Official Inquiries Evidence Act Amendment Act of 1929 (20 Geo v No. 2) (Qld)

1247'i1: EVIDENCE. Ofjic1:al Inquiries Evidence iict A_mendment Act. 20 GEO. V. No. 2, ---- ---------------------------------- EVIDENCE. 20NGoe.o 2 . . V. An Act to Amend H The Official Inquiries Evidence THE OFFICIAL Act of 1910" in certain particulars. INQUIRIES [ASSENTED TO 30TH SEPTEMBER, 1929.J BE EVIDENCE AME!~~ENT it enacted by the King's Most Excellent Majesty, ACT OF by and with the advice and consent of the Legis- 1929. lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. (1.) This Act may be cited as "The Official and Inquirie8 Evidence Act Amendment Act of 1929." construction. (2.) *" The Official Inquiries Evidence Act of 1910" is in this Act referred to as the Principal Act. (3.) The Principal Act, as amended by this Act, may be cited as "The Official Inquirie8 Evidence Act8, 1910 to 1929." Amendment 2. Section two of the Principal Act is amended by of 8.2. inserting, nfter the word" ma.tter," the following words, namely :-" and the words ,. reasonable excuse" in relation to any act or omission by a witness or a person summoned as a witness before a Commission means an excuse which would excuse an act or omission of a similar nature by a witness or a person summoned as a witness before a court of law." Amendment 3. Section three of the Principal Act is amended of s. 3. by omitting therefrom the words "material to the subject-matter of the inquiry," and inserting in lieu thereof the words" which he is required by the summons to produce." Amendment 4. (1.) (a) Subsection one of section five of the of s. 5. Principal Act is amended, by omitting therefrom the word" twenty" and inserting in lieu thereof the words " five hundred." (b) Subsection one of the said section five of the Principal Act js further amended, by inserting after the word" pounds" the following proviso, namely :- "Provided tht'.t it shall be a defence to a prosecu- tion under this subsection for failing withou.t reasonable excuse to produce any documents, books, or writings, if the ddendant proves that the documents, books, or writings were not relevant to the inquiry." * 1 Geo. V. No. 26, 8upra, page 748.

EVIDENCE. 12475 1929. Official Inquiries Evidemce Act Anwndment Act. (2.) (a) Subsection two of section five of the ~ in­ cipal Act is amended by omitting the word "twenty" and inserting in lieu thereof the words "five hundred." . (b) Subsection two of the said section five of the Principal Act is further amended, by omitting the words :-" Provided that no such person shall be compelled to answer any question tending to incriminate himself." 5. After section five of the Principal Act the Insertion of following sections are inserted, namely:- ~:c';ions. "[5A.] Every witness who has been summoned to D~ tyof attend a Comml. ss.IOn sha11 appear and report h· Imse If from cwointntiensusetoin' day to day unless excused by the President or Chairman attendance. of the Commission or until he is reJeased from further attendance by the President or Chairman of the Commission. [5B.] (1.) If any person served with a summons toA:rest of attend a Commission as a witness fails to attend the ~ : ~ o Commission in answer to tbe summons, the President or appear. Chairman may, on proof by statutory declaration of the service of the summons, issue a warrant for his apprehension. (2.) The warrant shall authorise the apprehension of the witness and his being brought before tHe Commission, and his detention in custody for that purpose until he is released by order of the President or Chairman. (3.) The warrant may be executed by any member of the Police Force, or by any person to whom it is addressed, and the person executing it shall have power to break and enter any pl~ ce, building, or vessel for the purpose of executing it. . (4.) The apprehension of any witness under this section shall not relieve him from any liability incurred by him by reason of his non-compliance with the summons. [50.] Where any person has on any day done or Ac~ s? r onu· tted t ·0 d 0 someth·mg, and h· IS act or omI.SS.IOn oomnldSSifIfOenrsent amounts to an offence against section five of this Act, days ~ o and does or omits to do the same thing at any meeting : ; :, ; ~~ ~ te of the Commission held on some other day, each such offences. act or omission shall be a separate offence. •

12476 EVIDENCE. Witness need not discloso process. o,Oicial Inquiries Evidence Act Amendment Act. 20 GEO. V. No. 2,1929. - - - - - - - - - - ... - - - - - - - - - - - - - - - [5D.] Nothing in this Act shall make it compulsory for any witness before a Commission to disclose to the Commission any secret process of manufacture. Statements [5E.] A statement or disclosure made by any wmiatdneesbsynot witness in answer to any question put to him by a admissible Commission or any of the Commissioners or before a aingaeivnisdtenhcime Commission shall not (except in proceedings for an offence against this Act) be admissible in evidence against him in any civil or criminal proceedings. Penalty in case of offence . committed after a prevl - ous conviction. [5F.] 'Where any person who has been convicted of any offence against section five of this Act is subse- quently convicted of any offence against that section, committed by him after the first-mentioned conviction and in relation to the same Commission, he shall be liable to a penalty of not less than five hundred pounds and not more than one thousand pounds, and to im- prisonment for such period not exceeding six months as the Court thinks fit to order. Power_o~ [5G.] A Commission may inspect any documents, ~ o:~ ~ ~~~r:o books, or writings produced before it, and may retain documents them for such reasonable period as it thinks fit, and may produced. make copies of such mattel'as is relevant to the inquiry, or take extracts from them." Application 6. The provisions of this Act shall apply in relation of Act. to any Commission issued before the commencement of this Act, as well as in relation to Commissions issued after its commencement. FUNDS, PATRIOTIC. See PATRIOTIC .FUNDS. HARBOUR BOARDS. See LOCAL AUTHORITIES. HEAVY VEHICLES. See TRAFFIC. HOMESTEADS, MINERS'. See MINING.