Inter-State Commission Regulations 1913 (Cth)

STATUTORY RULES.

1913. No. 243.

PROVISIONAL REGULATIONS UNDER THE INTER-STATE COMMISSION ACT 1912.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Inter-State Commission Act 1912 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 10th day of September, One thousand nine hundred and thirteen.

DENMAN,

By His Excellency's Command, Governor-General

J. H. McCOLL,

For Minister of State for Trade and Customs

Short Title.

1. These regulations may be cited as the Inter-State Commission Regulations 1913.

Seal.

2. The Seal of the Commission shall consist of the Royal Coat of Arms, with the words “The Inter-State Commission, Australia.” The Seal shall be in the custody of the Secretary to the Commission, and shall be affixed by him to awards and orders, and to such other documents as the Chief Commissioner or the Chairman directs.

Secrecy of Officers.

3. Every officer of the Commission shall, before entering upon his duties, make before a Justice of the Peace, Commissioner for Declarations, or Commissioner for Affidavits, a declaration of secrecy in accordance with the following form.

INTER-STATE COMMISSION ACT AND REGULATIONS.

Declaration by Officer.

I, , of being an Officer of the Inter-State Commission, do solemnly and sincerely promise and declare that, except in the course of my duty, and to a member of the Commission, or to an officer who has made this declaration, I will not divulge any confidential information furnished to the Commission.

(Signature of Officer.)

Declared at this day of 191  before me

(Signature of Justice of the Peace Commissioner for Declarations, or Commissioner for Affidavits.)

Minutes of Proceedings

4. (1) Minutes of the proceedings of the Commission shall be kept by the Secretary to the Commission.

(2) The minutes shall contain a record of the time and place of meeting, the members present, the subject-matter of the proceedings, the names of the witnesses examined, and of every vote and official act of the Commission.

Form of Papers.

5. All papers presented to the Commission (other than forms prescribed herein) should be on foolscap, with a quarter margin, written, typewritten or printed on one side only, and having not less than two folios, nor more than five folios, of seventy-two words on each page, and divided into convenient paragraphs with the numbers of the paragraphs written on the inner edge of the margin.

Summons to Witness.

6. (1) A summons to a witness shall be in Form A hereto. Service shall be affected by delivering to the witness a copy of such summons stamped with the stamp of the Commission.

(2) Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness upon whom it is served.

Forms of Oaths.

7. The forms of oaths administered to witnesses appearing before the Commission shall be the same, as nearly as may be, as these which are used in the Supreme Court of the State or part of the Commonwealth in which the oath is administered.

Allowances to Witnesses.

8. The allowances to witnesses shall be the same as in the Supreme Court of the State or part of the Commonwealth where such witnesses are in attendance. Provided that, under special circumstances, the Commission or the Chief Commissioner may make such order as to such allowances as may seem fit.

Applications for Tariff Investigation.

9. (1) Applications to the Commission in connexion with the investigation into any Tariff Act or other fiscal legislation and its effect upon Australian industries, manufactures, or prices, shall be made in writing upon printed forms which may be obtained at the Office of the Inter-State Commission, Melbourne, or at the Customs House in the capital city of any State.

(2) Such applications shall be marked “Confidential” and delivered or forwarded by post to the Secretary to the Inter-State Commission, Melbourne. Under no circumstances will any such communication be considered if addressed to a member of the Commission personally.

(3) Every such application shall be supported by a statutory declaration as to the truth of the statements made therein.

Suggestions for Other Investigations.

10. Suggestions for the investigation of other matters enumerated in Sections 16 and 17 of the Act shall be made in writing prepared in accordance with Regulation No. 5 of these Regulations and addressed to the Secretary to the Inter-State Commission, Melbourne.

Evidence.

11. In connexion with investigations by the Commission, evidence may be given by affidavit or statutory declaration or orally, as the Commission directs.

Provided that evidence by affidavit or by statutory declaration shall not be accepted if any person directly interested in the matter under investigation desires in good faith that the proposed witness shall attend before the Commission for cross-examination.

FORM A.

Inter-State Commission

Summons to Witness.

To

You are hereby summoned to appear before the Inter-State Commission at  on the  day of  191 , at half-past Ten o’clock in the forenoon, and thereafter from day to day until discharged from attendance, and to give evidence in the matter hereunder set out, and then and there to have and produce and all other books, documents, and writings relating to the undermentioned matter which may be in your custody or control.

Dated at this day of , 19

Chief Commissioner.

Matter of Investigation

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

C.12534.—Price 3d