Australian Capital Territory
Protection of Public Participation Act 2008    
A2008-48
Republication No 3
Effective:  12 December 2011 – 1 January 2014
Republication date: 12 December 2011
Last amendment made by A2011‑52

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Protection of Public Participation Act 2008 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2011.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2011.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Protection of Public Participation Act 2008

Contents
	Page
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Purpose of Act	2
	6	Meaning of improper purpose	2
	7	Meaning of public participation	3
	8	Application of Act	4
	9	Civil penalty	4
	10	Regulation-making power	5
	11	Review of Act	5
Dictionary		6
Endnotes
	1	About the endnotes	7
	2	Abbreviation key	7
	3	Legislation history	8
	4	Amendment history	8
	5	Earlier republications	9

Australian Capital Territory
Protection of Public Participation Act 2008

An Act about protection for participation in public debate and matters of public interest

    

1	Name of Act
This Act is the Protection of Public Participation Act 2008.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘improper purpose—see section 6.’ means that the term ‘improper purpose’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Purpose of Act
The purpose of this Act is to protect public participation, and discourage certain civil proceedings that a reasonable person would consider interfere with engagement in public participation.
6	Meaning of improper purpose
For this Act, a proceeding is started or maintained against a person (the defendant) for an improper purpose if a reasonable person would consider that the main purpose for starting or maintaining the proceeding is—
	(a)	to discourage the defendant (or anyone else) from engaging in public participation; or
	(b)	to divert the defendant's resources away from engagement in public participation to the proceeding; or
	(c)	to punish or disadvantage the defendant for engaging in public participation.
7	Meaning of public participation
	(1)	In this Act:
public participation means conduct that a reasonable person would consider is intended (in whole or part) to influence public opinion, or promote or further action by the public, a corporation or government entity in relation to an issue of public interest.
	(2)	However, public participation does not include conduct—
	(a)	that contravenes a court order or constitutes contempt of court; or
	(b)	that constitutes unlawful vilification under the Discrimination Act 1991; or
	(c)	that causes, or is reasonably likely to cause, physical injury or damage to property; or
	(d)	that constitutes unlawful entry at residential premises; or
	(e)	that constitutes an offence punishable by imprisonment for longer than 12 months; or
	(f)	if—
	(i)	the conduct is communication by a party to an industrial dispute between an employer and employee, former employee, contractor or agent; and
	(ii)	the communication relates to the subject matter of the dispute; or
	(g)	that constitutes the advertising of goods or services for commercial purposes; or
	(h)	that incites others to engage in conduct mentioned in paragraphs (a), (b), (c), (d) or (e).
	(3)	Subsection (2) applies in relation to a person’s conduct whether or not the person has been convicted or found guilty of an offence for the conduct.
8	Application of Act
	(1)	This Act applies in relation to a civil proceeding in the Supreme Court or Magistrates Court in which the plaintiff may claim damages.
	(2)	However, this Act does not apply in relation to any of the following:
	(a)	a cause of action for defamation;
	(b)	a proceeding prescribed by regulation.
9	Civil penalty
	(1)	This section applies if—
	(a)	a person (the plaintiff) starts or maintains a proceeding to which this Act applies against someone else (the defendant) in relation to the defendant’s conduct; and
	(b)	the court is satisfied that—
	(i)	the defendant’s conduct is public participation; and
	(ii)	the proceeding is started or maintained against the defendant for an improper purpose.
	(2)	The court may order the plaintiff to pay to the Territory a financial penalty of not more than the amount (if any) prescribed by regulation.
	(3)	The financial penalty must be worked out in accordance with a regulation.
	(4)	The court may make an order under subsection (2)—
	(a)	on application by the Territory; or
	(b)	on its own initiative.
Note	If a proceeding is for an improper purpose, the court’s power to award costs of the proceeding includes power to order that the costs be assessed on an indemnity basis (see Court Procedures Rules 2006, r 1752).
10	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
11	Review of Act
	(1)	The Minister must review the operation of this Act as soon as practicable after 1 January 2012.
	(2)	The Minister must present a report of the review to the Legislative Assembly within 3 months after the day the review is started.
	(3)	This section expires on 1 January 2014.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	Magistrates Court
·	must (see s 146)
·	proceeding
·	Supreme Court
·	under.
conduct includes communication.
government means the Territory, the Commonwealth, a State, another Territory or a local government of a State.
government entity includes—
	(a)	an instrumentality, officer or employee of the government; and
	(b)	a contractor or anyone else who exercises a function on behalf of the government.
improper purpose—see section 6.
public participation—see section 7.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Protection of Public Participation Act 2008 A2008-48
notified LR 11 September 2008
s 1, s 2 commenced 11 September 2008 (LA s 75 (1))
remainder commenced 12 September 2008 (s 2)
as amended by
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.44
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 3 pt 3.44 commenced 12 December 2011 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Application of Act
s 8	s (2) (c), (3) exp 12 September 2009 (s 8 (3))
Civil penalty
s 9	am A2011‑52 amdt 3.165
Review of Act
s 11	exp 1 January 2014 (s 11 (3))

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
12 Sept 2008	12 Sept 2008–
12 Sept 2009	not amended	new Act	
R2
13 Sept 2009	13 Sept 2009–
11 Dec 2011	not amended	commenced expiry	

©  Australian Capital Territory 2011