Royal Commissioners' Powers Act Amendment Act 1959 (WA)

1959.] Royal Commissioners' Powers. [No. 2.

ROYAL COMMISSIONERS'

POWERS.

8° Elizabeth II., No. II.

No. 2 of 1959.

AN ACT to amend the Royal Commissioners' Powers

Act, 1902-1956.

[Assented to 11th August, 1959.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Royal alariattlitn.

Commissioners' Powers Act Amendment Act, 1959.

(2) In this Act, the Royal Commissioners' 0:fount:Id Powers Act, 1902, Act No. 28 of 1902 as amended moduly,f by Act No. 6 of 1914 and as further amended by

Act No. 40 of 1956, is referred to as the principal

Act.

No. 2.] Royal Commissioners' Powers. [1959.

(3) The principal Act as amended by this Act may be cited as the Royal Commissioners' Powers Act, 1902-1959.

Long title

amended. 2. The principal Act is amended by substituting

for the long title, the following

AN ACT relating to Royal Commissions and

for purposes connected therewith.

Ss. 12-16

added. 3. The principal Act is amended by adding

sections as follow-

Protection

of chair-	12. (1) Each member of a Royal Commission
man, mem-

bers of a	has, in the exercise of his duty as member, the
Royal Com-
mission, bar-	same protection and immunity as a Judge of
risters and
witnesses.	the Supreme Court.
(2) A barrister or solicitor appearing before a Royal Commission, and every other person authorised by a Royal Commission to appear before it, has the same protection and immunity as a barrister has in appearing for a party in proceedings in the Supreme Court.

Subject to this Act, a witness summoned to attend or appear before a Royal Commission has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities in any civil or criminal proceeding, as a witness in proceedings in the Supreme Court.

(3)

Power of

chairman to	(4) The chairman of a Royal Commission, person as sole Commissioner the Commissioner, may with the written consent of the Attorney General, grant to any person called as a witness, a certificate under the provisions of section eleven of the Evidence Act, 1906.
grant certi-
ficate under	or where a Royal Commission is issued to a
Evidence
Act, 1906.

1959.] Royal Commissioners' Powers. [No. 2.

13. No action or proceeding, civil or criminal, lies against the Crown in right of the State,	Proceedings
for defama- tion not to
Ile.
against a Minister or against a servant or agent of the Crown in right of the State, in respect of the printing or publishing of

(a) a transcript of proceedings of a Royal Commission; or

(b) a report of a Royal Commission.

14. The provisions of sections twelve and tZl'itielgfieda

thirteen of this Act do not limit or abridge any ;ft, Inglitled, privilege, protection or immunity existing apart or abridged'

from those provisions.

15.   A barrister or solicitor appointed by the mtti:sn

Attorney General to assist a Royal Commission, b

e zounsel

a barrister or solicitor authorised by a Royal Commission to appear before it for the purpose of representing any person, or any other person authorised to appear before it, may, so far as the Commission thinks proper, examine or cross-examine any witness on any matter which the Commission deems relevant to the inquiry and a witness so examined or cross-examined has the same protection and is subject to the same liabilities as if he were examined by a member of the Commission.

16.	A person shall not—	Offences
Royal Com- against a

(a) wilfully insult or disturb a Royal mission'

Commission;

(b)	interrupt the proceedings of a Royal Commission;
(c)	use insulting language towards a Royal

Commission or a member thereof;

(d) by writing or speech use words false and defamatory of a Royal Commission or of a member thereof; or

No. 2.] Royal Commissioners' Powers. [1959.

(e) by writing or speech use words or do any other act calculated

(i)    to influence improperly a person in relation to evidence which he may give before a Royal Com- mission;

(ii)    to influence improperly a witness before a Royal Commission; or

(iii)    to bring a Royal Commission or a member thereof into disrepute.

Penalty: One hundred pounds or imprison- ment for three months.

Ss. 12 to 16

both	17. Sections twelve to sixteen both inclusive 4. This Act shall remain in operation until the thirty-first day of December, one thousand nine hundred and sixty and no longer.
inclusive

deemed

of this Act shall be deemed to have had effect

retroactive.

as from the twentieth day of July one thousand

nine hundred and fifty-nine.