SUGAR INDUSTRY COMMISSION.
No. 16 of 1919.
An Act to facilitate the proceedings of the Royal Commission appointed to hold an Inquiry into the Sugar Industry in Australia.
[Assented to 28th October, 1919.]
Preamble.
WHEREAS Commissions have been issued by the Governor-General by Letters Patent in the name of the King, whereby Arthur Bathurst Piddington, Esquire, one of His Majesty’s Counsellors Learned in the Law, Chief Inter-State Commissioner, Nicholas Colston Lockyer, Esquire, Inter-State Commissioner, and Stephen Mills, Esquire, Barrister-at-Law, have been authorized and directed to inquire into and report upon the Sugar Industry in Australia and the other matters more particularly specified in the said Letters Patent:
And whereas doubts have arisen as to the powers of the Commission:
Be it therefore 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 Sugar Industry Commission Act 1919.
Powers, &c., of Commission.
2.—(1.) The Commissioners appointed by the Governor-General, by Letters Patent in the name of the King, to inquire into and report upon the sugar industry in Australia and the other matters more particularly specified in the said Letters Patent, shall have all the powers, rights and privileges which are by the Royal Commissions Act 1902–1912 conferred upon the members of a Royal Commission, and the Chairman of the Commission shall have, in addition, all the powers, rights and privileges which are by that Act conferred upon the President or Chairman of a Royal Commission, and that Act shall have effect in relation to the said Commission as if it were herein re-enacted and in terms made applicable to the said Commission.
(2.) The powers, rights and privileges referred to in the preceding sub-section shall, without limiting their generality, extend to the power of compelling answers to questions and the production of books and documents by persons engaged in the sugar industry or in any industry for the utilization of by-products of sugar, and to the power of compelling answers to questions and the production of books and documents by such persons relating to the financial, manufacturing and chemical results obtained by them in their manufacturing or trading operations.
Overview
The Sugar Industry Commission Act 1919 was enacted to address the need for a thorough and authoritative inquiry into the sugar industry in Australia. This Act was necessary to clarify and establish the powers of the Royal Commission appointed for this purpose, ensuring that the inquiry could be conducted effectively and efficiently. Enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act sought to provide the necessary legal framework for the Commission to operate, including the power to compel the production of documents and testimony from industry participants. The overarching policy objective was to facilitate the Commission’s proceedings, enabling it to deliver a comprehensive report on the sugar industry and related matters, thereby informing future policy and legislative decisions.
Scope and Application
The Sugar Industry Commission Act 1919 is designed to empower the Royal Commission appointed to investigate and report on the sugar industry in Australia and related matters. This Act applies specifically to the Royal Commissioners who were designated by the Governor-General through Letters Patent. The Act grants these Commissioners the comprehensive powers, rights, and privileges outlined in the Royal Commissions Act 1902–1912, enabling them to compel answers to questions and the production of relevant books and documents from individuals and entities engaged in the sugar industry and related by-product industries. The jurisdiction of this Act encompasses the entirety of Australia, providing the necessary legal framework for the Royal Commission to carry out its mandate effectively. Any exclusions or limitations on the application of this Act are not specified within the text of the Act itself but are presumably covered under the broader provisions of the Royal Commissions Act 1902–1912.
Key Provisions
The Sugar Industry Commission Act 1919 (referred to as Section 2(1)) authorises the Commissioners to conduct a thorough inquiry into the sugar industry in Australia, as well as related industries that utilise sugar by-products. The Act grants these Commissioners all the powers, rights, and privileges bestowed upon members of a Royal Commission under the Royal Commissions Act 1902–1912. This includes the ability to compel individuals involved in the sugar industry to provide answers to questions and produce relevant books and documents. The Chairman of the Commission has additional powers, rights, and privileges similar to those of the President or Chairman of a Royal Commission under the Royal Commissions Act 1902–1912. These powers extend to compelling individuals to answer questions and produce documents concerning the financial, manufacturing, and chemical results of their operations.
The Act imposes obligations on the Commissioners to carry out their duties diligently and to ensure that the inquiry is thorough and comprehensive. They must collect and examine all relevant information, including financial records, manufacturing processes, and chemical results, from those engaged in the sugar industry and related sectors. The Commissioners are also required to report their findings to the relevant authorities, providing a detailed account of their investigation and any recommendations they deem necessary. The Act also mandates that the Commissioners act impartially and in the public interest, ensuring that the inquiry is fair and unbiased.
Failure to comply with the obligations set forth in the Act may result in legal consequences. While the Act does not explicitly outline specific offences or penalties, any breaches of the inquiry process or refusal to comply with the Commissioners' requests could potentially lead to legal action. This could include court orders to compel compliance or, in severe cases, charges under relevant laws for contempt of court or obstruction of justice. The Act's primary focus is on ensuring the thoroughness and integrity of the inquiry, rather than prescribing specific penalties for non-compliance, but the legal system provides mechanisms to enforce compliance and address any breaches.