Commission of Inquiry into Manipulation of the Oil-for-Food Programme by the Iraqi Regime - 10/11/2005 (Amendment)

Overview

The C2004Q00946 Act, enacted in 2004, was introduced to address the gap in legal proceedings concerning the manipulation of the Oil-for-Food Programme by the Iraqi Regime. This piece of legislation was established by the Federal Executive Council, which was acting on advice from the relevant authorities. The primary objective of the Act was to ensure that any decisions or actions by Australian companies involved in the Oil-for-Food Programme, including BHP Limited, Tigris Petroleum Corporation Pty Limited, and AWB Limited, were thoroughly examined to determine if they constituted breaches of any law within the Commonwealth, a State, or a Territory. The Act aimed to facilitate the necessary legal proceedings if any breaches were identified, thereby upholding the integrity of Australian legal standards and international obligations.

Scope and Application

The amended Letters Patent, issued under the authority of the Commonwealth of Australia, modify the scope of the Royal Commission appointed by the Honourable Terence Rhoderic Hudson Cole AO RFD QC. This amendment focuses on investigating potential breaches of law related to the shipment of Australian wheat to Iraq, specifically examining the activities of BHP Limited (now BHP Billiton Limited), BHP Billiton Petroleum Pty Limited, BHP Petroleum Limited, Tigris Petroleum Corporation Pty Limited, Tigris Corporation Ltd, and any associated persons. The investigation encompasses the shipment of approximately 20,000 tonnes of Australian wheat to Iraq in 1996, the procurement of UN approval for this shipment, agreements made for the payment of the shipment, and the 2002 contracts for the sale of 1 million tonnes of Australian wheat to Iraq, including related UN approval processes. The Royal Commission's mandate extends to determining if these actions might have constituted a breach of any Commonwealth, State, or Territory law, thereby potentially leading to criminal or other legal proceedings. The amendment excludes certain previous scopes of inquiry, refining the focus to the specific transactions and entities mentioned.

Key Provisions

The main operative sections of this legislation involve the amendment of the Letters Patent dated 10 November 2005, which appointed a Commissioner to inquire into specific matters. The new amendment, dated 6 February 2006, introduces additional inquiry parameters (section 1(a)) and modifies the scope of the Commissioner's investigation (section 1(b)). Specifically, section 1(a) mandates the Commissioner to investigate whether certain decisions, actions, or agreements by entities such as BHP Limited, Tigris Petroleum Corporation Pty Limited, and associated persons, in relation to the shipment of Australian wheat to Iraq in 1996 and 2002, might have breached any law of the Commonwealth, a State, or a Territory. Section 1(b) adjusts the scope of the Commissioner’s inquiry by altering the conditions under which criminal or other legal proceedings might be considered, based on the findings of the inquiry. The obligations and requirements imposed by this Act on the parties involved primarily revolve around the expanded scope of the Commissioner's inquiry. The Commissioner must now investigate not only the original specified matters but also the additional matters listed in section 1(a). This includes examining whether any actions related to the shipment of Australian wheat to Iraq in 1996 and 2002, including procurement of United Nations approval, payment arrangements, and agreements made by AWB Limited, might have constituted a breach of any law. Furthermore, the Commissioner must report on whether the question of criminal or other legal proceedings arises if the affirmative answers are found in either of the specified paragraphs. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the text. However, the nature of the Commissioner's inquiry suggests that any breaches of law uncovered could potentially lead to recommendations for legal action, either civil or criminal, depending on the findings. The precise consequences would depend on subsequent actions taken by relevant authorities based on the Commissioner’s report, and could include fines, imprisonment, or other legal sanctions under the relevant laws of the Commonwealth, a State, or a Territory.