PETROL COMMISSION.
No. 2 of 1933.
An Act to facilitate the proceedings of the Royal Commission appointed to hold an Inquiry respecting certain matters in relation to Mineral Oils, and Petrol and other products of Mineral Oils.
[Assented to 29th May, 1933.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Petrol Commission Act 1933.
Powers, &c., of Commission.
2. The Commission appointed by the Governor-General on the sixth day of April, One thousand nine hundred and thirty-three, by Letters Patent, in the name of the King, directed to Sydney Ernest Lamb, Esquire, the Honorable John Gunn and Arthur Justin Hancock, Esquire, to make inquiry and report into and upon certain matters specified in the Letters Patent in relation to the operations of the importation into Australia, and the refining, treatment, distribution and sale in Australia of mineral oils, and petrol and other products of mineral oils, shall have all the powers, rights and privileges which are specified in the Royal Commissions Act 1902-1933 as appertaining to a Royal Commission, and the provisions contained in that Act shall have effect as if they were herein enacted and in terms made applicable to the Commission so appointed.
Quorum
3. For the purpose of taking evidence, two members of the Commission referred to in the last preceding section shall be sufficient to constitute a quorum.
Overview
The Petrol Commission Act 1933 was enacted to facilitate the proceedings of the Royal Commission appointed to investigate specific matters concerning the importation, refining, treatment, distribution, and sale of mineral oils, petrol, and other products derived from mineral oils in Australia. This legislation was introduced to address concerns and issues related to the operations within this sector, and it was enacted by the Parliament of Australia on the 29th of May, 1933. The Act empowers the Commission with the same rights, privileges, and provisions outlined in the Royal Commissions Act 1902-1933, ensuring a comprehensive framework for the inquiry process.
The Petrol Commission Act 1933 establishes that the Commission, consisting of Sydney Ernest Lamb, John Gunn, and Arthur Justin Hancock, will have the authority to conduct thorough investigations and produce reports on the specified matters. With a quorum of just two members required to take evidence, the Act aims to ensure efficiency and effectiveness in the Commission's operations, thereby addressing the identified gaps and problems in the regulation and oversight of mineral oil and petrol products in Australia.
Scope and Application
The Petrol Commission Act 1933 applies to a Royal Commission appointed to investigate specific matters related to the importation, refining, treatment, distribution, and sale of mineral oils, petrol, and other products derived from mineral oils within Australia. This Act empowers the appointed Commission with the same rights, privileges, and powers as those outlined in the Royal Commissions Act 1902-1933, ensuring the Commission can effectively carry out its mandate. The Act specifies that only two members of the Commission are required to form a quorum for the purpose of taking evidence, streamlining the procedural aspects of the inquiry. The jurisdiction of this Act is nationwide, affecting the entire Commonwealth of Australia, thereby encompassing all relevant industries and transactions within its scope. There are no stated exclusions, exemptions, or thresholds in this Act; however, its application may be extended or restricted through subordinate instruments or regulations that may be introduced under its authority.
Key Provisions
The Petrol Commission Act 1933 (referred to as the "Act") outlines the mandate and powers of a Royal Commission appointed to investigate certain matters related to mineral oils, petrol, and other products derived from mineral oils in Australia. Section 2 of the Act states that the Commission, which comprises Sydney Ernest Lamb, John Gunn, and Arthur Justin Hancock, is granted the same powers, rights, and privileges as those specified in the Royal Commissions Act 1902-1933. These provisions are deemed to be incorporated into the Act and applied to this specific Commission. The Act further specifies in Section 3 that a quorum of two members is required for the Commission to take evidence.
The obligations imposed by the Act on the Commission primarily centre on the thorough investigation of the specified matters. This includes the collection and examination of evidence related to the importation, refining, treatment, distribution, and sale of mineral oils and petrol in Australia. The Commission is expected to adhere to the procedural and evidentiary standards set forth in the Royal Commissions Act 1902-1933, ensuring that their inquiry is conducted in a fair, transparent, and legally sound manner. Additionally, the Commission must report their findings and recommendations to the appropriate authorities, which may include the government or other relevant bodies.
The Act does not explicitly outline offences, penalties, or consequences for breaches within its provisions. However, the Commission’s adherence to the standards and requirements of the Royal Commissions Act 1902-1933 implies that any failure to comply with those standards could result in legal repercussions. Under the Royal Commissions Act 1902-1933, breaches of the Commission's powers or duties could potentially lead to civil or criminal penalties, depending on the nature and severity of the breach. The precise penalties would be determined by the courts based on the specific circumstances and applicable laws at the time of any alleged breach.