The Two Sources

In one line

Two different provisions do two different jobs: articles 105 and 194 give the House its powers, privileges and immunities, and articles 118 and 208 let each House make the rules under which its committees exist and work.

In the wording a student can write in an exam: an inquiry by a legislative committee rests on two distinct constitutional foundations, the privileges of the House under article 105 for Parliament and article 194 for a State Legislature, which supply the freedom of speech, the immunity for anything said or any vote given, and the residual powers, privileges and immunities of the House, its members and its committees; and the rule-making power under article 118 for Parliament and article 208 for a State Legislature, under which each House makes rules for regulating, subject to the provisions of the Constitution, its procedure and the conduct of its business, and it is under those rules that the committees themselves are constituted, composed and empowered.

Source one: privilege, articles 105 and 194

Article 105(1). Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

Article 105(2). No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.

Article 105(3). In other respects the powers, privileges and immunities of each House, and of its members and committees, shall be such as may from time to time be defined by Parliament by law, and until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act 1978.

Article 105(4). Clauses (1), (2) and (3) apply to persons who by virtue of the Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House or a committee, as they apply to members.

Article 194 is the State counterpart, in identical words with Legislature of a State for Parliament, and with clause (3) referring to section 26 of the Forty-fourth Amendment Act instead of section 15.

Three things to notice about clause (3), because chapter 970 works it in full.

It is residual: it covers what clauses (1) and (2) do not.

It is defeasible: Parliament or a State Legislature may define the privileges by law, and no such law has been made.