Royal Commissions Amendment Act 1982
No. 139 of 1982
An Act to amend the Royal Commissions Act 1902
[Assented to 24 December 1982]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Royal Commissions Amendment Act 1982.
(2) The Royal Commissions Act 19021 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on a date to be fixed by Proclamation.
Definitions
3. Section 1b of the Principal Act is amended—
(a) by inserting after the definition of “Commission” and “Royal Commission” the following definitions:
“‘document’ includes any book, register or other record of information, however compiled, recorded or stored;
‘legal practitioner’ means a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory;
‘member’, in relation to a Commission, means—
(a) in the case of a Commission constituted by one person—that person; or
(b) in the case of a Commission constituted by 2 or more persons—each of those persons;”; and
(b) by adding at the end thereof the following definition:
“‘relevant Commission’ means a Commission established by Letters Patent that declare that the Commission is a relevant Commission for the purposes of the provision in which the expression appears.”.
4. Sections 2, 3, 4 and 5 of the Principal Act are repealed and the following sections are substituted:
Power to summon witnesses and take evidence
“2. (1) A member of a Commission may summon a person to appear before the Commission at a hearing to give evidence and to produce such documents or other things (if any) as are referred to in the summons.
“(2) The member of a Commission presiding at a hearing of the Commission may require a person appearing at the hearing to produce a document or other thing.
“(3) A Commission may, at a hearing, take evidence on oath or affirmation and for that purpose—
(a) a member of the Commission may require a person appearing at the hearing to give evidence either to take an oath or to make an affirmation in a form approved by the member of the Commission presiding at the hearing; and
(b) a member of the Commission, or a person who is an authorized person in relation to the Commission, may administer an oath or affirmation to a person so appearing at the hearing.
“(4) In this section, a reference to a person who is an authorized person in relation to a Commission is a reference to a person authorized in writing, or a person included in a class of persons authorized in writing, for the purposes of this section by the President or Chairman of…
Overview
The Royal Commissions Amendment Act 1982 was enacted to update and refine the procedures and powers associated with royal commissions in Australia, addressing gaps and updating provisions of the Royal Commissions Act 1902. This Act was passed by the Australian Parliament, aiming to enhance the efficiency and effectiveness of royal commissions by providing clearer definitions, updated penalties, and additional powers for commissioners, while ensuring the protection of individuals involved. The Act introduces amendments to streamline the process of summoning witnesses, the handling of documents, and the penalties for non-compliance, ultimately aiming to facilitate more robust and thorough investigations by royal commissions.
Scope and Application
The Royal Commissions Amendment Act 1982 amends the Royal Commissions Act 1902 to update and enhance the powers and procedures of Royal Commissions established under Commonwealth law. The Act applies to individuals, legal practitioners, and entities that may be summoned to give evidence or produce documents before a Royal Commission. It extends to any Commission established by Letters Patent that declare it to be a relevant Commission for the purposes of the Act. The Act applies across the Commonwealth of Australia and provides the framework for the powers of Royal Commissions to summon witnesses, compel the production of documents, and issue search warrants. Notably, the Act allows for the application for search warrants by telephone in circumstances of urgency, enabling more immediate responses to potential evidence tampering or destruction. Exclusions and exemptions are limited, primarily focusing on the circumstances under which documents or evidence may be withheld from disclosure. The Act also sets out the penalties for non-compliance with the summons to appear or produce documents, refusal to be sworn or to give evidence, and the destruction of documents. The application and scope of the Act can be further defined by regulations made under its authority, ensuring it remains adaptable to the needs of Royal Commissions.
Key Provisions
- The Royal Commissions Amendment Act 1982 (Act) amends the Royal Commissions Act 1902 (Principal Act) by introducing several changes to enhance the powers and functions of Royal Commissions. The main operative sections of the Act include provisions on the power to summon witnesses and take evidence (section 2), failure of witnesses to attend or produce documents (section 3), search warrants (section 4), and the application for search warrants by telephone (section 5). These sections clarify the processes for summoning witnesses, requiring the production of documents, and issuing search warrants for Royal Commissions.
- The Act imposes several obligations on the parties and entities it governs. Members of a Royal Commission have the authority to summon witnesses to hearings, require the production of documents, and take evidence on oath or affirmation (section 2). Witnesses are required to attend hearings and produce documents as required by the Commission, with penalties for non-compliance (section 3). Royal Commissions can apply for search warrants to seize items relevant to their inquiries, with specific conditions and requirements for the execution of these warrants (section 4). The Act also outlines procedures for the application of search warrants by telephone in urgent circumstances (section 5).
- There are several offences and penalties outlined in the Act for breaches of its provisions. Failure to attend a hearing or produce documents without reasonable excuse is punishable by a fine of up to $1,000 or imprisonment for up to six months (section 3). Refusing to be sworn or to give evidence carries a penalty of a fine not exceeding $1,000 or imprisonment for a period not exceeding six months (section 6(2)). Making a false or misleading statement at a hearing is an indictable offence, punishable by imprisonment for up to five years or a fine not exceeding $20,000, though a court of summary jurisdiction may impose a lesser penalty if both parties consent (section 6h). Wilfully destroying or concealing documents that may be required in evidence before a Commission is an indictable offence, punishable by imprisonment for up to two years or a fine not exceeding $10,000, with summary jurisdiction courts imposing lesser penalties with consent (section 6k). These penalties ensure compliance with the requirements and obligations imposed by the Act.
- Area of Law
- Administrative Law
- Civil Litigation & Procedure
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Penalty Provisions
- Reporting & Disclosure Obligations