Royal Commissions Regulations 2001

Statutory Rules 2001 No. 315 as amended

made under the

Royal Commissions Act 1902

This compilation was prepared on 23 June 2006
taking into account amendments up to SLI 2006 No. 169

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

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement 

 3 Royal Commissions Regulations — repeal 

 4 Definitions 

 5 Form of summons to appear before Commission 

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

 7 Witnesses’ expenses 

Schedule 1 Form of summons 

Notes   

1 Name of Regulations [see Note 1]

  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  The following Statutory Rules are repealed: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.

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.

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

Table of Amendments