Royal Commissions Act 1991 (ACT)

Royal Commissions Act 1991   

A1991-1

Republication No 16

Effective:  23 June 2021

Republication date: 23 June 2021

Last amendment made by A2021‑12

About this republication

The republished law

This is a republication of the Royal Commissions Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Royal Commissions Act 1991

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Dictionary  2

3            Notes  2

4Offences against Act—application of Criminal Code etc 2

Part 2      Royal commissions

5            Appointment of royal commission  3

6            Commissioners  3

7           Terms and conditions of appointment  4

9            Cessation of office  4

11          Termination of appointment  4

12          Arrangements for staff  4

Part 3      Inquiries

13          Terms of reference  5

14          Conduct of inquiry  5

15          Reports of commissions  5

16          Presenting reports  6

16A           Chief Minister to explain non-presentation of report  6

Part 4      Proceedings of commissions

Division 4.1                  General

17          Determination of questions  8

18          Counsel assisting commissions  8

19          Protection of commissioners etc  8

20          Nondisclosure of information by commissioners etc  9

21          Disclosure of information by commissions  10

22          Outstanding matters  10

Division 4.2                  Evidence

23          Procedure  11

24          Privileges against self-incrimination and exposure to civil penalty          11

Division 4.3                  Powers

25          Search warrants  12

26          Inspection and retention of documents  14

Division 4.4                  Hearings

28          Power to hold  15

29          Person presiding  16

30          Conduct of hearing  16

31          Appearance and representation  16

32          Presence of people at private hearings  16

33          Examination of witnesses  17

34          Powers in relation to witnesses etc  17

34A           Appearance by audiovisual or audio links  18

35          Apprehension of witnesses failing to appear  18

35A           Proposed adverse comments in reports  19

Part 5      Miscellaneous

45Application of Criminal Code, ch 7 21

46          Contempt of commission  21

47          Protection of certain officers  21

48          No proceeding against commission  21

49          Publication of published proceedings, reports and comments protected    22

50          Reimbursement of expenses of witnesses  22

52          Regulation-making power  22

Dictionary23

Endnotes

1            About the endnotes  25

2            Abbreviation key  25

3            Legislation history  26

4            Amendment history  30

5            Earlier republications  35

Royal Commissions Act 1991

An Act relating to royal commissions

Part 1Preliminary

1. Name of Act

   This Act is the Royal Commissions Act 1991.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to an offence against this Act, pt 5 (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2Royal commissions

1. Appointment of royal commission

   (1)The Executive may appoint 1 or more people as a royal commission to inquire into a matter stated in the instrument of appointment.

   NoteFor the making of appointments, see the Legislation Act, pt 19.3.

   (2)An appointment is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

2. Commissioners

   (1)A person must not be appointed as a commissioner unless the person—

   (a)is or has been a judge; or

   (b)is a lawyer and has been a lawyer for at least 5 years.

   (2)If a commission is constituted by 2 or more people, the Executive must appoint 1 of those people to be the chairperson.

   (3)If—

   (a)a commission is constituted by 2 or more people; and

   (b)a commissioner dies, resigns or is removed from office under section 11;

   the remaining commissioners constitute the commission.

   (4)If—

   (a)a commission is constituted by more than 2 people; and

   (b)the chairperson dies, resigns or is removed from office under section 11;

   the Executive must appoint 1 of the remaining commissioners to be the chairperson.

3. Terms and conditions of appointment

   A commissioner holds office on the terms and conditions in relation to matters not provided for by this Act as are determined in writing by the Executive.

4. Cessation of office

   A commissioner ceases to hold office as a commissioner—

   (a)when the commission’s report of its inquiry has been submitted to the Chief Minister in accordance with section 15; or

   (b)if section 22 applies—when the commission notifies the Chief Minister in accordance with that section that any outstanding matters have been finalised.

   NoteA commissioner’s appointment also ends if the person resigns (see Legislation Act, s 210).

5. Termination of appointment

   The Executive may terminate the appointment of a commissioner for misbehaviour or physical or mental incapacity.

6. Arrangements for staff

   (1)The staff of a commission must be public servants made available to the commission by the head of service.

   NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

   (2)A public servant subject to an arrangement under subsection (1) must act in accordance with the direction of a commissioner, and not otherwise.

Part 3Inquiries

1. Terms of reference

   (1)The Executive may, in writing, determine the terms of reference that are to apply in relation to a matter the subject of an inquiry to be conducted by a commission.

   (2)If the Executive makes a determination under subsection (1), the commission must conduct the inquiry in accordance with the terms of reference.

   (3)A determination under subsection (1) is a notifiable instrument.

   Note A notifiable instrument must be notified under the Legislation Act.

2. Conduct of inquiry

   Except as otherwise provided by this Act, an inquiry may be conducted in the way the commission decides.

3. Reports of commissions

   (1)After completing an inquiry, a commission must—

   (a)prepare a report of the inquiry; and

   (b)submit the report to the Chief Minister.

   (2)A report must be submitted to the Chief Minister—

   (a)where the Executive has fixed a date for submission of the report—on or before that date; or

   (b)where paragraph (a) does not apply—as soon as practicable after completion of the inquiry.

   (3)A commission may submit with its report a recommendation that, for the reasons specified in the recommendation, the report or part of the report should not be published.

   (4)When submitting its report to the Chief Minister, a commission must commit any documents or things (except documents or things required for the purpose of finalising matters under section 22) then in its possession to the custody of the Chief Minister for safekeeping.

4. Presenting reports

   (1)The Chief Minister may present a copy of a report or part of a report submitted by a commission to the Legislative Assembly.

   (2)The Chief Minister may make a report or part of a report public whether or not the Legislative Assembly is sitting and whether or not the report or part has been presented to the Assembly.

   (3)The Chief Minister is not civilly or criminally liable in relation to the publication of a report or part of a report.

16AChief Minister to explain non-presentation of report

(1)This section applies if—

(a)a commission submits a report to the Chief Minister under section 16; and

(b)the Chief Minister does not present a copy of the report to the Legislative Assembly within the reporting period.

(2)On the next sitting day after the end of the reporting period, the Chief Minister must present to the Legislative Assembly a written statement explaining why a copy of the report was not presented within the reporting period.

(3)In this section:

reporting period, for a report, means the shorter of the following periods:

(a)either—

(i)if there is a sitting day within 1 month after the day the report is submitted by the commission to the Chief Minister—1 month after the day the report is submitted; or

(ii)if there is no sitting day within 1 month after the day the report is submitted by the commission to the Chief Minister—the period ending on the 1st sitting day after the report is submitted;

(b)the period ending on the 2nd last sitting day before the polling day for the next general election of members of the Legislative Assembly.

Part 4Proceedings of commissions

Division 4.1               General

1. Determination of questions

   (1)A question arising before a commission constituted by 2 or more people must be decided—

   (a)if the commission consists of more than 2 commissioners—in accordance with the opinion of a majority of the commissioners; or

   (b)if the commission consists of 2 commissioners and those commissioners are divided in opinion—in accordance with the opinion of the chairperson.

   (2)If, in relation to a question arising before a commission constituted by 2 or more people, the commissioners are not unanimous in opinion, there must, if a commissioner so requires, be recorded in the commission’s report particulars of the opinions of the commissioners on that question.

2. Counsel assisting commissions

   A commission may appoint a lawyer to assist the commission, either generally or in relation to a particular matter.

3. Protection of commissioners etc

   (1)A commissioner has, in the exercise of any function as a commissioner in relation to an inquiry, the same protection and immunity as a judge of the Supreme Court in proceedings in that court.

   (2)A lawyer assisting a commission or appearing on a person’s behalf at a hearing before a commission has the same protection and immunity as a barrister has in appearing for a party in proceedings in the Supreme Court.

   (3)Subject to this Act, a person subpoened to attend or appearing before a commission as a witness has the same protection and is subject to the same liabilities as a witness in proceedings in the Supreme Court.

4. Nondisclosure of information by commissioners etc

   (1)This section applies to—

   (a)a person who is or has been—

   (i)a commissioner; or

   (ii)a member of the staff of a commission; or

   (iii)a lawyer assisting a commission; and

   (b)any other person who has or has had access to information by virtue of that person’s office or employment under this Act.

   (2)A person to whom this section applies must not, either directly or indirectly, except in the exercise of a function under this Act—

   (a)make a record of, or divulge or communicate to any person, any information acquired by the firstmentioned person by virtue of that person’s office or employment under this Act;  or

   (b)make use of any such information; or

   (c)produce to any person, or permit any person to have access to, a document provided under this Act.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

5. Disclosure of information by commissions

   If, in the course of an inquiry, a commission obtains information that relates or may relate to the commission of an offence, or evidence of the commission of an offence, against a law of the Territory, the Commonwealth, a State or another Territory, the commission may, if in its opinion it is appropriate to do so, communicate the information or give the evidence to—

   (a)the Attorney-General or the appropriate Minister of State for the Commonwealth, a State or that other Territory; or

   (b)the chief police officer.

6. Outstanding matters

   (1)If—

   (a)a commission has submitted its report in accordance with section 15; and

   (b)there are any outstanding matters connected with the exercise by the commission of its functions under this Act;

   the commission must—

   (c)notify the Chief Minister that there are outstanding matters; and

   (d)for such time as is necessary, continue to exercise its powers under this Act for the purpose of finalising those matters.

   (2)When any outstanding matters have been finalised, the commission must—

   (a)notify the Chief Minister accordingly; and

   (b)commit any documents or things still in its possession to the custody of the Chief Minister for safekeeping.

Division 4.2               Evidence

1. Procedure

   In conducting its proceedings, a commission—

   (a)must comply with the rules of natural justice; and

   (b)is not bound by the rules of evidence but may inform itself of anything in the way it considers appropriate; and

   (c)may do whatever it considers necessary or convenient for the fair and prompt conduct of the inquiry.

2. Privileges against self-incrimination and exposure to civil penalty

   (1)This section applies if a person is required under section 34 (1) or (3) to—

   (a)produce a document or other thing; or

   (b)answer a question.

   (2)The person cannot rely on the common law privileges against self-incrimination and exposure to the imposition of a civil penalty to refuse to produce the document or other thing or answer the question.

   NoteThe Legislation Act, s 171 deals with client legal privilege.

   (3)However, any information, document or other thing obtained, directly or indirectly, because of the producing of the document or other thing, or the answering of the question, is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for—

   (a)an offence in relation to the falsity or the misleading nature of the answer, document or information; or

   (b)an offence against the Criminal Code, chapter 7 (Administration of justice offences).

Division 4.3               Powers

NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

1. Search warrants

   (1)The chairperson may issue a search warrant if—

   (a)the chairperson has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, in or on any premises, a thing of a particular kind connected with a matter into which the commission is inquiring (a thing of the relevant kind); and

   (b)the chairperson believes on reasonable grounds that, if a search warrant were not issued for the production of the thing, that thing might be concealed, lost, mutilated, destroyed or disposed of.

   (2)A search warrant must authorise a police officer or an authorised person named in the warrant with such assistance, and by such force, as is necessary and reasonable—

   (a)to enter the premises; and

   (b)to search the premises for things of the relevant kind; and

   (c)to seize any things of the relevant kind found in or on the premises; and

   (d)to deliver any thing so seized to the commission.

   (3)A search warrant must—

   (a)state the purpose for which it is issued; and

   (b)specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and

   (c)include a description of the kind of things in relation to which the powers under the warrant may be exercised; and

   (d)specify the date, being a date not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.

   (4)A search warrant may be executed, in accordance with its terms, at any time during the period commencing on the date of issue of the warrant and ending at the end of the date specified for subsection (3) (d).

   (5)If, in the course of searching under a search warrant for a thing of a relevant kind—

   (a)the person executing the warrant finds a thing that the person believes on reasonable grounds to be connected with the matter into which the commission is inquiring, although not of a kind specified in the warrant; and

   (b)the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its being concealed, lost, mutilated, destroyed or disposed of;

   the person may seize that thing and must deliver the thing so seized to the commission.

   (6)A person executing a search warrant must, on request by an occupant of the premises to which the warrant relates, show the warrant to that occupant.

   (7)A reference in subsection (1) to the chairperson includes a reference to a commissioner authorised by the chairperson to act under that subsection.

1. Inspection and retention of documents

   (1)A commission, a commissioner, a member of the staff of a commission or an authorised person may—

   (a)inspect a document or other thing produced before, or delivered to, the commission; and

   (b)retain possession of the document or thing for such period as is necessary for the purposes of the inquiry to which the document or thing relates; and

   (c)for a document produced before, or delivered to, the commission—make copies of, or take extracts from, such parts of the document as are relevant to a matter the subject of the inquiry.

   (2)Where a document is retained under subsection (1) (b)—

   (a)the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a commissioner to be a true copy and the certified copy must be received in all courts as evidence as if it were the original; and

   (b)until the certified copy is supplied, the commission must, at such times and places as it considers appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.

   (3)Where the retention of a document or other thing by a commission ceases to be necessary for the purposes of an inquiry, the commission must, if a person who appears to the commission to be entitled to the document or thing so requests, cause the document or thing to be delivered to the person.

Division 4.4               Hearings

1. Power to hold

   (1)For the purposes of conducting an inquiry, a commission may hold hearings.

   (2)Subject to subsection (3), a hearing must be in public.

   (3)If a commission is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter, or for any other reason, the commission may—

   (a)direct that a hearing or part of a hearing must take place in private and give directions as to the people who may be present; and

   (b)give directions prohibiting or restricting the publication of evidence given at a hearing (whether in public or private) or of matters contained in documents lodged with, or received in evidence by, the commission; and

   (c)give directions prohibiting or restricting the disclosure to some or all of the people present at a hearing of evidence given before, or the contents of a document lodged with or received in evidence by, the commission.

   (4)In considering whether to give a direction under subsection (3), a commission must take as the basis of its consideration the principle that it is desirable that hearings be in public and that evidence given before, or the contents of documents lodged with or received in evidence by, the commission should be made available to the public and to all people present at the hearing, but must pay due regard to any reasons given to the commission why the hearing should be held in private or why publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted.

2. Person presiding

   The chairperson must preside at a hearing.

3. Conduct of hearing

   Except as otherwise provided by this Act, the procedure at a hearing may be decided by the commission.

4. Appearance and representation

   (1)At a hearing—

   (a)a person subpoened to attend or appearing before the commission as a witness may be represented by a lawyer; and

   (b)any other person who, in the opinion of the commission, has a sufficient interest in the inquiry may appear and be represented by a lawyer.

   (2)In subsection (1) (b):

   person includes an unincorporated association.

5. Presence of people at private hearings

   If a hearing is being held in private, a person must not be present at the hearing unless the person is—

   (a)a commissioner; or

   (b)a member of the staff of the commission directed to be present; or

   (c)a lawyer assisting the commission; or

   (d)giving evidence before the commission; or

   (e)the lawyer representing the person giving evidence; or

   (f)entitled under a direction under section 28 (3) (a) to be present.

6. Examination of witnesses

   At a hearing—

   (a)a lawyer assisting the commission; or

   (b)any other person present who is permitted by the chairperson to do so;

   may, so far as the commission considers appropriate, examine or cross-examine a witness on any matter that the commission considers relevant to its inquiry.

7. Powers in relation to witnesses etc

   (1)The chairperson, or a person authorised in writing by the chairperson, may, by written notice given to a person (a subpoena), require the person to appear before the commission at a hearing, at a stated time and place, to do either or both of the following:

   (a)to give evidence;

   (b)to produce a stated document or other thing relevant to the hearing.

   (2)A person is taken to have complied with a subpoena under subsection (1) (b) if the person gives the document or other thing to the commission before the date stated in the subpoena for its production.

   (3)The chairperson may require a witness appearing at a hearing before the commission to give evidence to do 1 or more of the following:

   (a)to take an oath;

   (b)to answer a question relevant to the hearing;

   (c)to produce a stated document or other thing relevant to the hearing.

   NoteOath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

34AAppearance by audiovisual or audio links

(1)This section applies if, in relation to a hearing or a part of a hearing (the relevant hearing), a commission has given a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (1) (Territory courts may take evidence and submissions from participating States) or section 32 (1) (Territory courts may take evidence and submissions from another place).

(2)Where this section applies a person who, in a relevant hearing—

(a)is required or entitled to appear personally, whether as a party or as a witness; or

(b)is entitled to appear for another person;

may appear in that hearing and participate or give evidence, as the case requires, in accordance with the direction.

(3)A person who appears in a relevant hearing in accordance with this section is be taken to be before the commission.

1. Apprehension of witnesses failing to appear

   (1)If a person served with a subpoena to appear before a commission as a witness fails to appear or attend under the subpoena, the chairperson may, on proof of the service of the subpoena, issue a warrant for the apprehension of the person.

   (2)A warrant authorises—

   (a)the apprehension of the witness; and

   (b)the bringing of the witness before the commission; and

   (c)the detention of the witness in custody for that purpose until the witness is released by order of the chairperson.

   (3)A warrant may be executed by—

   (a)a police officer; or

   (b)a member of the police service or force of a State or the Northern Territory; or

   (c)the person to whom it is addressed.

   (4)The person executing a warrant may, with such assistance, and by such force, as is necessary and reasonable, enter any premises for the purpose of executing the warrant.

   (5)The apprehension of a witness under this section does not relieve the witness from any liability incurred by reason of noncompliance by the witness with the subpoena.

35AProposed adverse comments in reports

(1)The commission must not include a comment in a report of an inquiry that is adverse to an entity who is identifiable from the report unless the commission has, before making the report, given the entity a copy of the proposed comment and a written notice under subsection (2).

(2)The written notice to the entity must—

(a)tell the entity that the entity may—

(i)make a submission to the commission in relation to the proposed adverse comment; or

(ii)give the commission a written statement in relation to the proposed adverse comment; and

(b)tell the entity that, if the entity makes a submission or gives a written statement in relation to the comment, the submission or statement, or a summary of it, will be included in the commission’s report of the inquiry; and

(c)state the period within which a submission may be made or statement given.

(3)The period allowed under subsection (2) (c) must end not earlier than 14 days after the day the notice is given.

(4)A copy of a submission made, or statement given, in relation to the comment within the time allowed, must be included in the commission’s report of the inquiry.

(5)However, if the board is satisfied on reasonable grounds that a submission made, or statement given, in relation to the comment is excessively long or contains defamatory or offensive language, the board may include a fair summary of the submission or statement in the report of the inquiry instead of the submission or statement.

Part 5Miscellaneous

1. Application of Criminal Code, ch 7

   A proceeding of a commission is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

   NoteThat chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to commission proceedings.

2. Contempt of commission

   A person commits an offence if the person does something in the face, or within the hearing, of a commission that would be contempt of court if the commission were a court of record.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

3. Protection of certain officers

   A person who is or has been—

   (a)    a public servant; or

   (b)a person acting under the direction of a commissioner;

   is not liable, personally, to an action or other proceeding for or in relation to an act done or omitted to be done honestly in the exercise or purported exercise of any function given to the person in that capacity for this Act.

4. No proceeding against commission

   A proceeding for an injunction, declaration or prerogative order must not be brought against a commission.

5. Publication of published proceedings, reports and comments protected

   (1)The proceedings of a hearing before a commission are taken to be proceedings of public concern for the Civil Law (Wrongs) Act 2002, section 139 (Defences of fair report of proceedings of public concern).

   (2)Subsection (1) does not apply in relation to the publication of a report of proceedings, or a part of proceedings, if a direction given under section 28 (3) restricts publication of the proceedings or part of them and the publication of the report contravenes the direction.

   (3)A report of a commission that has been made public by the Chief Minister is taken to be a public document for the Civil Law (Wrongs) Act 2002, section 138 (Defence for publication of public documents).

6. Reimbursement of expenses of witnesses

   A witness appearing before a commission is entitled to be paid by the Territory in relation to the expenses of the attendance of the witness an amount authorised in accordance with the Supreme Court scale of costs.

7. Regulation-making power

   The Executive may make regulations for this Act.

   Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     director‑general (see s 163)

·     Executive

·     exercise

·     function

·     month

·     under.

authorised person means a person declared in writing by the chairperson to be an authorised person for this Act.

chairperson means—

(a)the chairperson of a commission appointed under section 6 (2) or (4); or

(b)for a commission constituted by 1 person—that person.

commission means—

(a)a royal commission appointed under section 5; and

(b)for an inquiry—the royal commission appointed to conduct that inquiry.

commissioner means—

(a)for a commission constituted by 1 person—that person; or

(b)for a commission constituted by 2 or more people—each of those people.

judge means—

(a)a justice of the High Court; or

(b)a judge of the Federal Court or Family Court; or

(c)a judge of the Supreme Court; or

(d)a judge of the Supreme Court of a State or the Northern Territory.

premises includes—

(a)a building or other structure; and

(b)an aircraft, vehicle or vessel; and

(c)a place, whether enclosed or built on, or not.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Royal Commissions Act 1991 A1991‑1

   notified 1 March 1991 (Gaz 1991 No S7)
   s 1, s 2 commenced 1 March 1991 (s 2 (1))

   remainder commenced 1 May 1991 (s 2 (2) and Gaz 1991 No 16)

   as amended by

   Acts Revision (Position of Crown) Act 1993 A1993-44 sch 2

   notified 27 August 1993 (Gaz 1993 No S165)

   commenced 27 August 1993 (s 2)

   Judicial Commissions (Consequential Amendments) Act 1994 A1994‑10 s 10

   notified 14 March 1994 (Gaz 1994 No S44)

   commenced 14 March 1994 (s 2)

   Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994‑38 sch 1 pt 71

   notified 30 June 1994 (Gaz 1994 No S121)
   s 1, s 2 commenced 30 June 1994 (s 2 (1))

   sch 1, pt 71 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)

   Remuneration Tribunal (Consequential Amendments) Act 1997 A1997‑41 sch 1 (as am by A2002‑49 amdt 3.222)

   notified 19 September 1997 (Gaz 1997 No S264)
   s 1, s 2 commenced 19 September 1997 (s 2 (1))

   sch 1 commenced 24 September 1997 (s 2 as am by A2002‑49 amdt 3.222)

   Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 sch 1

   notified 1 December 1997 (Gaz 1997 No S380)
   s 1, s 2 commenced 1 December 1997 (s 2 (1))

   sch 1 commenced 1 June 1998 (s 2 (2))

   Statute Law Revision (Penalties) Act 1998 A1998‑54 sch

   notified 27 November 1998 (Gaz 1997 No S207)
   s 1, s 2 commenced 27 November 1998 (s 2 (1))

   sch commenced 1 June 1998 (s 2 (2) and Gaz 1998 No 49)

   Custodial Escorts (Consequential Provisions) Act 1998 A1998‑67 pt 13

   notified 23 December 1998 (Gaz 1998 No S212)
   s 1, s 2 commenced 23 December 1998 (s 2 (1))

   pt 13 commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51)

   Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 A1999‑22 pt 13

   notified 14 April 1999 (Gaz 1999 No S16)
   s 1, s 2 commenced 14 April 1999 (s 2 (1))

   pt 13 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)

   Justice and Community Safety Legislation Amendment Act 2000 (No 3) A2000‑17 sch 1

   notified 1 June 2000 (Gaz 1997 No 22)

   commenced 1 June 2000 (s (2))

   Legislation (Consequential Amendments) Act 2001 A2001-44 pt 352

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 352 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2002 (No 2) A2002‑49 amdt 3.222

   notified LR 20 December 2002
   s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))

   amdt 3.222 commenced 24 September 1997 (s 2 (3))

   NoteThis Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 A1997‑41 .

   Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.13

   notified LR 31 October 2003
   s 1, s 2 commenced 31 October 2003 (LA s 75 (1))

   sch 2 pt 2.13 commenced 30 April 2004 (s 2 and LA s 79)

   Royal Commissions Amendment Act 2003 A2003-53

   notified LR 3 December 2003
   s 1, s 2 commenced 3 December 2003 (LA s 75 (1))

   remainder commenced 4 December 2003 (s 2)

   Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.82

   notified LR 26 March 2004
   s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

   sch 2 pt 2.82 commenced 9 April 2004 (s 2 (1))

   Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.29

   notified LR 26 October 2005
   s 1, s 2 commenced 26 October 2005 (LA s 75 (1))

   sch 1 pt 1.29 commenced 23 November 2005 (s 2)

   Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.31

   notified LR 18 May 2006
   s 1, s 2 commenced 18 May 2006 (LA s 75 (1))

   sch 1 pt 1.31 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

   Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.29

   notified LR 28 September 2006
   s 1, s 2 commenced 28 September 2006 (LA s 75 (1))

   sch 2 pt 2.29 commenced 29 September 2006 (s 2 (1))

   Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.20

   notified LR 26 October 2006
   s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
   sch 3 pt 3.20 commenced 16 November 2006 (s 2 (1))

   Justice and Community Safety Legislation Amendment Act 2010 (No 3) A2010-40 sch 2 pt 2.11

   notified LR 5 October 2010
   s 1, s 2 commenced 5 October 2010 (LA s 75 (1))
   s 3 commenced 6 October 2010 (s 2 (1))

   sch 2 pt 2.11 commenced 2 November 2010 (s 2 (2))

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.139

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.139 commenced 1 July 2011 (s 2 (1))

   Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.57

   notified LR 25 August 2016
   s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
   sch 1 pt 1.57 commenced 1 September 2016 (s 2)

   Courts and Other Justice Legislation Amendment Act 2018 A2018-9 pt 15

   notified LR 29 March 2018
   s 1, s 2 commenced 29 March 2018 (LA s 75 (1))
   pt 15 commenced 26 April 2018 (s 2)

   Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.52

   notified LR 9 June 2021
   s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
   sch 3 pt 3.52 commenced 23 June 2021 (s 2 (1))

2. Amendment history

   Name of Act

   s 1sub A2006‑42 amdt 3.176

   Dictionary

   s 2om A2001‑44 amdt 1.3827

   ins A2006‑42 amdt 3.177

   Notes

   s 3orig s 3

   om A2006‑42 amdt 3.177

   def authorised person om A2006‑42 amdt 3.177

   def chairperson om A2006‑42 amdt 3.177

   def chief police officer om A2006‑42 amdt 3.177

   def commission om A2006‑42 amdt 3.177

   def commissioner om A2006‑42 amdt 3.177

   def judge om A2006‑42 amdt 3.177

   def legal practitioner om A1997‑96 sch 1

   def premises om A2006‑42 amdt 3.177

   pres s 3

   (prev s 4) ins A2005‑53 amdt 1.141

   renum as s 3 A2006‑42 amdt 3.178

   Notes

   s 4orig s 4

   om A1993‑44 sch 2

   prev s 4

   renum as s 3

   pres s 4

   (prev s 4A) ins A2005‑53 amdt 1.141

   renum as s 4 A2006‑42 amdt 3.178

   Offences against Act—application of Criminal Code etc

   s 4Arenum as s 4

   Appointment of royal commission

   s 5am A2001‑44 amdts 1.3828-1.3830

   sub A2006‑42 amdt 3.179

   Commissioners

   s 6am A2006‑42 amdt 3.180, amdt 3.181, amdt 3.201

   Remuneration and allowances

   s 8am A1994‑10 s 10

   om A1997‑41 sch 1

   Cessation of office

   s 9am A2006‑42 amdt 3.182

   Resignation

   s 10om A2006‑42 amdt 3.183

   Arrangements for staff

   s 12am A1994‑38 sch 1 pt 71; A2011‑22 amdt 1.397

   sub A2016‑52 amdt 1.155

   Terms of reference

   s 13am A2001‑44 amdt 1.3831, amdt 1. 3832

   Conduct of inquiry

   s 14sub A2006‑42 amdt 3.184

   Reports of commissions

   s 15am A1994‑10 s 10

   Presenting reports

   s 16sub A2003‑53 s 4

   Chief Minister to explain non-presentation of report

   s 16Ains A2003‑53 s 4

   am A2006‑42 amdt 3.185

   General

   div 4.1 hdg(prev pt 4 div 1 hdg) renum R3 LA

   Determination of questions

   s 17am A2006‑42 amdt 3.201

   Counsel assisting commissions

   s 18am A1997‑96 sch 1; A2006‑42 amdt 3.200

   Protection of commissioners etc

   s 19am A2005‑53 amdt 1.142; A2006‑42 amdt 3.186, amdt 3.200

   Nondisclosure of information by commissioners etc

   s 20am A1997‑96 sch 1; A1998‑54 sch ; A2006‑42 amdt 3.187, amdt 3.188, amdt 3.200

   Disclosure of information by commissions

   s 21am A2006‑42 amdt 3.189

   Outstanding matters

   s 22am A1994‑10 s 10; A2006‑42 amdt 3.190

   Evidence

   div 4.2 hdg(prev pt 4 div 2 hdg) renum R3 LA

   Procedure

   s 23sub A2003‑53 s 5

   Privileges against self-incrimination and exposure to civil penalty

   s 24sub A2005‑53 amdt 1.143

   Powers

   div 4.3 hdg(prev pt 4 div 3 hdg) renum R3 LA

   div 4.3 hdg note     ins A2006‑42 amdt 3.191

   Search warrants

   s 25am A1994‑10 s 10

   Additional powers

   s 27om A2006‑42 amdt 3.192

   Hearings

   div 4.4 hdg(prev pt 4 div 4 hdg) renum R3 LA

   Power to hold

   s 28am A2006‑42 amdt 3.201

   Conduct of hearing

   s 30sub A2006‑42 amdt 3.193

   Appearance and representation

   s 31am A2005‑53 amdt 1.144; A2006‑42 amdt 3.200

   Presence of persons at private hearings

   s 32 hdgam A2006‑42 amdt 3.201

   s 32am A1997‑96 sch 1; A2006‑42 amdt 3.200

   Examination of witnesses

   s 33am A1997‑96 sch 1; A2006‑42 amdt 3.200

   Powers in relation to witnesses etc

   s 34am A1994‑10 s 10; A2001‑44 amdt 1.3833

   sub A2005‑53 amdt 1.145

   Appearance by audiovisual or audio links

   s 34Ains A1999‑22 s 36

   am A2000‑17 sch 1; A2003‑48 amdt 2.18; A2010‑40 amdt 2.19; A2018‑9 s 112

   Apprehension of witnesses failing to appear

   s 35am A1998‑67 s 43; A2005‑53 amdt 1.146; A2006‑23 amdt 1.279, amdt 1.280

   Proposed adverse comments in reports

   s 35Ains A2003‑53 s 6

   Obstruction of authorised persons

   s 35B(prev s 35A) ins A1994‑10 s 10

   am A1998‑54 sch

   renum R4 LA

   om A2004‑15 amdt 2.172

   Failure of witnesses to attend or produce documents

   s 36am A1998‑54 sch

   om A2005‑53 amdt 1.147

   Refusal to be sworn or give evidence

   s 37am A1998‑54 sch

   om A2005‑53 amdt 1.147

   False evidence

   s 38am A1998‑54 sch

   om A2005‑53 amdt 1.147

   Improper dealings with documents

   s 39am A1998‑54 sch

   om A2005‑53 amdt 1.147

   Intimidation or dismissal of witnesses

   s 40am A1994‑10 s 10; A1998‑54 sch

   om A2005‑53 amdt 1.147

   Preventing witnesses from attending

   s 41am A1998‑54 sch

   om A2005‑53 amdt 1.147

   Bribery of witnesses

   s 42am A1998‑54 sch

   om A2005‑53 amdt 1.147

   Fraud on witnesses

   s 43am A1998‑54 sch

   om A2005‑53 amdt 1.147

   Contempt of commissions

   s 44am A1998‑54 sch

   om A2005‑53 amdt 1.147

   Miscellaneous

   pt 5 hdgorig pt 5 hdg om A2005‑53 amdt 1.147

   (prev pt 6 hdg) renum A2005‑53 amdt 1.150

   Application of Criminal Code, ch 7

   s 45am A1997‑96 sch 1; A1998‑54 sch

   om A2005‑53 amdt 1.147

   ins A2005‑53 amdt 1.148

   Contempt of commission

   s 46am A1998‑54 sch

   om A2005‑53 amdt 1.147

   ins A2005‑53 amdt 1.148

   Protection of certain officers

   s 47am A2006‑42 amdt 3.194

   No proceeding against commission

   s 48sub A2006‑40 amdt 2.171

   Publication of published proceedings, reports and comments protected

   s 49am A1994‑10 s 10

   sub A2003‑53 s 7

   am A2006‑42 amdt 3.195, amdt 3.196

   References to subpoena

   s 50Ains A2005‑53 amdt 1.149

   exp 23 November 2006 (s 50A (2))

   Approved forms

   s 51sub A2001‑44 amdt 1.3834

   am A2006‑42 amdt 3.197, amdt 3.198

   omA2021-12 amdt 3.163

   Regulation-making power

   s 52ins A2001‑44 amdt 1.3834

   Miscellaneous

   pt 6 hdgrenum as pt 5 hdg

   Dictionary

   dictins A2006‑42 amdt 3.199

   am A2011‑22 amdt 1.398

   def authorised person ins A2006‑42 amdt 3.199

   def chairperson ins A2006‑42 amdt 3.199

   def commission ins A2006‑42 amdt 3.199

   def commissioner ins A2006‑42 amdt 3.199

   def judge ins A2006‑42 amdt 3.199

   def premises ins A2006‑42 amdt 3.199

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R0A 18 Oct 2007	27 Aug 1993– 13 Mar 1994	A1993‑44	amendments by A1993‑44
R0B 18 Oct 2007	14 Mar 1994– 30 June 1994	A1994‑10	amendments by A1994‑10
R1 28 Feb 1995	1 July 1994– 23 Sept 1997	A1994‑38	amendments by A1994‑38
R1 (RI) 18 Oct 2007	1 July 1994– 23 Sept 1997	A1994‑38	reissue of printed version
R1A 18 Oct 2007	24 Sept 1997– 31 May 1998	A1997‑41	amendments by A1997‑41 and includes retrospective amendments by A2002‑49
R1B 18 Oct 2007	23 Dec 1998– 31 Aug 1999	A1998‑67	amendments by A1997‑96, A1998‑54 and A1998‑67 and includes retrospective amendments by A2002‑49
R2 1 Sept 1999	1 Sept 1999– 31 May 2000	A1999‑22	amendments by A1999‑22
R2 (RI) 18 Oct 2007	1 Sept 1999– 31 May 2000	A1999‑22	amendments by A1999‑22 and includes retrospective amendments by A2002‑49
R2A 18 Oct 2007	1 June 2000– 11 Sept 2001	A2000‑17	amendments by A2000‑17 and includes retrospective amendments by A2002‑49
R3 18 Feb 2002	12 Sept 2001– 3 Dec 2003	A2001‑44	amendments by A2001‑44
R3 (RI) 18 Oct 2007	12 Sept 2001– 3 Dec 2003	A2001‑44	reissue for retrospective amendments by A2002‑49
R4 4 Dec 2003	4 Dec 2003– 8 Apr 2004	A2003‑53	amendments by A2003‑53
R5 9 Apr 2004	9 Apr 2004– 29 Apr 2004	A2004‑15	amendments by A2004‑15
R6 30 Apr 2004	30 Apr 2004– 22 Nov 2005	A2004‑15	amendments by A2003‑48
R7 23 Nov 2005	23 Nov 2005– 1 June 2006	A2005‑53	amendments by A2005‑53
R8 2 June 2006	2 June 2006– 28 Sept 2006	A2006‑23	amendments by A2006‑23
R9 29 Sept 2006	29 Sept 2006– 15 Nov 2006	A2006‑40	amendments by A2006‑40
R10 16 Nov 2006	16 Nov 2006– 23 Nov 2006	A2006‑42	amendments by A2006‑42
R11 24 Nov 2006	24 Nov 2006– 1 Nov 2010	A2006‑42	commenced expiry
R12 2 Nov 2010	2 Nov 2010– 30 June 2011	A2010‑40	amendments by A2010‑40
R13 1 July 2011	1 July 2011– 31 Aug 2016	A2011‑22	amendments by A2011‑22
R14 1 Sept 2016	1 Sept 2016– 25 April 2018	A2016‑52	amendments by A2016‑52
R15 26 Apr 2018	26 Apr 2018– 22 June 2021	A2018‑9	amendments by A2018‑9

©  Australian Capital Territory 2021