Software Centre Inquiry (Powers and Immunities) Act 2001 (SA)

South Australia

Software Centre Inquiry (Powers and Immunities) Act 2001

An Act to facilitate the Second Software Centre Inquiry by conferring evidentiary powers and immunities; and for other purposes.

The Parliament of South Australia enacts as follows:

1Short title

This Act may be cited as the Software Centre Inquiry (Powers and Immunities) Act 2001.

2Interpretation

In this Act—

authorised person means—

1. (a)

   the person appointed by the Crown Solicitor to conduct the Inquiry; or

2. (b)

   any person appointed by the Crown Solicitor to assist in the conduct of the Inquiry; or

3. (c)

   the secretary to the Inquiry;

evidentiary material means any document, object or substance of evidentiary value or possible evidentiary value to the Inquiry;

Inquiry means the inquiry into matters surrounding the Cramond inquiry established in response to a resolution passed by the House of Assembly on 1 March 20011.

Note—

1See Hansard for 1 March 2001 at pages 1007 to 1010, and Hansard for 13 March 2001 at pages 1030 to 1031.

3Application of certain provisions of Ombudsman Act 1972 to Inquiry

1. (1)

   The relevant provisions of the Ombudsman Act 1972 apply to and in relation to the Inquiry, as if—

   1. (a)

      the Inquiry were the investigation of an administrative act by the Ombudsman under that Act; and

   2. (b)

      the person appointed by the Crown Solicitor to conduct the Inquiry were the Ombudsman.

2. (2)

   The relevant provisions are—

   1. (a)

      section 18(2), (3) and (6); and

   2. (b)

      section 23; and

   3. (c)

      section 24.

4Power to require attendance of witnesses etc

1. (1)

   An authorised person may issue a summons requiring a person to appear before the Inquiry at a specified time and place to give evidence or to produce evidentiary material (or both).

2. (2)

   A summons to produce evidentiary material may, instead of providing for production of evidentiary material before the Inquiry, provide for production of the evidentiary material to an authorised person nominated in the summons.

3. (3)

   An authorised person may administer an oath or affirmation to a person appearing before the Inquiry.

5Obligation to give evidence

1. (1)

   If a person refuses or fails—

   1. (a)

      to comply with a summons issued under this Act; or

   2. (b)

      to make an oath or affirmation when required to do so by an authorised person; or

   3. (c)

      to answer a question on a subject relevant to the Inquiry to the best of the person's knowledge, information and belief,

the Supreme Court may, on application by an authorised person, compel the attendance of the person before the Court to give evidence or to produce evidentiary material for the purposes of the Inquiry.

1. (2)

   A person who, without reasonable excuse, refuses or fails—

   1. (a)

      to comply with a summons issued under this Act; or

   2. (b)

      to make an oath or affirmation when required to do so by an authorised person; or

   3. (c)

      to answer a question on a subject relevant to the Inquiry to the best of the person's knowledge, information and belief,

is guilty of an offence and liable to a penalty not exceeding $10 000.

6Privileges and immunities

1. (1)

   An authorised person has, in connection with the conduct of the Inquiry, and in respect of any report prepared as part of, or at the conclusion of, the Inquiry, the same protection, privileges and immunities as a Judge of the Supreme Court.

2. (2)

   A person who appears before the Inquiry, or who provides evidentiary material to the Inquiry, has the same protection, privileges and immunities as a witness in proceedings before the Supreme Court.

3. (3)

   A legal practitioner who represents a person in connection with the Inquiry has the same protection, privileges, immunities and obligations as counsel involved in proceedings before the Supreme Court.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of Act

  The Software Centre Inquiry (Powers and Immunities) Act 2001 was repealed by s 123 of the Statutes Amendment and Repeal (Simplify) Act 2017 on 15.3.2017.

  Principal Act

  Year	No	Title	Assent	Commencement
  2001	13	Software Centre Inquiry (Powers and Immunities) Act 2001	12.4.2001	12.4.2001