Royal Commissions Regulations 2001
Statutory Rules No. 315, 2001 as amended
made under the
Royal Commissions Act 1902
Compilation start date: 12 April 2013
Includes amendments up to: SLI No. 54, 2013
About this compilation
The compiled instrument
This is a compilation of the Royal Commissions Regulations 2001 as amended and in force on 12 April 2013. It includes any amendment affecting the compiled instrument to that date.
This compilation was prepared on 12 April 2013.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled instrument has not commenced or is affected by an uncommenced amendment, the text of the uncommenced provision or amendment is set out only in the endnotes.
Application provisions for amendments
If the operation of an amendment is affected by an application provision, this provision is set out in the endnotes.
Modifications
If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provision ceasing to have effect
If a provision of the compiled instrument has expired or otherwise ceased to have effect, or is to expire or otherwise cease to have effect, in accordance with a provision of the instrument, details of the provision are set out in the endnotes.
Contents
1............ Name of Regulations........................................................................... 1
2............ Commencement................................................................................... 1
3............ Royal Commissions Regulations—repeal........................................... 1
4............ Definitions.......................................................................................... 1
5............ Form of summons to appear before Commission............................... 1
6............ Service of notices and summonses (Act s 2, s 3, s 6AA)................... 2
7............ Witnesses’ expenses........................................................................... 2
8............ Custody and use of records of Oil‑for‑Food Inquiry.......................... 4
Schedule 1 Form of summons 6
Endnotes 7
Endnote 1—Legislation history 7
Endnote 2—Amendment history 8
Endnote 3—Application, saving and transitional provisions 9
Endnote 4—Uncommenced amendments 10
Endnote 5—Misdescribed amendments 11
1 Name of Regulations
These Regulations are the Royal Commissions Regulations 2001.
2 Commencement
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 table of expenses in subregulation (3).
(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 table of expenses in subregulation (3).
(3) The table of expenses is:
| Expenses |
| Item | Witness | Expenses |
| 1 | Witness called because of his or her professional, scientific or other special skill or knowledge | $1,174.90 per day |
| 2 | Witness called for any other reason | $123.90 per day |
| 3 | In addition to items 1 and 2, witness remunerated in his or her occupation by wages, salary or fees | The amount lost by his or her attendance |
| 4 | In addition to items 1 and 2, witness who resides more than 50 kilometres from the location of the Commission | The sum that an authorised person thinks reasonable for the actual cost of conveyance, together with a reasonable amount for sustenance or maintenance |
| | | |
(4) In addition to the table of expenses in subregulation (3):
(a) an authorised person may allow the amount that the authorised person thinks reasonable and properly incurred and paid to witnesses for qualifying to give skilled evidence; and
(b) an authorised person may allow to an expert witness a special fee for attendance at the Commission that is not covered by the items of the table if the witness is acting as an expert in assisting counsel or a solicitor for a period during the trial or hearing; and
(c) paragraph (b) does not affect the existing practice of allowing qualifying fees to witnesses.
(5) In this regulation:
authorised person means:
(a) the Secretary of the Attorney‑General’s Department; or
(b) a person authorised, in writing, by the Secretary of the Attorney‑General’s Department for the purposes of this regulation.
Commission includes a member of the Commission authorised, in writing, by the President or Chair of the Commission for the purposes of 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