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Royal Commissions Regulations 2001

Authoritative Version
SR 2001 No. 315 Regulations as amended, taking into account amendments up to Royal Commissions Amendment (Service of Documents) Regulations 2018
Principal Regulations.These Regulations repeal the Royal Commissions Regulations (SR 1927 No. 75 & SR 1983 No. 6)
Administered by: Prime Minister and Cabinet
Registered 08 Jan 2019
Start Date 11 Dec 2018
End Date 04 Apr 2019
Date of repeal 21 Sep 2019
Repealed by Royal Commissions (Consequential Amendments) Regulations 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Royal Commissions Regulations 2001

Statutory Rules No. 315, 2001

made under the

Royal Commissions Act 1902

Compilation No. 6

Compilation date:                              11 December 2018

Includes amendments up to:            F2018L01711

Registered:                                         8 January 2019

 

About this compilation

This compilation

This is a compilation of the Royal Commissions Regulations 2001 that shows the text of the law as amended and in force on 11 December 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of Regulations........................................................................... 1

4............ Definitions.......................................................................................... 1

5............ Form of summons to appear before Commission............................... 1

6............ Service of notices and summonses...................................................... 1

7............ Witnesses’ expenses........................................................................... 2

8............ Custody and use of records—Oil‑for‑Food Inquiry........................... 3

9............ Custody and use of records—Royal Commission into Trade Union Governance and Corruption............................................................................................................ 4

13.......... Amendments made by the Royal Commissions Amendment (Service of Documents) Regulations 2018............................................................................................................ 6

Schedule 1   Form of summons                                                                         7

Endnotes                                                                                                                                      8

Endnote 1—About the endnotes                                                                              8

Endnote 2—Abbreviation key                                                                                  9

Endnote 3—Legislation history                                                                             10

Endnote 4—Amendment history                                                                           11

 


 

 

1  Name of Regulations

                   These Regulations are the Royal Commissions Regulations 2001.

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).

Royal Commission into Trade Union Governance and Corruption means the Royal Commission into matters relating to the affairs of various entities, mainly employee organisations, that was established by Letters Patent dated 13 March 2014 (as amended by Letters Patent dated 30 October 2014).

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

             (1)  For the purposes of subsections 2(3A), 2(3C), 3(1), 3(2) and 6AA(3) of the Act, a notice or summons (the document) may be served, for the purposes of a Commission, on a person (the named person) named in the document in a way set out in this regulation.

             (2)  The document may be served on a named person who is an individual by:

                     (a)  handing the document to the named person; or

                     (b)  if on tender of the document to the named 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.

             (3)  The document may be served on a named person which is a corporation by:

                     (a)  handing the document to a person (the served 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

                     (b)  if on tender of the document to the served 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.

             (4)  The document may be served on a named person (whether an individual or a corporation) by handing the document to a legal practitioner who:

                     (a)  has authority to accept service of the document on the named person’s behalf; and

                     (b)  accepts service of the document on the named person’s behalf.

             (5)  The document may be served on a named person (whether an individual or a corporation), or any other person, in a particular way if:

                     (a)  the named person has, prior to the preparation of the document, agreed in writing to accept service for the purposes of the Commission in that way; and

                     (b)  the agreement is still in force.

             (6)  If a member of the Commission has previously served the named person with a notice for the purposes of subsection 2(3A) or (3C) of the Act under any of the ways set out in subregulations (2) to (5), that member (or another member) of the Commission may later serve another notice for those purposes on the person by sending the notice by pre‑paid post addressed to the person at:

                     (a)  an address provided by the named person to the Commission; or

                     (b)  the named person’s residential or business address last known to the member of the Commission serving the later notice.

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—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.

9  Custody and use of records—Royal Commission into Trade Union Governance and Corruption

Application

             (1)  For subsection 9(2) of the Act, this regulation applies in relation to Royal Commission records of the Royal Commission into Trade Union Governance and Corruption (the Trade Union Royal Commission), other than the following Royal Commission records:

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

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

                     (c)  Royal Commission records that were in the public domain on 30 December 2015;

                     (d)  the volumes of the Interim Report of the Trade Union Royal Commission that are publicly available;

                     (e)  the volumes of the Final Report of the Trade Union Royal Commission that are publicly available.

Note 1:       The Final Report of the Royal Commission into Trade Union Governance and Corruption was presented to the Governor‑General on 28 December 2015 and tabled in the Parliament on 30 December 2015.

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

Custody of records

             (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.

Giving certified copies of records

             (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.

Giving records for purposes of law enforcement etc.

             (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.

Allowing access to records

             (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.

Circumstances in which records may be given or access allowed not limited

             (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.

Provisions of the Act not limited

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

13  Amendments made by the Royal Commissions Amendment (Service of Documents) Regulations 2018

                   The repeal and substitution of regulation 6 (service of notices and summonses) of these Regulations by the Royal Commissions Amendment (Service of Documents) Regulations 2018 applies in relation to:

                     (a)  the Royal Commission into Aged Care Quality and Safety established by Letters Patent dated 8 October 2018; and

                     (b)  a Royal Commission established on or after the day on which the Royal Commissions Amendment (Service of Documents) Regulations 2018 commenced.


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


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

Registration

Commencement

Application, saving and transitional provisions

2001 No. 315

15 Oct 2001

15 Oct 2001

 

2006 No. 169

22 June 2006 (F2006L01948)

23 June 2006

2006 No. 375

14 Dec 2006 (F2006L04083)

15 Dec 2006

2008 No. 40

10 Apr 2008 (F2008L01052)

11 Apr 2008

54, 2013

11 Apr 2013 (F2013L00647)

12 Apr 2013

 

Name

Registration

Commencement

Application, saving and transitional provisions

Royal Commissions Amendment Regulation 2016 (No. 1)

16 Feb 2016 (F2016L00113)

17 Feb 2016 (s 2(1) item 1)

Royal Commissions Amendment (Service of Documents) Regulations 2018

10 Dec 2018 (F2018L01711)

11 Dec 2018 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 2.............................................

rep LA s48D

r 3.............................................

rep LA s48C

r 4.............................................

am. 2006 No. 375; F2016L00113

r 6.............................................

am. 2006 No. 169

 

rs F2018L01711

r 7.............................................

rs. No. 54, 2013

r 8.............................................

ad. 2006 No. 375

 

am. 2008 No. 40; F2016L00113

r 9.............................................

ad F2016L00113

r 13...........................................

ad F2018L01711