Royal Commissions Amendment (Records) Act 2006
No. 167, 2006
An Act to amend the Royal Commissions Act 1902, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Royal Commissions Act 1902
Royal Commissions Amendment (Records) Act 2006
No. 167, 2006
An Act to amend the Royal Commissions Act 1902, and for related purposes
[Assented to 12 December 2006]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Royal Commissions Amendment (Records) Act 2006.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Royal Commissions Act 1902
1 After subsection 6F(2)
Insert:
(2A) Subsection (2) has effect subject to subsection 9(10).
2 After section 8
Insert:
9 Custody and use of records of Royal Commission
Definitions
(1) In this section:
body means a body (whether a body corporate or not) and includes:
(a) an agency within the meaning of the Public Service Act 1999; and
(b) a Department of State for, or an agency of, a State or a Territory.
civil penalty proceeding means a proceeding for a civil penalty in relation to a contravention of a law of the Commonwealth, a State or a Territory.
confiscation proceeding means a proceeding under:
(a) the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002; or
(b) a corresponding law within the meaning of either of those Acts;
but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.
custodian of a Royal Commission record means a person who, or a body that, has custody of the record under:
(a) regulations made for the purposes of paragraph (2)(a); or
(b) a direction under subsection 22(3) of the Archives Act 1983.
disciplinary proceeding:
(a) means a proceeding of a disciplinary nature under a law of the Commonwealth, a State or a Territory; and
(b) includes action taken under Subdivision D of Division 5 of Part V of the Australian Federal Police Act 1979.
law enforcement purposes means the purposes of taking action to enforce a law of the Commonwealth, a State or a Territory and includes the following purposes:
(a) the purpose of bringing:
(i) a prosecution for an offence against a law of the Commonwealth, a State or a Territory; or
(ii) a civil penalty proceeding; or
(iii) a confiscation proceeding; or
(iv) a disciplinary proceeding;
(b) the purpose of investigating whether:
(i) an offence has been committed against a law of the Commonwealth, a State or a Territory; or
(ii) there has been a contravention of a law of the Commonwealth, a State or a Territory in relation…
Overview
The Royal Commissions Amendment (Records) Act 2006 was enacted by the Parliament of Australia to amend the Royal Commissions Act 1902. This Act aimed to address the need for more comprehensive regulations regarding the custody, use, and transfer of records produced by Royal Commissions. It provides detailed provisions for the management of Royal Commission records, including the regulation of their custody, use, and disclosure, particularly for law enforcement purposes. The Act's policy objective is to ensure that Royal Commission records are managed in a manner that supports their effective use for public interest purposes while safeguarding the rights of individuals and maintaining the integrity of legal processes.
The Royal Commissions Amendment (Records) Act 2006 allows for the creation of regulations that specify the custodianship of Royal Commission records, the purposes for which they can or cannot be used, and the circumstances under which they can be transferred or accessed by other entities. These regulations can be imposed without the consent of the records' owner if they pertain to law enforcement purposes. The Act also ensures that the custodian of these records can retain possession of them as long as it is necessary for their functions, and it protects the confidentiality and legal professional privilege of the records. The amendments introduced by this Act apply to Royal Commission records regardless of when the Royal Commission was established or reported.
Scope and Application
The Royal Commissions Amendment (Records) Act 2006 amends the Royal Commissions Act 1902 to establish provisions for the custody, use, and transfer of records generated by Royal Commissions. This Act applies to records produced by, given to, or obtained by any Royal Commission, regardless of whether the Commission was established before or after the Act's commencement. The Act applies nationally across Australia, with the Commonwealth Parliament having legislative authority over Royal Commissions. The Act specifies various custodians who may be assigned the responsibility of managing these records, including the Attorney-General of the Commonwealth, state Attorneys-General, the Director of Public Prosecutions, and several federal and state law enforcement and regulatory bodies. The Act also allows for the creation of regulations that dictate the specific purposes for which these records may be used, the circumstances under which they may be transferred or accessed, and any conditions to be met by custodians and recipients of these records. The Act provides that such records can be used for law enforcement purposes without the need for consent from the record owner, notice to them, or an opportunity for them to be heard. Additionally, the Act ensures that the legal professional privilege associated with Royal Commission records is not affected by the custody or use provisions outlined in the Act.
The Act allows for the extension and specification of its provisions through subordinate legislation, which may further detail the processes and conditions surrounding the custody, use, and transfer of Royal Commission records. The Act does not specify any exclusions or exemptions, meaning that all Royal Commission records fall under its purview, subject to the regulatory framework it establishes.
Key Provisions
- The Royal Commissions Amendment (Records) Act 2006 amends the Royal Commissions Act 1902 by introducing new provisions for the custody, use, and transfer of records created by Royal Commissions. Section 9 of the Act defines key terms and specifies the types of records that fall under its purview, namely, records produced by, given to, or obtained by a Royal Commission that are no longer required for the Commission's purposes (subsection 9(2)). The Act provides that regulations may specify the custody, use, transfer, and access conditions for these records (subsection 9(2)). It further details the types of entities that may be designated as custodians of these records, including the Attorney-General, Director of Public Prosecutions, and various law enforcement and administrative bodies (subsection 9(3)). The Act allows regulations to impose conditions on custodians and recipients of these records (subsection 9(4)), and it clarifies that if regulations specify certain records to be held by particular custodians, the Archives Act 1983 will apply as if a corresponding direction were in force (subsection 9(5)).
- The Act imposes obligations on custodians of Royal Commission records, allowing them to use the records for the performance of their functions and any other permissible purposes (subsection 9(6)). It also permits recipients, if they are public office holders or authorities, to use the records for their functions and permissible purposes (subsection 9(7)). These uses are subject to any regulatory restrictions specifying prohibited purposes or conditions (subsection 9(8)). Additionally, custodians may retain records as long as they deem necessary for their functions, despite requests for return from the record's owner (subsection 9(10)). The Act also allows custodians and recipients to use or transfer records for law enforcement purposes without requiring consent, notice, or opportunity for the record's owner to be heard (subsection 9(11)). The Act ensures that the operation of section 6DD in relation to these records remains unaffected (subsection 9(12)), and it explicitly states that the legal professional privilege of Royal Commission records is not compromised by the custody, use, or transfer provisions (subsection 9(13)).
- Breaches of the provisions outlined in the Royal Commissions Amendment (Records) Act 2006 could lead to various civil and criminal consequences. While the Act itself does not explicitly state maximum penalties, violations of regulations or unauthorised use of records could potentially lead to civil penalty proceedings under the Proceeds of Crime Act 1987 or 2002, confiscation proceedings, or disciplinary actions under relevant laws. Additionally, misuse of records for non-permitted purposes could result in legal challenges or sanctions under the relevant professional or administrative disciplinary frameworks. The specific penalties would depend on the nature of the breach and the applicable laws under which proceedings are brought.
- Area of Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Reporting & Disclosure Obligations
- Regulatory Standards
