A Bill for an Act to establish the National Commissioner for Defence and Veteran Suicide Prevention, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the National Commissioner for Defence and Veteran Suicide Prevention Act 2020.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Objects of this Act
(1) The main object of this Act is to provide for a Commissioner to examine defence and veteran deaths by suicide, in order to support the prevention of future such deaths.
(2) To achieve this object, the other objects of this Act are to:
(a) establish the National Commissioner for Defence and Veteran Suicide Prevention; and
(b) empower the Commissioner:
(i) to inquire into the circumstances of defence and veteran deaths by suicide; and
(ii) to make findings and recommendations on systemic issues contributing to defence and veteran deaths by suicide and on trends and suicide risk factors for defence members and veterans; and
(iii) to hear about the impact of defence and veteran deaths by suicide on families and others affected; and
(iv) to promote understanding of suicide risks for defence members and veterans and factors that can improve the wellbeing of defence members and veterans.
4 Simplified outline of this Act
With the object of supporting the prevention of future defence and veteran deaths by suicide, this Act establishes the National Commissioner for Defence and Veteran Suicide Prevention. Broadly, the Commissioner is to inquire into the circumstances of defence and veteran deaths by suicide and to make findings and recommendations relating to defence member and veteran wellbeing and suicide prevention strategies, and any reforms that might be needed.
The Commissioner has a range of powers to gather information.
The Commissioner must report to Parliament each year and may prepare additional reports as the Commissioner considers appropriate.
5 Definitions
In this Act:
accountable authority, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Australian Defence Force or ADF has the same meaning as in the Defence Act 1903.
Australian intelligence entity means:
(a) the Australian Secret Intelligence Service; or
(b) the Australian Security Intelligence Organisation; or
(c) the Australian Geospatial‑Intelligence Organisation; or
(d) the Defence Intelligence Organisation; or
(e) the Australian Signals Directorate; or
(f) the Office of National Intelligence.
authorised member: see subsection 36(2).
Commissioner means the National Commissioner for Defence and Veteran Suicide Prevention appointed under section 16.
Commonwealth body means a Commonwealth entity, or a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
defence and veteran death by suicide means the death of a defence member or veteran by suicide, or suspected suicide.
Defence Department means the Department administered by the Defence Minister.
defence member means a member of the Defence Force (within the meaning of the Defence Act 1903).
Defence Minister means the Minister administering the Defence Force Discipline Act 1982.
document includes any book, register or other record of information, however compiled, recorded or stored.
eligible Judge: see subsection 63(1).
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
entrusted person means:
(a) the Commissioner; or
(b) a member of the staff assisting the Commissioner as mentioned in section 14.
head, of an Australian intelligence entity, means:
(a) in relation to the Australian Security Intelligence Organisation—the Director‑General of Security; or
(b) in relation to the Australian Secret Intelligence Service—the Director‑General of the Australian Secret Intelligence Service; or
(c) in relation to the Australian Signals Directorate—the Director‑General of the Australian Signals Directorate; or
(d) in relation to the part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation—the Director of that part of the Department; or
(e) in relation to the part of the Defence Department known as the Defence Intelligence Organisation—the Director of that part of the Department; or
(f) in relation to the Office of National Intelligence—the Director‑General of National Intelligence.
Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.
IGIS official (short for Inspector‑General of Intelligence and Security official) means:
(a) the Inspector‑General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
inquiry function means the function set out in paragraph 11(1)(a).
intelligence information means information:
(a) that was acquired or prepared by or on behalf of an Australian intelligence entity in connection with its functions; or
(b) that relates to the performance by an Australian intelligence entity of its functions; or
(c) that identifies a person as being, or having been, a staff member (within the meaning of the Intelligence Services Act 2001) or agent of the Australian Secret Intelligence Service or the Australian Security Intelligence Organisation.
Example: For paragraph (a)—information provided to an Australian intelligence entity by a foreign government or an agency of a foreign government.
Judge: see subsection 63(1).
law enforcement or security agency means any of the following agencies:
(a) the Australian Defence Force;
(b) the Australian Federal Police;
(c) the Australian Crime Commission;
(d) the Home Affairs Department;
(e) the police force of a State or Territory;
(f) any other agency prescribed by the rules for the purposes of this definition.
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.
official, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
operationally sensitive information means:
(a) information about information sources or operational activities or methods available to a law enforcement or security agency; or
(b) information about particular operations that have been, are being or are proposed to be undertaken by a law enforcement or security agency, or about proceedings relating to those operations; or
(c) information provided by a foreign government, or by an agency of a foreign government, where that government does not consent to the public disclosure of the information.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
personal information has the same meaning as in the Privacy Act 1988.
protected information means information (including personal information) made or obtained by an entrusted person for the purposes of this Act.
reasonable excuse means:
(a) in relation to any act or omission by a witness before the Commissioner—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 the Commissioner—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 given a notice under section 32 or subsection 48(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.
secrecy provision means:
(a) a provision of a law of the Commonwealth that purports to prohibit; or
(b) anything done, under a provision of a law of the Commonwealth, to prohibit;
the communication, divulging or publication of information, the production of, or the publication of the contents of, a document, or the production of a thing.
State body means a department or authority of a State.
Territory body means a department or authority of a Territory.
use, in relation to information, includes make a record of.
veteran means a person who has served, or is serving, as a member of the Permanent Forces (within the meaning of the Defence Act 1903) or as a member of the Reserves (within the meaning of the Defence Act 1903).
6 Act binds the Crown
(1) This Act binds the Crown in each of its capacities.
(2) However, this Act does not make the Crown liable to be prosecuted for an offence.
7 Extension to external Territories
This Act extends to the external Territories.
8 Extraterritorial operation
This Act extends to acts, omissions, matters and things outside Australia and the external Territories.
Part 2—National Commissioner for Defence and Veteran Suicide Prevention
Division 1—Introduction
9 Simplified outline of this Part
The National Commissioner for Defence and Veteran Suicide Prevention is established.
The main functions of the Commissioner include:
(a) inquiring into the circumstances of defence and veteran deaths by suicide; and
(b) to make findings and recommendations following such inquiries; and
(c) to promote understanding of suicide risks for defence members and veterans and improving the wellbeing of defence members and veterans.
The Commissioner should take into account general principles in performing the Commissioner’s functions.
The Commissioner is assisted by APS employees in the Department who are made available by the Secretary.
Division 2—Establishment, functions and powers
10 National Commissioner for Defence and Veteran Suicide Prevention
There is to be a National Commissioner for Defence and Veteran Suicide Prevention.
11 Functions
(1) The Commissioner has the following functions:
(a) to inquire into the circumstances of defence and veteran deaths by suicide (see section 26) (the inquiry function);
(b) to make findings and recommendations following such inquiries, including:
(i) recommendations in relation to the wellbeing of defence members and veterans and defence and veteran suicide prevention strategies; and
(ii) recommendations in relation to any policy, legislative, administrative or structural reforms;
(c) to review action taken in response to any findings or recommendations made by the Commissioner;
(d) to work collaboratively with State or Territory Coroners to understand issues contributing to defence and veteran deaths by suicide;
(e) to maintain a record of defence and veteran deaths by suicide notified to the Commissioner;
(f) to promote understanding of suicide risks for defence members and veterans and factors that can improve the wellbeing of defence members and veterans;
(g) to consider any matter related to the above functions referred to the National Commissioner by the Prime Minister or the Minister;
(h) to do anything incidental or conducive to the performance of any of the above functions.
(2) To avoid doubt, the following are not functions of the Commissioner:
(a) to make findings of civil or criminal wrongdoing;
(b) to make findings on the cause of death in relation to a defence and veteran death by suicide.
(3) In performing the Commissioner’s functions, the Commissioner must have regard to the need to avoid prejudicing current or future criminal or civil proceedings or other contemporaneous inquiries.
Note: An example of a contemporaneous inquiry is a contemporaneous inquiry conducted by the Inspector‑General ADF under section 110C of the Defence Act 1903.
(4) The Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of the Commissioner’s functions.
12 General principles for the performance of the Commissioner’s functions
(1) This section sets out the principles that should be taken into account in the performance or exercise of the Commissioner’s functions or powers.
(2) The Commissioner should take a trauma‑informed and restorative approach.
(3) The Commissioner should:
(a) recognise that families and others affected by defence and veteran deaths by suicide have a unique contribution to make to the Commissioner’s functions; and
(b) recognise that those families and other affected persons may wish to be consulted.
13 Application of finance law
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the Commissioner is an official of the Department.
14 Arrangements relating to staff of the Department
The staff assisting the Commissioner are to be:
(a) APS employees in the Department; or
(b) persons engaged by, or on behalf of, the Commonwealth as contractors to perform functions or duties;
whose services are made available to the Commissioner, by the Secretary, in connection with the performance of any of the Commissioner’s functions.
15 Delegation by Commissioner
(1) The Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers under section 32 (Commissioner may require information etc.) or 53 (non‑publication direction) to a person who is:
(a) an SES employee in the Department; and
(b) a member of the staff assisting the Commissioner as mentioned in section 14.
Note 1: The expression SES employee is defined in section 2B of the Acts Interpretation Act 1901.
Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Commissioner.
Division 3—Terms and conditions etc.
16 Appointment
(1) The Commissioner is to be appointed by the Governor‑General by written instrument.
Note: The Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) A person must not be appointed as the Commissioner unless the person is, in the Governor‑General’s opinion, suitable for appointment because of the person’s qualifications, training or experience.
17 General terms and conditions of appointment
(1) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(2) The Commissioner holds office on a full‑time basis.
(3) The Commissioner holds office on the terms and conditions (if any), in relation to matters not covered by this Act, that are determined by the Governor‑General.
18 Remuneration
(1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the rules.
(2) The Commissioner is to be paid the allowances that are prescribed by the rules.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
19 Leave of absence
(1) The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
20 Other paid work
The Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the Minister’s approval.
21 Resignation
(1) The Commissioner may resign the Commissioner’s appointment by giving the Governor‑General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
22 Termination of appointment
(1) The Governor‑General may terminate the appointment of the Commissioner:
(a) for misbehaviour; or
(b) if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity.
(2) The Governor‑General must terminate the appointment of the Commissioner if:
(a) the Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the Commissioner’s creditors; or
(iv) makes an assignment of the Commissioner’s remuneration for the benefit of the Commissioner’s creditors; or
(b) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the Commissioner’s office (see section 20);
(d) the Commissioner fails, without reasonable excuse, to comply with section 23.
23 Disclosure of interests
(1) A disclosure by the Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.
(2) Subsection (1) applies in addition to any rules made for the purposes of that section.
(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with subsection (1) of this section.
24 Acting appointments
The Minister may, by written instrument, appoint a person to act as the Commissioner:
(a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Commissioner:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
Part 3—Information gathering
25 Simplified outline of this Part
The Commissioner has a range of powers to obtain information, including conducting inquiries, holding hearings (including private hearings in certain circumstances), requiring the giving of information or the production of documents and applying for search warrants.
Commonwealth, State and Territory bodies may disclose information to the Commissioner for the purpose of assisting in the performance or exercise of the Commissioner’s functions or powers.
26 Inquiries
(1) For the purposes of paragraph 11(1)(a), the circumstances that the Commissioner may inquire into include, but are not limited to, the following matters in relation to a defence member or veteran who has, or is suspected to have, died by suicide:
(a) the person’s service in the ADF (including training, and, for a person who has ceased serving in the ADF, the person’s transition from the ADF);
(b) issues (including relevant personal circumstances) connected to:
(i) the manner or time in which the person was recruited to the ADF; and
(ii) for a person who has ceased serving in the ADF—the manner or time in which the person transitioned from the ADF;
(c) the availability of health, wellbeing and counselling support services to the person in the person’s capacity as a defence member or veteran and the effectiveness of any such services;
(d) the quality and effectiveness of responses to any complaints made by the person or the person’s family, friends or associates in relation to:
(i) the health and wellbeing of the person; or
(ii) the person’s access to support services mentioned in paragraph (c);
(e) the extent to which the circumstances of the death reflect broader or systemic issues contributing to defence and veteran death by suicide rates, having regard to the circumstances of other defence and veteran deaths by suicide;
(f) any other matter the Commissioner considers relevant and reasonably incidental to defence and veteran deaths by suicide.
(2) To avoid doubt, the Commissioner may perform the Commissioner’s inquiry function on the Commissioner’s own initiative.
(3) For the purposes of performing the Commissioner’s inquiry function, the Commissioner may inquire into a defence and veteran death by suicide that occurred before the commencement of this subsection.
27 Hearings
(1) The Commissioner may hold a hearing for the purposes of performing the Commissioner’s functions.
(2) A hearing is to be held in public and the procedure for a hearing may be such as the Commissioner thinks fit.
Note: For circumstances where hearings may not be held in public see subsections 28(1) and (2), and 42(6).
(3) The Commissioner is not bound by the rules of evidence.
(4) The Commissioner must ensure that a record of a hearing is made.
28 Private hearings
Disclosure of information that is personal
(1) Despite subsection 27(2), a hearing, or part of a hearing, may be held in private if the Commissioner is satisfied that:
(a) information relating to a deceased person or the family, friends or associates of a deceased person may be disclosed at the hearing; and
(b) the information is personal and private.
Disclosure of operationally sensitive information
(2) Despite subsection 27(2), a hearing, or part of a hearing, may be held in private if the Commissioner is satisfied that a person appearing at the hearing may give evidence that discloses operationally sensitive information.
Note: See also section 33, which requires a person to give notice of likely disclosure of operationally sensitive information to the Commissioner.
Commissioner must have regard to certain matters when considering whether to hold private hearings
(3) When considering whether to hold a hearing, or part of a hearing, in private because of subsections (1) and (2), the Commissioner must have regard to:
(a) the potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004), or to the operations of a law enforcement or security agency; and
(b) whether holding the hearing in private would have a substantial adverse effect on the exercise or performance of the Commissioner’s functions or powers; and
(c) if the Commissioner invites submissions under subsection 33(3)—any submissions received in response; and
(d) the safety and security of any person; and
(e) whether legal professional privilege, or any other immunity, privilege or restriction may apply to the disclosure of the information; and
(f) any other matters the Commissioner considers relevant.
29 Consultation in relation to certain private hearing evidence
(1) If a witness gives evidence at a private hearing because of subsection 28(2) (disclosure of operationally sensitive information), the Commissioner must:
(a) consult any law enforcement or security agency to which the evidence relates and consider any information received from the agency following the consultation; and
(b) consider any potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004); and
(c) consider the safety and security of any person.
(2) If a witness gives evidence at a private hearing because of subsection 28(1) or (2) (disclosure of personal or operationally sensitive information), the Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:
(a) consider consulting the witness, and any other person whose interests are affected by the evidence; and
(b) consider any potential risk of prejudice to a person if the person is not consulted before using or disclosing information given at, or in relation to, a private hearing; and
(c) consider any preference the witness communicates (whether before, during or after a private hearing) to the Commissioner in relation to consultation.
30 Summons
(1) The Commissioner may, by notice in writing, summon a person to attend a hearing at a time and place specified in the notice:
(a) to give evidence; or
(b) to produce documents or things specified in the notice.
Note: Failure to comply with a notice is an offence: see section 45.
(2) The notice must:
(a) be in writing and be signed by the Commissioner; and
(b) be served on the person required to attend the hearing.
(3) A time specified in a notice must be at least 14 days after the day on which the notice is given.
(4) However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.
(5) For the purposes of sections 45 (failure to produce), 48 and 49 (legal professional privilege), the power of the Commissioner under this section to require a person to give evidence, or produce a document or thing, includes the power to require the person to give evidence, or produce a document or thing, that is subject to legal professional privilege.
Note: Under section 48, legal professional privilege might still be a reasonable excuse for failing to produce the document.
(6) If the Commissioner gives a notice under subsection (1) to an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:
(a) if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or
(b) in any other case—the accountable authority of the Commonwealth entity.
31 Evidence on oath or by affirmation
(1) At a hearing, the Commissioner may:
(a) require a witness to either take an oath or make an affirmation; and
(b) administer an oath or affirmation to the witness.
Note 1: Refusal to take an oath or make an affirmation is an offence: see section 46.
Note 2: This means that a hearing is a judicial proceeding for the purposes of Part III of the Crimes Act 1914, which creates various offences in relation to judicial proceedings.
(2) The oath or affirmation is an oath or affirmation that the evidence the person will give will be true.
(3) The Commissioner may allow a person attending a hearing who has been sworn, or who has made an affirmation, to give evidence by tendering a written statement and verifying it by oath or affirmation.
32 Commissioner may require information etc.
(1) For the purposes of performing the Commissioner’s functions, the Commissioner may, by written notice, require a person:
(a) to give the Commissioner the information, or a statement, in writing referred to in the notice; or
(b) to produce to the Commissioner the documents or things referred to in the notice.
Note: Failure to give the information or statement, or produce the documents or things, is an offence: see section 45.
(2) The notice must:
(a) be in writing; and
(b) specify the period within which the person must comply with the notice.
(3) A time specified in a notice must be at least 14 days after the day on which the notice is given.
(4) However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.
(5) For the purposes of sections 45 (failure to produce), 48 and 49 (legal professional privilege), the power of the Commissioner under this section to require a person to give information or a statement, or produce a document or thing includes the power to require the person to give information or a statement, or produce a document or thing, that is subject to legal professional privilege.
Note: Under section 48, legal professional privilege might still be a reasonable excuse for failing to produce the document.
(6) If the Commissioner gives a notice under subsection (1) to an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:
(a) if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or
(b) in any other case—the accountable authority of the Commonwealth entity.
33 Notice of likely disclosure of operationally sensitive information
Notice requirement
(1) If:
(a) a person either:
(i) intends to give evidence, or give or produce to the Commissioner information or a statement, document or thing (including as authorised under section 40 or section 41); or
(ii) is required under section 30 or 32 to give evidence at a hearing, or to give or produce to the Commissioner information or a statement, document or thing; and
(b) the person considers that giving the evidence, or giving or producing the information or statement, document or thing, may involve the person disclosing operationally sensitive information;
the person must give written notice to the Commissioner before giving or producing the evidence, information or statement, document or thing.
Note: Failure to give written notice is an offence if the person holds or has held an Australian Government security clearance: see subsection 47(1).
(2) The notice must describe the evidence, information or statement, document or thing that the person considers to be operationally sensitive information.
Call for submissions
(3) If the Commissioner is given a notice under subsection (1), the Commissioner may invite submissions from persons or bodies (including law enforcement or security agencies) whose interests may be affected by disclosure of the information.
(4) If the Commissioner invites submissions, the Commissioner must ensure that the information is not disclosed inappropriately in the course of inviting submissions.
34 Notice of likely disclosure of intelligence information
If:
(a) a person either:
(i) intends to give evidence, or give or produce to the Commissioner information or a statement, document or thing (including as authorised under section 40 or section 41); or
(ii) is required under section 30 or 32 to give evidence at a hearing, or to give or produce to the Commissioner information or a statement, document or thing; and
(b) the person considers that giving the evidence, or giving or producing the information or statement, document or thing, may involve the person disclosing intelligence information;
the person must give written notice to the Commissioner before giving or producing the evidence, information, statement, document or thing.
Note: Failure to give written notice is an offence if the person holds or has held an Australian Government security clearance: see subsection 47(2).
35 Powers of Commissioner in relation to documents or other thing
The Commissioner may:
(a) inspect any document or other thing:
(i) produced or given to the Commissioner; or
(ii) produced or given under a notice under section 30 or 32; and
(b) retain the documents or other thing for so long as is reasonably necessary for the purposes of performing the Commissioner’s functions; and
(c) in the case of documents:
(i) produced or given to the Commissioner; or
(ii) produced or given under a notice under section 30 or 32;
make copies of any documents that contain matter that is relevant to the Commissioner’s functions or powers.
36 Search warrants
(1) The Commissioner or an authorised member may apply for a search warrant under subsection (4) in relation to a matter that is relevant to the Commissioner’s functions.
(2) The Commissioner may, in writing, authorise a person, or each person in a class of persons, to be an authorised member for the purposes of this section, if the person, or each person in the class of persons, is a member of the Australian Federal Police, or of the police force of a State or Territory.
(3) If:
(a) the Commissioner, or an authorised member, has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a matter into which the Commissioner is inquiring (things of the relevant kind); and
(b) the Commissioner, or the authorised member, 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 Commissioner, or the authorised member, may apply to an eligible Judge for the issue of a search warrant under subsection (4).
(4) If an application is made under subsection (1) to an eligible Judge, the eligible Judge may, if satisfied that there are reasonable grounds for issuing the warrant, issue a search warrant authorising a member of the Australian Federal Police or of the police force of a State or Territory, or any other person named in the warrant (the authorised person), with such assistance as the authorised person thinks necessary, and if necessary by reasonable force;
(a) to enter onto the land or on or into the premises, vessel, aircraft or vehicle; and
(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 on the land or in the premises, vessel, aircraft or vehicle and deliver things so seized to the Commissioner.
(5) A warrant issued under this section must include the following information:
(a) a statement of the purpose for which the warrant is issued, which must include a reference to the matter into which the Commissioner is inquiring and with which the things of the relevant kind are connected;
(b) whether entry is authorised 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 authorised to be seized;
(d) a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.
(6) 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 the Commissioner is inquiring, the person executing the warrant finds:
(a) any thing of another kind that the person believes on reasonable grounds to be connected with that matter; or
(b) any thing that the person believes on reasonable grounds to be connected with another matter into which the Commissioner is inquiring;
and the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss, mutilation or destruction, the warrant is taken to authorise the person to seize that thing.
37 Application by telephone for search warrants
(1) An application for a search warrant under subsection 36(1) may be made by telephone if the applicant for the warrant considers it necessary to do so because of circumstances of urgency.
(2) If an eligible Judge issues a search warrant on an application made by telephone, the eligible Judge must:
(a) complete and sign that warrant; and
(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) If a search warrant is issued on an application made by telephone, the Commissioner or a member of the Australian Federal Police or of the police force of a State or Territory may complete a form of warrant in the terms indicated by an eligible Judge under subsection (2).
(4) A form of warrant completed in accordance with subsection (3) is taken to be a warrant issued under section 36.
38 Witnesses subject to questioning
(1) Any of the following may, so far as the Commissioner thinks proper, examine or cross‑examine a witness on a matter relevant to a hearing:
(a) a legal practitioner assisting the Commissioner;
(b) any legal practitioner authorised by the Commissioner to appear before it for the purpose of representing any person;
(c) any person authorised by the Commissioner to appear before the Commissioner.
(2) Subject to this Act, a witness who is examined or cross‑examined has the same protection and is subject to the same liabilities as if examined by the Commissioner.
Note: For other witness protections, see section 64.
39 Witnesses to be paid expenses
(1) A witness appearing before the Commissioner at a hearing may, on behalf of the Commonwealth, be paid a reasonable amount for the expenses of the witness’s attendance in accordance with the scale prescribed in the rules.
(2) In the absence of a prescribed scale, the Commissioner may authorise the payment of an amount the Commissioner considers reasonable.
40 Disclosure of information to the Commissioner—Commonwealth
Authorisation to disclose
(1) A Commonwealth body, or an individual who holds any office or appointment under a law of the Commonwealth, may, on their own initiative or at the request of the Commissioner, disclose information (including personal information) for the purpose of assisting in the performance or exercise of the Commissioner’s functions or powers.
(2) A disclosure of information is taken not to have been made by a Commonwealth body for the purposes of subsection (1) if the individual making the disclosure is acting beyond the individual’s authority in relation to the body.
Authorisation for Commissioner to use
(3) The Commissioner is authorised to use information disclosed under this section for the purposes of performing or exercising any of the Commissioner’s functions or powers.
Authorisation not affected by State or Territory law or the general law
(4) The authorisation in subsection (1) has effect despite anything in a law of a State or Territory, or the general law, that restricts or prohibits disclosure of information.
Note: Penalties also do not apply under secrecy provisions: see section 58.
41 Disclosure of information to the Commissioner—States and Territories
Authorisation to disclose
(1) Any of the following may, on their own initiative or at the request of the Commissioner, disclose information (including personal information) for the purpose of assisting in the performance or exercise of the Commissioner’s functions or powers:
(a) a State body or Territory body;
(b) an individual who holds any office or appointment under a law of a State or Territory;
(c) a Coroner or a Coroner’s court.
(2) A disclosure of information is taken not to have been made by a State body or Territory body for the purposes of subsection (1) if the individual making the disclosure is acting beyond the individual’s authority in relation to the body.
Authorisation for Commissioner to use
(3) The Commissioner is authorised to use information disclosed under this section for the purposes of performing or exercising any of the Commissioner’s functions or powers.
Authorisation not affected by State or Territory law or the general law
(4) The authorisation in subsection (1) has effect despite anything in a law of a State or Territory, or the general law, that restricts or prohibits disclosure of information.
Note: Penalties also do not apply under secrecy provisions: see section 58.
42 Arrangements for obtaining and protecting intelligence information
Arrangements
(1) The Commissioner must take all reasonable steps to ensure that entrusted persons obtain, store, access, use and disclose intelligence information relating to an Australian intelligence entity only in accordance with an arrangement, between the Commissioner and the head of the entity, that deals with:
(a) the manner in which entrusted persons obtain intelligence information relating to the entity; and
(b) the protection of intelligence information relating to the entity while in the possession of entrusted persons; and
(c) the disclosure by entrusted persons of intelligence information relating to the entity.
(2) The Commissioner must take all reasonable steps to ensure that an arrangement is in force for the purposes of subsection (1) with the head of an Australian intelligence entity before obtaining intelligence information relating to the entity.
(3) Subsections (1) and (2) apply despite any other provision of this Act.
(4) Without limiting subsection (1), an arrangement may:
(a) limit the circumstances in which intelligence information may be disclosed in a report under section 60 or 62; and
(b) set out matters to which the Commissioner must have regard in disclosing intelligence information under section 57.
(5) However, except as mentioned in paragraph (4)(a), an arrangement cannot prevent the exercise of the Commissioner’s powers or the performance of the Commissioner’s functions under any provision of this Act (including section 57).
Conduct of hearings
(6) Despite subsection 27(2), if the Commissioner is satisfied that a person appearing at a hearing may disclose intelligence information:
(a) the Commissioner may, subject to paragraph (b) of this subsection, conduct the hearing in public or private; and
(b) the conduct of the hearing must be consistent with an arrangement entered into for the purposes of subsection (1) of this section with the Australian intelligence entity to which the information relates.
Arrangement not a legislative instrument
(7) If an arrangement is entered into for the purposes of subsection (1) in writing, the arrangement is not a legislative instrument.
43 Application of this Act in relation to current and former IGIS officials
Despite anything else in this Act:
(a) an entrusted person may obtain information from another person that the other person acquired as an IGIS official; and
(b) a person may disclose information, that the person acquired as an IGIS official, to an entrusted person;
only in accordance with sections 34 and 34A of the Inspector‑General of Intelligence and Security Act 1986.
Part 4—Offences
Division 1—Introduction
44 Simplified outline of this Part
This Part contains offences and other related provisions.
Broadly, the offences relate to:
(a) failing to attend a hearing, give information or a statement, or produce documents or things; and
(b) refusing to swear an oath, make an affirmation or answer a question; and
(c) witness protections; and
(d) contempt of the Commissioner; and
(e) unauthorised publication, use or disclosure of information.
Division 2—Failure to attend hearing, give information or produce documents etc.
45 Failure to attend hearing, give information or produce documents etc.
Failure to attend hearing
(1) A person commits an offence if:
(a) the person is served with a notice under section 30 to attend a hearing; and
(b) the person fails to comply with the notice.
Penalty: Imprisonment for 2 years.
Failure to give information, or produce a document or thing
(2) A person commits an offence if:
(a) the person is given a notice under section 30 or 32 to give information or a statement, or produce a document or thing, specified in the notice; and
(b) the person fails to comply with the notice.
Penalty: Imprisonment for 2 years.
Reasonable excuse
(3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).
Defence of relevance
(4) Subsection (2) does not apply if the information, statement, document or thing is not relevant to the matters into which the Commissioner was inquiring.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).
Subsections (1) and (2) not affected by State or Territory law or the general law
(5) Subsections (1) and (2) have effect despite anything in a law of a State or Territory, or the general law.
Note: Penalties also do not apply under secrecy provisions: see section 58.
46 Refusal to swear an oath, make an affirmation or answer a question
A person commits an offence if:
(a) the person is served with a notice under section 30 to attend a hearing; and
(b) either:
(i) the person refuses to be sworn or to make an affirmation at the hearing; or
(ii) the person refuses to answer a question at the hearing that the Commissioner requires the person to answer.
Penalty: Imprisonment for 2 years.
47 Failure to give written notice to the Commissioner
Operationally sensitive information
(1) A person commits an offence if:
(a) the person is required to give a written notice to the Commissioner under section 33; and
(b) the person holds or has held an Australian Government security clearance (within the meaning of the Criminal Code) that allows, or had allowed, access to operationally sensitive information; and
(c) the person fails to give the notice in accordance with section 33.
Penalty: Imprisonment for 3 years.
Intelligence information
(2) A person commits an offence if:
(a) the person is required to give a written notice to the Commissioner under section 34; and
(b) the person holds or has held an Australian Government security clearance (within the meaning of the Criminal Code) that allows, or had allowed, access to intelligence information; and
(c) the person fails to give the notice in accordance with section 34.
Penalty: Imprisonment for 3 years.
48 Legal professional privilege
(1) It is not a reasonable excuse for the purposes of subsection 45(3) for a person to fail to give information or a statement, or produce a document or thing, that the information, statement, document or thing is subject to legal professional privilege, unless:
(a) a court has found the information, statement, document or thing (or the relevant part of it) to be subject to legal professional privilege; or
(b) a claim that the information, statement, document or thing (or the relevant part of it) is subject to legal professional privilege has been made to the Commissioner:
(i) within the time that the Commissioner, in requiring the information or statement to be given, or the document or thing to be produced, allowed for the giving of the information or statement, or the production of the document or thing;
(ii) within such further time as the Commissioner allows for the giving of the information or statement, or the production of the document or thing.
(2) If such a claim is made, the Commissioner may decide whether to accept or reject the claim.
(3) The Commissioner may, by written notice served on a person, require the person to produce the information, statement, document or thing for inspection for the purpose of deciding whether to accept or reject the claim.
(4) If the information, statement, document or thing has been produced for inspection and the Commissioner decides to accept the claim, the Commissioner must:
(a) return the information, statement, document or thing to the person; and
(b) disregard, for the purposes of any report, recommendation or finding that the Commissioner makes:
(i) if the claim is accepted in relation to the whole of the information, statement, document or thing—the whole of the information, statement, document or thing; or
(ii) if the claim is accepted in relation to a part of the information, statement, document or thing—that part of the information, statement, document or thing.
(5) If the information, statement, document or thing has been produced for inspection and the Commissioner decides to reject the claim, the Commissioner may use the information, statement, document or thing for the purposes of performing the Commissioner’s functions.
49 Offences relating to claims for legal professional privilege
Offences
(1) A person commits an offence if:
(a) the person has failed to give information or a statement, or produce a document or thing as required by the Commissioner under section 30 or 32; and
(b) the Commissioner has decided under subsection 48(2) to reject a claim that the information or statement, document or thing (or the relevant part of the information, statement, document or thing) is subject to legal professional privilege; and
(c) the person fails to give the information or statement, or produce the document or thing as the Commissioner requires, after that decision, under section 30 or 32.
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person is required under subsection 48(3) to give information or a statement, or produce a document or thing for inspection; and
(b) the person fails to comply with the notice.
Penalty: Imprisonment for 2 years.
Reasonable excuse
(3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.
Legal professional privilege
(4) It is not a reasonable excuse for the purposes of subsection (3) for a person to fail to give information or a statement, or produce a document or thing, that the information, statement, document or thing is subject to legal professional privilege, unless a court has found the information, statement, document or thing to be subject to legal professional privilege.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).
Defence of relevance
(5) It is a defence to a prosecution for an offence against this section constituted by a failure to give information or a statement, or produce a document or thing, if the information, statement, document or thing is not relevant to the matters into which the Commission is inquiring.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).
50 Self‑incrimination
(1) An individual is not excused from giving information, evidence or a statement, or producing a document or thing, under section 30 or 32 on the ground that giving the information, evidence or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence.
Note: A body corporate is not entitled to claim the privilege against self‑incrimination.
(2) Subsection (1) does not apply if:
(a) giving the information, evidence or statement, or producing the document or thing, might tend to incriminate the individual in relation to an offence; and
(b) the individual has been charged with that offence; and
(c) the charge has not been finally dealt with by a court or otherwise disposed of.
(3) However:
(a) the information, evidence or statement given or document or thing produced; and
(b) the giving of the information, evidence or a statement, or the production of the document or thing;
are not admissible in evidence against the individual in any criminal proceedings, other than:
(c) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act; or
(d) proceedings for an offence against Part III of the Crimes Act 1914 that relates to this Act; or
(e) proceedings for an offence against this Act.
(4) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to giving information, evidence or a statement, or producing a document or thing under section 30 or 32, the individual is not excused from giving the information, evidence or statement or producing the document or thing under those provisions on that ground.
Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.
Division 3—Witness protections etc.
51 Dismissal etc. of witness
(1) A person commits an offence if the person:
(a) dismisses an employee from employment or a defence member from the Defence Force; or
(b) prejudices an employee in the employee’s employment by the person or disciplines a defence member in their capacity as a defence member;
for or on account of the employee or a defence member having:
(c) appeared as a witness before the Commissioner; or
(d) given evidence before the Commissioner; or
(e) given information or a statement, or produced a document or thing, in accordance with section 30 or 32.
Penalty: 10 penalty units or imprisonment for 1 year.
(2) Subsection (1) does not apply if the employee or defence member was dismissed, prejudiced or disciplined 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).
52 Contempt of Commissioner
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct obstructs or hinders the Commissioner in the performance or exercise of the Commissioner’s functions or powers.
Penalty: 2 penalty units or imprisonment for 3 months.
(2) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct would, if the Commissioner were a court of record, constitute a contempt of that court.
Penalty: 2 penalty units or imprisonment for 3 months.
Division 4—Unauthorised publication, use or disclosure of information etc.
53 Non‑publication direction
(1) The Commissioner may direct that any of the following material must not be published, produced or disclosed or must not be published, produced or disclosed except in the manner or to the persons that the Commissioner specifies:
(a) evidence given before the Commissioner;
(b) the contents of a document, or a description of a thing, produced or given to the Commissioner;
(c) information that might enable a person who has given evidence before the Commissioner to be identified.
Note: Publication in contravention of a direction under this subsection is an offence: see section 54.
(2) The Commissioner may, in writing, vary or revoke a direction under subsection (1).
(3) Without limiting subsection (1), the Commissioner may direct that the material must not be published, produced or disclosed to:
(a) a court; or
(b) a tribunal, authority or person having power to require the production of documents or the answering of questions.
54 Publication in contravention of non‑publication direction
A person commits an offence if:
(a) the person publishes information; and
(b) the publication contravenes a direction under subsection 53(1).
Penalty: Imprisonment for 3 years.
55 Unauthorised use or disclosure of protected information
A person commits an offence if:
(a) the person is, or has been, an entrusted person; and
(b) the person uses or discloses information; and
(c) the information is protected information; and
(d) neither of the following apply:
(i) the use or disclosure is for the purposes of performing or exercising the Commissioner’s functions or powers;
(ii) the information is disclosed by the Commissioner in accordance with section 56 or 57.
Note: See Part 5.6 of the Criminal Code for offences relating to secrecy of information.
Penalty: Imprisonment for 2 years.
56 Authorisation to disclose information (other than intelligence information)
Authorisation to disclose
(1) The Commissioner may disclose information (including personal information) to an entity specified in subsection (2) if:
(a) the information was given to the Commissioner in accordance with a notice under section 30 or 32, or in accordance with section 40 or 41; and
(b) the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers; and
(c) the information is not intelligence information.
Note: The Commissioner’s power under this subsection is not delegable: see section 15.
(2) The entities are the following:
(a) the Attorney‑General of the Commonwealth, of a State or Territory;
(b) the Australian Federal Police;
(c) the police force of a State or Territory;
(d) the Director of Public Prosecutions;
(e) a Special Prosecutor appointed under the Special Prosecutors Act 1982;
(f) a body with functions equivalent to a Royal Commission;
(g) if the information relates, or may relate, to the contravention, or evidence of a contravention, of a law of the Commonwealth, a State or a Territory—an entity responsible for the administration or enforcement of the law;
(h) the Australian Crime Commission;
(i) the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006);
(j) a Coroner or a Coroner’s court;
(k) any other Commonwealth body;
(l) any other State body or Territory body;
(m) any other individual who holds any office or appointment under a law of the Commonwealth, a State or Territory.
Authorisation for agencies and bodies to use and disclose information
(3) An entity to which information is disclosed under subsection (1) may use and disclose the information for the purposes for which the information was disclosed under that subsection.
Contravention of a law
(4) A reference in paragraph (2)(g) 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.
57 Authorisation to disclose intelligence information
Authorisation to disclose
(1) The Commissioner may disclose intelligence information (including personal information) to an entity specified in subsection (2) if:
(a) the information was given to the Commissioner in accordance with a notice under section 30 or 32, or in accordance with section 40 or 41; and
(b) except in the case of a disclosure to the Inspector‑General of Intelligence and Security—the information relates, or may relate, to the commission, or evidence of the commission, of an offence against a law of the Commonwealth, a State or a Territory; and
(c) in any case—the Commissioner is satisfied that the information will assist the entity to perform any of its functions or exercise any of its powers.
Note: The Commissioner’s power under this subsection is not delegable: see section 15.
(2) The entities are the following:
(a) the Australian Federal Police;
(b) the police force of a State or Territory;
(c) the Australian Crime Commission;
(d) the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006);
(e) the Inspector‑General of Intelligence and Security;
(f) an agency or body, or the holder of an office, that is prescribed by the rules for the purposes of this paragraph.
Consultation requirement
(3) Before disclosing intelligence information under subsection (1) to an entity other than the Inspector‑General of Intelligence and Security, the Commissioner must consult the following:
(a) the person mentioned in subsection (4) for the entity;
(b) the head of the Australian intelligence entity to which the information relates.
(4) For the purposes of paragraph (3)(a), the person for the entity is as follows:
(a) for the Australian Federal Police—the Commissioner of Police;
(b) for the police force of a State or Territory—the head (however described) of the police force of the State or Territory;
(c) for the Australian Crime Commission—the Chief Executive Officer of the Australian Crime Commission;
(d) for the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006)—the Integrity Commissioner;
(e) for an agency or body, or the holder of an office, that is prescribed by the rules for the purposes of paragraph (2)(f)—the person holding, or performing the duties of, the principal office in respect of the body or agency that is prescribed by the rules for the purposes of this paragraph.
(5) For the purposes of paragraph (3)(a), the consultation must cover the protection of the intelligence information while it remains in the entity’s possession.
Matters to which Commissioner must have regard in disclosing information
(6) In disclosing intelligence information under subsection (1), the Commissioner:
(a) must have regard to any matter set out in an arrangement entered into for the purposes of subsection 42(1) with the head of the Australian intelligence entity to which the information relates; and
(b) may have regard to any other matter the Commissioner considers relevant.
58 No criminal or civil liability under secrecy provisions
Information provided in accordance with notices
(1) A person who is served with a notice under section 30 (summons) or 32 (Commissioner may require information etc.) does not commit an offence, and is not liable to any penalty, under a secrecy provision because the person:
(a) answers a question at a hearing that the Commissioner requires the person to answer; or
(b) gives information or a statement that the person is required to give in accordance with the notice; or
(c) produces a document or thing that the person is required to produce in accordance with the notice.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code.
Information disclosed under section 40 or 41
(2) A person who discloses information under section 40 or 41 does not commit an offence, and is not liable to any penalty, under a secrecy provision because the person disclosed information in accordance with section 40 or 41.
Part 5—Miscellaneous
59 Simplified outline of this Part
This Part deals with miscellaneous matters, such as:
(a) reporting requirements; and
(b) protection and immunity for the Commissioner, legal practitioners and witnesses; and
(c) the making of rules by the Minister.
60 Commissioner’s reports
Annual reports
(1) As soon as practicable after the end of each financial year, the Commissioner must give a report to the Prime Minister and the Minister, for presentation to the Parliament, in relation to any matter relating to, or arising in connection with, the exercise of the powers, or the performance of the functions, of the Commissioner during the financial year.
Additional reports
(2) The Commissioner may, from time to time, give the Prime Minister and the Minister, for presentation to the Parliament, a report in relation to any matter relating to, or arising in connection with, the exercise of the powers, or the performance of the functions, of the Commissioner.
Tabling
(3) If the Commissioner gives a report to the Prime Minister and the Minister under subsection (1) or (2), the Minister must cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
61 Response to report by the Commonwealth
If the Commissioner gives a report to the Prime Minister and the Minister under subsection 60(1) or (2), the Commonwealth must respond to the report in writing and cause the response to be laid before each House of the Parliament as soon as is reasonably practicable after the report is tabled under subsection 60(3).
62 Reports if appropriate action not taken on Commissioner’s report
Scope
(1) This section applies if, in the opinion of the Commissioner, action that is adequate and appropriate in the circumstances is not taken with respect to the matters included in a Commissioner’s report under subsection 60(1) or (2).
Report
(2) The Commissioner may give a report to the Prime Minister and the Minister in relation to the action or the response given by the Commonwealth under section 61.
(3) In preparing a report to give under subsection (2), the Commissioner must have regard to any response given by the Commonwealth under section 61.
Tabling
(4) If the Commissioner gives a report to the Prime Minister and the Minister under subsection (2), the Minister must cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
63 Judges
(1) In this Act, unless the contrary intention appears:
eligible Judge means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.
Judge means a person who is a Judge of a court created by the Parliament.
(2) A Judge may by writing consent to be nominated by the Attorney‑General under subsection (3).
(3) The Attorney‑General may by writing declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Act.
64 Protection of Commissioner, legal practitioners, eligible Judges and witnesses
(1) The Commissioner has, in the performance or exercise of functions or powers under this Act, the same protection and immunity as a Justice of the High Court.
(2) A legal practitioner assisting the Commissioner or appearing on behalf of a person at a hearing before the Commissioner has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
(3) An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.
(4) Subject to this Act, a person appearing as a witness at a hearing, or giving or producing information, evidence, a statement, a document or thing under section 30 or 32, has the same protection as a witness in proceedings in the High Court.
65 Rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.