Royal Commission into the New South Wales Police Service (Access to Information) Act 1994 (Cth)

Royal Commission into the New South Wales Police Service (Access to Information) Act 1994

No. 170 of 1994

An Act to amend the Financial Transaction Reports Act 1988and the Telecommunications (Interception) Act 1979

[Assented to 16 December 1994]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Royal Commission into the New South Wales Police Service (Access to Information) Act 1994.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Amendments

3. The Acts specified in the Schedule are amended as set out in the Schedule.

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SCHEDULE Section 3

AMENDMENTS

PART 1—AMENDMENT OF THE FINANCIAL TRANSACTION REPORTS ACT 1988

1. Subsection 3(1):

Insert:

" 'Royal Commission into the New South Wales Police Service' means the commission established by the Governor of the State of New South Wales by Letters Patent dated 13 May 1994 to inquire into the operations of the New South Wales Police Service, with particular reference to certain matters specified in those Letters Patent;".

2. Subsection 27(16):

Add at the end:

"; and (e) the Royal Commission into the New South Wales Police Service.".

3. Subsection 27(17):

Add at the end:

"; and (n) the person constituting the Royal Commission into the New South Wales Police Service; and

(o) a member of the staff of that Royal Commission.".

PART 2—AMENDMENT OF THE TELECOMMUNICATIONS (INTERCEPTION) ACT 1979

4. Subsection 5(1):

Insert:

" 'Royal Commission into the New South Wales Police Service' means the commission established by the Governor of the State of New South Wales by Letters Patent dated 13 May 1994 to inquire into the operations of the New South Wales Police Service, with particular reference to certain matters specified in those Letters Patent;".

5. Subsection 5(1) (definition of "chief officer"):

Add at the end:

"or (g) in the case of the Royal Commission into the New South Wales Police Service—the person constituting that Royal Commission;".

SCHEDULE— continued

6. Subsection 5(1) (paragraph (b) of the definition of "eligible authority"):

After "Crime Commission" insert ", the Royal Commission into the New South Wales Police Service".

7. Subsection 5(1) (definition of "officer"):

Add at the end:

"or (g) in the case of the Royal Commission into the New South Wales Police Service:

(i) the person constituting that Royal Commission; or

(ii) a member of the staff of that Royal Commission;".

8. Subsection 5(1) (definition of "prescribed investigation"):

Omit "an agency", substitute "a Commonwealth agency or an eligible authority of a State".

9. Subsection 5(1) (definition of "prescribed investigation"):

Add at the end:

"or (e) in the case of the Royal Commission into the New South Wales Police Service—means an investigation that the Royal Commission is conducting in the performance of its functions under the Letters Patent establishing the Royal Commission;".

10. Subsection 5(1) (definition of "relevant offence"):

Omit "an agency", substitute "a Commonwealth agency or an eligible authority of a State".

11. Subsection 5(1) (definition of "relevant offence"):

Add at the end:

"or (g) in the case of the Royal Commission into the New South Wales Police Service—a prescribed offence that is an offence against the law of New South Wales and to which a prescribed investigation relates;".

12. Paragraph 5B(a):

Add at the end "or".

13. Paragraph 5B(b):

Add at the end "or".

SCHEDULE— continued

14. Paragraph 5B(c):

Add at the end "or".

15. Paragraph 5B(d):

Add at the end "or".

16. Paragraph 5B(e):

Add at the end "or".

17. Paragraph 5B(f):

Add at the end "or".

18. Section 5B:

Add at the end:

"; or (i) a proceeding of the Royal Commission into the New South Wales Police Service.".

19. Paragraph 6A(1)(c):

After "Criminal Justice Commission" insert ", the Royal Commission into the New South Wales Police Service".

20. Paragraph 6L(2)(b):

After "Crime Commission" insert ", the Royal Commission into the New South Wales Police Service".

21. Paragraph 68(a):

Add at the end "and".

22. Paragraph 68(b):

Add at the end "and".

23. Section 68:

Add at the end:

"; and (e) if the information relates, or appears to relate, to:

(i) an act or omission by an officer of the Police Force of a State that may give rise to an investigation by the Royal Commission into the New South Wales Police Service; or

SCHEDULE—continued

(ii) misbehaviour or improper conduct of an officer of a State that may give rise to an investigation by the Royal Commission into the New South Wales Police Service;

to the person constituting that Royal Commission.".

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[Minister's second reading speech made in—

Senate on 12 October 1994

House of Representatives on 7 December 1994