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Royal Commissions Regulations 2001

Authoritative Version
SR 2001 No. 315 Regulations as amended, taking into account amendments up to SLI 2008 No. 40
Principal Regulations.These Regulations repeal the Royal Commissions Regulations (SR 1927 No. 75 & SR 1983 No. 6)
Administered by: Prime Minister and Cabinet
Registered 11 Apr 2008
Start Date 11 Apr 2008
End Date 11 Apr 2013
Date of repeal 21 Sep 2019
Repealed by Royal Commissions (Consequential Amendments) Regulations 2019

Royal Commissions Regulations 2001

Statutory Rules 2001 No. 315 as amended

made under the

This compilation was prepared on 11 April 2008
taking into account amendments up to SLI 2008 No. 40

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


Contents

                        1     Name of Regulations [see Note 1]                                     3

                        2     Commencement [see Note 1]                                           3

                        3     Royal Commissions Regulations — repeal                         3

                        4     Definitions                                                                       3

                        5     Form of summons to appear before Commission                3

                        6     Service of notices and summonses (Act s 2, s 3, s 6AA)    3

                        7     Witnesses’ expenses                                                       4

                        8     Custody and use of records of Oil‑for‑Food Inquiry              4

Schedule 1             Form of summons                                                          7

Notes                                                                                                            8

 

 


  

  

1              Name of Regulations [see Note 1]

                These Regulations are the Royal Commissions Regulations 2001.

2              Commencement [see Note 1]

                These Regulations commence on gazettal.

3              Royal Commissions Regulations — repeal

                The following Statutory Rules are repealed:

                  ·    1927 No. 75

                  ·    1983 No. 6.

4              Definitions

                In these Regulations unless the contrary intention appears:

Act means the Royal Commissions Act 1902.

High Court Scale means the scale of witnesses’ expenses that applies to witnesses appearing before the High Court.

Oil‑for‑Food Inquiry means the inquiry into Certain Australian Companies in relation to the UN Oil‑for‑Food Programme that was established by Letters Patent dated 10 November 2005 (as amended by Letters Patent dated 6 February 2006, 10 March 2006, 17 March 2006, 22 June 2006 and 21 September 2006).

5              Form of summons to appear before Commission

                A summons to a person to appear before a Commission at a hearing must be in the form set out in Schedule 1.

6              Service of notices and summonses (Act s 2, s 3, s 6AA)

                For subsections 2 (3A), 3 (1), 3 (2) and 6AA (3) of the Act, the prescribed manner of serving a notice or summons (the document) is:

                (a)    if the person named in the document is an individual — by handing the document to the person or, if on tender of the document to the person the person refuses to accept it, putting it down in the person’s presence after the person has been told of the nature of the document; or

               (b)    if the person named in the document is a corporation — by handing the document to a person apparently an officer of, or in the service of, the corporation and apparently of or above the age of 16 years:

                          (i)    at the registered office of the corporation; or

                         (ii)    if there is no registered office, at the principal place of business or the principal office of the corporation;

                        or, if on tender of the document to such a person the person refuses to accept it, putting it down in the person’s presence after the person has been told of the nature of the document.

7              Witnesses’ expenses

         (1)   A witness who appears before a Commission in answer to a summons under section 2 of the Act may be paid expenses in accordance with the High Court Scale.

         (2)   A witness who appears before a Commission without being summoned under section 2 of the Act to do so may, if the Commission directs, be paid expenses in accordance with the High Court Scale.

         (3)   In the application of the High Court Scale to a witness, the Commission has, and may exercise, all the powers and functions of the taxing officer under that scale.

         (4)   In this regulation:

Commission includes a Commissioner authorised by the Commission, in writing, for this regulation.

8              Custody and use of records of Oil‑for‑Food Inquiry

         (1)   For subsection 9 (2) of the Act, this regulation applies in relation to the Royal Commission records of the Oil‑for‑Food Inquiry, other than the following Royal Commission records:

                (a)    Royal Commission records relating to the administration of the Inquiry;

               (b)    Royal Commission records relating to the financial management of the Inquiry;

                (c)    Royal Commission records that were in the public domain on 27 November 2006;

               (d)    the Report of the Inquiry.

Note 1   The Report of the Inquiry was presented to the Governor‑General on 24 November 2006 and tabled in the Parliament on 27 November 2006.

Note 2   Royal Commission records are explained in subsection 9 (1) of the Act.

         (2)   For paragraph 9 (2) (a) of the Act, the Royal Commission records are to be kept in the custody of the Secretary of the Department of the Prime Minister and Cabinet.

         (3)   For paragraph 9 (2) (c) of the Act, the circumstances in which the custodian of the Royal Commission records must, as soon as practicable, give a copy of a record that the custodian certifies to be a true copy of the record (certified copy) to a person or body are that:

                (a)    the person or body is the owner of the record; and

               (b)    the record has not been returned to the person or body; and

                (c)    the person or body has requested a certified copy of the record.

         (4)   For subregulation (3), until a certified copy is given, the custodian of the Royal Commission records must provide the person or body, or a person authorised by the person or body, reasonable access to the record for the purposes of inspecting and making copies of, or taking extracts from, the record.

         (5)   For paragraph 9 (2) (c) of the Act, the circumstances in which the custodian of the Royal Commission records may give some or all of those records to a person or body are that the person or body:

                (a)    performs a function relating to law enforcement purposes within the meaning of section 9 of the Act; or

               (b)    is responsible for advising a Minister of the Commonwealth, of a State or of a Territory about the administration of a law of the Commonwealth, of that State or of that Territory.

         (6)   For paragraph 9 (2) (d) of the Act, the circumstances in which the custodian of the Royal Commission records may allow access to some or all of those records to a person or body are that the person or body:

                (a)    performs a function relating to law enforcement purposes within the meaning of section 9 of the Act; or

               (b)    is responsible for advising a Minister of the Commonwealth, of a State or of a Territory about the administration of a law of the Commonwealth, of that State or of that Territory.

         (7)   Subregulations (3), (4), (5) and (6) do not limit the circumstances in which the custodian of the Royal Commission records may:

                (a)    give a Royal Commission record to a person or body; or

               (b)    allow access to a Royal Commission record to a person or body.

         (8)   Subregulations (3), (4), (5) and (6) do not limit the operation of subsections 9 (6) and (7) of the Act.


Schedule 1        Form of summons

(regulation 5)

  

 

COMMONWEALTH OF AUSTRALIA

Royal Commissions Act 1902

COMMISSION OF INQUIRY INTO [matter]

SUMMONS TO APPEAR BEFORE THE COMMISSION

To          [name]

              [address]

In pursuance of subsection 2 (1) of the Royal Commissions Act 1902, I, [name], a member of the Commission established under Letters Patent dated [date] to make inquiry into and report upon the above‑mentioned matters, summon you:

(a)     to appear before the Commission at the hearing to be held at [address where Commission is to sit] on [date] at [time]

*   to give evidence in relation to the matters into which the Commission is inquiring; and

*   to produce [this summons and] the documents [or things or documents and other things] described in the Schedule; and

*   to give evidence in relation to the matters into which the Commission is inquiring and to produce [this summons and] the documents [or things or documents and other things] described in the Schedule; and

(b)     to attend from day to day unless excused or released from further attendance.

*SCHEDULE

[description of material to be produced]

Dated

                                                      [Signature of the member of the Commission issuing the summons]

* Omit if inapplicable

 


Notes to the Royal Commissions Regulations 2001

Note 1

The Royal Commissions Regulations 2001 (in force under the Royal Commissions Act 1902) as shown in this compilation comprise Statutory Rules 2001 No. 315 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
Number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

2001 No. 315

15 Oct 2001

15 Oct 2001

 

2006 No. 169

22 June 2006 (see F2006L01948)

23 June 2006

2006 No. 375

14 Dec 2006 (see F2006L04083)

15 Dec 2006

2008 No. 40

10 Apr 2008 (see F2008L01052)

11 Apr 2008

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 4..........................................

am. 2006 No. 375

Heading to r. 6......................

rs. 2006 No. 169

R. 6..........................................

am. 2006 No. 169

R. 8..........................................

ad. 2006 No. 375

 

am. 2008 No. 40