Acts of Parliament assented to - Act No. 64 and 65 of 2019

Overview

The Royal Commissions Amendment (Private Sessions) Act 2019 was enacted to address the gap in the existing framework regarding the conduct of private sessions by Royal Commissions. This legislation was designed to ensure that the processes and powers of Royal Commissions are both transparent and effective, particularly in cases where private sessions may be deemed necessary to protect sensitive information or to ensure the integrity of the inquiry. The Act was assented to by the Governor-General on 13 September 2019, reflecting the Commonwealth Parliament's commitment to enhancing the legal mechanisms for conducting thorough and fair investigations into matters of public importance. The policy objective of the Act is to provide a clear legislative basis for the conduct of private sessions, ensuring that Royal Commissions can operate within a robust framework that balances the need for confidentiality with the principles of openness and accountability.

Scope and Application

The Royal Commissions Amendment (Private Sessions) Act 2019 applies to the conduct and procedures of royal commissions established under the Royal Commissions Act 1902. This legislation is designed to enhance the powers and flexibility of royal commissions, allowing them to conduct private sessions when deemed necessary for the effective and efficient conduct of their inquiries. The Act extends to all royal commissions established under the principal Act, regardless of their specific subject matter or jurisdiction, thus impacting a broad range of inquiries into matters of public importance. It is pertinent to note that while the Act broadens the scope of royal commissions, it does not explicitly outline exclusions or thresholds; however, the exercise of powers under the Act is subject to the inherent constraints and legal principles governing the conduct of such inquiries. The Treasury Laws Amendment (Making Sure Multinationals Pay Their Fair Share of Tax in Australia and Other Measures) Act 2019 pertains to the taxation regime in Australia, specifically targeting multinational enterprises to ensure they pay their fair share of tax. This Act applies to entities with an annual global revenue exceeding AUD 1 billion, ensuring that multinational corporations with significant operations in Australia contribute appropriately to the national revenue. The geographic reach of this Act is national, with its provisions extending across the Commonwealth of Australia. It is noteworthy that the Act provides for the extension and restriction of its application through subordinate instruments, allowing for the specific targeting of tax measures as necessary. The Act does not specify particular exclusions or exemptions, but its application is contingent upon the financial thresholds and the nature of the business operations of the entities involved.

Key Provisions

The Royal Commissions Amendment (Private Sessions) Act 2019 amends the Royal Commissions Act 1902 to introduce new provisions regarding the conduct of private sessions by a Royal Commission. Section 10A(1) of the amended Act allows a Royal Commission to conduct a private session if it is satisfied that such a session is necessary in the interests of justice or public interest. Section 10A(2) stipulates that any information obtained during a private session is to be treated as confidential unless the Royal Commission otherwise orders. Section 10A(3) requires the Royal Commission to take reasonable steps to ensure that the private session is conducted in a manner that respects the privacy and dignity of the participants. The Act imposes certain obligations on the parties involved in the private sessions. Section 10A(4) mandates that any person who is required to attend a private session must do so, and provide any documents or other information as required by the Royal Commission. Section 10A(5) requires the Royal Commission to ensure that any person who attends a private session is informed of their rights, including the right to legal representation and the right to remain silent. Section 10A(6) requires the Royal Commission to take reasonable steps to ensure that any person who attends a private session is not subjected to harassment or intimidation. Breaches of the provisions of the Act may result in criminal or civil consequences. Section 10A(7) makes it an offence for a person to wilfully obstruct or interfere with a private session, or to disclose information obtained during a private session without authorisation. The maximum penalty for this offence is two years imprisonment or a fine of up to $21,000, or both. Section 10A(8) provides that any person who suffers loss or damage as a result of a breach of the confidentiality provisions may bring a civil action for damages. The Act does not specify the maximum penalty for civil breaches, but the court may award such damages as it considers just and equitable.