Royal Commissions Amendment Regulations 2006 (No. )

Royal Commissions Amendment Regulations 2006 (No. 2)1

Select Legislative Instrument 2006 No. 375

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Royal Commissions Act 1902.

Dated 13 December 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

MALCOLM TURNBULL

Parliamentary Secretary to the Prime Minister

Schedule 1 Amendments

(regulation 3)

[1] Regulation 4, after definition of High Court Scale

insert

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).

[2] After regulation 7

insert

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 Royal Commission records relating to:

(a) the administration of the Inquiry; or

(b) the financial management of the Inquiry.

Note 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

(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.