member of the police force or a protective services officer to comply with a condition or direction applying to a function which is the subject of a memorandum of understanding does not invalidate any action taken by that member or officer in the purported exercise of that function. 13. Certificates are evidence (1) In a prosecution for an offence under this Act or any other Act or law, a certificate which purports to be signed by a presiding officer, the Usher of the Black Rod of the Legislative Council, the Serjeant-at-Arms of the Legislative Assembly, the Clerk of the Legislative Council, the Clerk of the Legislative Assembly, the Deputy Clerk of the Legislative Council or the Deputy Clerk of the s. 12 -- 11 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 10 Legislative Assembly stating that a member of the police force or a protective services officer— (a) in performing any function which is the subject of a memorandum of understanding, was authorised to perform that function by the memorandum; and (b) that the function which is the subject of a memorandum of understanding was or was not subject to a condition or direction applying to the exercise of that function— is evidence, and, in the absence of evidence to the contrary, is proof, that the member or officer was so authorised and that the function was or was not subject to that condition or direction. (2) All courts must take judicial notice of the signature of the presiding officer, the Usher of the Black Rod of the Legislative Council, the Serjeant-at-Arms of the Legislative Assembly, the Clerk of the Legislative Council, the Clerk of the Legislative Assembly, the Deputy Clerk of the Legislative Council or the Deputy Clerk of the Legislative Assembly (as the case requires) on a certificate referred to in sub-section (1). _______________ s. 13 -- 12 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 11 PART 3—SECURITY OF THE PARLIAMENTARY PRECINCTS 14. Application of Part (1) Nothing in this Part authorises— (a) the giving of a direction to a member of either House to leave or not to enter the Parliamentary precincts; or (b) the giving of a direction that a member of either House be removed from or prevented from entering the Parliamentary precincts; or (c) the removal of a member of either House from the Parliamentary precincts; or (d) the preventing of a member of either House from entering the Parliamentary precincts. (2) Nothing in this Part affects any power which exists otherwise than by virtue of this Act— (a) by which members of either House can be removed from or prevented from entering a Parliamentary chamber or the Parliamentary precincts; or (b) to give directions for the purposes specified in paragraph (a). 15. Directions of presiding officers (1) In the exercise of any power or function under this Part, an authorised officer (including a member of the police force or a protective services officer) is subject to any direction of a presiding officer— (a) not to exercise that power or function; or (b) to cease the exercise of that power or function. s. 14 -- 13 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 12 (2) Nothing in this section empowers a presiding officer to direct a member of the police force or a protective services officer to exercise a power or function under this Act or any other Act or law. (3) A direction under this section to cease the exercise of a power or function does not invalidate anything done in the exercise of that power or function before the direction is given. 16. Powers to give directions (1) An authorised officer may direct a person to leave or not to enter the Parliamentary precincts if the authorised officer believes on reasonable grounds that the direction is necessary for the good order and security of the Parliamentary precincts. (2) A direction to leave or not to enter the Parliamentary precincts may apply to— (a) the whole of the Parliamentary precincts; or (b) any part of the Parliamentary precincts. (3) A direction to leave or not to enter the Parliamentary precincts may specify a period, not exceeding 7 days, for which the direction applies. (4) If a direction does not specify a period, the direction applies for 24 hours. (5) During the period that a direction under sub- section (1) applies, a presiding officer may, by written notice to the person to whom that direction applies, further direct the person not to enter the Parliamentary precincts during the period specified in that written notice, without the leave of the presiding officer. (6) A notice under sub-section (5) must be served on the person to whom it applies either personally or by post. 17. When do directions apply? s. 16 s. 17 -- 14 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 13 A direction under section 16(1) or (5) to leave or not to enter the Parliamentary precincts applies at any time, whether or not either or both Houses are sitting. 18. How are directions given? (1) An authorised officer may give a direction under section 16(1) to leave or not to enter the Parliamentary precincts in either or both of the following ways— (a) orally; (b) by notice in writing displayed in a conspicuous place in the Parliamentary precincts. (2) If an oral direction to leave or not to enter the Parliamentary precincts is given to a group or assembly of persons, it is deemed to have been given to each member of the group or assembly if the oral direction is made in a manner which is likely to be audible to all the members of the group or assembly or as many of them as is reasonably practicable. (3) Before giving an oral direction to leave or not to enter the Parliamentary precincts, an authorised officer who is not in uniform or ceremonial dress, must state his or her name and position. 19. Powers to remove persons (1) An authorised officer may— (a) remove a person or cause a person to be removed from the Parliamentary precincts; or (b) prevent a person or cause a person to be prevented from entering or re-entering the Parliamentary precincts. -- 15 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 14 (2) It is lawful for an authorised officer, using no more force than is reasonably necessary— (a) to remove a person from the Parliamentary precincts; or (b) to prevent a person from entering or re- entering the Parliamentary precincts; or (c) to cause a person to be removed or prevented from entering or re-entering the Parliamentary precincts. (3) An authorised officer may only exercise powers under this section if he or she believes on reasonable grounds that the person— (a) has failed to comply with a direction under section 16(1) or (5); or (b) has committed or has attempted to commit an offence under this Act or any other Act or law. 20. Power to require name and address (1) An authorised officer may require a person to give his or her name and address to the authorised officer if the authorised officer reasonably believes that the person has failed or refused to leave the Parliamentary precincts when directed to do so by an authorised officer under section 16(1). (2) Before requiring a person to state his or her name and address, an authorised officer must— (a) state his or her own name and position, unless the authorised officer is in uniform or ceremonial dress; and (b) inform the person that the authorised officer believes that the person has committed an offence against this Act by failing or refusing to leave the Parliamentary precincts s. 20 -- 16 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 15 when directed to do so by an authorised officer; and (c) inform the person that it is an offence against this Act— (i) to fail or refuse to give his or her name and address to an authorised officer when directed to do so; or (ii) to give a false or misleading name and address to an authorised officer. 21. Power to arrest and detain without warrant (1) An authorised officer may, without warrant, arrest a person who is in the Parliamentary precincts if the authorised officer reasonably believes that the person has committed an offence against section 22 or 23. (2) If a person is arrested under sub-section (1) by an authorised officer who is a member of the police force or a protective services officer, the authorised officer must as soon as practicable bring the person, or cause him or her to be brought, before the Magistrates' Court to be dealt with according to law. (3) If a person is arrested under sub-section (1) by an authorised officer who is not a member of the police force or a protective services officer, the authorised officer, using no more force than is reasonably necessary, may detain the person arrested in a suitable place in or near the Parliamentary precincts until the person is delivered into the custody of a member of the police force under sub-section (4). (4) An authorised officer who detains a person under sub-section (3) must as soon as practicable deliver the person into the custody of a member of the police force to be dealt with according to law. s. 21 -- 17 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 16 (5) A person may not be detained under this section unless— (a) the person detained is informed of the reasons for the detention; and (b) the authorised officer effecting the detention— (i) as soon as practicable notifies a member of the police force of the detention and the reasons for the detention; and (ii) requests the assistance of a member of the police force. (6) Nothing in this section prevents the arrest of a person in accordance with any other law. 22. Refusal to leave Parliamentary precincts A person must not fail or refuse to leave the Parliamentary precincts or any part of the Parliamentary precincts when directed to leave by an authorised officer under section 16(1). Penalty: 10 penalty units. 23. Entering or re-entering Parliamentary precincts contrary to direction A person must not, contrary to a direction of an authorised officer under section 16(1) or a further direction of a presiding officer under section 16(5)— (a) enter or re-enter the Parliamentary precincts or any part of the Parliamentary precincts; or (b) attempt to enter or re-enter the Parliamentary precincts or any part of the Parliamentary precincts. Penalty: 10 penalty units. s. 22 -- 18 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 17 24. Refusal to give name and address A person within the Parliamentary precincts must not— (a) fail or refuse to give his or her name and address to an authorised officer when required to do so under section 20; or (b) give a false or misleading name and address to an authorised officer when required to give his or her name and address under section 20. Penalty: 5 penalty units. 25. Hindering or obstructing authorised officer A person must not, without reasonable excuse, hinder or obstruct an authorised officer acting in the course of the exercise of his or her powers or functions under this Act. Penalty: 10 penalty units. 26. Who may prosecute? Proceedings for an offence against this Act may be taken by an authorised officer. 27. Certificates are evidence (1) In a prosecution for an offence under this Act or any other Act or law, a certificate which purports to be signed by a presiding officer stating that— (a) a person is an authorised officer; or (b) a direction under section 15 had or had not been given in respect of the exercise of a power or function which may be the subject of those proceedings— s. 24 -- 19 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 18 is evidence, and, in the absence of evidence to the contrary, is proof, of the matters stated in the certificate. (2) All courts must take judicial notice of the signature of a presiding officer on a certificate referred to in sub-section (1). _______________ s. 27 -- 20 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 19 PART 4—GENERAL 28. Amendment of the Parliamentary Committees Act 1968 In the Parliamentary Committees Act 1968— (a) in section 46, sub-section (2) is repealed; (b) the Schedule is repealed. 29. Amendment of the Road Safety Act 1986 (1) In section 3(1) of the Road Safety Act 1986, insert the following definitions— ' "Parliamentary reserve" has the same meaning as it has in the Parliamentary Precincts Act 2001; "presiding officer" has the same meaning as it has in the Constitution Act 1975;'. (2) In section 3 of the Road Safety Act 1986, after sub-section (1) insert— "(1A) The provisions of this Act and the regulations relating to— (a) parking infringements (other than parking infringements involving a contravention of section 90E); and (b) the parking of vehicles; and s. 28 See: Act No. 7727. Reprint No. 5 as at 14 December 1999 and amending Act Nos 53/1999, 55/1999, 74/2000 and 98/2000. LawToday: www.dms. dpc.vic. gov.au See: Act No. 127/1986. Reprint No. 6 as at 1 December 2000 and amending Act Nos 19/1991 and 89/1991. LawToday: www.dms. dpc.vic. gov.au -- 21 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 20 (c) any other prescribed offence; and (d) any other prescribed matter— apply to the Parliamentary reserve as if the Parliamentary reserve were a highway.". (3) In section 77(1) of the Road Safety Act 1986, paragraph (b) is repealed. (4) In section 77(2) of the Road Safety Act 1986, after paragraph (d) insert— "(da) the presiding officers of the Legislative Council and the Legislative Assembly, if the offence occurs on the Parliamentary reserve;". (5) In section 77 of the Road Safety Act 1986, for sub-sections (6), (7) and (8) substitute— "(6) If a parking infringement (other than a parking infringement involving a contravention of section 90E) or other offence prescribed for the purposes of section 3(1A) occurs on land which is part of the Parliamentary reserve, no prosecution may be taken in respect of it except on the written direction of a presiding officer authorising the prosecution either generally or in a particular case. (7) In a prosecution for an offence in relation to a parking infringement (other than a parking infringement involving a contravention of section 90E) or other offence prescribed for the purposes of section 3(1A) occurring on the Parliamentary reserve, a certificate which purports to be signed by a presiding officer stating that a person is authorised to take proceedings in respect of that parking infringement or offence is evidence, and, in s. 29 -- 22 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 21 the absence of evidence to the contrary, is proof, that the person is so authorised. (8) All courts must take judicial notice of the signature of a presiding officer on a certificate referred to in sub-section (7).". (6) In section 87 of the Road Safety Act 1986, after sub-section (1) insert— "(1AA) Despite sub-section (1), if a parking infringement (other than a parking infringement involving a contravention of section 90E) occurs on land which is part of the Parliamentary reserve, no parking infringement notice in respect of it may be served except on the written direction of a presiding officer authorising the serving of a parking infringement notice either generally or in a particular case. (1AB) In a prosecution in relation to a parking infringement notice served in accordance with this section occurring on the Parliamentary reserve, a certificate which purports to be signed by a presiding officer, stating that a person is authorised to serve that parking infringement notice or take proceedings in respect of that parking infringement notice is evidence, and, in the absence of evidence to the contrary, is proof, that the person is so authorised. (1AC) All courts must take judicial notice of the signature of a presiding officer on a certificate referred to in sub-section (1AB).". s. 29 -- 23 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 22 30. Repeal of sections 3 and 4 of Unlawful Assemblies and Processions Act 1958 Sections 3 and 4 of the Unlawful Assemblies and Processions Act 1958 are repealed. __________________ s. 30 See: Act No. 6406. Reprint No. 2 as at 26 May 1994. LawToday: www.dms. dpc.vic. gov.au -- 24 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 23 SCHEDULE PARLIAMENTARY RESERVE ═══════════════ Sch. -- 25 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 24 ENDNOTES † Minister's second reading speech— Legislative Assembly: 22 March 2001 Legislative Council: 4 April 2001 The long title for the Bill for this Act was "to provide for the control, management and security of the Parliamentary precincts, to repeal certain provisions in the Unlawful Assemblies and Processions Act 1958, to amend the Parliamentary Committees Act 1968 and the Road Safety Act 1986 and for other purposes." INDEX Endnotes -- 26 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 25 Subject Section Actamendments to other Acts 28–30 commencement 2 privileges not affected by 4 purpose 1 Arrest 21 Authorised officers definition 3 directions to 15, 27 hindrance or obstruction of 25 powers regarding arrest and detention 21 directions to people in precincts 16–19 prosecution 26 removal of people from precincts 19 requiring name and address 20 Definitions 3 Evidence 13, 27 Memorandum of understanding 3, 11–12 Offences 22–26 Parliamentary officers 10, 13 Parliamentary precincts application of Parts 2, 3 5, 14 control and management 8–9 definition 3 directions regarding leaving and entering 16–18, 22–23 land or premises declared to be 6–7 police functions, powers within 11–12, 13, 21 preventing people from entering 19 refusal to leave 20, 22 removal of people from 19 Parliamentary reserve 3, Sch. Police directions to 15, 27 functions, powers within Parliamentary precincts 11–12, 13, 21 memorandum of understanding 11–12 Presiding officers certificates signed by 13, 27 definition 3 delegation of powers and functions 10 directions from 15–18, 23, 27 powers and functions regarding control and management of precincts 8–9 memorandum of understanding with Police 11 directions to people in precincts 16–18 Prosecutions 26 Protective services officers -- 27 of 28 -- Act No. 4/2001 Parliamentary Precincts Act 2001 26 Subject Section directions to 15, 27 functions, powers within Parliamentary precincts 11–12, 13, 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– -- 28 of 28 --