Royal Commissions (Amendment) Act 1987 (NSW)

ROYAL COMMISSIONS (AMENDMENT) ACT !987 No. 151

NEW SOUTH WALES

TABLE OF PROVISIONS

1.      Short title

2.       Commencement

3.       Amendment of Act No. 29, 1923

4.      Transitional

SCHEDULE 1—AMENDMENTS

ROYAL COMMISSIONS (AMENDMENT) ACT 1987 No. 151

NEW SOUTH WALES

Act No. 151, 1987

An Act to amend the RoyaJ Commissions Act 1923 to make further provision with respect to the powers of Royal Commissioners; and in other respects. [Assented to 5 November 1987]

2  Act No. 151

Royal Commissions (Amendmeiu) 1987

The Legislature of New South Wales enacts:

Short title

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

1987.

Commencement

2.     This Act shall commence on the date of assent to this Act.

Amendment of Act No. 29, 1923

3. The Royal Commissions Act 1923 is amended as set out in Schedule

L

Transitional

4. The Royal Commissions Act 1923, as amended by this Act, applies

to a commission under that Act even if it was issued before the

commencement of this Act.

SCHEDULE 1—AMENDMENTS

(Sec. 3)

(1) Sections 2 (Arrangement), 3 (Repeals and savings)—

Omit the sections.

(2) Section 4 (Interpretation)—

Omit “Great Seal”, insert instead “Public Seal”.

(3) Section 5 (Commissioners)—

Section 5 (1)—

Omit “Great Seal”, insert instead “Public Seal”.

(4) Part II, Division 2, heading—

Omit the heading, insert instead;

Division 2—Commission to certain Judges—special powers

(5) Section I 5 (Application of Division)—

(a)

Section 1 5 (1)—

Omit "judge” , insert instead “Judge” .

(b) Section 1 5 (2), (3)—

Omit section 15 (2), insert instead;

(2)	The provisions of this Division shall also have effect if—
(a)	the chairman of a commission or the sole commissioner is a Judge of the High Court, the Supreme Court of another State or a Territory or the Federal Court; and

Royal Commissions (Amendment) 1987

SCHEDULE 1—AMENDMENTS—

(b) in the letters patent by which the commission is issued, or in other letters patent under the Public Seal, the Governor declares that the provisions of this Division arc to have effect in relation to the commission.

(3) In this Division—

“commissioner” means such a Judge as chairman or sole

commissioner.

(6) Section 17 (Answers and documents)—

(a)	Section 17 (4)—
After “ issued”, insert or in other letters patent under the Public

Seal,".

(b) Section 1 7 (5)—

After section 17 (4), insert:

(5) .A declaration under section 15 (2) that the provisions of this Division are to have effeet is not sufiieient to apply this section unless the declaration specifically slates that this section shall apply to and with respect to the inquiry.

(7) Schedule—

Omit the Schedule.