Boorabil Commission Act 1914 (NSW)

BOORABIL COMMISSION ACT.

Act No. 14, 1914.

An Act to extend the powers of the Commissioner appointed to make inquiries relating to the resumption of the Boorabil Leases, and to other matters, and to further provide for the procedure before such Commissioner, and for other purposes, and to further prescribe the duties and immunities of witnesses examined before such Commissioner, and to amend and extend the provisions of the Royal Commis­ sioner's Evidence Act, 1901; and for purposes consequent thereon or incidental thereto. [Assented to, 23rd July, 1914.]

WH E R E A S Seal, dated the n in th day of J u l y , one thousand

by Le t te r s P a t e n t issued under the Grea t

nine h u n d r e d and four teen , t he Honourab l e Mr . Jus t i ce

P r i n g was au thor i sed and appointed Sole Commissioner

to m a k e inqu i ry re la t ing to t h e m a t t e r of t h e pu rchase

by the Gove rnmen t of t he Boorabil Es t a t e and t h e adjoining improvemen t leases, and the adminis t ra t ion of t he D e p a r t m e n t of L a n d s in connect ion wi th the said purchase , and o the r ma t t e r s connected the rewi th : A n d whereas it is desirable to ex tend the powers of the said Commissioner, and to m a k e fur ther provision for

A t h e

the procedure in such inquiry, and to further prescribe the duties and immunities of witnesses examined before such Commissioner, and to extend the Royal Commis­ sioner's Evidence Act, 1901 : Be it therefore enacted by the King's Most Excellent Majesty, by and with the

advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament
assembled, and by the authority of the same, as

follows :—

1. This Act may be cited as the " Boorabil Com­

mission Act, 1914."

2. The Commissioner shall for the purposes of the

inquiry under the said Letters Patent, or any extension

of the terms of the same, have in addition to the special

powers hereinafter provided all such powers, rights, and privileges as are vested in the Supreme Court, or in any

Judge thereof, on the occasion of any action or trial in respect of the following matters :—

(a)	The compelling the attendance of witnesses, and examining them on oath, affirmation, or declaration.
(b)	The compelling the production of books, docu­ ments, and writings.
(c)	The compelling witnesses to answer questions

which the said Commissioner deems to be rele­

vant to the inquiry.

(d)	The punishing persons guilty of contempt or of disobedience of any order or summons made or issued by the Commissioner.
(e)	The directing witnesses to be prosecuted for

3. A summons signed by the Commissioner may be perjury.

issued for enforcing the attendance of witnesses or com­

pelling the production of books, documents, and writings.
I f any person having been served with such summons

fails to appear the Commissioner may issue a warrant
authorising such person to be apprehended and brought

before him.

4. Any person summoned to attend before the Com­ missioner who refuses or neglects or fails to attend in pursuance of any summons shall, notwithstanding the dissolution or other determination of the Commission, be

liable to punishment for contempt of the Supreme Court

on the motion of the Attorney-General. 5.

5. A warrant or order for the arrest, detention, or imprisonment of a person for contempt or for diso­ bedience of any order or summons made or issued by the Commissioner shall, notwithstanding the Com­ mission is dissolved or otherwise determined, be and remain as valid and effectual in all respects as if the

Commission were not so dissolved or otherwise deter­
mined ; and upon such dissolution or determination all the powers, rights, and privileges of the Commissoner
with respect to such warrant or order and with respect
to a, person arrested, detained or imprisoned or to be arrested, detained, or imprisoned by virtue thereof, shall
devolve upon and be exercised by the Supreme Court or
a Judge thereof.
6 . Any counsel or solicitor appointed by the Crown to assist the Commissioner, and any person who shows to the satisfaction of the Commissioner that he is sub­ stantially and directly interested in any matter, the sub­ ject of the inquiry, or that his conduct in relation to any such matter has been challenged to his detriment, and who is authorised in that behalf by the Commissioner, may appear at the inquiry. Any person so authorised may with the consent of the Commissioner be repre­ sented by counsel or solicitor.
7. Any counsel or solicitor appointed as aforesaid

and any person authorised as aforesaid, or his counsel or

solicitor, may with the leave of the Commissioner
examine or cross-examine any witness on matters which tin; Commissioner deems relevant to the inquiry : Any witness so examined or cross-examined shall have the same protection and be subject to the same liabilities as

if examined or cross-examined by the Commissioner.

8. A witness before the Commissioner shall not be excused from answering any question put to him on the. ground of any privilege, or on the ground that the answer thereto may criminate or tend to criminate him,

or upon any other ground : Provided that no evidence
taken before the Commissioner shall be admissible against any person in any civil or criminal proceeding
except in the case of a person accused of having given false evidence before the Commissioner, or of having
procured or caused or attempted or conspired to procure
or cause the savins: of such evidence.

(1) Any witness before the Commissioner who, in the opinion of the Commissioner, makes a full and true disclosure touching all matters in respect of which he is examined, may, in the discretion of the Commissioner, be granted a certificate signed by the Commissioner, stating that the witness has on his examination made a

9.

full and true disclosure as aforesaid.

(2) If any civil or criminal proceeding is at any time thereafter instituted against any such witness in respect of any matter touching which he has been so examined, the Court having cognizance of the case shall, on proof of the certificate, stay the proceedings, and may, in its discretion, award to the witness such costs as he may be put to in, or by reason of, the proceedings:

Provided that nothing in this section shall apply to the

case of a person accused of having given false evidence

before the Commissioner or of having procured or caused or attempted or conspired to procure or cause the giving

of such evidence.

10. Every person who wilfully gives false evidence

before the Commissioner shall be guilty of perjury and
shall be punishable accordingly : Provided that no pro­ secution for perjury charged to have been committed
before the Commissioner shall be instituted without the

direction or leave of the Commissioner, or if the Commis­ sion shall have been previously dissolved or otherwise determined without the leave of a Judge of the Supreme Court.

11. The Commissioner in conducting the inquiry shall not be bound by the technical rules of evidence.

12. The following section shall be read as section

eleven of the Royal Commissioner's Evidence Act,

1 9 0 1 : —

1 1 . In any Letters Patent issued under the Great

Seal within two years after the passing of this Act

appointing any Judge of the Supreme Court a

Commissioner to make any inquiry, it shall be

lawful for the Governor to declare that all or any specified sections of the Boorabil Commission
Act, 1 9 1 4 , shall he applicable for the purposes of

such inquiry, and the same shall thereupon he

applied in the holding of the said inquiry.

1 3 . The appointment of tlie Honorable Mr. Justice Pr ing as such Commissioner as aforesaid is hereby declared to be valid in all respects, and the pendency of any legal proceedings in any Court shall not debar the Commissioner from acting under the said Commission.

1 4 . Nothing' in this Act contained shall in any respect limit the powers, rights, and privileges of the Commissioner under the lioval Commissioner's Evidence Act, 1901.