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Parliamentary Privilege
3 Criteria
to be taken into account when determining matters relating to contempt
The Senate declares that it will take into
account the following criteria when determining whether matters possibly
involving contempt should be referred to the Committee of Privileges and
whether a contempt has been committed, and requires the Committee of Privileges
to take these criteria into account when inquiring into any matter referred to
it:
(a) the principle that the Senate’s
power to adjudge and deal with contempts should be used only where it is
necessary to provide reasonable protection for the Senate and its committees
and for senators against improper acts tending substantially to obstruct them
in the performance of their functions, and should not be used in respect of
matters which appear to be of a trivial nature or unworthy of the attention of
the Senate;
(b) the existence of any remedy other
than that power for any act which may be held to be a contempt; and
(c) whether a person who committed any
act which may be held to be a contempt:
(i) knowingly committed that
act, or
(ii) had any reasonable excuse
for the commission of that act.
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