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Monday, 9 September 1996
Page: 3746


Mr ACTING SPEAKER —I wish to inform the House of an approval given by Mr Speaker for the use of certain committee material in court.

On 2 September a request was received for permission for extracts from a submission made by the Australian Electoral Commission to the Joint Committee on Electoral Matters to be used in evidence in court. The case in question was the challenge to the election result in the Northern Territory which was and is before the High Court sitting as the Court of Disputed Returns.

Although there was some judicial authority to the effect that leave is not required for the production of parliamentary records in court, the House has never acknowledged this. If the House is sitting when a request is received, a motion to grant leave is normally put forward. Because the House was not sitting when this request was received and the matter was to come before the court on 3 September, I understand that Mr Speaker, being satisfied that there was no risk of the privileges of the House being impeached or questioned, gave his approval for the production in court of extracts from the Australian Electoral Commission submission.