Chapter
2 - Parliamentary Privilege: immunities and powers of the Senate
Police powers in the precincts
Section 15 of the 1987 Act indicates that the police may exercise in
the precincts the powers which they possess under the ordinary law.
By long-established practice, however, police do not conduct any
investigations, make arrests, or execute any process (e.g., search warrants) in
the parliamentary precincts without consultation with the Presiding Officers.
Section 8 of the Parliamentary Precincts Act provides for the
Australian Federal Police to arrest and hold in custody persons required to be
detained by order of either House, under general arrangements agreed to by the
Presiding Officers and the minister responsible for the police.
Section 9 provides for members of the Australian Protective Service to
perform functions in the precincts in accordance with general arrangements made
between the Presiding Officers and the minister responsible for the service.
Section 10 provides for the functions of the Director of Public
Prosecutions in relation to offences committed in the precincts to be performed
in accordance with general arrangements agreed to by the Presiding Officers and
the Director of Public Prosecutions.
Arrangements made under these provisions were laid before the Senate on
28 February
1989
(J.1384).
See also above, under Subpoenas, search warrants and members, for the
execution of search warrants in the premises of senators.
In 1978 the Committee of Privileges examined security measures for
Parliament House introduced by the Presiding Officers. The Committee considered
that the measures did not affect the powers or immunities of the Senate (3rd
report, PP 22/1978).
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