Royal Commissions Act 1902
No. 12, 1902
Compilation No. 25
Compilation date: 28 March 2026
Includes amendments: Act No. 4, 2026
About this compilation
This compilation
This is a compilation of the Royal Commissions Act 1902 that shows the text of the law as amended and in force on 28 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
1A Power to issue Royal Commission
1B Definitions
1C Application of the Criminal Code
Part 2—Hearings and coercive and other powers of Royal Commissions
2 Power to summon witnesses and take evidence
3 Failure of witnesses to attend, produce documents or give information or statements
4 Search warrants
5 Application by telephone for search warrants
6 Penalty for refusing to be sworn or to give evidence
6AA Legal professional privilege
6AB Offences relating to claims for legal professional privilege
6A Self incrimination
6B Arrest of witness failing to appear
6C Acts or omissions on different days to constitute separate offences
6D Rights of witness
6DD Statements made by witness not admissible in evidence against the witness
6F Power of Commission in relation to documents and other things
6FA Examination of witnesses by counsel etc.
6G Witness to be paid expenses
Part 3—Offences
6H False or misleading evidence
6I Bribery of witness
6J Fraud on witness
6K Destroying documents or other things
6L Preventing witness from attending
6M Injury to witness
6N Dismissal by employers of witness
6O Contempt of Royal Commission
Part 4—Private sessions…
Overview
The Royal Commissions Act 1902, enacted by the Parliament of Australia, was introduced to address the need for a formal framework to conduct comprehensive investigations into significant matters of public importance. This legislation grants the Governor-General the authority to issue commissions to inquire into specified matters related to the peace, order, and good government of the Commonwealth or any public purpose. The Act outlines the powers of Royal Commissions, including the ability to summon witnesses, take evidence, and issue search warrants. It also establishes the legal framework for dealing with offences such as providing false evidence, bribery, and contempt of the Commission. The Act aims to ensure that Royal Commissions can effectively and efficiently conduct their inquiries while protecting the rights of individuals involved and maintaining the integrity of the investigation process.
Scope and Application
The Royal Commissions Act 1902 provides the legal framework for the establishment and operation of Royal Commissions in Australia. This Act empowers the Governor-General to issue commissions to authorise investigations into matters affecting the peace, order, and good governance of the Commonwealth. The Act applies to all persons and entities within the jurisdiction of the Commonwealth, including public and private bodies, government departments, corporations, and individuals. It extends to all transactions and conduct that fall within the scope of the matters specified in the Letters Patent issued under the Act. The Act's reach is national, as it pertains to the federal level of government in Australia. The Act does not specify exclusions or exemptions but provides for various offences and penalties for non-compliance with its provisions. The application of the Act can be extended or restricted through subordinate instruments, such as regulations, which can provide detailed rules and procedures for specific aspects of the Act.
Key Provisions
- The Royal Commissions Act 1902 establishes the framework for issuing Royal Commissions in Australia. Under this Act, the Governor-General can issue Letters Patent to authorize a Royal Commission to inquire into and report on matters related to the peace, order, and good government of the Commonwealth. The Act outlines the powers of Royal Commissions to summon witnesses, require the production of documents, and take evidence on oath or affirmation. It also provides coercive measures, such as the ability to issue search warrants, to ensure compliance with these requirements. The Act imposes strict obligations on individuals to comply with summonses, produce documents, and give evidence. Failure to comply can result in imprisonment for up to two years.
- The Act further outlines various offences related to the conduct of Royal Commissions, including giving false or misleading evidence, bribery of witnesses, fraud, and destruction of documents. These offences carry significant penalties, including fines and imprisonment, to ensure the integrity of the inquiry process. Additionally, the Act provides protections for witnesses, including the right to be paid for their attendance, and prohibits the use of statements made by witnesses in subsequent legal proceedings against them.
- In terms of privacy and confidentiality, the Act allows for private sessions to be held for certain Royal Commissions, such as those investigating child sexual abuse, violence against people with disability, and defence and veteran suicide. It provides strict protections for information obtained during these private sessions, ensuring that such information cannot be used in subsequent legal proceedings against the individuals who provided it.
- Finally, the Act addresses the communication of information obtained during Royal Commissions to other authorities, the custody and use of Royal Commission records, and the institution of proceedings for offences against the Act. It also includes provisions for the payment of allowances to witnesses and the regulation of costs in proceedings under the Act. Overall, the Royal Commissions Act 1902 provides a comprehensive legal framework to ensure the effective and fair conduct of Royal Commissions in Australia.
- Area of Law
- Administrative Law
- Criminal Law
- Evidence Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Transitional Provisions
- Delegated & Subordinate Legislation
- Prohibited Conduct