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Resource Assessment Commission Act 1989

Act No. 94 of 1989 as amended, taking into account amendments up to Act No. 168 of 1994
Registered 07 Dec 2009
Start Date 16 Dec 1994
End Date 29 Aug 1995
Date of repeal 03 Jul 2008
Repealed by Statute Law Revision Act 2008

RESOURCE ASSESSMENT COMMISSION ACT 1989
- Updated as at 5 January 1995 (HISTACT CHAP 1833 #DATE 05:01:1995)

*1* The Resource Assessment Commission Act 1989 as shown in this reprint comprises Act No. 94, 1989 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Resource Assessment Commission Act 1989
94, 1989 28 June 1989 28 June 1989
Industrial Relations Legislation Amendment Act 1991
122, 1991 27 June 1991 Ss. 4 (1), 10 (b) and 15-20:
1 Dec 1988
Ss. 28 (b)-(e), 30 and 31: 10 Dec
1991 (see Gazette 1991, No. S332)
Remainder: Royal Assent
S. 31 (2)
Prime Minister and Cabinet Legislation Amendment Act 1991
199, 1991 18 Dec 1991 18 Dec 1991 -
Superannuation Legislation (Consequential Amendments and
Transitional Provisions) Act 1992
94, 1992 30 June 1992 S. 3: 1 July 1990
Remainder: Royal Assent
-
Qantas Sale Act 1992
196, 1992 21 Dec 1992 Schedule (Part 1): 10 Mar 1993
(see Gazette 1993, No. GN17) (a)
Schedule (Part 5): (see Note 2)
S. 2 (6) (am.
by 60, 1993, s. 4
and 168, 1994,
s. 3)
as amended by
Qantas Sale Amendment Act 1993
60, 1993 3 Nov 1993 10 Mar 1993 -
Qantas Sale Amendment Act 1994
168, 1994 16 Dec 1994 S. 3 (item 17):< -
Royal Assent (b)
(a) The Resource Assessment Commission Act 1989 was amended by the Schedule (Part 1) of the Qantas Sale Act 1992, paragraph 2 (3) (a) of which provides as follows:
"(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule - the day is not earlier than the substantial minority sale day; and".
(b) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent." Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 3 am. No. 199, 1991; No. 196, 1992
S. 45 am. No. 122, 1991; No. 94, 1992
Ss. 45A, 45B ad. No. 94, 1992
S. 49 am. No. 122, 1991

RESOURCE ASSESSMENT COMMISSION ACT 1989 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
PART 1 - PRELIMINARY
1. Short Title
2. Commencement
3. Interpretation
4. Application
PART 2 - RESOURCE ASSESSMENT COMMISSION
Division 1 - Establishment, Functions and Powers
of Commission
5. Establishment
6. Functions
7. Commission to be guided by policy principles
8. Matters to be addressed in performance of Commission's
functions
9. Powers of Commission
Division 2 - Constitution of Commission
10. Constitution of Commission
11. Appointment of Commissioners
12. Period of appointment of Chairperson
13. Period of appointment of special Commissioners
14. Selection of special Commissioners
15. Conditions of Commissioners
PART 3 - REFERENCE OF RESOURCE MATTER TO COMMISSION
16. Reference of resource matter to Commission
17. Referral
18. Notice varying or ending inquiry
PART 4 - INQUIRIES
Division 1 - Preliminary
19. Notice of inquiries
20. Constitution of Commission for purposes of inquiry
21. Inquiries may be held at the same time
22. Delegation of Chairperson's powers
23. Protection of Commissioners and witnesses
Division 2 - Conduct of Inquiries
24. General conduct of inquiries
25. Meetings of Commissioners
26. Hearings by Commission
27. Quorum for meetings and hearings
28. Presiding at meetings and hearings
29. Procedure at hearings
30. Written evidence and documents to be made public
31. Australian Heritage Commission to give evidence
32. Commission may prepare background papers etc.
33. Draft reports
34. Participation in meetings etc.
35. Powers of Chairperson
Division 3 - Reports
36. Report to be tabled
Division 4 - Evidence
37. Power to obtain information and documents
38. Allowances to persons giving evidence
PART 5 - ADMINISTRATION
Division 1 - Office of Commissioner
39. Arrangements for appointment of Judge of State or
Northern Territory
40. Appointment of Judge as Commissioner not to affect
tenure etc.
41. Acting Chairperson
42. Acting special Commissioners
43. Outside employment
44. Disclosure of interests
45. Suspension and removal from office
45A. Removal taken to be retirement on ground of invalidity
45B. Retirement on ground of invalidity under Superannuation
Acts
Division 2 - Conditions of Commissioners
46. Part-time Chairperson taken to be full-time
47. Part-time special Commissioner taken to be full-time
48. Remuneration and allowances
49. Leave of absence
50. Resignation of Commissioners
51. Retirement from office
PART 6 - OFFENCES
52. Offences relating to administration of Act
53. Failure to comply with requirement
54. False or misleading evidence or information
55. Conduct of directors, servants and agents
PART 7 - MISCELLANEOUS
56. Relationship of this Act to other laws
57. Annual report
58. Regulations
PART 8 - ARRANGEMENTS IF THE HONOURABLE
D.G. STEWART APPOINTED FIRST CHAIRPERSON
59. Principal Act
60. Amendments of Principal Act
SCHEDULE 1
POLICY PRINCIPLES FOR RESOLVING COMPETING CLAIMS FOR
THE USE OF RESOURCES
SCHEDULE 2
AMENDMENTS OF THE NATIONAL CRIME AUTHORITY (STATUS
AND RIGHTS OF CHAIRMAN) ACT 1984

RESOURCE ASSESSMENT COMMISSION ACT 1989 - LONG TITLE

SECT

An Act to establish a Resource Assessment Commission,
and for related purposes

RESOURCE ASSESSMENT COMMISSION ACT 1989 - PART 1
PART 1 - PRELIMINARY

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 1
Short title

SECT

1. This Act may be cited as the Resource Assessment Commission Act 1989.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 2
Commencement

SECT

2. This Act commences on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 3
Interpretation

SECT

3.*2* (1) In this Act, unless the contrary intention appears:
"Chairperson" means the Chairperson of the Commission;
"Commission" means the Resource Assessment Commission established by section 5;
"Commissioner" means the Chairperson or a special Commissioner;
"Commonwealth authority" means:
(a) a body or an authority established for a public purpose by or under a law of the Commonwealth (other than the Administration of the Territory of Norfolk Island established under subsection 5 (2) of the Norfolk Island Act 1979); or
(b) a body corporate (other than Qantas Airways Limited or a company that is a subsidiary of that company):
(i) incorporated under a law of the Commonwealth or a State;
and
(ii) in which the Commonwealth has a controlling interest;
"conservation" means the management of the human use of the biosphere so that it may yield the greatest sustainable benefit to present generations while maintaining its potential to meet the needs and aspirations of future generations, and includes the preservation, maintenance, sustainable utilisation, restoration and enhancement of the environment;
"development" means the modification of the biosphere to satisfy human needs and improve the quality of life;
"Division", in relation to an inquiry, means the Chairperson and the special Commissioners (if any) for the inquiry;
"environment" includes all aspects of the surroundings of human beings, whether affecting human beings as individuals or in social groupings;
"evidence", in relation to an inquiry, includes a submission to an inquiry, whether oral or written;
"inhabited external Territory" means:
(a) Norfolk Island;
(b) the Territory of Christmas Island; or
(c) the Territory of Cocos (Keeling) Islands;
"inquiry" means an inquiry held under paragraph 16 (3) (a);
"Judge" means:
(a) a Judge of a court created by the Parliament;
(b) a person who has the same designation and status as such a Judge; or
(c) a Judge of a court of a State;
"losses" includes costs;
"referral", in relation to a resource matter, means a notice under subsection 16 (1) requiring the Commission to conduct an inquiry into that matter;
"report", in relation to an inquiry, means the report of the inquiry required by paragraph 16 (3) (b);
"resource" means a biological, mineral or other material component, whether natural or not, of the environment (other than a human being), and includes a permanent or temporary combination or association of such components;
"resource matter" means any matter relating to the use of a resource and includes:
(a) a matter involving the question whether a use of a resource is compatible with another use of that resource or with a use of another resource and:
(i) where the uses are compatible - the question whether they
should be allowed at the same time or sequentially and under what conditions; or
(ii) where the uses are not compatible - the question which
of them should be allowed and under what conditions; and
(b) a matter involving the question of the nature or extent of the environmental, cultural, social, industry, economic or other effects of a use of a resource;
"special Commissioner" means a person referred to in paragraph 10 (b), and, in relation to an inquiry, means a special Commissioner appointed for the purposes of the inquiry;
"State" includes the Australian Capital Territory and the Northern Territory;
"use" includes proposed use, and, in relation to a resource, includes:
(a) use for, or by way of, conservation or development; and
(b) use of the resource before, during or after any processing.

(2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Law. *2* Section 3 is amended by the Schedule (Part 5) of the Qantas Sale Act 1992. The provisions of the Schedule applicable to section 3 provide as follows:
PART 5 - AMENDMENTS TO BE MADE ON OR AFTER 100% SALE DAY
REVERSING AMENDMENTS MADE BY PART 1 OF THE SCHEDULE
Subsection 3 (1) (paragraph (b) of the definition of "Commonwealth authority"):
Omit "(other than Qantas Airways Limited or a company that is a subsidiary of that company)".
Subsection 3 (2):
Omit the subsection.
Subsections 2 (2), (3) (c), (4) and (6) of the Qantas Sale Act 1992 provide as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule - the day is not earlier than the 100% sale day.
(4) If, on the 100% sale day, sections 35, 37, 43 and 50 and Part 1 of the Schedule have not commenced, then, on the day on which Part 7 of the Schedule commences, sections 35, 36, 37, 38, 43, 44, 50 and 51 and Parts 1 and 5 of the Schedule are taken to have been repealed.
(6) If a provision of this Act has not commenced before 31 August 1995, the provision is taken to have been repealed on that day.
As at 5 January 1995 no date had been fixed and the amendments are not incorporated in this reprint.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 4
Application

SECT

4. This Act extends to all external Territories.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - PART 2
PART 2 - RESOURCE ASSESSMENT COMMISSION

RESOURCE ASSESSMENT COMMISSION ACT 1989 - DIVISION 1
Division 1 - Establishment, Functions and Powers
of Commission

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 5
Establishment

SECT

5. There is established a Resource Assessment Commission.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 6
Functions

SECT

6. The functions of the Commission are to hold inquiries, and make reports, in respect of resource matters in accordance with this Act.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 7
Commission to be guided by policy principles

SECT

7. In the performance of its functions the Commission shall be guided by the policy principles that have been adopted by the Commonwealth Government for resolving competing claims for the use of resources, being the principles set out in Schedule 1.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 8
Matters to be addressed in performance of Commission's functions

SECT

8. In the performance of its functions in relation to a resource matter, the Commission shall, as far as practicable and subject to the terms of the referral of the matter:
(a) identify the resource with which the matter is concerned and the extent of that resource;
(b) identify the various uses that could be made of that resource;
(c) identify:
(i) the environmental, cultural, social, industry, economic
and other values of that resource or involved in those uses; and
(ii) the implications for those values of those uses,
including implications that are uncertain or long-term;
(d) assess the losses and benefits involved in the various alternative uses, or combinations of uses, of that resource, including:
(i) losses and benefits of an unquantifiable nature; and
(ii) losses and benefits that are uncertain or long-term; and
(e) give consideration to any other aspect of the matter that it considers relevant.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 9
Powers of Commission

SECT

9. In addition to any other power conferred on it by this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - DIVISION 2
Division 2 - Constitution of Commission

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 10
Constitution of Commission

SECT

10. The Commission consists of:
(a) a Chairperson; and
(b) any special Commissioners appointed, from time to time, under this Act for the purposes of inquiries.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 11
Appointment of Commissioners

SECT

11. (1) The Commissioners shall be appointed by the Governor-General.

(2) A Commissioner shall be appointed on a full-time basis or on a part-time basis.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 12
Period of appointment of Chairperson

SECT

12. The Chairperson shall be appointed for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 13
Period of appointment of special Commissioners

SECT

13. (1) A special Commissioner shall be appointed for the inquiry, or inquiries, specified in the instrument of appointment.

(2) The Governor-General may, by written notice to a special Commissioner, appoint the Commissioner for an additional inquiry.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 14
Selection of special Commissioners

SECT

14. Before the appointment of a special Commissioner, the Minister shall consult:
(a) the Chairperson; and
(b) the presiding members (however described) of the Australian Heritage Commission, the Australian Science and Technology Council and the Industries Assistance Commission;
about suitable appointees.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 15
Conditions of Commissioners

SECT

15. The Commissioners hold office on such terms and conditions (if any) in respect of matters not provided for by this Part or Part 5 as are determined by the Minister in writing.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - PART 3
PART 3 - REFERENCE OF RESOURCE MATTER TO COMMISSION

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 16
Reference of resource matter to Commission

SECT

16. (1) Where the Commonwealth Government or a Commonwealth authority may, in the exercise of its powers, make a decision in relation to a resource matter, the Minister may, by written notice to the Chairperson, require the Commission to conduct an inquiry into the matter.

(2) Before the Minister refers a resource matter to the Commission, the Minister shall:
(a) consult with the governments of the States; and
(b) take reasonable steps to consult with persons who are, in the opinion of the Minister, interested in the resource matter.

(3) Where a resource matter is referred to the Commission, the Commission shall, in accordance with the referral of the matter:
(a) hold an inquiry into the matter; and
(b) prepare and give to the Minister a report of that inquiry.

(4) As soon as practicable after giving the notice, the Minister shall publish a copy of it in each State and inhabited external Territory in a newspaper circulating generally in the State or Territory.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 17
Referral

SECT

17. A referral of a resource matter:
(a) shall set out:
(i) a description of the matter;
(ii) the scope of the inquiry;
(iii) the date by which the report of the inquiry is to be
given to the Minister;
(iv) any principles or other matters to be taken into account
by the Commission; and
(v) any priorities to be observed by the Commission in taking
those matters into account;
(b) may require the Commission to specify in the report the courses of action on the matter that it considers are available to the Commonwealth Government or the Commonwealth authority, as the case requires; and
(c) where the referral contains the requirement described in paragraph (b) - may require the Commission to make recommendations in the report on those courses of action.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 18
Notice varying or ending inquiry

SECT

18. (1) At any time during an inquiry into a resource matter, the Minister may, by written notice to the Chairperson, amend or withdraw the referral of the matter.

(2) As soon as practicable after giving the notice, the Minister shall publish a copy of it in each State and inhabited external Territory in a newspaper circulating generally in the State or Territory.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - PART 4
PART 4 - INQUIRIES

RESOURCE ASSESSMENT COMMISSION ACT 1989 - DIVISION 1
Division 1 - Preliminary

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 19
Notice of inquiries

SECT

19. The Commission shall, as soon as practicable after receiving a referral of a resource matter, give reasonable notice in each State and inhabited external Territory, by advertisement in a newspaper circulating generally in the State or Territory, of:
(a) the inquiry into the matter;
(b) the subject of the inquiry;
(c) when the inquiry is to begin; and
(d) the address to which, and the date by which, written submissions to the inquiry may be sent.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 20
Constitution of Commission for purposes of inquiry

SECT

20. (1) An inquiry shall be conducted by a Division of the Commission constituted by the Chairperson and the special Commissioners (if any) for the inquiry.

(2) A Division shall include at least 2 special Commissioners unless the Minister otherwise directs.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 21
Inquiries may be held at the same time

SECT

21. The Commission may hold more than one inquiry at the same time.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 22
Delegation of Chairperson's powers

SECT

22. The Chairperson may, by signed instrument, delegate to a special Commissioner for an inquiry all or any of the Chairperson's powers under this Act in relation to the conduct of meetings and hearings of the Division conducting the inquiry, but those powers shall only be exercised at meetings and hearings at which the Chairperson is not present.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 23
Protection of Commissioners and witnesses

SECT

23. (1) A Commissioner has, in the performance of his or her duties as a Commissioner, the same protection and immunity as a Justice of the High Court.

(2) A person giving evidence to an inquiry 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.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - DIVISION 2
Division 2 - Conduct of Inquiries

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 24
General conduct of inquiries

SECT

24. Subject to this Division, in an inquiry:
(a) the procedure shall be decided upon by the Chairperson; and
(b) the Commission:
(i) may inform itself about any matter in any way the
Chairperson thinks fit;
(ii) may receive oral or written evidence;
(iii) may consult with such persons as the Chairperson thinks
fit;
(iv) is not bound to act in a formal manner; and
(v) is not bound by the rules of evidence.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 25
Meetings of Commissioners

SECT

25. (1) Where there is at least one special Commissioner for an inquiry, the Chairperson shall convene such meetings of the Division conducting the inquiry as the Chairperson thinks necessary for the efficient conduct of the inquiry.

(2) The Chairperson shall determine the places at which the meetings are to be held.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 26
Hearings by Commission

SECT

26. (1) The Commission shall hold such hearing or hearings as the Chairperson thinks necessary for the purposes of an inquiry.

(2) Before the Commission begins hearings for the purposes of an inquiry, the Commission shall give reasonable notice in each State and inhabited external Territory, by advertisement in a newspaper circulating generally in the State or Territory, of:
(a) the hearings;
(b) the subject of the hearings; and
(c) the time and place at which the hearings are to begin.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 27
Quorum for meetings and hearings

SECT

27. (1) Subject to subsection (2), where there is at least one special Commissioner for an inquiry, the majority of the Commissioners constituting the Division for the inquiry constitute a quorum at a meeting or hearing of the Division.

(2) A quorum of a Division for an inquiry shall not be taken to be present unless the Chairperson or his or her delegate for the purposes of the inquiry is present.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 28
Presiding at meetings and hearings

SECT

28. (1) The Chairperson shall preside at all meetings and hearings at which he or she is present.

(2) Where the Chairperson is not present at a meeting or hearing for the purposes of an inquiry, his or her delegate for the purposes of the inquiry shall preside at the meeting or hearing.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 29
Procedure at hearings

SECT

29. (1) Subject to this section, a hearing shall be held in public.

(2) Where:
(a) a person appearing to give evidence at a hearing objects to doing so in public; and
(b) the Commission considers:
(i) that the evidence is of a confidential nature; and
(ii) the interest in confidentiality is greater than the
interest in having the evidence taken in public;
the Commission may take the evidence in private.

(3) Where the Commission considers:
(a) that evidence to be given at a hearing is of a confidential nature even though the person appearing to give the evidence has not objected to doing so in public; and
(b) the interest in confidentiality is greater than the interest in having the evidence taken in public;
the Commission may take the evidence in private.

(4) The Commission may, if it thinks fit, permit or require a person who is to give evidence to the Commission to do so in writing.

(5) The Commission may, at a hearing, take evidence on oath or affirmation.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 30
Written evidence and documents to be made public

SECT

30. Where a person:
(a) gives written evidence to an inquiry; or
(b) gives or produces a document to the Commission in connection with an inquiry;
the Commission shall, as soon as is practicable, make available to the public in any way it thinks fit the particulars of the evidence or the contents of the document, other than any matter where:
(c) the person objects to the matter being made public and the Commission considers that evidence of the matter would have been taken in private if it had been given orally at a hearing; or
(d) the Commission considers that, even though the person does not object to the matter being made public, evidence of the matter would have been taken in private if it had been given orally at a hearing.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 31
Australian Heritage Commission to give evidence

SECT

31. Where a matter relating to the national estate, within the meaning of the Australian Heritage Commission Act 1975, is relevant to an inquiry, the Australian Heritage Commission shall give evidence about the matter to the inquiry.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 32
Commission may prepare background papers etc.

SECT

32. (1) In the course of an inquiry, the Commission may prepare for public consideration a background paper or issues paper in relation to the inquiry.

(2) The Commission shall, as soon as practicable, make copies of any background paper or issues paper available to the public.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 33
Draft reports

SECT

33. (1) In the course of an inquiry, the Commission shall, unless the Minister otherwise directs, prepare for public consideration a draft report of the inquiry.

(2) The Commission shall, as soon as practicable, make copies of the draft report available to the public and shall provide opportunities for public comment on the draft report.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 34
Participation in meetings etc.

SECT

34. Nothing in this Part prevents the Chairperson from permitting a person to participate in, or a Commissioner to form part of a quorum at, a meeting or hearing by means of:
(a) telephone;
(b) closed circuit television; or
(c) another method of communication.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 35
Powers of Chairperson

SECT

35. (1) A power of the Chairperson under section 24, 25 or 34 in relation to an inquiry shall be exercised, as far as practicable, only after consultation with the special Commissioners (if any) for the inquiry.

(2) The Chairperson shall direct and control travel arrangements by Commissioners for the purpose of the performance of their duties.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - DIVISION 3
Division 3 - Reports

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 36
Report to be tabled

SECT

36. The Minister shall cause a copy of a report relating to an inquiry that is given to him or her to be laid before each House of the Parliament within 25 sitting days of that House after the day on which the Minister receives the report.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - DIVISION 4
Division 4 - Evidence

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 37
Power to obtain information and documents

SECT

37. (1) Where the Commission:
(a) is conducting an inquiry; and
(b) has reason to believe that a person is capable of giving information or producing documents relevant to the inquiry;
the Chairperson may give written notice to the person:
(c) requiring him or her to appear at a hearing to give evidence or to produce the documents specified in the notice; or
(d) requiring him or her to give to the Commission on or before a day specified in the notice:
(i) a statement signed by the person or, in the case of a
body corporate, on behalf of the body corporate, setting out the information specified in the notice; or
(ii) the documents specified in the notice.

(2) Where documents are produced or given to the Commission under subsection (1), the Commission:
(a) may take possession of, and may make copies of or take extracts from, the documents;
(b) may retain possession of the documents for such period as is necessary for the purposes of the inquiry to which the documents relate; and
(c) during that period shall permit them to be inspected at all reasonable times by persons who would be entitled to inspect them if they were not in the possession of the Commission.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 38
Allowances to persons giving evidence

SECT

38. (1) A person who appears at a hearing because of a notice under subsection 37 (1) is entitled to be paid such allowances for the person's travelling and other expenses as are prescribed.

(2) If the Chairperson considers it appropriate, a person who appears at a hearing to give evidence or produce documents (otherwise than because of a notice under subsection 37 (1)) may be paid such allowances for the person's travelling and other expenses as are prescribed.

(3) If the Chairperson considers it appropriate, a person who gives evidence to, or produces documents at, an inquiry may be:
(a) paid such remuneration as is prescribed for the performance of work involved in collecting and preparing the evidence or documents; or
(b) reimbursed such expenses, or compensated for such losses, as were reasonably incurred in collecting and preparing the evidence or documents;
or both.

(4) Money payable under this section is to be paid by the Commonwealth.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - PART 5
PART 5 - ADMINISTRATION

RESOURCE ASSESSMENT COMMISSION ACT 1989 - DIVISION 1
Division 1 - Office of Commissioner

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 39
Arrangements for appointment of Judge of State or Northern
Territory

SECT

39. (1) The Prime Minister may, for the purpose of the appointment as a Commissioner of a person who is a Judge of a State or of the Northern Territory, enter into such arrangement with the Premier of the State or the Chief Minister of the Territory, as the case may be, as is necessary to secure that person's services.

(2) The arrangement may provide for the Commonwealth to reimburse the State or the Territory with respect to the services of the person to whom the arrangement relates.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 40
Appointment of Judge as Commissioner not to affect tenure etc.

SECT

40. (1) The appointment of a Federal Judge as a Commissioner, or service by a Federal Judge as a Commissioner, does not affect the person's tenure of his or her judicial office or the person's rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of that judicial office and, for all purposes, the person's service as a Commissioner shall be taken to be service as the holder of that judicial office.

(2) In this section:
"Federal Judge" means a Judge other than a Judge of a State;
"judicial office", in relation to a person, means the office because of which the person is a Federal Judge.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 41
Acting Chairperson

SECT

41. (1) The Minister may appoint a person to act as the Chairperson:
(a) during a vacancy in the office of the Chairperson (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chairperson is absent from Australia or is, for any other reason, unable to perform the functions of the office of the Chairperson;
but a person appointed to act during a vacancy shall not continue to act for more than 12 months.

(2) Anything done by or in relation to a person purporting to act as the Chairperson is not invalid on the ground that:
(a) the occasion for the person's appointment had not arisen;
(b) there was a defect or irregularity in connection with the person's appointment;
(c) the person's appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 42
Acting special Commissioners

SECT

42. (1) The Minister may appoint a person to act as a special Commissioner for an inquiry:
(a) in the place of a person who has ceased to be a special Commissioner for the inquiry; or
(b) during any period, or during all periods, when a special Commissioner for the inquiry:
(i) is absent from Australia;
(ii) is unable to take part in the inquiry because of a
direction under subsection 44 (4); or
(iii) is, for any other reason, unable to perform the
function of a special Commissioner for the inquiry;
but a person appointed to act under paragraph (a) shall not continue to act for more than 6 months.

(2) In considering the persons suitable for appointment under subsection (1) for an inquiry, the Minister shall take into account the consultations under section 14 in relation to the inquiry.

(3) Anything done by or in relation to a person purporting to act as a special Commissioner is not invalid on the ground that:
(a) the occasion for the person's appointment had not arisen;
(b) there was a defect or irregularity in connection with the person's appointment;
(c) the person's appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 43
Outside employment

SECT

43. (1) A Commissioner shall not:
(a) if appointed on a full-time basis - engage in paid employment outside the duties of the office of Commissioner except with the consent of the Minister; or
(b) if appointed on a part-time basis - engage in paid employment that conflicts with the proper performance of the Commissioner's functions.

(2) Subject to subsection (3), a reference in this section to paid employment includes a reference to the performance by a person of a service for which it could reasonably be expected that the person would receive payment.

(3) For the purposes of this section, a person shall not be taken to engage in paid employment by reason only of being a Judge.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 44
Disclosure of interests

SECT

44. (1) The Chairperson shall give written notice to the Minister of all direct and indirect pecuniary interests that the Chairperson has or acquires in a business carried on in Australia or in a body corporate carrying on any such business.

(2) Where the Chairperson has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of his or her functions during an inquiry:
(a) he or she shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the interest to the Minister;
(b) the Minister shall take such action as the Minister considers appropriate; and
(c) the interest shall be disclosed in the report of the inquiry.

(3) Where a special Commissioner has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of his or her functions during an inquiry:
(a) he or she shall, as soon as practicable after the relevant facts have come to his or her knowledge, disclose the interest to the Minister; and
(b) the special Commissioner shall resign under subsection 50 (2) as a special Commissioner for the inquiry.

(4) Where the Chairperson becomes aware that a special Commissioner has, in relation to an inquiry, an interest of the kind referred to in subsection (3), the Chairperson shall direct the special Commissioner not to take part in the inquiry.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 45
Suspension and removal from office

SECT

45. (1) The Governor-General may suspend a Commissioner, other than a Judge, from office on the ground of misbehaviour or physical or mental incapacity.

(2) Where the Governor-General suspends a Commissioner from office, the Minister shall cause a statement of the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of the House after the suspension.

(3) Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Commissioner should be restored to office and, if each House so passes a resolution, the Governor-General shall terminate the suspension.

(4) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Governor-General may remove the Commissioner from office.

(5) If a Commissioner, other than a Judge:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;
(b) being a person holding office on a full-time basis:
(i) engages, except with the consent of the Minister, in paid
employment outside the duties of his or her office; or
(ii) is absent from duty, except on leave of absence, for 14
consecutive days or for 28 days in any period of 12 months; or
(c) fails, without reasonable excuse, to comply with subsection 44 (1), (2) or (3) or with a direction under subsection 44 (4);
the Governor-General shall terminate the appointment of the Commissioner.

(6) If a person appointed as a Commissioner is a Judge and that person ceases to be a Judge, the Governor-General may terminate the appointment of that person.

(7) A Commissioner shall not be removed from office except as provided by this section.

(9) A Commissioner who is suspended from office under this section is not entitled to be paid any remuneration or allowances in respect of the period of suspension unless he or she is restored to office.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 45A
Removal taken to be retirement on ground of invalidity

SECT

45A. (1) If a Commissioner:
(a) is an eligible employee for the purposes of the Superannuation Act 1976; and
(b) is removed from office under section 45 on the ground of physical or mental incapacity;
for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which he or she was suspended from office.

(2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the Commissioner.

(3) If a Commissioner:
(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and
(b) is removed from office under section 45 on the ground of physical or mental incapacity;
for the purposes of that Act, he or she is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which he or she was suspended from office.

(4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the Commissioner.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 45B
Retirement on ground of invalidity under Superannuation Acts

SECT

45B. (1) In spite of anything contained in sections 45 and 51, a Commissioner who:
(a) is an eligible employee for the purposes of the Superannuation Act 1976; and
(b) has not reached his or her maximum retiring age within the meaning of that Act;
is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

(2) In spite of anything contained in sections 45 and 51, a Commissioner who:
(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and
(b) is under 60 years of age;
is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - DIVISION 2
Division 2 - Conditions of Commissioners

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 46
Part-time Chairperson taken to be full-time

SECT

46. Where:
(a) the Chairperson has been appointed on a part-time basis; and
(b) the Minister becomes satisfied that the Chairperson will not be able to perform the functions of Chairperson during a period otherwise than on a full-time basis;
the Minister shall, in writing specifying the period, direct that, for the purposes of paragraph 45 (5) (b) and sections 48 and 49, the Chairperson shall be taken to have been appointed on a full-time basis for that period.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 47
Part-time special Commissioner taken to be full-time

SECT

47. Where:
(a) a special Commissioner has been appointed on a part-time basis; and
(b) the Chairperson becomes satisfied that the Commissioner will not be able to perform the functions of Commissioner during a period otherwise than on a full-time basis;
the Chairperson shall, in writing specifying the period, direct that, for the purposes of paragraph 45 (5) (b) and sections 48 and 49, the Commissioner shall be taken to have been appointed on a full-time basis for that period.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 48
Remuneration and allowances

SECT

48. (1) Subject to this section, a Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.

(2) A Commissioner shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

(4) If a person who is a Judge is appointed as a Commissioner, the person is not entitled to remuneration under this Act while receiving salary or annual allowance as a Judge.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 49
Leave of absence

SECT

49. (1) Subject to arrangements under section 39 and to section 40 and section 87E of the Public Service Act 1922, a full-time Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.

(1A) Subject to arrangements under section 39 and to section 40, the Minister may grant a full-time Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

(2) The Minister may, in writing, delegate to the Chairperson the powers under subsection (1) in relation to special Commissioners.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 50
Resignation of Commissioners

SECT

50. (1) The Chairperson may resign by signed instrument delivered to the Governor-General.

(2) A special Commissioner may resign as a special Commissioner for an inquiry by signed instrument delivered to the Governor-General.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 51
Retirement from office

SECT

51. The Governor-General may, with the consent of the Commissioner, retire a Commissioner on the ground of invalidity.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - PART 6
PART 6 - OFFENCES

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 52
Offences relating to administration of Act

SECT

52. (1) A person shall not hinder, obstruct, molest or interfere with:
(a) a Commissioner participating in an inquiry; or
(b) a person acting on behalf of the Commission for the purposes of an inquiry.
Penalty: $3,000.

(2) A person who:
(a) refuses to employ another person;
(b) dismisses, or threatens to dismiss, another person from the other person's employment;
(c) prejudices, or threatens to prejudice, another person in the other person's employment; or
(d) intimidates or coerces, imposes any pecuniary or other penalty upon, or takes any other disciplinary action in relation to, another person;
because the other person:
(e) has given, or proposes to give, any information or documents to the Commission or to a person acting on behalf of the Commission; or
(f) has given or proposes to give evidence before the Commission or to a person acting on behalf of the Commission;
is guilty of an offence.
Penalty: Imprisonment for 6 months.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 53
Failure to comply with requirement

SECT

53. (1) A person who, after having been given notice under subsection 37 (1), without reasonable excuse:
(a) refuses or fails to comply with the notice; or
(b) when appearing at a hearing because of the notice refuses or fails:
(i) to take an oath or make an affirmation; or
(ii) to answer a question that is required by the
Commissioner presiding at the hearing to be answered;
is guilty of an offence.
Penalty: $3,000.

(2) A person who, after having been given notice under subsection 37 (1) requiring the person to appear at a hearing, without reasonable excuse, refuses or fails to attend from day to day unless excused, or released from further attendance, by the Commissioner presiding at the hearing is guilty of an offence.
Penalty: $3,000.

(3) It is a reasonable excuse for the purposes of subsection (1) for a person to refuse or fail to answer a question, give information or produce a document that the answer, the information or the production of the document might tend to incriminate the person or make the person liable to forfeiture or a penalty.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 54
False or misleading evidence or information

SECT

54. (1) A person shall not:
(a) give to the Commission information, or documents, that the person knows to be false or misleading in a material particular; or
(b) at a hearing, give evidence, or produce a document, that the person knows to be false or misleading in a material particular.
Penalty: Imprisonment for 6 months.

(2) Subsection (1) does not apply to a document if, at the time when the person gives it to the Commission, produces it at a hearing or gives it to the Commission, the person informs the Commission that it is false or misleading in a material particular and specifies in what respect it is, to the person's knowledge, false or misleading in a material particular.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 55
Conduct of directors, servants and agents

SECT

55. (1) Where it is necessary to establish, for the purposes of this Act or the regulations, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and
(b) that the director, servant or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority shall be deemed, for the purposes of this Act and the regulations, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

(3) Where it is necessary to establish, for the purposes of this Act or the regulations, the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and
(b) that the servant or agent had the state of mind.

(4) Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her apparent authority shall be deemed, for the purposes of this Act and the regulations, to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that the first-mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

(5) Where:
(a) a person other than a body corporate is convicted of an offence; and
(b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.

(6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose of the person; and
(b) the person's reasons for the intention, opinion, belief or purpose.

(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

(8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - PART 7
PART 7 - MISCELLANEOUS

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 56
Relationship of this Act to other laws

SECT

56. The provisions of this Act are in addition to, and neither in derogation of nor in substitution for, the requirements of the Environment Protection (Impact of Proposals) Act 1974 or any other law of the Commonwealth.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 57
Annual report

SECT

57. (1) The Chairperson shall, not later than 31 December in each year commencing with the year 1990, prepare and give to the Minister a report on the Commission's activities during the period of 12 months that ended on the preceding 30 June.

(2) A report may contain comments on issues arising from inquiries conducted by the Commission.

(3) The Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister received the report.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 58
Regulations

SECT

58. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - PART 8
PART 8 - ARRANGEMENTS IF THE HONOURABLE
D. G. STEWART APPOINTED FIRST CHAIRPERSON

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 59
Principal Act

SECT

59. In this Part, "Principal Act" means the National Crime Authority (Status and Rights of Chairman) Act 1984.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SECT 60
Amendments of Principal Act

SECT

60. (1) The Principal Act is amended as set out in Schedule 2.

(2) The amendments made by subsection (1) only apply if the Honourable Donald Gerard Stewart is appointed the first Chairperson but, if they do so:
(a) the amendments of subsection 7 (2) of the Principal Act shall be taken to have applied before he ceased to be Chairman of the National Crime Authority; and
(b) he shall not be taken to have become entitled to a payment referred to in subsection 7 (4) of the Principal Act because of his so ceasing.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SCHEDULE 1

SCH

SCHEDULE 1 Section 7
POLICY PRINCIPLES FOR RESOLVING COMPETING CLAIMS
FOR THE USE OF RESOURCES
1. There should be an integrated approach to conservation
(including all environmental and ecological considerations) and
development by taking both conservation (including all
environmental and ecological considerations) and development
aspects into account at an early stage.
2. Resource use decisions should seek to optimise the net
benefits to the community from the nation's resources, having
regard to efficiency of resource use, environmental
considerations, ecological integrity and sustainability,
ecosystem integrity and sustainability, the sustainability of any
development, and an equitable distribution of the return on
resources.
3. Commonwealth decisions, policies and management regimes may
provide for additional uses that are compatible with the primary
purpose values for the area, recognising that in some cases both
conservation (including all environmental and ecological
considerations) and development interests can be accommodated
concurrently or sequentially, and, in other cases, choices must
be made between alternative uses or combinations of uses.

RESOURCE ASSESSMENT COMMISSION ACT 1989 - SCHEDULE 2

SCH

SCHEDULE 2 Section 60
AMENDMENTS OF THE NATIONAL CRIME AUTHORITY
(STATUS AND RIGHTS OF CHAIRMAN) ACT 1984 *3*
* * * * *
*3* Section 60 - The amendments made by section 60 have been incorporated in the reprint of the National Crime Authority (Status and Rights of Chairman) Act 1984, which is published separately.