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Royal Commissions Act 1902

Authoritative Version
  • - C2011C00244
  • In force - Superseded Version
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Act No. 12 of 1902 as amended, taking into account amendments up to Statute Law Revision Act 2011
An Act relating to Royal Commissions
Administered by: Prime Minister and Cabinet
Registered 29 Apr 2011
Start Date 19 Apr 2011
End Date 27 Mar 2013
Table of contents.

Royal Commissions Act 1902

Act No. 12 of 1902 as amended

This compilation was prepared on 19 April 2011
taking into account amendments up to Act No. 5 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

1A......... Power to issue Royal Commission..................................................... 1

1B......... Definitions.......................................................................................... 1

1C......... Application of the Criminal Code....................................................... 2

2............ Power to summon witnesses and take evidence.................................. 3

3............ Failure of witnesses to attend or produce documents.......................... 4

4............ Search warrants................................................................................... 5

5............ Application by telephone for search warrants..................................... 7

6............ Penalty for refusing to be sworn or to give evidence.......................... 7

6AA...... Legal professional privilege................................................................ 8

6AB...... Offences relating to claims for legal professional privilege................. 9

6A......... Self incrimination.............................................................................. 10

6B......... Arrest of witness failing to appear.................................................... 10

6C......... Acts or omissions on different days to constitute separate offences.. 11

6D......... Rights of witness.............................................................................. 11

6DD...... Statements made by witness not admissible in evidence against the witness            12

6F.......... Power of Commission in relation to documents and other things..... 12

6FA....... Examination of witnesses by counsel etc.......................................... 13

6G......... Witness to be paid expenses.............................................................. 13

6H......... False or misleading evidence............................................................. 14

6I........... Bribery of witness............................................................................. 14

6J.......... Fraud on witness............................................................................... 15

6K......... Destroying documents or other things.............................................. 16

6L.......... Preventing witness from attending.................................................... 17

6M........ Injury to witness............................................................................... 17

6N......... Dismissal by employers of witness................................................... 17

6O......... Contempt of Royal Commission....................................................... 18

6P.......... Commission may communicate information..................................... 18

7............ Protection to Commissioners etc....................................................... 20

7AA...... Commission may have concurrent functions and powers under State laws              20

7A......... Effect of Royal Commissioner having authority to inquire under foreign law          21

7B......... Commission may take evidence outside Australia............................. 22

7C......... Statements made by witness not admissible in evidence against the witness            22

7D......... Certain evidence before a State Commission inadmissible in Commonwealth proceedings     22

8............ Allowances to witnesses................................................................... 23

9............ Custody and use of records of Royal Commission........................... 24

10.......... Institution of proceedings in respect of other offences...................... 29

15.......... Costs................................................................................................. 30

16.......... Evidence of issue of Commission etc................................................ 30

17.......... Regulations....................................................................................... 31

Notes                                                                                                                                             33


An Act relating to Royal Commissions

1  Short title [see Note 1]

                   This Act may be cited as the Royal Commissions Act 1902.

1A  Power to issue Royal Commission

                   Without in any way prejudicing, limiting, or derogating from the power of the King, or of the Governor‑General, to make or authorize any inquiry, or to issue any commission to make any inquiry, it is hereby enacted and declared that the Governor‑General may, by Letters Patent in the name of the King, issue such commissions, directed to such person or persons, as he or she thinks fit, requiring or authorizing him or her or them or any of them to make inquiry into and report upon any matter specified in the Letters Patent, and which relates to or is connected with the peace, order, and good government of the Commonwealth, or any public purpose or any power of the Commonwealth.

1B  Definitions

             (1)  In this Act, unless the contrary intention appears:

Commission and Royal Commission means any Commission of inquiry issued by the Governor‑General by Letters Patent in pursuance of this Act or of any other power, and includes the members of the Commission, or a quorum thereof, or the sole Commissioner, sitting for the purposes of the inquiry.

document includes any book, register or other record of information, however compiled, recorded or stored.

Finance Minister means the Minister administering the Financial Management and Accountability Act 1997.

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

legal practitioner means a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory.

member, in relation to a Commission, means:

                     (a)  in the case of a Commission constituted by one person—that person; or

                     (b)  in the case of a Commission constituted by 2 or more persons—each of those persons.

reasonable excuse means:

                     (a)  in relation to any act or omission by a witness before a Commission—an excuse which would excuse an act or omission of a similar nature by a witness before a court of law; or

                     (b)  in relation to any act or omission by a person summoned as a witness before a Commission—an excuse which would excuse an act or omission of a similar nature by a person summoned as a witness before a court of law; or

                     (c)  in relation to any act or omission by a person served with a notice under subsection 2(3A) or 6AA(3)—an excuse which would excuse an act or omission of a similar nature by a person served with a subpoena in connection with a proceeding before a court of law.

relevant Commission means a Commission established by Letters Patent that declare that the Commission is a relevant Commission for the purposes of the provision in which the expression appears.

             (2)  In this Act, unless the contrary intention appears:

                     (a)  a reference to a requirement to produce a document includes a reference to a requirement to produce a part of the document; and

                     (b)  a reference to refusal or failure to produce a document includes:

                              (i)  if production of the whole of the document is required—a reference to refusal or failure to produce a part of the document; and

                             (ii)  if production of a part of the document is required—a reference to refusal or failure to produce a part of that part of the document.

1C  Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2  Power to summon witnesses and take evidence

             (1)  A member of a Commission may summon a person to appear before the Commission at a hearing to do either or both of the following:

                     (a)  to give evidence;

                     (b)  to produce the documents, or other things, specified in the summons.

             (2)  The member of a Commission presiding at a hearing of the Commission may require a person appearing at the hearing to produce a document or other thing.

             (3)  A Commission may, at a hearing, take evidence on oath or affirmation and for that purpose:

                     (a)  a member of the Commission may require a person appearing at the hearing to give evidence either to take an oath or to make an affirmation in a form approved by the member of the Commission presiding at the hearing; and

                     (b)  a member of the Commission, or a person who is an authorized person in relation to the Commission, may administer an oath or affirmation to a person so appearing at the hearing.

          (3A)  A member of a Commission may, by written notice served (as prescribed) on a person, require the person to produce a document or thing specified in the notice to a person, and at the time and place, specified in the notice.

             (4)  In this section, a reference to a person who is an authorized person in relation to a Commission is a reference to a person authorized in writing, or a person included in a class of persons authorized in writing, for the purposes of this section by the President or Chair of that Commission, or by the sole Commissioner, as the case may be.

             (5)  For the purposes of sections 3, 6AA and 6AB, the power of a member of a Commission under this section to require or summon a person to produce a document includes the power to require or summon the person to produce a document that is subject to legal professional privilege.

Note:          Under section 6AA, legal professional privilege might still be a reasonable excuse for refusing or failing to produce the document.

3  Failure of witnesses to attend or produce documents

             (1)  A person served, as prescribed, with a summons to appear as a witness at a hearing before a Commission shall not:

                     (a)  fail to attend as required by the summons; or

                     (b)  fail to attend from day to day unless excused, or released from further attendance, by a member of the Commission.

Penalty:  $1,000 or imprisonment for 6 months.

          (1A)  Subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

          (1B)  Subsection (1) does not apply if the person has a reasonable excuse.

             (2)  A person appearing as a witness at a hearing before a Commission shall not fail to produce a document or other thing that the person was required to produce by a summons under this Act served on him or her as prescribed or that the person was required to produce by the member of the Commission presiding at the hearing.

Penalty:  $1,000 or imprisonment for 6 months.

          (2A)  Subsection (2) is an offence of strict liability.

          (2B)  Subsection (2) does not apply if the person has a reasonable excuse.

             (3)  It is a defence to a prosecution for an offence against subsection (2) constituted by a failure to produce a document or other thing to a Commission if the document or other thing was not relevant to the matters into which the Commission was inquiring.

Note:          A defendant bears an evidential burden in relation to the matters in subsections (1B), (2B) and (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  A person served with a notice under subsection 2(3A) must not refuse or fail to produce a document or other thing that the person was required to produce in accordance with the notice.

Penalty:  $1,000 or imprisonment for 6 months.

             (5)  Subsection (4) does not apply if the person has a reasonable excuse.

             (6)  It is a defence to a prosecution for an offence against subsection (4) constituted by a refusal or failure to produce a document or other thing if the document or other thing was not relevant to the matters into which the Commission was inquiring.

Note:          A defendant bears an evidential burden in relation to the matters in subsections (5) and (6) (see subsection 13.3(3) of the Criminal Code).

4  Search warrants

          (1A)  A relevant Commission may authorise:

                     (a)  a member of the relevant Commission; or

                     (b)  a member of the Australian Federal Police, or of the Police Force of a State or Territory, who is assisting the relevant Commission;

to apply for search warrants under subsection (3) in relation to matters into which the relevant Commission is inquiring. The authorisation must be in writing.

             (1)  Where:

                     (a)  a relevant Commission, or a person authorised by a relevant Commission under subsection (1A), has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, upon any land or upon or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a matter into which the relevant Commission is inquiring (in this section referred to as things of the relevant kind); and

                     (b)  the relevant Commission, or the person, believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed;

the relevant Commission, or the person, may apply to a Judge of a prescribed court for the issue of a search warrant under subsection (3).

             (3)  Where an application under subsection (1) is made to a Judge of a prescribed court, the Judge may, if he or she is satisfied that there are reasonable grounds for issuing the warrant, issue a search warrant authorizing a member of the Australian Federal Police or of the Police Force of a State or of the Northern Territory, or any other person, named in the warrant, with such assistance as the member or person thinks necessary and if necessary by force:

                     (a)  to enter upon the land or upon or into the premises, vessel, aircraft or vehicle;

                     (b)  to search the land, premises, vessel, aircraft or vehicle for things of the relevant kind; and

                     (c)  to seize any things of the relevant kind found upon the land or upon or in the premises, vessel, aircraft or vehicle and deliver things so seized to the relevant Commission.

             (4)  There shall be stated in a warrant issued under this section:

                     (a)  a statement of the purpose for which the warrant is issued, which shall include a reference to the matter into which the relevant Commission is inquiring and with which the things of the relevant kind are connected;

                     (b)  whether entry is authorized to be made at any time of the day or night or during specified hours of the day or night;

                     (c)  a description of the kind of things authorized to be seized; and

                     (d)  a date, not being later than one month after the date of issue of the warrant, upon which the warrant ceases to have effect.

             (5)  If, in the course of searching, in accordance with a warrant issued under this section, for things of a particular kind connected with a matter into which a relevant Commission is inquiring, the person executing the warrant finds:

                     (a)  any thing of another kind that he or she believes on reasonable grounds to be connected with that matter; or

                     (b)  any thing that he or she believes on reasonable grounds to be connected with another matter into which the relevant Commission is inquiring;

and he or she believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss, mutilation or destruction, the warrant shall be deemed to authorize the person to seize that thing.

             (6)  A reference in this section to a Judge of a prescribed court shall be construed as a reference to:

                     (a)  a Judge of the Federal Court of Australia; or

                     (b)  a Judge of a court of a State or Territory.

             (7)  In this section, thing includes a document.

5  Application by telephone for search warrants

             (1)  An application for a search warrant under subsection 4(1) may be made by telephone if the applicant for the warrant considers it necessary to do so because of circumstances of urgency.

             (2)  Where a Judge issues a search warrant upon an application made by telephone, the Judge shall:

                     (a)  complete and sign that warrant;

                     (b)  inform the applicant of the terms of the warrant and the date on which and the time at which it was signed; and

                     (c)  forward a copy of the warrant to the applicant.

             (3)  Where a search warrant is issued upon an application made by telephone, a member of the staff of the relevant Commission or a member of the Australian Federal Police or of the Police Force of a State may complete a form of warrant in the terms indicated by a Judge under subsection (2).

             (4)  A form of warrant duly completed in accordance with subsection (3) shall be deemed to be a warrant issued under section 4.

6  Penalty for refusing to be sworn or to give evidence

             (1)  If any person appearing as a witness before the Commission refuses to be sworn or to make an affirmation or to answer any question relevant to the inquiry put to him or her by any of the Commissioners, the person shall be guilty of an offence.

             (2)  The penalty for an offence under subsection (1) is a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months.

             (3)  Subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

6AA  Legal professional privilege

             (1)  It is not a reasonable excuse for the purposes of subsection 3(2B) or (5) for a person to refuse or fail to produce a document that the document is subject to legal professional privilege, unless:

                     (a)  a court has found the document (or the relevant part of the document) to be subject to legal professional privilege; or

                     (b)  a claim that the document (or the relevant part of the document) is subject to legal professional privilege has been made, to the member of the Commission who required production of the document:

                              (i)  within the time that the member of the Commission, in requiring production of the document, allowed for its production; or

                             (ii)  within such further time as the member of the Commission allows for production of the document.

             (2)  If such a claim is made, the member of the Commission who required production of the document may decide whether to accept or reject the claim.

             (3)  The member of the Commission may, by written notice served (as prescribed) on a person, require the person to produce the document for inspection (by the member of the Commission or a person authorised by the member of the Commission) for the purpose of deciding whether to accept or reject the claim.

             (4)  If the document has been produced for inspection and the member of the Commission decides to accept the claim, the Commission must:

                     (a)  return the document to the person; and

                     (b)  disregard, for the purposes of any report or decision that the Commission makes:

                              (i)  if the claim is accepted in relation to the whole document—the whole document; or

                             (ii)  if the claim is accepted in relation to a part of the document—that part of the document.

             (5)  If the document has been produced for inspection and the member of the Commission decides to reject the claim, the Commission may use the document for the purposes of the inquiry.

             (6)  Without limiting subsections (3) and (5), the powers of a member of a Commission, or a Commission, under section 2 apply, by force of this subsection, in relation to deciding whether to accept or reject the claim.

6AB  Offences relating to claims for legal professional privilege

             (1)  A person commits an offence if:

                     (a)  the person had refused or failed to produce a document as required by a member of a Commission under section 2; and

                     (b)  the member of the Commission has decided under subsection 6AA(2) to reject a claim that the document (or the relevant part of the document) is subject to legal professional privilege; and

                     (c)  the person refuses or fails to produce the document as the member of the Commission requires, after that decision, under section 2.

Penalty:  $1,000 or imprisonment for 6 months.

             (2)  A person commits an offence if the person refuses or fails to produce a document that the person was required under subsection 6AA(3) to produce for inspection.

Penalty:  $1,000 or imprisonment for 6 months.

             (3)  Subsections (1) and (2) are offences of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  Subsections (1) and (2) do not apply if the person has a reasonable excuse.

             (5)  It is not a reasonable excuse for the purposes of subsection (4) for a person to refuse or fail to produce a document that the document is subject to legal professional privilege, unless a court has found the document to be subject to legal professional privilege.

             (6)  It is a defence to a prosecution for an offence against this section constituted by a refusal or failure to produce a document if the document was not relevant to the matters into which the Commission was inquiring.

Note:          A defendant bears an evidential burden in relation to the matters in subsections (4) and (6) (see subsection 13.3(3) of the Criminal Code).

6A  Self incrimination

             (1)  It is not a reasonable excuse for the purposes of subsection 3(2B) or (5), or section 6AB, for a natural person to refuse or fail to produce a document or other thing that the production of the document or other thing might tend to:

                     (a)  incriminate the person; or

                     (b)  make the person liable to a penalty.

             (2)  A natural person is not excused from answering a question that the person is required to answer by a member of a Commission on the ground that answering the question might tend to:

                     (a)  incriminate the person; or

                     (b)  make the person liable to a penalty.

             (3)  Subsections (1) and (2) do not apply to the production of a document or other thing, or the answer to a question, if:

                     (a)  the production or answer might tend to incriminate the person in relation to an offence; and

                     (b)  the person has been charged with that offence; and

                     (c)  the charge has not been finally dealt with by a court or otherwise disposed of.

             (4)  Subsections (1) and (2) do not apply to the production of a document or other thing, or the answer to a question, if:

                     (a)  the production or answer might tend to make the person liable to a penalty; and

                     (b)  proceedings in respect of the penalty have commenced; and

                     (c)  those proceedings have not been finally dealt with by a court or otherwise disposed of.

6B  Arrest of witness failing to appear

             (1)  If any person served with a summons to attend a Royal Commission as a witness fails to attend the Commission in answer to the summons, the President or Chair may, on proof by statutory declaration of the service of the summons, issue a warrant for the person’s apprehension.

             (2)  The warrant shall authorize the apprehension of the witness and the witness being brought before the Commission, and the witness’ detention in custody for that purpose until he or she is released by order of the President or Chair.

             (3)  The warrant may be executed by any member of the Australian Federal Police or of the Police Force of a State or of the Northern Territory, or by any person to whom it is addressed, and the person executing it shall have power to break and enter any place building or vessel for the purpose of executing it.

             (4)  The apprehension of any witness under this section shall not relieve him or her from any liability incurred by the witness by reason of his or her non‑compliance with the summons.

6C  Acts or omissions on different days to constitute separate offences

                   Where any person has on any day done or omitted to do something, and the person’s act or omission amounts to an offence against section 3 or 6, and does or omits to do the same thing at any meeting of the Commission held on some other day, each such act or omission shall be a separate offence.

6D  Rights of witness

             (1)  Nothing in this Act shall make it compulsory for any witness before a Royal Commission to disclose to the Commission any secret process of manufacture.

             (2)  If any witness before a Royal Commission requests that the witness’ evidence relating to a particular subject be taken in private on the ground that the evidence relates to the profits or financial position of any person, and that the taking of the evidence in public would be unfairly prejudicial to the interests of that person, the Commission may, if it thinks proper, take that evidence in private, and no person who is not expressly authorized by the Commission to be present shall be present during the taking of that evidence.

             (3)  The Commission may direct that:

                     (a)  any evidence given before it;

                     (b)  the contents of any document, or a description of any thing:

                              (i)  produced before, or delivered to, the Commission; or

                             (ii)  produced under a notice under subsection 2(3A); or

                     (c)  any information that might enable a person who has given evidence before the Commission to be identified;

shall not be published, or shall not be published except in such manner, and to such persons, as the Commission specifies.

             (4)  A person who makes any publication in contravention of any direction given under subsection (3) is guilty of an offence punishable, upon summary conviction, by a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months.

             (5)  This section shall be read as in aid of and not as in derogation of the Commission’s general powers to order that any evidence may be taken in private.

6DD  Statements made by witness not admissible in evidence against the witness

             (1)  The following are not admissible in evidence against a natural person in any civil or criminal proceedings in any court of the Commonwealth, of a State or of a Territory:

                     (a)  a statement or disclosure made by the person in the course of giving evidence before a Commission;

                     (b)  the production of a document or other thing by the person pursuant to a summons, requirement or notice under section 2 or subsection 6AA(3).

             (2)  Subsection (1) does not apply to the admissibility of evidence in proceedings for an offence against this Act.

6F  Power of Commission in relation to documents and other things

             (1)  A Commission, a member of a Commission or a person who is an authorized person in relation to a Commission may:

                     (a)  inspect any documents or other things:

                              (i)  produced before, or delivered to, the Commission; or

                             (ii)  produced under a notice under subsection 2(3A) or 6AA(3); and

                     (b)  retain the documents or other things for so long as is reasonably necessary for the purposes of the inquiry to which the documents or other things are relevant; and

                     (c)  in the case of documents:

                              (i)  produced before, or delivered to, the Commission; or

                             (ii)  produced under a notice under subsection 2(3A) or 6AA(3);

                            make copies of any documents that contain matter that is relevant to a matter into which the Commission is inquiring.

             (2)  Where the retention of a document or other thing by a Commission ceases to be reasonably necessary for the purposes of the inquiry to which the document or other thing is relevant, the Commission shall, if a person who appears to the Commission to be entitled to the document or other thing so requests, cause the document or other thing to be delivered to that person unless the Commission has furnished the document or other thing to a person or body referred to in paragraph 6P(1)(a), (aa), (c), (d), (da) or (e) or subsection 6P(2), (2A) or (2B).

          (2A)  Subsection (2) has effect subject to subsection 9(10).

             (3)  In subsection (1), a reference to a person who is an authorized person in relation to a Commission is a reference to a person authorized in writing, or a person included in a class of persons authorized in writing, for the purposes of that subsection by the President or Chair of that Commission, or by the sole Commissioner, as the case may be.

6FA  Examination of witnesses by counsel etc.

                   Any legal practitioner appointed by the Attorney‑General to assist a Commission, any person authorized by a Commission to appear before it, or any legal practitioner authorized by a Commission to appear before it for the purpose of representing any person, may, so far as the Commission thinks proper, examine or cross‑examine any witness on any matter which the Commission deems relevant to the inquiry, and any witness so examined or cross‑examined shall have the same protection and be subject to the same liabilities as if examined by any of the Commissioners, or by the sole Commissioner, as the case may be.

6G  Witness to be paid expenses

             (1)  Any witness appearing before a Royal Commission shall be paid a reasonable sum for the expenses of his or her attendance in accordance with the prescribed scale.

             (2)  In the absence of a prescribed scale, the President or Chair of the Commission, or the sole Commissioner, may authorize the payment of such sum as he or she deems reasonable.

6H  False or misleading evidence

             (1)  A person shall not, at a hearing before a Commission, intentionally give evidence that the person knows to be false or misleading with respect to any matter, being a matter that is material to the inquiry being made by the Commission.

             (2)  An offence against subsection (1) is an indictable offence and, subject to this section, is punishable on conviction by imprisonment for a period not exceeding 5 years or by a fine not exceeding $20,000.

             (3)  Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

             (4)  Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection (1), the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months.

6I  Bribery of witness

             (1)  Any person who:

                     (a)  gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person called or to be called as a witness before any Royal Commission shall give false testimony or withhold true testimony; or

                     (b)  attempts by any means to induce a person called or to be called as a witness before any Royal Commission to give false testimony, or to withhold true testimony; or

                     (c)  asks, receives or obtains, or agrees to receive or obtain any property or benefit of any kind for himself or herself, or any other person, upon any agreement or understanding that any person shall as a witness before any Royal Commission give false testimony or withhold true testimony;

shall be guilty of an indictable offence.

Penalty:  Imprisonment for five years.

             (2)  Any person who:

                     (a)  gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person who is required to produce a document or other thing pursuant to a summons, requirement or notice under section 2 will not comply with the requirement; or

                     (b)  attempts by any means to induce any person who is required to produce a document or other thing pursuant to a summons, requirement or notice under section 2 not to comply with the requirement; or

                     (c)  asks, receives or obtains, or agrees to receive or obtain any property or benefit of any kind for himself or herself, or any other person, upon any agreement or understanding that any person who is required to produce a document or other thing pursuant to a summons, requirement or notice under section 2 will not comply with the requirement;

is guilty of an indictable offence.

Penalty:  Imprisonment for 5 years.

6J  Fraud on witness

             (1)  Any person who practises any fraud or deceit, or intentionally makes or exhibits any statement, representation, token, or writing, knowing it to be false, to any person called or to be called as a witness before any Royal Commission with intent to affect the testimony of that person as a witness, shall be guilty of an indictable offence.

Penalty:  Imprisonment for two years.

             (2)  Any person who practises any fraud or deceit, or intentionally makes or exhibits any statement, representation, token, or writing, knowing it to be false, to any person with intent that any person who is required to produce a document or other thing pursuant to a summons, requirement or notice under section 2 will not comply with the requirement, is guilty of an indictable offence.

Penalty:  Imprisonment for 2 years.

6K  Destroying documents or other things

             (1)  A person commits an offence if:

                     (a)  the person acts or omits to act; and

                     (b)  the act or omission results in a document or other thing being:

                              (i)  concealed, mutilated or destroyed; or

                             (ii)  rendered incapable of identification; or

                            (iii)  in the case of a document, rendered illegible or indecipherable; and

                     (c)  the person knows, or is reckless as to whether, the document or thing is one that:

                              (i)  is or may be required in evidence before a Commission; or

                             (ii)  a person has been, or is likely to be, required to produce pursuant to a summons, requirement or notice under section 2.

             (2)  An offence under subsection (1) is an indictable offence and, subject to this section, is punishable on conviction by imprisonment for a period not exceeding 2 years or by a fine not exceeding $10,000.

             (3)  Notwithstanding that an offence under subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

             (4)  Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence under subsection (1), the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months.

6L  Preventing witness from attending

             (1)  Any person who intentionally prevents any person who has been summoned to attend as a witness before any Royal Commission from attending as a witness or from producing anything in evidence pursuant to the summons to attend shall be guilty of an indictable offence.

Penalty:  Imprisonment for one year.

             (2)  Any person who intentionally prevents any person who is required to produce a document or other thing pursuant to a notice under subsection 2(3A) from producing that document or thing in accordance with the notice is guilty of an indictable offence.

Penalty:  Imprisonment for 1 year.

6M  Injury to witness

                   Any person who uses, causes or inflicts, any violence, punishment, damage, loss, or disadvantage to any person for or on account of:

                     (a)  the person having appeared as a witness before any Royal Commission; or

                     (b)  any evidence given by him or her before any Royal Commission; or

                     (c)  the person having produced a document or thing pursuant to a summons, requirement or notice under section 2;

is guilty of an indictable offence.

Penalty:  $1,000, or imprisonment for 1 year.

6N  Dismissal by employers of witness

             (1)  Any employer who dismisses any employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee having:

                     (a)  appeared as a witness before a Royal Commission; or

                     (b)  given evidence before a Royal Commission; or

                     (c)  produced a document or thing pursuant to a summons, requirement or notice under section 2;

is guilty of an indictable offence.

Penalty:  $1,000, or imprisonment for 1 year.

             (2)  Subsection (1) does not apply if the employee was dismissed or prejudiced in his or her employment for some reason other than the reasons mentioned in subsection (1).

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

6O  Contempt of Royal Commission

             (1)  Any person who intentionally insults or disturbs a Royal Commission, or interrupts the proceedings of a Royal Commission, or uses any insulting language towards a Royal Commission, or by writing or speech uses words false and defamatory of a Royal Commission, or is in any manner guilty of any intentional contempt of a Royal Commission, shall be guilty of an offence.

Penalty:  Two hundred dollars, or imprisonment for three months.

             (2)  If the President or Chair of a Royal Commission or the sole Commissioner is a Justice of the High Court, or a Judge of any other Federal Court, of the Supreme Court of a Territory or of the Supreme Court or County Court or District Court of a State, he or she shall, in relation to any offence against subsection (1) of this section committed in the face of the Commission, have all the powers of a Justice of the High Court sitting in open Court in relation to a contempt committed in face of the Court, except that any punishment inflicted shall not exceed the punishment provided by subsection (1) of this section.

6P  Commission may communicate information

             (1)  Where, in the course of inquiring into a matter, a Commission obtains information that relates, or that may relate, to a contravention of a law, or evidence of a contravention of a law, of the Commonwealth, of a State or of a Territory, the Commission may, if in the opinion of the Commission it is appropriate so to do, communicate the information or furnish the evidence, as the case may be, to:

                     (a)  the Attorney‑General of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory; or

                    (aa)  the Director of Public Prosecutions; or

                     (c)  a Special Prosecutor appointed under the Special Prosecutors Act 1982; or

                     (d)  the Commissioner of the Australian Federal Police or of the Police Force of a State or of the Northern Territory; or

                     (e)  the authority or person responsible for the administration or enforcement of that law.

          (1A)  A reference in subsection (1) to a contravention of a law is a reference to a contravention for which a person may be liable to:

                     (a)  a criminal penalty; or

                     (b)  a civil or administrative penalty.

             (2)  Where, in the course of inquiring into a matter, a Commission:

                     (a)  obtains information;

                     (b)  takes evidence; or

                     (c)  receives a document or thing;

that, in the opinion of the Commission, relates or may relate to a matter into which another Commission is required or authorized to inquire, the first‑mentioned Commission may, if in its opinion it is appropriate so to do, communicate the information or furnish the evidence, document or thing, as the case may be, to that other Commission.

          (2A)  Where, in the course of inquiry into a matter, a Commission:

                     (a)  obtains information;

                     (b)  takes evidence; or

                     (c)  receives a document or thing;

that, in the opinion of the Commission, relates or may relate to the performance of the functions of the Australian Crime Commission, the Commission may, if in its opinion it is appropriate so to do, communicate the information or furnish the evidence, document or thing, as the case may be, to the Chief Executive Officer of the Australian Crime Commission.

          (2B)  If, in the course of inquiry into a matter, a Commission:

                     (a)  obtains information; or

                     (b)  takes evidence; or

                     (c)  receives a document or thing;

that, in the opinion of the Commission, relates or may relate to the performance of the functions of the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006), the Commission may, if in its opinion it is appropriate so to do, communicate the information or furnish the evidence, document or thing, as the case may be, to the Integrity Commissioner.

             (3)  A reference in subsection (2), (2A) or (2B) to the furnishing of a document or thing includes a reference to the furnishing of the contents of the document or a description of the thing.

7  Protection to Commissioners etc.

             (1)  Every such Commissioner shall in the exercise of his or her duty as Commissioner have the same protection and immunity as a Justice of the High Court.

             (2)  Every witness summoned to attend or appearing before the Commission shall have the same protection, and shall in addition to the penalties provided by this Act be subject to the same liabilities in any civil or criminal proceeding, as a witness in any case tried in the High Court.

             (3)  A legal practitioner assisting a Commission or appearing on behalf of a person at a hearing before a Commission has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

7AA  Commission may have concurrent functions and powers under State laws

                   If, with the consent of the Minister, any functions or powers are conferred on:

                     (a)  a sole Commissioner; or

                     (b)  all the members of a Commission;

by the Governor of a State or a Minister of a State, the sole Commissioner, or the members of the Commission, as the case may be, may perform those functions or exercise those powers in conjunction with the performance or exercise by the sole Commissioner, or by the members of the Commission, as the case may be, of the Commissioner’s or members’ functions or powers under this Act.

7A  Effect of Royal Commissioner having authority to inquire under foreign law

                   Where:

                     (a)  by Letters Patent, a commission to make inquiry into and report upon the matters specified in the Letters Patent has been issued to a person or persons under section 1A;

                     (b)  an authority to inquire into, and take evidence in relation to, specified matters is granted by, or issued under, a law of another country, to the person, or to any one or more of the persons, referred to in paragraph (a);

                     (c)  in the opinion of the Attorney‑General, the matters specified:

                              (i)  in the case of an authority granted by a law of another country—in that law; or

                             (ii)  in the case of an authority issued under a law of another country—in the instrument by which the authority is issued;

                            are the same or substantially the same as the matters specified in the Letters Patent or are significantly related to those last‑mentioned matters; and

                     (d)  arrangements have been made between Australia and that other country in relation to the performance of functions and the exercise of powers under the authority by the person or persons referred to in paragraph (b);

any information obtained, and any evidence taken, by the person or persons referred to in paragraph (b), in the course of the performance of a function, or the exercise of a power, under the authority, being information or evidence that relates to the matters specified in the Letters Patent, may, subject to:

                     (e)  any conditions or restrictions subject to which the authority was granted or issued; and

                      (f)  any provision of the arrangements;

be used by the person or persons referred to in paragraph (a) for the purposes of the performance of any function, or the exercise of any power, under the commission.

7B  Commission may take evidence outside Australia

                   Where:

                     (a)  by Letters Patent, a commission has been issued to a person or persons (in this section referred to as the Commission) under section 1A; and

                     (b)  arrangements have been made between Australia and another country in relation to the taking of evidence in that country by the Commission;

the Commission may, in that other country, subject to any provision of the arrangements and to the laws of that other country, administer an oath or affirmation to any person appearing as a witness before the Commission and take evidence given by that witness on oath or affirmation, and any evidence taken in that country by the Commission in accordance with those arrangements may be used by the Commission in Australia for the purpose of the performance of any function, or the exercise of any power, under the commission.

7C  Statements made by witness not admissible in evidence against the witness

                   A statement or disclosure made by any witness in the course of giving evidence, being evidence that is taken as mentioned in section 7A or 7B, is not (except in proceedings for an offence against this Act) admissible in evidence against that witness in any civil or criminal proceedings in any court of the Commonwealth, of a State or of a Territory.

7D  Certain evidence before a State Commission inadmissible in Commonwealth proceedings

             (1)  In this section:

Commissioner means Gerald Edward Fitzgerald Q.C., in his capacity as the person making the inquiry.

Commonwealth proceedings means proceedings in a court of the Commonwealth, of a State or of a Territory, whether instituted before or after the commencement of this section, being:

                     (a)  criminal proceedings under a law of the Commonwealth or of a Territory (other than the Northern Territory); or

                     (b)  civil proceedings instituted by, or on behalf of, the Commonwealth.

inquiry means the inquiry being made by Gerald Edward Fitzgerald Q.C. under the Order in Council that was made under The Commissions of Inquiry Act of 1950 of the State of Queensland and published in the Queensland Government Gazette, on 26 May 1987, at pages 758A and 758B, being that Order in Council as amended by:

                     (a)  the Order in Council made under that Act and published in the Queensland Government Gazette, on 24 June 1987, at pages 1841A and 1841B; and

                     (b)  any other instrument, whether made before or after the commencement of this section.

State law means subsection 14(2) of The Commissions of Inquiry Act of 1950 of the State of Queensland.

             (2)  Where the State law would not render a statement or disclosure made by a witness in answer to a question put to the witness by or before the Commissioner inadmissible against the witness in Commonwealth proceedings, the statement or disclosure is, by force of this section, inadmissible against the witness in any such proceedings.

8  Allowances to witnesses

             (1)  The Governor‑General may make regulations prescribing a scale of allowances to be paid to any witness summoned under this Act for his or her travelling expenses and maintenance while absent from his or her usual place of abode.

             (2)  The claim to allowance of any such witness, certified by the President or Chair of the Commission or by the sole Commissioner as the case may be, shall be paid by the Finance Minister out of moneys to be provided by the Parliament for the purposes of the Commission.

 

9  Custody and use of records of Royal Commission

Definitions

             (1)  In this section:

body means a body (whether a body corporate or not) and includes:

                     (a)  an agency within the meaning of the Public Service Act 1999; and

                     (b)  a Department of State for, or an agency of, a State or a Territory.

civil penalty proceeding means a proceeding for a civil penalty in relation to a contravention of a law of the Commonwealth, a State or a Territory.

confiscation proceeding means a proceeding under:

                     (a)  the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002; or

                     (b)  a corresponding law within the meaning of either of those Acts;

but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.

custodian of a Royal Commission record means a person who, or a body that, has custody of the record under:

                     (a)  regulations made for the purposes of paragraph (2)(a); or

                     (b)  a direction under subsection 22(3) of the Archives Act 1983.

disciplinary proceeding:

                     (a)  means a proceeding of a disciplinary nature under a law of the Commonwealth, a State or a Territory; and

                     (b)  includes action taken under Subdivision D of Division 5 of Part V of the Australian Federal Police Act 1979.

law enforcement purposes means the purposes of taking action to enforce a law of the Commonwealth, a State or a Territory and includes the following purposes:

                     (a)  the purpose of bringing:

                              (i)  a prosecution for an offence against a law of the Commonwealth, a State or a Territory; or

                             (ii)  a civil penalty proceeding; or

                            (iii)  a confiscation proceeding; or

                            (iv)  a disciplinary proceeding;

                     (b)  the purpose of investigating whether:

                              (i)  an offence has been committed against a law of the Commonwealth, a State or a Territory; or

                             (ii)  there has been a contravention of a law of the Commonwealth, a State or a Territory in relation to which civil penalty proceedings may be brought;

                     (c)  the purpose of preparing the material necessary to prosecute a person for an offence against a law of the Commonwealth, a State or a Territory;

                     (d)  the purpose of preparing the material necessary to bring civil penalty proceedings against a person for a contravention of a law of the Commonwealth, a State or a Territory;

                     (e)  the purpose of preparing the material necessary to bring a confiscation proceeding;

                      (f)  the purpose of preparing the material necessary to bring a disciplinary proceeding.

public authority means:

                     (a)  an agency within the meaning of the Public Service Act 1999; or

                     (b)  a Department of State for, or an agency of, a State or a Territory; or

                     (c)  a body established or incorporated for a public purpose by or under a law of the Commonwealth, a State or a Territory.

public office holder means:

                     (a)  a Minister of State for the Commonwealth, a State or a Territory; or

                     (b)  the holder of an office established for a public purpose by or under a law of the Commonwealth, a State or a Territory.

record has the same meaning as in the Archives Act 1983.

Royal Commission record means a record that:

                     (a)  was produced by, given to or obtained by a Royal Commission; and

                     (b)  is no longer required for the purposes of the Commission;

and includes a copy of such a record.

use of a Royal Commission record includes use of information contained in the record.

Regulations may provide for the custody, use or transfer of, or access to, Royal Commission records

             (2)  The regulations:

                     (a)  may, subject to subsection (3), provide for the custody in which some or all of the Royal Commission records of a Royal Commission are to be kept; and

                     (b)  may specify either or both of the following:

                              (i)  purposes for which a custodian of Royal Commission records may use some or all of those records;

                             (ii)  purposes for which a custodian of Royal Commission records must not use some or all of those records; and

                     (c)  may provide for the circumstances in which the custodian of Royal Commission records must, or may, give some or all of those records to other persons or bodies; and

                     (d)  may provide for the circumstances in which the custodian of Royal Commission records must, or may, allow access to some or all of those records to other persons or bodies; and

                     (e)  may specify either or both of the following:

                              (i)  purposes for which persons or bodies to whom a custodian of Royal Commission records gives, or gives access to, those records may use some or all of those records;

                             (ii)  purposes for which persons or bodies to whom a custodian of Royal Commission records gives, or gives access to, those records must not use some or all of those records.

Regulations made for the purposes of paragraph (a) may provide for a person or body to have custody of Royal Commission records even if the person or body already has custody of those records under a direction under subsection 22(3) of the Archives Act 1983.

             (3)  The persons and bodies who may be given custody of Royal Commission records by regulations made for the purposes of paragraph (2)(a) are the following:

                     (a)  the Attorney‑General of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory;

                     (b)  the Director of Public Prosecutions;

                     (c)  a Special Prosecutor appointed under the Special Prosecutors Act 1982;

                     (d)  the Commissioner of the Australian Federal Police or of the Police Force of a State or of the Northern Territory;

                     (e)  the Australian Securities and Investments Commission;

                      (f)  the Australian Competition and Consumer Commission;

                     (g)  the Australian Crime Commission;

                     (h)  the Australian Commission for Law Enforcement Integrity;

                      (i)  the Secretary of the Department of the Prime Minister and Cabinet;

                      (j)  the National Archives of Australia;

                     (k)  a body or person responsible for the administration or enforcement of a law of the Commonwealth, a State or a Territory.

Regulations may impose conditions

             (4)  Regulations made for the purposes of subsection (2) in relation to Royal Commission records may impose conditions to be complied with by:

                     (a)  the custodian of the records; or

                     (b)  persons and bodies to whom the records are given or who are allowed access to the records.

Effect of regulations under paragraph (2)(a)

             (5)  If regulations are made for the purposes of paragraph (2)(a) in relation to particular Royal Commission records, the Archives Act 1983 has effect as if a direction to the same effect as the regulations were in force in relation to the records under subsection 22(3) of that Act at all times when the regulations are in force.

Use of Royal Commission records

             (6)  A custodian of Royal Commission records may use the records for:

                     (a)  the purposes of the performance of the custodian’s functions and the exercise of the custodian’s powers; and

                     (b)  any other purpose for which the custodian could use the records if the custodian had acquired the records in the performance of the custodian’s functions or the exercise of the custodian’s powers.

             (7)  If:

                     (a)  the custodian of a Royal Commission record gives a person or body (the recipient) the record or access to the record; and

                     (b)  the recipient is a public office holder or a public authority;

the recipient may use the record for:

                     (c)  the purposes of the performance of the recipient’s functions and the exercise of the recipient’s powers; and

                     (d)  any other purpose for which the recipient could use the record if the recipient had acquired the record in the performance of the recipient’s functions or the exercise of the recipient’s powers.

             (8)  Subsections (6) and (7) have effect subject to any regulations that:

                     (a)  specify purposes for which the custodian or the recipient must not use some or all of the records; or

                     (b)  impose conditions to be complied with by the custodian or the recipient.

Note:          See paragraphs (2)(b) and (e) and subsection (4).

             (9)  The purposes referred to in subparagraphs (2)(b)(i) and (e)(i) and subsections (6) and (7) need not be purposes for which the Royal Commission concerned produced, obtained or was given the Royal Commission records.

Custodian’s right to retain possession of records

           (10)  A custodian of a Royal Commission record may retain possession of the record for so long as the custodian considers it desirable to do so for the purposes of the performance of any of the custodian’s functions or the exercise of any of the custodian’s powers, despite any request from the record’s owner for the return of the record.

Records may be dealt with without consent, notice or opportunity to be heard

           (11)  If regulations made for the purposes of paragraph (2)(a) provide that a person or body is to have custody of Royal Commission records:

                     (a)  the custodian may, for law enforcement purposes:

                              (i)  use the records under subsection (6); and

                             (ii)  give the records to another person or body under regulations made for the purposes of paragraph (2)(c); and

                            (iii)  allow another person or body access to the records under regulations made for the purposes of paragraph (2)(d); and

                     (b)  a public office holder, or public authority, to whom the custodian gives the records, or access to the records, may, for law enforcement purposes, use the records under subsection (7);

without obtaining the consent of, giving notice to, giving an opportunity to make submissions to or taking into account submissions made by the owner of the records or any other person.

Operation of section 6DD not affected

           (12)  Nothing in this section affects the operation of section 6DD in relation to Royal Commission records that are dealt with in accordance with:

                     (a)  regulations made for the purposes of subsection (2); or

                     (b)  a direction under subsection 22(3) of the Archives Act 1983.

Legal professional privilege not affected

           (13)  A Royal Commission record, or material in or referred to in a Royal Commission record, does not cease to be the subject of legal professional privilege merely because a person or body has custody of the record, or is given the record or access to the record, under:

                     (a)  regulations made for the purposes of subsection (2); or

                     (b)  a direction under subsection 22(3) of the Archives Act 1983.

LEGAL PROCEEDINGS

10  Institution of proceedings in respect of other offences

             (1)  Proceedings in respect of any offence against this Act (other than an indictable offence) may be instituted by action, information, or other appropriate proceeding, in the Federal Court of Australia by the Attorney‑General or the Director of Public Prosecutions, or by information or other appropriate proceeding by any person in any court of summary jurisdiction.

15  Costs

                   In any proceedings for an offence against this Act (other than proceedings for the commitment for trial of a person charged with an indictable offence) the Court may award costs against any party, and all provisions of this Act relating to the recovery of penalties, except as to commitment to gaol, shall extend to the recovery of any costs adjudged to be paid.

16  Evidence of issue of Commission etc.

             (1)  In all legal proceedings the production:

                     (a)  of a document purporting to be Letters Patent in the name of the King, and purporting to be signed by the Governor‑General and to be sealed with the seal of the Commonwealth, and purporting to be directed to any person or persons and to appoint the person or persons to be a Commissioner or Commissioners to make inquiry into any matter, or to authorize or require the person or persons to make inquiry into any matter, or

                     (b)  of a document purporting to be a copy of any such Letters Patent and certified in writing by the person named therein as President or Chair of the Commission or sole Commissioner, as the case may be, to be a true copy of the Letters Patent;

shall be evidence that the Governor‑General has issued the Commission.

             (2)  In all legal proceedings:

                     (a)  a certificate signed by the Foreign Affairs Minister, stating that arrangements have been made between Australia and a country specified in the certificate in relation to the receiving of evidence in that country by the person or persons to whom a commission has, by Letters Patent, been issued under section 1A, is evidence that those arrangements have been so made; and

                     (b)  a certificate signed by the Foreign Affairs Minister, stating that arrangements have been made between Australia and a country specified in the certificate in relation to the performance of functions, and the exercise of powers, by a person or persons specified in the certificate, under an authority to inquire into particular matters granted by, or issued under, the law of another country, is evidence that those arrangements have been so made.

             (3)  A certificate signed by the Attorney‑General stating that, in his or her opinion:

                     (a)  the matters specified in a law of another country by which an authority to inquire into, and take evidence in relation to, those matters is granted to a person, being a law referred to in the certificate; or

                     (b)  the matters specified in an instrument by which an authority to inquire into, and take evidence in relation to, those matters is issued under the law of another country, being an authority referred to in the certificate;

are the same or substantially the same as the matters specified in the Letters Patent by which a commission referred to in the certificate has been issued under section 1A, or are significantly related to those last‑mentioned matters, is evidence that the Attorney‑General is of that opinion.

17  Regulations

                   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.


Notes to the Royal Commissions Act 1902

Note 1

The Royal Commissions Act 1902 as shown in this compilation comprises Act No. 12, 1902 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 21 June 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Royal Commissions Act 1902

12, 1902

8 Sept 1902

8 Sept 1902

 

Royal Commissions Act 1912

4, 1912

19 Aug 1912

19 Aug 1912

S. 10

Royal Commissions Act 1933

1, 1933

27 May 1933

27 May 1933

Statute Law Revision (Decimal Currency) Act 1966

93, 1966

29 Oct 1966

1 Dec 1966

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9(1) and 10

Administrative Changes (Consequential Provisions) Act 1978

36, 1978

12 June 1978

12 June 1978

S. 8

Jurisdiction of Courts (Miscellaneous Amendments) Act 1979

19, 1979

28 Mar 1979

Parts II–XVII (ss. 3–123): 15 May 1979 (see Gazette 1979, No. S86)
Remainder: Royal Assent

S. 124

Statute Law (Miscellaneous Amendments) Act (No. 1) 1982

26, 1982

7 May 1982

Part XXXIV (ss. 201–204): Royal Assent (a)

Royal Commissions Amendment Act 1982

139, 1982

24 Dec 1982

1 Feb 1983 (see Gazette 1983, No. S17)

S. 8(2) (ad. by No. 91, 1983)

as amended by

 

 

 

 

Statute Law (Miscellaneous Provisions) Act (No. 2) 1983

91, 1983

22 Nov 1983

(b)

Ss. 2(14) and 6(1)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1983

91, 1983

22 Nov 1983

S. 3: 20 Dec 1983 (c)

S. 6(1)

Director of Public Prosecutions (Consequential Amendments) Act 1983

114, 1983

14 Dec 1983

Part XIII (ss.
28–31):5 Mar 1984 (see s. 2(1) and Gazette 1984, No. S55) (d)

National Crime Authority (Consequential Amendments) Act 1984

42, 1984

15 June 1984

1 July 1984 (see s. 2 and Gazette 1984, No. S245)

Crimes Legislation Amendment Act 1987

120, 1987

16 Dec 1987

Part IX (ss. 51, 52): Royal Assent (e)

Prime Minister and Cabinet (Miscellaneous Provisions) Act 1994

33, 1994

15 Mar 1994

Ss. 53–56: Royal Assent (f)

Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Act 2001

49, 2001

21 June 2001

19 July 2001

S. 4 [see Table A]

Royal Commissions and Other Legislation Amendment Act 2001

166, 2001

1 Oct 2001

1 Oct 2001

Australian Crime Commission Establishment Act 2002

125, 2002

10 Dec 2002

Sch. 2 (items
120–123): 1 Jan 2003

Royal Commissions Amendment Act 2006

52, 2006

14 June 2006

Schedule 1: 15 June 2006
Remainder: Royal Assent

Sch. 1 (item 9) [see Table A]

Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006

86, 2006

30 June 2006

Schedule 1 (items 57–59): 30 Dec 2006

Royal Commissions Amendment (Records) Act 2006

167, 2006

12 Dec 2006

12 Dec 2006

Sch. 1 (item 3) [see Table A]

Statute Law Revision Act 2008

73, 2008

3 July 2008

Schedule 4 (items 452–463): 4 July 2008

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Schedule 5 (items 184–187): 19 Apr 2011


(a)     The Royal Commissions Act 1902 was amended by Part XXXIV (sections 201–204) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsection 2(1) of which provides as follows:

                 (1)   Sections 1 and 2 and Parts VIII and XXXIV shall come into operation on the day on which this Act receives the Royal Assent.

(b)     The Royal Commissions Amendment Act 1982 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2(12) of which provides as follows:

               (12)   The amendment of section 8 of the Royal Commissions Amendment Act 1982 made by this Act shall be deemed to have come into operation on 1 February 1983.

(c)     The Royal Commissions Act 1902 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(d)     The Royal Commissions Act 1902 was amended by Part XIII (sections 28–31) only of the Director of Public Prosecutions (Consequential Amendments) Act 1983, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day on which the Director of Public Prosecutions Act 1983 comes into operation.

(e)     The Royal Commissions Act 1902 was amended by Part IX (sections 51 and 52) only of the Crimes Legislation Amendment Act 1987, subsection 2(2) of which provides as follows:

                 (2)   Parts II, VI, VII, VIII (other than section 47) and IX and Schedule 4 shall come into operation on the day on which this Act receives the Royal Assent.

(f)      The Royal Commissions Act 1902 was amended by sections 53–56 only of the Prime Minister and Cabinet (Miscellaneous Provisions) Act 1994, subsection 2(1) of which provides as follows:

                 (1)   Except for subsection 15(1), 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. 1A...................................

ad. No. 4, 1912

 

am. No. 73, 2008

S. 1B...................................

ad. No. 4, 1912

 

am. No. 139, 1982; No. 33, 1994; No. 125, 2002; No. 52, 2006; No. 5, 2011

S. 1C...................................

ad. No. 49, 2001

S. 2......................................

am. No. 4, 1912; No. 216, 1973

 

rs. No. 139, 1982

 

am. No. 166, 2001; No. 52, 2006; No. 73, 2008

S. 3......................................

rs. No. 139, 1982

 

am. Nos. 49 and 166, 2001

Note to s. 3(3)....................

ad. No. 49, 2001

S. 4......................................

rs. No. 139, 1982

 

am. Nos. 49 and 166, 2001

S. 5......................................

am. No. 4, 1912; No. 93, 1966

 

rs. No. 139, 1982

 

am. Nos. 49 and 166, 2001

S. 6......................................

am. No. 4, 1912; No. 93, 1966; No. 139, 1982; No. 49, 2001

Ss. 6AA, 6AB......................

ad. No. 52, 2006

S. 6A...................................

ad. No. 4, 1912

 

rs. No. 139, 1982

 

am. No. 49, 2001

 

rs. No. 166, 2001

 

am. No. 52, 2006

S. 6B...................................

ad. No. 4, 1912

 

am. No. 139, 1982; No. 49, 2001; No. 73, 2008

S. 6C...................................

ad. No. 4, 1912

 

am. Nos. 49 and 166, 2001

S. 6D...................................

ad. No. 4, 1912

 

am. No. 1, 1933; No. 93, 1966; No. 139, 1982; Nos. 49 and 166, 2001

Heading to s. 6DD.............

am. No. 49, 2001

 

rs. No. 166, 2001

S. 6DD................................

ad. No. 4, 1912

 

rs. No. 26, 1982; No. 166, 2001

 

am. No. 52, 2006

S. 6E...................................

ad. No. 4, 1912

 

am. No. 93, 1966

 

rep. No. 139, 1982

S. 6F...................................

ad. No. 4, 1912

 

am. No. 1, 1933

 

rs. No. 139, 1982

 

am. Nos. 91 and 114, 1983; No. 42, 1984; No. 33, 1994; No. 166, 2001; Nos. 52, 86 and 167, 2006; No. 73, 2008

S. 6FA.................................

ad. No. 1, 1933

 

am. No. 139, 1982

S. 6G...................................

ad. No. 4, 1912

 

am. No. 49, 2001; No. 73, 2008

S. 6H...................................

ad. No. 4, 1912

 

rs. No. 139, 1982

 

am. No. 49, 2001

S. 6I.....................................

ad. No. 4, 1912

 

am. Nos. 49 and 166, 2001; No. 73, 2008

S. 6J....................................

ad. No. 4, 1912

 

am. Nos. 49 and 166, 2001

S. 6K...................................

ad. No. 4, 1912

 

rs. No. 139, 1982

 

am. Nos. 49 and 166, 2001

S. 6L....................................

ad. No. 4, 1912

 

am. Nos. 49 and 166, 2001

S. 6M...................................

ad. No. 4, 1912

 

am. No. 93, 1966; No. 49, 2001

 

rs. No. 166, 2001

S. 6N ..................................

ad. No. 4, 1912

 

am. No. 93, 1966; Nos. 49 and 166, 2001

S. 6O...................................

ad. No. 4, 1912

 

am. No. 93, 1966; No. 19, 1979; No. 49, 2001; No. 73, 2008

S. 6P...................................

ad. No. 139, 1982

 

am. Nos. 91 and 114, 1983; No. 42, 1984; No. 33, 1994; No. 166, 2001; No. 125, 2002; No. 86, 2006

S. 7......................................

am. No. 4, 1912; No. 139, 1982; No. 49, 2001

S. 7AA.................................

ad. No. 139, 1982

 

am. No. 49, 2001

Ss. 7A, 7B...........................

ad. No. 26, 1982

Heading to s. 7C...............

am. No. 49, 2001

S. 7C...................................

ad. No. 26, 1982

S. 7D...................................

ad. No. 120, 1987

S. 8......................................

am. No. 36, 1978; No. 49, 2001; No. 73, 2008; No. 5, 2011

S. 9......................................

ad. No. 4, 1912

 

rep. No. 13, 1982

 

ad. No. 167, 2006

Heading preceding s. 10..

ad. No. 4, 1912

S. 10....................................

ad. No. 4, 1912

 

am. No. 19, 1979; No. 114, 1983

S. 11....................................

ad. No. 4, 1912

 

rep. No. 19, 1979

Ss. 12–14............................

ad. No. 4, 1912

 

rep. No. 139, 1982

S. 15....................................

ad. No. 4, 1912

S. 16....................................

ad. No. 4, 1912

 

am. No. 26, 1982; No. 49, 2001; No. 73, 2008; No. 5, 2011

S. 17....................................

ad. No. 139, 1982


Table A

Application, saving or transitional provisions

Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Act 2001 (No. 49, 2001)

4  Application of amendments

             (1)  Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

 

Royal Commissions Amendment Act 2006 (No. 52, 2006)

Schedule 1

9  Application of amendments

The amendments made by this Schedule apply, after the commencement of this Schedule, in relation to the proceedings of any Commission after that commencement, whether the Commission was established before or after that commencement.

 

Royal Commissions Amendment (Records) Act 2006 (No. 167, 2006)

Schedule 1

3  Application of amendments

The amendments made by this Schedule apply to the Royal Commission records of a Royal Commission even if the Royal Commission was established and reported before the commencement of this Act.