Parliament Act, 1965 Act 300 (Revised Edition)

ACT 300
Parliament Act, 1965
ACT 300
PARLIAMENT ACT, 1965
ARRANGEMENT OF SECTIONS
Membership
SECTION
1. Persons qualified for membership)
2. Tenure of membership. 3. FUling of vacancies. 4. Oaths. 5. Allowances to be paid to Members. Speaker, Deputy Speaker and Officers
6. The Speaker. 7. Speaker’s salary and allowances. 8. Deputy Speaker. 9. A Deputy Speaker's salary and allowances. 10. Powers of Deputy Speaker. 11. Staff ofAssembly. Proceedings of the Assembly
12. Standing Orders. 13. Quorum. 14. Voting. 15. Right to introduce Bills. 16. Restriction on financial business. 17. Irregularities not to invalidate proceedings. Privileges and Immunities
18. Freedom of speech and proceedings. 19. Immunity from piocecdings for Acts in Parliament. 20. Immunity from service of process and arrest. 21. Immunity from witness summons. 22. Immunity from service as juryman. 23. Immunity from acts authorised by Parliament. 24. Immunity from publication of proceedings. 25. Privilege of witnesses. Contempt ofParliament
26. General,
27. Interference with Members and officers. 28. Interference with proceedings. 1.

ings. 25. Privilege of witnesses. Contempt ofParliament
26. General,
27. Interference with Members and officers. 28. Interference with proceedings. 1.

Note—
The sections printed in italics have been superseded by the provisions in Chapter Ten of the 1992 Constitution. VI - 2251 (Issue 1]

Note—
The sections printed in italics have been superseded by the provisions in Chapter Ten of the 1992 Constitution. VI - 2251 (Issue 1]

ACT 300
Parliament Act, 1965
SECTION
29. Inducing false or incomplete evidence. 30. Disobedience by witnesses. 31. Disobedience by Members. 32. Disobedience by strangers. 33. Defamation of Assembly. Punishment of Offences
34. Exclusion of disorderly Member. 35. Reprimand of Member in contempt. 36. Suspension of Member in contempt. 37. Expulsion of Member. 38. Punishment of officer in contempt. 39. Exclusion of stranger in contempt. 40. Detention of stranger causing disturbance. 41. Reprimand of stranger in contempt. 42. Removal of trespassers. 43. Criminal prosecution. Miscellaneous
44. Interpretation. 45. Repeals. ACT 300
PARLIAMENT ACT, 19652
AN ACT to consolidate with amendments the enactments relating to Parliament. Membership
1. Persons qualified for membership
(1) Subject to the Provisions of this section, a person shall be qualified to be elected
as a Member if
(a) he is a citizen of Ghana, and
(b) he has attained the age of twenty-five years, and
2. This Act was assented to on 27th September, 1965, as the National Assembly Act, 1965. It was enacted
pursuant to article 20 of the Constitution.

nd
2. This Act was assented to on 27th September, 1965, as the National Assembly Act, 1965. It was enacted
pursuant to article 20 of the Constitution.

Most of the provisions of this Act have been suspended by Chap
ter Ten of the Constitution. The spent provisions are here printed in italics. (Issue 1] VI - 2252

provisions of this Act have been suspended by Chap
ter Ten of the Constitution. The spent provisions are here printed in italics. (Issue 1] VI - 2252

ACT 300
Parliament Act, 1965
(c) he is able both to speak and read the English language with a degree of
proficiency sufficient to enable him to take an active part in the proceed
ings of the Assembly:
Provided that a person who is unable to read by reason of blindness or
other physical cause shall not for that reason only be treated as failing to
satisfy the condition set out in paragraph (c) of this subsection. (2) No person shall be qualified to be elected as a Member if he is at the time of the
election a person such as is mentioned in the following Table.3
TABLE
1. A person holding the office ofPresident. 2. A person disqualified from practicing his profession in Ghana by virtue of an order made in
respect of him personally by a competent authority, not being an order made at his own request or
more than five years previously. 3. A person adjudged to be of unsound mind or detained as a criminal lunatic. 4.

an order made at his own request or
more than five years previously. 3. A person adjudged to be of unsound mind or detained as a criminal lunatic. 4.

A person who has been sentenced in Ghana for any offence to death or to imprisonment for
a term exceeding twelve months, or for any offences to imprisonment for consecutive terms exceed
ing twelve months in all, not being a person
(a) who has been granted a free pardon in respect of the said offence or offences, or
(b) whose said imprisonment terminated more than five years previously. 5. A person who has been convicted in Ghana of an offence which involved dishonesty not be
ing a person
(a) who has been granted a free pardon in respect of the said offence, or
(b) whose imprisonment for the said offence terminated more than five years
previously, or
(c) who, not having been sentenced to imprisonment for the said offence, was convicted
more than five years previously. 6. A person against whom an order was made under the Preventive Detention Act, 1964
(Act 240) or under any enactment repealed by that Ad and continued in force by virtue of section 10
thereof. 7. A person who is disqualified for membership of the Assembly under the provisions of sec
tion 256 of the Criminal Code, 1960 (Act 29) or sections 85 or 89 of the Electoral Provisions Act,
1965 (Act 291).

ssembly under the provisions of sec
tion 256 of the Criminal Code, 1960 (Act 29) or sections 85 or 89 of the Electoral Provisions Act,
1965 (Act 291).

(3) If any question arises under this or the next following section as to whether an of
fence involved dishonesty it shall be determined by the Chief Justice, and a certificate
signed by the Chief Justice setting out his determination shall be conclusive for all
purposes. 2. Tenure of membership
(1) Every Member shall cease to be a Member on the dissolution of the Assembly. (2) A Member shall cease to be a Member if
(a) an event occurs whereby he becomes a person such as is mentioned in the
Table contained in the section 1; or
(b) the Speaker receives a notice signed by him whereby he resigns his seat; or
3. See article 9 of the 1992 Constitution. VI - 2253 [Issue 1]

n 1; or
(b) the Speaker receives a notice signed by him whereby he resigns his seat; or
3. See article 9 of the 1992 Constitution. VI - 2253 [Issue 1]

ACT 300
Parliament Act, 1965
(c) he is expelled from the Assembly under section 37 of this Act; or
(d) the Speaker receives a notice signed by a majority of the registered electors
in the electoral district in which such Member was elected that he no
longer enjoys the confidence and support of the electorate in that district:
Provided that in the case of a Member who is a member of the Party, the
notice is received by the speaker through the General Secretary of the
Party;
(e) the Speaker receives a notice signed by the General Secretary of the Party
that the Member who was elected to the National Assembly as a member of
the Party has ceased to be a member of the Party; or
(f) the Speaker receives a notice signed by the General secretary of the Party
that the Member who was elected to the National Assembly as a member of
the Party no longer enjoys the confidence and support of the Party; or
(g) in the course of the proceedings of the Assembly he publicly declares his
intention of systematically refraining from attending the proceedings of the
Assembly, and the Speaker or other person presiding confirms that the
member made that declaration in his hearing.4
3.

ttending the proceedings of the
Assembly, and the Speaker or other person presiding confirms that the
member made that declaration in his hearing.4
3.

Filling of vacancies
(1) There shall he a general election at a time within two months after every dissolu
tion of the Assembly as the President shall by proclamation appoint. (2) As soon as may be after
(a) the seat of a Member has become vacant by reason of his death or the op
eration ofsubsection (2) of section 2, or
(b) it is established that the election of a person as a Member is invalid by rea
son that the person was disqualified for election or otherwise,
the Speaker shall order the holding of a by-election to fill the vacant seat.6
4.

rea
son that the person was disqualified for election or otherwise,
the Speaker shall order the holding of a by-election to fill the vacant seat.6
4.

Oaths
Except for the purpose of enabling this section to be complied with, no Member shall
sit or vote in the Assembly or a committee until he has taken and subscribed before the
Assembly the Oath ofAllegiance and the Oath of a Member ofparliament, or has made
before the Assembly the appropriate affirmations in lieu thereof, as required by law:
Provided that if, between the time when a person becomes a Member and the time
when the Assembly next meets thereafter, a meeting takes place of a committee of which
that person is a member, that person may, in order to enable that person to attend the
meeting and take part in the proceedings, take and subscribe the said Oaths or make the
said affirmations before a Judge of the supreme Court, who shall forthwith report to the
Assembly through the Speaker that he has done so.6
4. See article 97 of the 1992 Constitution. 5. This is not governed by Regulations made by Constitutional Instrument made by to the Electoral
Commission. 6. See article 100 of the 1992 Constitution. [Issue 1] VI - 2254

by Regulations made by Constitutional Instrument made by to the Electoral
Commission. 6. See article 100 of the 1992 Constitution. [Issue 1] VI - 2254

ACT 300
Parliament Act, 1965
5. Allowances to be paid to Members
There may be paid to each Member allowances at such rates as may be fixed by the
Assembly; and the payment thereof is hereby charged on the Consolidated Fund.7
Speaker, Deputy Speaker and Officers
6. The Speaker
(7) The Speaker shall be a person elected by the Members, not being a Minister. (2) The election of the Speaker shall take place before the dispatch of any other busi
ness at the first sitting of the Assembly after the office of the Speaker has become vacant. (3) The office of the Speaker shall become vacant
(a) immediately before the first sitting of the Assembly after a dissolution; or
(b) on the publication in the Gazette of a notice signed by the Speaker whereby
the Speaker resigns from office; or
(c) if the Assembly resolves that it has no confidence in the speaker and the
resolution is supported by the votes of at least two-thirds of the total num
ber of Members:
Provided that a resolution under paragraph (c) of this subsection shall be of no ef
fect unless at least seven days’ notice that it was to be moved was given in the manner
required by Standing Orders for the giving of notices of motions.8
7.

less at least seven days’ notice that it was to be moved was given in the manner
required by Standing Orders for the giving of notices of motions.8
7.

Speaker’s salary and allowances
There shall be paid to the Speaker a salary and allowances at such rates as may be
fixed from time to time by the Assembly; and the payment there of is hereby charged on
the Consolidated Fundf
8. Deputy Speaker
(7) There shall be one more Deputy Speakers elected from among the Members, not
being Ministers, by the Members. (2) The election of a Deputy Speaker shall take place at the first sitting of the Assem
bly after the office of a Deputy Speaker ahs become vacant, or as soon thereafter as may
be convenient. (3) The office of a Deputy Speaker shall become vacant
(a) immediately before the first sitting of the Assembly after a prorogation or
dissolution; or
(b) if the Deputy Speaker ceases to be a Member otherwise than by reason of a
dissolution, or becomes a Minister; or
7. See article 98 of the 1992 Constitution. 8. See article 95 of the 1992 Constitution. 9. See article 95 (5) of the 1992 Constitution. VI - 2255 [Issue 1]

e article 98 of the 1992 Constitution. 8. See article 95 of the 1992 Constitution. 9. See article 95 (5) of the 1992 Constitution. VI - 2255 [Issue 1]

ACT 300
Parliament Act, 1965
(c) on the receipt by the Speaker, or, if the speaker is absent or his office is
vacant, by the Clerk, of a notice signed by the deputy Speaker whereby he
resigns his office; or
(d) if the Assembly resolves that it has no confidence in the Deputy Speaker.w
9. A Deputy Speaker’s salary and allowances
There shall be paid to a Deputy Speaker salary and allowances at such rates as may
be fixed from time to time by the Assembly; and the payment thereof is hereby charged on
the Consolidated Fund.11
10. Powers of Deputy Speaker
in the absence of any indication to the contrary in an enactment conterring functions
on the Speaker, a Deputy Speaker shall have power, if authorised in that behalf by the
Speaker or by Standing Orders, or if the office of the speaker is vacant, to perform any of
those functions, and, if the office of Speaker is vacant, shall perform any of those func
tions which are obligatory; and references to the Speaker in an enactment shall be con
strued accordingly. 11. Staff of Assembly
(1) There shall be a Clerk of the National Assembly, who shall be a person who is a
public officer.

l be con
strued accordingly. 11. Staff of Assembly
(1) There shall be a Clerk of the National Assembly, who shall be a person who is a
public officer.

(2) The staff of the Clerk shall consist ofpersons who are public officers.12
Proceedings of the Assembly
12. Standing Orders
(2) Subject to the provision of this Act, the Assembly may make Standing Orders for
the regulation and orderly conduct ofproceedings and the dispatch of business. (2) Without prejudice to the generality of subsection (1), Standing Orders may em
power the Speaker to issue a warrant of arrest for the purpose of securing the attendance
of a person ordered by the Assembly or a committee to appear before it and may for that
purpose apply, with such modifications as may be necessary, any enactment relating to
the arrest of accused persons.13
13. Quorum
No business except that of adjournment shall be transacted in the Assembly if objec
tion is taken by any Member present, not being a Member presiding, that there are less
than twenty-five Members present, excluding any Member presiding.4
10. See article 96 of the 1992 Constitution. 11. See article 96 of the 1992 Constitution. 12. See article 124 of the 1992 Constitution
13. See article 110 of the 1992 Constitution. 14. See article 102 of the 1992 Constitution
(Issue 1] VI - 2256

ee article 124 of the 1992 Constitution
13. See article 110 of the 1992 Constitution. 14. See article 102 of the 1992 Constitution
(Issue 1] VI - 2256

ACT 300
Parliament Act, 1965
14. Voting
(7) Subject to the provisions of this or any other Act, all questions proposed for deci
sion in the Assembly shall be determined by a majority of the votes of the Members pre
sent and voting; and if, upon any question before the Assembly, the votes of the Members
are equally divided the motion shall be lost. (2) The Speaker shall have neither an original nor a casting vote, but any other per
son presiding, including a Deputy Speaker shall have an original vote but no casting
vote.^
15. Right to introduce Bills
Subject to the provisions of the Act and of Standing Orders a Members may introduce
a Bill or propose a motion for debate in, or may present a petition to, Parliament, which
shall be disposed of according to Standing Orders.’6
16. Restriction on financial business
Except with the recommendation or consent of the President signified thereto, the As
sembly shall not proceed upon any Bill, motion or petition which, in the opinion of the
person presiding, would dispose of or charge the Consolidated Fund or other public
thereon, or impose, alter or repeal any rate, tax or duty.11
17.

he
person presiding, would dispose of or charge the Consolidated Fund or other public
thereon, or impose, alter or repeal any rate, tax or duty.11
17.

Irregularities not to invalidate proceedings
The Assembly or a committee shall not be disqualified for transaction of business by
reason of any vacancy among the Members, including any vacancy not filled at a general
election; and any proceedings therein shall be valid notwithstanding that some person
who was not entitled to do so sat or voted or otherwise took part in the proceedings.18
Privileges and Immunities
18. Freedom of speech and proceedings
There shall be freedom of speech, debate and proceedings in Parliament and that free
dom shall not be impeached or questioned in a Court or place out of Parliament.’9
19. Immunity from proceedings for Acts in Parliament
Without prejudice to the generality of section 18, civil or criminal proceedings shall
not be instituted against a Member in a Court or place out of Parliament by reason of any
thing said by the Member in Parliament or a matter or thing brought by the Member be
fore Parliament by petition, Bill, motion or otherwise.20
15. See article 104 of the 1992 Constitution. 16. See also articles 106 and 107 and 108 of the 1992 Constitution. 17. See article 108 of the 1992 Constitution. 18. See article 105 of the 1992 Constitution.

lso articles 106 and 107 and 108 of the 1992 Constitution. 17. See article 108 of the 1992 Constitution. 18. See article 105 of the 1992 Constitution.

19. See also article 115 of the 1992 Constitution. 20. See also article 116 of the 1992 Constitution. VI - 2257 (Issue 1]

19. See also article 115 of the 1992 Constitution. 20. See also article 116 of the 1992 Constitution. VI - 2257 (Issue 1]

ACT 300
Parliament Act, 1965
20. Immunity from service of process and arrest
(1) Civil or criminal process issuing from a Court or place out of Parliament shall not
(a) be served on, or executed in relation to, the Speaker or a Member while the
Speaker or Deputy Speaker or Member is on the way to, attending at or re
turning from a proceeding of Parliament, or
(b) be served or executed within the precincts of the Parliament while Parlia
ment is sitting, or
(c) be served or executed through the Speaker, a Deputy Speaker or an officer. (2) The Speaker, on an application being made in that behalf, may direct that para
graph (a) of subsection (I) shall not apply to the service or execution of a criminal proc
ess specified in the direction.21
21. Immunity from witness summons
(1) Neither the Speaker nor a Deputy Speaker nor a Member or an officer shall be re
quired, while attending Parliament, to appear as a witness in a Court or place out of
Parliament. (2) The certificate of the Speaker to that effect is conclusive evidence of attendance
at Parliament.22
22.

ess in a Court or place out of
Parliament. (2) The certificate of the Speaker to that effect is conclusive evidence of attendance
at Parliament.22
22.

Immunity from service as juryman
Neither the Speaker nor a Deputy Speaker nor a Member or officer shall be required
to serve on a jury or as an assessor in a Court or place out of Parliament.23
23. Immunity from acts authorised by Parliament
(1) A person shall not be under a civil or criminal liability in respect of an act ordered
or authorised, in accordance with law, by Parliament or by the Speaker, a Deputy Speaker
or a Member or an officer. (2) The certificate of the Speaker to that effect is conclusive evidence that an act was
in fact ordered or authorised by Parliament or by that person. 24. Immunity from publication of proceedings
Subject to the Constitution, and to this Act, a person shall not be under a civil or
criminal liability in respect of the publication of the text or a summary of a report, paper,
the minutes, votes or proceedings of Parliament unless it is shown that the publication
was effected maliciously or otherwise in want of good faith.24
25. Privilege of witnesses
(1) A person summoned to attend to give evidence or to produce a paper, book, re
cord or any other document before Parliament, is entitled, in respect of the evidence, or
21.

attend to give evidence or to produce a paper, book, re
cord or any other document before Parliament, is entitled, in respect of the evidence, or
21.

See also article 117 of the 1992 Constitution. 22. See also article 118 of the 1992 Constitution. 23. See also article 119 of the 1992 Constitution. 24. See also article 120 of the 1992 Constitution. [Issue 1] VI - 2258

18 of the 1992 Constitution. 23. See also article 119 of the 1992 Constitution. 24. See also article 120 of the 1992 Constitution. [Issue 1] VI - 2258

ACT 300
Parliament Act, 1965
the production of the document, to the same privilege as if that person were appearing
before a Court. (2) Subject to article 135 of the Constitution, a public officer shall not be required
{a) to produce before Parliament a document, or
(b) to give before Parliament evidence on a matter if
the document or evidence is stated by the public officer to form part of or to relate to the
unpublished official records of a naval, military, an air force or a civil department, or to
relate to the affairs of the Republic. (3) An answer by a person to a question put by Parliament is not admissible in evidence
against that person in civil or criminal proceedings out of Parliament, not being proceedings
for peijury brought under section 210 of the Criminal Offences Act, 1960 (Act 29).25
Contempt of Parliament
26. General
An act which impedes or tends to impede Parliament in the performance of its func
tions, or affronts the dignity of Parliament, is a contempt of Parliament, and the setting
forth in this Act of particular contempts shall not be taken to affect the generality of this
section.26
27.

a contempt of Parliament, and the setting
forth in this Act of particular contempts shall not be taken to affect the generality of this
section.26
27.

Interference with Members and officers
(1) It is a contempt of Parliament
(a) for a person to assault, obstruct, molest or insult the Speaker or a Member
while that person is within the precincts of Parliament or is on the way to
or returning from the proceedings of Parliament;
(b) for a person who knows or has reasonable grounds for believing that a per
son is an officer to assault, obstruct, molest or insult the officer while the
officer is performing functions or is on the way to or returning from the
performance of functions.

, obstruct, molest or insult the officer while the
officer is performing functions or is on the way to or returning from the
performance of functions.

(2) It is a contempt of Parliament
(a) for a person to endeavour, by means of bribery, fraud or the infliction or
threatened infliction of violence, restraint or spiritual or temporal injury, to
influence a Member in the performance of functions;
(b) for a person to inflict violence, restraint or spiritual or temporal injury on a
Membei by teason of anything done or omitted to be done by the member
in the performance of functions;
(c) for a Member to accept, or procure for personal gain or for any other per
son, a benefit in return for undertaking to perform any of the functions of
the Member in a particular manner or by reason of anything done or omit
ted to be done by the Member in the performance of functions. 25. See also article 121 of the 1992 Constitution. 26. See also article 122 of the 1992 Constitution. VI - 2259 [Issue I]

he performance of functions. 25. See also article 121 of the 1992 Constitution. 26. See also article 122 of the 1992 Constitution. VI - 2259 [Issue I]

ACT 300
Parliament Act, 1965
28. Interference with proceedings
It is a contempt of Parliament
(a) for a person to create or join in a disturbance which interrupts or is likely to
interrupt the proceedings of Parliament;
(b) for a stranger to sit or vote in Parliament;
(c) for a Member persistently to obstruct the proceedings of Parliament,
whether or not in contravention of Standing Orders. 29. Inducing false or incomplete evidence
It is a contempt of Parliament
(a) for a person to give evidence to Parliament, whether or not on oath, which
is false or incomplete, or, with intent to deceive Parliament to produce be
fore it a false document, or wilfully to conceal, destroy, mutilate or alter a
document ordered by Parliament to be produced to it;
(b) for a person wilfully to hinder the attendance of a witness before Parlia
ment or the giving of evidence or production of a document to Parliament
or to suborn a witness or otherwise tamper with evidence, or to inflict vio
lence, restraint or spiritual or temporal injury on a person by reason of evi
dence given by him to Parliament. 30.

r with evidence, or to inflict vio
lence, restraint or spiritual or temporal injury on a person by reason of evi
dence given by him to Parliament. 30.

Disobedience by witnesses
It is a contempt of Parliament
(a) for a person to disobey without reasonable excuse an order made by Par
liament to attend before it or to produce a document or answer a question,
not being a document or question as to which the witness is entitled to
claim privilege or which is ruled by the person presiding to be irrelevant;
(b) for a person to publish evidence taken by, or a document presented to, Par
liament in contravention of Standing Orders or any other order of Parliament. 31. Disobedience by Members
It is a contempt of Parliament for a Member to disobey an order given in accordance
with Standing Orders by the person presiding at any proceedings of Parliament. 32. Disobedience by strangers
It is a contempt of Parliament
(a) for a stranger to enter or remain within the precincts of Parliament in dis
obedience of an order of Parliament or of Standing Orders or an order
given under the Standing Orders;
(b) for a stranger to behave within the precincts of Parliament otherwise than
in accordance with Standing Orders or an order given under the Standing
Orders. (Issue 1] VI - 2260

within the precincts of Parliament otherwise than
in accordance with Standing Orders or an order given under the Standing
Orders. (Issue 1] VI - 2260

ACT 300
Parliament Act, 1965
33. Defamation of Assembly
It is a contempt of Parliament for a person to make a statement or otherwise publish a
matter which falsely or scandalously defames Parliament or the Speaker, a Member or an
officer in that capacity, or which contains a gross or scandalous misrepresentation of any
proceedings of Parliament. Punishment of Offences
34. Exclusion of disorderly Member
If in the opinion of the person presiding over Parliament or a committee, the conduct
of a Member is grossly disorderly, the person presiding may order the Member to with
draw from the piecincts of Parliament and the Member shall forthwith leave the precincts
and shall not enter them again during the remainder of the day’s sitting. 35. Reprimand of Member in contempt
Where a Member is found by Parliament to be guilty of contempt of Parliament, Par
liament may direct that the Member be reprimanded in the Member’s place by the
Speaker. 36.

by Parliament to be guilty of contempt of Parliament, Par
liament may direct that the Member be reprimanded in the Member’s place by the
Speaker. 36.

Suspension of Member in contempt
(1) Where a Member is found by Parliament to be guilty of contempt of Parliament,
Parliament may suspend the member from the service of Parliament for a period not ex
ceeding nine months, whether or not that period extends beyond the end of the session. (2) Whene a Member is suspended from the service of Parliament, the Member
(a) shall forthwith leave the precincts of Parliament and shall not enter them
again while the suspension continues;
(b) shall forfeit the allowances to which the Member would otherwise be enti
tled as a Member in respect of the period of suspension;
(c) if entitled to a salary and allowances as a Minister or as a Deputy Speaker
there shall be deducted therefrom an amount equal to the amount which
would be forfeited by the Member under paragraph (b) of this subsection if
that person were not so entitled. 37. Expulsion of Member
(1) Where a Member is found by Parliament to have been guilty of conduct which,
whether or not it amounts to contempt of Parliament, is so grossly improper as to indicate
that the Member is unfit to remain a Member, the Member may be expelled by Parliament.

o contempt of Parliament, is so grossly improper as to indicate
that the Member is unfit to remain a Member, the Member may be expelled by Parliament.

(2) A resolution for the expulsion of a Member under subsection (1) shall be of no ef
fect unless
(a) at least seven days’ notice that it was to be moved was given in the manner
requited by Standing Orders for the giving of notices of motions, and
(b) it is supported by the votes of at least two-thirds of the total number of
Members. VI - 2261 [Issue 1]

for the giving of notices of motions, and
(b) it is supported by the votes of at least two-thirds of the total number of
Members. VI - 2261 [Issue 1]

ACT 300
Parliament Act, 1965
38. Punishment of officer in contempt
(1) Where an officer is found by Parliament to be guilty of contempt of Parliament,
Parliament may order the finding to be reported to the chairman of the Parliament Service
Board with a view to disciplinary proceedings being taken against the officer, and may
further order that, pending the conclusion of those proceedings, the officer be suspended
from duty in Parliament. (2) A person suspended from duty under subsection (1) shall not enter the precincts
of Parliament while the suspension continues. 39. Exclusion of stranger in contempt
When a stranger is found by Parliament to be guilty of contempt of Parliament, Par
liament may order the stranger not to enter the precincts of Parliament for a period not
exceeding nine months, whether or not that period extends beyond the end of the session. 40.

not to enter the precincts of Parliament for a period not
exceeding nine months, whether or not that period extends beyond the end of the session. 40.

Detention of stranger causing disturbance
(1) An officer may arrest without warrant or order
(a) a stranger who commits in the presence of the officer a contempt under
paragraph (a) or (b) of section 28 of this Act or under section 32 of this
Act, or
(b) a stranger within the precincts of Parliament whom the officer reasonably
suspects to have committed a contempt. (2) As soon as is reasonably practicable after the arrest of a person under subsec
tion (1), the Speaker shall be informed of the arrest and may order that the person ar
rested be detained in the custody of an officer for a period not extending beyond the end
of the day’s sitting, or otherwise dealt with according to law. 41. Reprimand of stranger in contempt
When a stranger is found by Parliament to be guilty of contempt of Parliament, Par
liament may order the stranger to appear at the bar of Parliament at a time specified in the
order to be reprimanded by the Speaker. 42. Removal of trespassers
A person who is within the precincts of Parliament in contravention of this Act may
be removed by an officer, who is entitled to use the force which is reasonably necessary. 43.

precincts of Parliament in contravention of this Act may
be removed by an officer, who is entitled to use the force which is reasonably necessary. 43.

Criminal prosecution
(1) A stranger who is guilty of contempt of Parliament is liable to a fine not exceed
ing two hundred and fifty penalty units or a term of imprisonment for one year or both
the fine and the imprisonment. (2) Proceedings taken in respect of an act under one or more of sections 34 to 42 of
this Act shall not affect the liability of a person to prosecution and punishment in respect
that act under this section or any other enactment. [Issue 1] VI - 2262

not affect the liability of a person to prosecution and punishment in respect
that act under this section or any other enactment. [Issue 1] VI - 2262

ACT 300
Parliament Act, 1965
(3) Subject to article 88 of the Constitution, Parliament may order the Attonney-
General to prosecute a person whom it suspects to have committed a contempt of Parlia
ment which constitutes an offence under this section or any other enactment. Miscellaneous
44.

whom it suspects to have committed a contempt of Parlia
ment which constitutes an offence under this section or any other enactment. Miscellaneous
44.

Interpretation
In this Act, unless the context otherwise requires,
“Clerk” means the Clerk of Parliament;
“committee” means a select committee or any other committee of Parliament;
“ meeting” means a sitting or sittings of Parliament commencing when Parliament
first meets after being summoned at any time and ending when Parliament is ad
journed sine die or at the conclusion of a session;
“ Member” means a Member of Parliament;
“ Minister” includes a Deputy Minister;
“officer” includes the Clerk or a person acting within the precincts of Parliament
unde the orders of the Speaker, and a police officer on duty within the precincts of
Parliament but does not include a person suspended from duty under section 38;
“ Parliament” includes a committee of Parliament;
“precincts of Parliament” includes the offices of Parliament and the galleries
and places provided for the use or accommodation of strangers, and while Parliament
is sitting and subject to any exceptions made by direction of the Speaker, the entire
building in which Parliament is situated and any forecourt, yard, garden enclosure or
open space adjoining or appertaining to that building and used or provided for the
purposes of Parliament;
“session” means the sittings of Parliament commencing when Parliament first
meets after dissolution and ending when Parliament is dissolved;
“sitting” includes a period during which Parliament is sitting continuously with
out adjournment, and a period during which Parliament is in committee;
“Standing Orders” means orders of Parliament in force under article 110 of the
Constitution;
“stranger” means a person other than the President, Vice-President, the Speaker,
a Member or an officer.

force under article 110 of the
Constitution;
“stranger” means a person other than the President, Vice-President, the Speaker,
a Member or an officer.

45. Repeals
(1) The following enactments are hereby repealed:
The National Assembly Act, 1961 (Act 86);
The National Assembly (Amendment) Act, 1964 (Act 229). VI - 2263 [Issue 1]

ACT 300
Parliament Act, 1965
(2) Standing Orders made under, or continued in force by, the National Assembly
Act, 1961 (Act 86) shall, subject to the Assembly’s powers of revocation and amendment
thereof, continue to have effect as if made under section 12 of this Act.
[Issue 1] VI - 2264