Royal Commissions Act 1933 (Cth)

ROYAL COMMISSIONS.

No. 1 of 1933.

An Act to amend the Royal Commissions Act 1902-1912.

[Assented to 27th May, 1933.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.)  This Act may be cited as the Royal Commissions Act 1933.

(2.) The Royal Commissions Act 1902-1912 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Royal Commissions Act 1902-1933.

Evidence may be taken in private.

2. Section six d of the Principal Act is amended by inserting at the end thereof the following sub-sections:—

“(2.) If any witness before a Royal Commission requests that his evidence relating to a particular subject be taken in private on the ground that the evidence relates to the profits or financial position of any person, and that the taking of the evidence in public would be unfairly prejudicial to the interests of that person, the Commission may, if it thinks proper, take that evidence in private, and no person who is not expressly authorized by the Commission to be present shall be present during the taking of that evidence.

“(3.) The Commission may direct that any evidence given before it, or the contents of any documents, books or writings produced at the inquiry, shall not be published.

“(4.) Any person who makes any publication in contravention of any direction given under the last preceding sub-section shall be guilty of an offence.

Penalty: Five hundred pounds or imprisonment for six months.

 

“(5.) This section shall be read as in aid of and not as in derogation of the Commission’s general powers to order that any evidence may be taken in private.”.

Power of Commission in relation to documents.

3. Section six f of the Principal Act is amended—

(a)by inserting after the word “Commission” the words “,a Commissioner or a person thereto authorized in writing by the President or Chairman of the Commission, or by the sole Commissioner, as the case may be,”;

(b) by omitting the word “it” (first occurring) and inserting in its stead the words “the Royal Commission”; and

(c) by inserting after the word “it” (second occurring) the words “or he”.

4. After section six f of the Principal Act the following section is inserted:—

Examination of witnesses by counsel, &c.

“6fa. Any barrister or solicitor appointed by the Attorney General to assist a Commission, any person authorized by a Commission to appear before it, or any barrister or solicitor authorized by a Commission to appear before it for the purpose of representing any person, 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 any witness so examined or cross-examined shall have the same protection and be subject to the same liabilities as if examined by any of the Commissioners, or by the sole Commissioner, as the case may be.”.