Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 699

699 Staying prosecution for publication of parliamentary paper

(1) A person prosecuted on a charge of the unlawful publication of defamatory matter which is contained in any paper published by the person, or by the person’s servant, by order or under the authority of the Legislative Assembly, may, at any stage of the proceedings, apply to the Supreme Court or a judge thereof or to the court in which the proceedings are pending, for an order staying the prosecution, first giving 24 hours notice of intention so to do to the prosecutor; and upon production to the court or judge of a certificate under the hand of the Speaker of the Legislative Assembly or clerk of the Parliament stating that the paper in respect of which the prosecution is instituted was published by the defendant, or by the defendant’s servant, by order or under the authority of the Assembly, together with an affidavit verifying such certificate, the court or judge is required immediately to stay the prosecution, and may order the prosecutor to pay to the defendant the defendant’s costs of defence.

(2) A person prosecuted on a charge of the unlawful publication of defamatory matter which is contained in a copy of, or an extract from or abstract of, any such paper, may, at any stage of the proceedings, apply to the Supreme Court or a judge thereof, or to the court in which the proceedings are pending, for an order staying the prosecution; and upon production to the court or judge of an original of such paper, together with such a certificate as aforesaid, and an affidavit verifying the same, the court or judge may stay the prosecution, and may order the prosecutor to pay to the defendant the defendant’s costs of defence.