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Legislative Assembly Powers and Privileges Amendment Act 1986

COOK ISLANDS

LEGISLATIVE ASSEMBLY POWERS AND PRIVILEGES AMENDMENT ACT 1986

ANALYSIS

Title
1. Short Title
2. Carrying over of Parliamentary business
3 Validation

1986, No. 5

An Act to amend the Legislative Assembly Powers and Privileges Act 1967

(22 July 1986.

BE IT ENACTED by the Parliament of the Cook Islands in Session assembled, and by the authority of the same, as follows:

1. Short Title

This Act may be cited as the Legislative Assembly Powers and Privileges Amendment Act 1986, and shall be read together with and deemed part of the Legislative Assembly Powers and Privileges Act 1967 (hereinafter referred to as the principal Act).

2. Carrying over of Parliamentary business

(1) Where Parliament resolves that any Bill, petition, or other business before it or any of its committees be carried over to the next succeeding session of Parliament (whether the same Parliament or not), that Bill, petition, or other business shall not lapse upon the prorogation or dissolution or expiration by effluxion of time of the Parliament in being when that resolution is passed but shall be carried over accordingly.

(2) Where any resolution under subsection (1) enables the business to which it relates to survive a dissolution of Parliament, then Parliament may provide, by that resolution or by any subsequent resolution passed in the same session, for that business to be continued while Parliament is not in session following that dissolution by a committee comprising members of Parliament, and may-

(a) Constitute, or provide for the constitution of, the committee and, for that purpose, confer on any member, by name or office, the power to appoint members to the committee;
(b) Delegate to any member, by name or office the power to make or approve changes in the membership of the committee.

(3) Every such committee shall have, subject to the terms of any resolution under subsection (2), the privileges, immunities, and powers of a Select Committee of Parliament and shall be deemed to be a committee of Parliament -

(a) For the purposes of the Standing Orders; and
(b) For the purposes of sections 17 to 20, and clause 1 of Part I of the Schedule to the Defamation Act 1954.

3. Validation

(1) An Act resulting from the passing, whether before or after the commencement of this Act, of a Bill carried forward, whether before or after the commencement of this Act, from one session of Parliament to another or from successive sessions of Parliament, and anything done under any such Act, whether before or after the commencement of this Act, from one session of Parliament to another or from successive sessions of Parliament, and anything done under any such Act, whether before or after the commencement of this Act, shall be as valid and effective as if the introduction and passing of the Bill, and all other proceedings of Parliament and of any committee in relation to it, had taken place within one session.

(2) In respect of every committee constituted before the commencement of this Act, Parliament shall be deemed to have resolved, pursuant to subsection (1) of section 2, at the time that each such committee was constituted that all business before any such committee be carried over to the next succeeding session of Parliament and the business that was before any such committee shall be deemed not to have lapsed upon the prorogation of the Parliament in being when that resolution was deemed to have been passed but shall be deemed to have been lawfully carried over accordingly.

This Act is administered in the Legislative Service.

RAROTONGA, COOK ISLANDS: Printed under the authority of the Cook Islands Government, by T, KAPI, Government Printer - 1986.