INTER-STATE COMMISSION ACT 1975 [Note: This Act is "repealed" by Act No. 9 od 1990]
(#DATE 31:07:1984)
- Reprinted as as at 31 July 1984
*1* The Inter-State Commission Act 1975 as shown in this reprint comprises Act
No. 109, 1975 amended as indicated in the Tables below.
Table of Acts
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement
provisions
-----------------------------------------------------------------------------
Inter-State
Commission Act 1975 109, 1975 27 Oct
1975 27 Sept 1983
(see Gazette
1983, No. S218,
p. 1)
Inter-State
Commission
Amendment Act 1983 142, 1983 22 Dec
1983 22 Dec 1983 -
Public Service
Reform Act 1984 63, 1984 25 June
1984 S. 151 (1): 1
July 1984 (see
Gazette 1984, No.
S245, p. 2) (a) S. 151 (9)
Remuneration and
Allowances
Amendment Act 1984 73, 1984 25 June
1984 25 June 1984 S. 15 (2)
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(a) The Inter-State Commission Act 1975 was amended by
sub-section 151 (1) only of the Public Service Reform Act 1984,
sub-section 2 (4) of which provides as follows:
"(4) The remaining provisions of this Act shall come into operation on
such day as is, or on such respective days as are, fixed by Proclamation."
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
-----------------------------------------------------------------------------
Provision affected How affected
-----------------------------------------------------------------------------
Ss. 3, 4 . . . . . . am. No. 142, 1983
S. 6 . . . . . . . . rs. No. 142, 1983
S. 12 . . . . . . . . am. No. 142, 1983
Ss. 15-18 . . . . . . am. No. 142, 1983
S. 19 . . . . . . . . am. No. 142, 1983; No. 73, 1984
Ss. 20-21 . . . . . . am. No. 142, 1983
Ss. 22, 23 . . . . . rep. No. 142, 1983
S. 24 . . . . . . . . rs. No. 142, 1983
S. 25 . . . . . . . . am. No. 142, 1983
S. 27 . . . . . . . . am. No. 142, 1983; No. 63, 1984
S. 29 . . . . . . . . rs. No. 142, 1983
S. 32 . . . . . . . . am. No. 142, 1983
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INTER-STATE COMMISSION ACT 1975 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
4. Act to bind Crown
5. Effect on other Acts
6. Airlines legislation not affected
PART II-CONSTITUTION OF THE INTER-STATE COMMISSION
7. Membership of Commission
8. Qualifications for appointment
9. Powers of investigation
10. Reports and adjudications by Commission
PART IV-INVESTIGATIONS BY COMMISSION
11. Notice of investigations
12. Procedure at investigations
13. Power of Commission to summon witnesses, &c.
14. Representations
15.
16. Refusal to be sworn or to answer questions
17. Contempt of Commission
18. Fees and allowances to witnesses
PART V-ADMINISTRATIVE PROVISIONS RELATING TO THE
COMMISSION
19. Remuneration and allowances
20. Resignation
21. Acting President
24. Application of Judges' Pensions Act
25. Outside employment
26. Meetings
PART VI-MISCELLANEOUS
27. Staff of Commission
28. Powers of Commission in relation to documents produced
29. Disclosure of interests by members
30. Protection of members, representatives and witnesses
31. Power of Commission to authorize person to take evidence
32. Annual report by Commission
33. Regulations
INTER-STATE COMMISSION ACT 1975 - LONG TITLE
SECT
An Act relating to the Inter-State Commission
INTER-STATE COMMISSION ACT 1975 - PART I
PART I-PRELIMINARY
INTER-STATE COMMISSION ACT 1975 - SECT 1
Short title
SECT
1. This Act may be cited as the Inter-State Commission Act 1975. *1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
INTER-STATE COMMISSION ACT 1975 - SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
INTER-STATE COMMISSION ACT 1975 - SECT 3
Interpretation
SECT
3. In this Act, unless the contrary intention appears-
"Commission" means the Inter-State Commission;
"documents" includes any books, accounts or writings and any record of
information, however compiled, recorded or stored, whether in writing, on
microfilm or microfiche, by electronic process or otherwise;
"goods" includes-
(a) ships, aircraft and vehicles;
(b) animals (including fish);
(c) minerals (including petroleum) and slurry; and
(d) gas;
"inter-State transport" means transport of goods or persons, being transport
constituting part of trade or commerce among the States or transport of goods
that are the subject of such trade or commerce;
"meeting", in relation to the Commission, includes a sitting of the
Commission for the purpose of taking evidence or hearing submissions at an
investigation or for the purposes of an arbitration;
"member" means a member of the Commission and includes the President;
"President" means the President of the Commission;
"terms and conditions", in relation to the provision of services, includes
charges for the provision of those services;
"transport" includes the movement of goods through a pipe-line.
INTER-STATE COMMISSION ACT 1975 - SECT 4
Act to bind Crown
SECT
4. This Act binds the Commonwealth and each State but nothing in this Act
renders the Commonwealth or a State liable to be prosecuted for an offence.
INTER-STATE COMMISSION ACT 1975 - SECT 5
Effect on other Acts
SECT
5. This Act has effect notwithstanding anything in any Act passed before the
commencement of this Act but nothing in this Act affects the operation of any
other Act so far as that other Act is capable of operating concurrently with
this Act.
INTER-STATE COMMISSION ACT 1975 - SECT 6
Airlines legislation not affected
SECT
6. Nothing in this Act or in the regulations affects, or authorizes action
in connection with-
(a) the operation of the Airlines Agreement Act 1981 or of the agreement
referred to in section 5 of that Act or any obligations imposed by, or other
matters arising out of, that agreement; or
(b) the performance of functions or the exercise of powers by the
Independent Air Fares Committee under the Independent Air Fares Committee Act
1981 or the performance of functions or the exercise of powers under that Act
by the Minister administering that Act.
INTER-STATE COMMISSION ACT 1975 - PART II
PART II-CONSTITUTION OF THE INTER-STATE COMMISSION
INTER-STATE COMMISSION ACT 1975 - SECT 7
Membership of Commission
SECT
7. (1) The Commission shall consist of a President and 2 other members.
(2) The Commission may exercise its powers notwithstanding any vacancy or
vacancies in the membership of the Commission.
INTER-STATE COMMISSION ACT 1975 - SECT 8
Qualifications for appointment
SECT
8. (1) One of the members shall be a person who is or has been a barrister,
solicitor, barrister and solicitor, or legal practitioner, of the High Court
or of the Supreme Court of a State or Territory of not less that 5 years'
standing.
(2) The other 2 members shall be persons who have had experience at a high
level in industry, commerce, economics, law, public administration or some
other field that has substantial relevance to the duties of a member.
INTER-STATE COMMISSION ACT 1975 - PART III
PART III-POWERS OF COMMISSION
INTER-STATE COMMISSION ACT 1975 - SECT 9
Powers of investigation
SECT
9. (1) The Minister may at any time, by notice in writing given by him to
the Commission, direct the Commission to investigate any matter or matters
specified in the notice, being a matter or matters relating to inter-State
transport.
(2) Without limiting the generality of sub-section (1), the Minister may at
any time, by notice in writing given by him to the Commission, direct the
Commission to investigate all or any of the following matters:
(a) whether the terms and conditions on which a service by way of or in
relation to inter-State transport is provided are reasonable and just and, if
not, what terms and conditions would be reasonable and just in relation to the
provision of that service;
(b) whether any preference or advantage in connexion with the provision of
any service by way of or in relation to inter-State transport given to any
particular person, State, locality or class or kind of transport is undue and
unreasonable;
(c) whether any discrimination or disadvantage in connexion with the
provision of any service by way of or in relation to inter-State transport to
which any particular person, State, locality or class or kind of transport is
subjected is undue and unreasonable;
(d) whether the doing of an act or thing by a State, or an authority of a
State, as to any railway, in respect of or so as to affect trade or commerce
among the States, constitutes a preference or discrimination that is undue and
unreasonable, or unjust to any State.
(3) In deciding whether the doing of any act or thing constitutes for the
purposes of paragraph (2) (d) a preference or discrimination that is undue and
unreasonable, or unjust to any State, the Commission shall have due regard to
the financial responsibilities incurred by any State in connexion with the
construction and maintenance of its railways.
(4) Where the Commission has commenced to investigate a matter or matters,
the Minister may, by notice in writing given by him to the Commission, direct
the Commission to extend the investigation into any other matter or matters
specified in the notice, being a matter or matters referred to in sub-section
(1) or (2).
(5) Where the Commission has been directed to investigate more than one
matter, the Minister may give directions to the Commission as to the order in
which it is to investigate those matters.
(6) The Commission shall comply with any direction given to the Commission
by the Minister in accordance with this section.
INTER-STATE COMMISSION ACT 1975 - SECT 10
Reports and adjudications by Commission
SECT
10. (1) Where the Commission has held an investigation, the Commission shall
furnish to the Minister a report setting out any findings made by the
Commission as a result of the investigation (including, where the Commission
has investigated a matter referred to in paragraph 9 (2) (a), (b), (c) or (d),
any adjudication by the Commission in relation to that matter) and any
recommendations that the Commission thinks fit to make in consequence of those
findings.
(2) The Commission may, if it thinks fit, recommend a system of freight cost
equalization or subsidy.
(3) The Minister shall cause a report furnished to him by the Commission to
be laid before each House of the Parliament within 15 sitting days of that
House after the receipt of the report by the Minister.
INTER-STATE COMMISSION ACT 1975 - PART IV
PART IV-INVESTIGATIONS BY COMMISSION
INTER-STATE COMMISSION ACT 1975 - SECT 11
Notice of investigations
SECT
11. (1) Before the Commission commences to hold an investigation into a
matter or matters, the Commission shall-
(a) give 14 days' notice in writing to every person who the Commission
considers will be directly and specially affected by the investigation; and
(b) give reasonable public notice in each State, in the Australian Capital
Territory and in the Northern Territory, by advertisement published in the
Gazette and in a newspaper circulating in the State or Territory, as the case
may be,
stating that it proposes to hold an investigation into that matter or those
matters and specifying the time and place at which the investigation is to be
commenced.
(2) Where the Commission is holding an investigation into a matter or
matters, sub-section (1) applies in relation to the commencement of any
extension of that investigation into any other matter or matters in like
manner as it applies in relation to the commencement of the original
investigation.
INTER-STATE COMMISSION ACT 1975 - SECT 12
Procedure at investigations
SECT
12. (1) Evidence in an investigation held by the Commission shall, subject
to this section, be taken in public on oath or affirmation.
(2) Where the Commission is satisfied that it is desirable to do so in the
public interest by reason of the confidential nature of any evidence or matter
or for any other reason, the Commission may-
(a) direct that an investigation or a part of an investigation shall take
place in private and give directions as to the persons who may be present; or
(b) give directions prohibiting or restricting the publication of evidence
given before the investigation or of matters contained in documents lodged
with the Commission.
(3) The Commission may, if it thinks fit, permit a person appearing as a
witness before the Commission to give evidence by tendering, and verifying by
oath or affirmation, a written statement.
(4) Where the Commission considers that the attendance of a person as a
witness before the Commission would cause serious hardship to the person, the
Commission may permit the person to give evidence by sending to the Commission
a written statement, verified in such manner as the Commission allows.
(5) Where evidence is given by a written statement in accordance with
sub-section (3) or (4), the Commission shall make available to the public in
such manner as the Commission thinks fit the contents of the statement other
than any matter-
(a) that the person who gave the evidence objects to being made public;
and
(b) the evidence of which the Commission is satisfied would have been taken
in private if that evidence had been given orally and the witness had objected
to giving it in public.
(6) Subject to this section and to the regulations-
(a) the procedure to be followed at an investigation is within the
discretion of the Commission; and
(b) the Commission is not bound by the rules of evidence.
INTER-STATE COMMISSION ACT 1975 - SECT 13
Power of Commission to summon witnesses, &c.
SECT
13. (1) For the purposes of an investigation by the Commission, a member
may-
(a) summon a person to appear before the Commission at the investigation to
give evidence and to produce such documents (if any) as are referred to in the
summons;
(b) require a person appearing before the Commission at the investigation
to give evidence either to take an oath or make an affirmation; and
(c) administer an oath or affirmation to a person so appearing before the
Commission.
(2) The oath or affirmation to be taken or made by a person for the purposes
of this section is an oath or affirmation that the answers he will give to
questions asked him will be true.
INTER-STATE COMMISSION ACT 1975 - SECT 14
Representation
SECT
14. At the taking of evidence by the Commission, the Commission may permit
any person to appear who, in the opinion of the Commission, has a sufficient
interest in the subject-matter of the proceeding before the Commission, and a
person appearing may be represented by a barrister or a solicitor of the High
Court or of the Supreme Court of a State or Territory or by some other person
approved by the Commission.
INTER-STATE COMMISSION ACT 1975 - SECT 15
Failure of witness to attend
SECT
15. A person served, as prescribed, with a summons to appear as a witness at
an investigation by the Commission shall not, without reasonable excuse-
(a) fail to attend as required by the summons; or
(b) fail to appear and report himself from day to day unless excused, or
released from further attendance, by the member presiding at the
investigation.
Penalty: $1,000 or imprisonment for 6 months.
INTER-STATE COMMISSION ACT 1975 - SECT 16
Refusal to be sworn or to answer questions
SECT
16. (1) A person appearing as a witness at an investigation by the
Commission shall not, without reasonable excuse-
(a) when required in pursuance of section 13 either to take an oath or make
an affirmation-refuse or fail to comply with the requirement;
(b) refuse or fail to answer a question that he is required to answer by
the member presiding at the investigation; or
(c) refuse or fail to produce a document that he was required to produce by
a summons under this Act served on him as prescribed.
Penalty: $1,000 or imprisonment for 6 months.
(2) A person is not excused from answering a question or producing a
document when required to do so under this Act on the ground that the answer
to the question or the production of the document might tend to incriminate
him or make him liable to a penalty, but his answer to any such question, or
the production by him of any such document, is not admissible against him in
proceedings other than proceedings in respect of the falsity of evidence given
by him or proceedings for-
(a) an offence against this section; or
(b) an offence against-
(i) section 6, 7 or 7A of the Crimes Act 1914; or
(ii) sub-section 86 (1) of that Act by virtue of paragraph (a) of that
sub-section,
that relates to this section.
INTER-STATE COMMISSION ACT 1975 - SECT 17
Contempt of Commission
SECT
17. A person shall not-
(a) insult a member in or in relation to the exercise of his powers or
functions as a member;
(b) interrupt the proceedings of the Commission;
(c) create a disturbance, or take part in creating or continuing a
disturbance, in a place where the Commission is holding an investigation;
(d) do any other act or thing that would, if the Commission were a court of
record, constitute a contempt in the face of that court; or
(e) contravene a direction given under sub-section 12 (2).
Penalty: $1,000 or imprisonment for 6 months.
INTER-STATE COMMISSION ACT 1975 - SECT 18
Fees and allowances to witnesses
SECT
18. A witness summoned under this Act to appear at an investigation by the
Commission is entitled, in respect of his appearance as a witness, to be paid
by the Commonwealth such fees, and such allowances for expenses, as are fixed
by or in accordance with the regulations.
INTER-STATE COMMISSION ACT 1975 - PART V
PART V-ADMINISTRATIVE PROVISIONS RELATING TO THE COMMISSION
INTER-STATE COMMISSION ACT 1975 - SECT 19
Remuneration and allowances
SECT
19. (1) The members shall be paid remuneration at such respective rates as
are fixed by the Parliament.
(2) Where a member is absent overnight from his ordinary place of residence
in the course of the performance of his duties, he shall be paid travelling
allowance at such rate as is prescribed.
(3) The Remuneration Tribunals Act 1973 applies in relation to the
remuneration and allowances payable to a member under this section in like
manner as that Act applies in relation to the remuneration and allowances
payable to a Judge of a court created by the Parliament.
(4) The salaries and allowances of the President and the other members are
payable out of the Consolidated Revenue Fund, which is appropriated
accordingly.
INTER-STATE COMMISSION ACT 1975 - SECT 20
Resignation
SECT
20. A member may resign his office by writing signed by him and delivered to
the Governor-General.
INTER-STATE COMMISSION ACT 1975 - SECT 21
Acting President
SECT
21. (1) Where the President is, or is expected to be, absent from duty or
from Australia or there is a vacancy in the office of President, the Minister
may appoint another member to act as President during the period for which the
President is absent or until the filling of the vacancy, as the case may be.
(2) The validity of anything done by a person acting as President shall not
be called in question on the ground that the occasion for his acting had not
arisen or had passed.
INTER-STATE COMMISSION ACT 1975 - SECT 24
Application of Judges' Pensions Act
SECT
24. (1) Subject to this section, the Judges' Pensions Act 1968 has effect as
if the President were a Judge for the purposes of that Act.
(2) Subject to sub-section (3), the Judges' Pensions Act 1968 does not apply
to the President if, immediately before his appointment as the President, he
was an eligible employee for the purposes of the Superannuation Act 1976.
(3) If the President was, immediately before his appointment as the
President, an eligible employee for the purposes of the Superannuation Act
1976, and he elects, within 3 months after his appointment as President, by
notice in writing to the Minister, to cease to be an eligible employee for the
purposes of that Act, sub-section (2) does not apply, and shall be deemed not
to have applied, to him and he shall be deemed to have ceased to be such an
eligible employee immediately before his appointment as the President.
(4) Where-
(a) the President makes an election in accordance with sub-section (3);
and
(b) he would, but for this sub-section, be entitled to benefit under
Division 1, 2 or 4 of Part V, or under Division 3 of Part IX, of the
Superannuation Act 1976,
sub-section 80 (1) of that Act applies in relation to him as if he were not
entitled to that benefit.
(5) The amount of any pension that, but for this sub-section, would be
payable to a person under the Judges' Pensions Act 1968 in respect of any
period by virtue of that person or another person having been a member shall
be reduced by the amount of any other pension or retiring allowance payable to
the first-mentioned person in respect of that period out of moneys provided in
whole or in part by-
(a) the Commonwealth, a State, the Government of the Northern Territory or
the Administration of another Territory;
(b) a body corporate established for a public purpose by a law of the
Commonwealth, of a State or of a Territory; or
(c) an incorporated company all the stock or shares in the capital of which
is or are beneficially owned by the Commonwealth, a State or the Northern
Territory.
INTER-STATE COMMISSION ACT 1975 - SECT 25
Outside employment
SECT
25. (1) Except with the consent of the Minister, a member shall not engage
in paid employment outside the duties of his office.
(2) Nothing in this Act prevents a member or members, with the consent of
the Minister, from arbitrating, without payment, on any matter on which the
member is, or the members are, requested by a person to arbitrate.
INTER-STATE COMMISSION ACT 1975 - SECT 26
Meetings
SECT
26. (1) Subject to this section, the President shall convene such meetings
of the Commission as he thinks necessary for the efficient performance of the
functions of the Commission.
(2) The President shall convene a meeting of the Commission upon being
requested in writing to do so by the other 2 members.
(3) Meetings of the Commission shall be held at such places as the President
determines.
(4) The President shall preside at all meetings of the Commission at which
he is present.
(5) In the absence of the President from a meeting of the Commission, the
members present shall appoint one of their number to preside at the meeting.
(6) At a meeting of the Commission-
(a) 2 members form a quorum;
(b) all questions shall be decided by a majority of votes of the members
present and voting; and
(c) the member presiding has a deliberative vote and, in the event of an
equality of votes, also has a casting vote.
(7) In this section, a reference to the President shall, if there is a
person acting as President, be read as a reference to the person so acting.
INTER-STATE COMMISSION ACT 1975 - PART VI
PART VI-MISCELLANEOUS
INTER-STATE COMMISSION ACT 1975 - SECT 27
Staff of Commission
SECT
27. (1) The staff necessary to assist the Commission shall be persons
appointed or employed under the Public Service Act 1922.
(2) The President has all the powers of, or exercisable by, a Secretary
under the Public Service Act 1922 so far as those powers relate to the branch
of the Australian Public Service comprising the staff referred to in
sub-section (1) as if that branch were a separate Department of the Australian
Public Service.
(3) For the purposes of section 26 of the Public Service Act 1922 , the
President shall be deemed to be a Secretary.
(4) Notwithstanding sub-section (1), the President may, on terms and
conditions approved by the Public Service Board, engage persons, not being
persons appointed or employed as mentioned in that sub-section, to provide
services or perform functions for, or to furnish advice to, the Commission.
(5) In this section, a reference to the President shall, if there is a
person acting as President, be read as a reference to the person so acting.
INTER-STATE COMMISSION ACT 1975 - SECT 28
Powers of Commission in relation to documents produced
SECT
28. (1) A member of the Commission or a member of the staff assisting the
Commission may inspect documents furnished to the Commission for the purposes
of the performance of its functions under this Act or produced at an
investigation and may make copies of, or take extracts from, those documents.
(2) Any documents furnished to the Commission as mentioned in sub-section
(1) may be retained by the Commission for such reasonable period as the
Commission thinks fit.
INTER-STATE COMMISSION ACT 1975 - SECT 29
Disclosure of interests by members
SECT
29. (1) Where a member has or acquires any interest, pecuniary or otherwise,
that could conflict with the proper performance of his functions in relation
to a proceeding-
(a) he shall disclose the interest to the parties to the proceeding; and
(b) except with the consent of all the parties to the proceeding, he shall
not take part in the proceeding.
(2) Where the President becomes aware that a member other than the President
has in relation to a proceeding such an interest as is mentioned in
sub-section (1)-
(a) if the President considers that the member should not take part, or
should not continue to take part, in a proceeding-he shall give a direction to
the member accordingly; or
(b) in any other case-he shall cause the interest of the member to be
disclosed to the parties to the proceeding.
(3) In this section-
(a) a reference to a proceeding shall be read as a reference to a
proceeding by way of-
(i) an investigation into a matter or matters by the Commission under
this Act; and
(ii) an extension of such an investigation; and
(b) a reference to a party to a proceeding shall be read as a reference to
a person to whom the Commission has given a notice under section 11 in
relation to the proceeding.
INTER-STATE COMMISSION ACT 1975 - SECT 30
Protection of members, representatives and witnesses
SECT
30. (1) A member has, in the performance of his duties as a member, the same
protection and immunity as a Justice of the High Court.
(2) A person appearing before the Commission, whether appearing on his own
behalf or on behalf of another person, has the same protection and immunity as
a barrister has in appearing for a party in proceedings in the High Court.
(3) Subject to this Act, a person appearing before the Commission as a
witness has the same protection, and is, in addition to the penalties provided
by this Act, subject to the same liabilities, as a witness in proceedings in
the High Court.
INTER-STATE COMMISSION ACT 1975 - SECT 31
Power of Commission to authorize person to take evidence
SECT
31. (1) The Commission may authorize a member of the Commission, a member of
the staff assisting the Commission, or a person engaged under sub-section 27
(4), to take evidence on behalf of the Commission for the purposes of an
investigation being held by the Commission and to furnish a report to the
Commission on the evidence so taken.
(2) The provisions of this Act relating to the taking of evidence by the
Commission, and to the powers, duties, protection and immunity of members of
the Commission, apply in relation to a person performing functions under
sub-section (1) as if the evidence taken by him were taken by the Commission
and, if he is not a member of the Commission, as if he were such a member.
INTER-STATE COMMISSION ACT 1975 - SECT 32
Annual report by Commission
SECT
32. (1) The Commission shall, within 60 days after each year ending on 30
June, furnish to the Minister a report with respect to the operations of the
Commission in that year.
(2) The Minister shall cause a copy of a report furnished to him under
sub-section (1) to be laid before each House of the Parliament within 15
sitting days of that House after the receipt of the report by the Minister.
INTER-STATE COMMISSION ACT 1975 - SECT 33
Regulations
SECT
33. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.