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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Royal Commissions Amendment (Private
Sessions) Bill 2023
No. , 2023
(Attorney-General)
A Bill for an Act to amend the
Royal Commissions
Act 1902
, and for related purposes
No. , 2023
Royal Commissions Amendment (Private Sessions) Bill 2023
i
Contents
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 1
3
Schedules ............................................................................................... 2
Schedule 1
--
Amendments
3
Royal Commissions Act 1902
3
No. , 2023
Royal Commissions Amendment (Private Sessions) Bill 2023
1
A Bill for an Act to amend the
Royal Commissions
1
Act 1902
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Royal Commissions Amendment (Private Sessions)
5
Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Royal Commissions Amendment (Private Sessions) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2023
Royal Commissions Amendment (Private Sessions) Bill 2023
3
Schedule
1--Amendments
1
2
Royal Commissions Act 1902
3
1 Subsection 6OA(1)
4
Insert:
5
Assistant Commissioner
, for a Royal Commission, means a person
6
authorised under subsection 6OB(2A) to be an Assistant
7
Commissioner for the sole purpose of holding private sessions for
8
the Commission.
9
2 Subsection 6OB(1)
10
Omit "following members", substitute "following persons".
11
3 At the end of subsection 6OB(1)
12
Add:
13
; (c) an Assistant Commissioner for the Commission.
14
4 Subsection 6OB(2)
15
Repeal the subsection, substitute:
16
(2) If a Royal Commission is constituted by a sole Commissioner, the
17
following persons may hold a private session for the Commission
18
to obtain information in relation to matters into which the
19
Commission is inquiring:
20
(a) the sole Commissioner;
21
(b) an Assistant Commissioner for the Commission.
22
Assistant Commissioners
23
(2A) The Chair of a Royal Commission or the sole Commissioner (as
24
the case may be) may, in writing, authorise a person to be an
25
Assistant Commissioner for the sole purpose of holding private
26
sessions for the Commission if:
27
(a) the person is a member of the staff of the Commission; and
28
(b) the Chair of the Commission or the sole Commissioner (as
29
the case may be) considers that:
30
Schedule 1
Amendments
4
Royal Commissions Amendment (Private Sessions) Bill 2023
No. , 2023
(i) the person has suitable qualifications and experience,
1
and an appropriate level of seniority, to hold private
2
sessions for the Commission; and
3
(ii) circumstances exist that justify the person holding
4
private sessions for the Commission.
5
5 Subsection 6OB(3) (heading)
6
Omit "
members
", substitute "
persons
".
7
6 Subsection 6OB(3)
8
After "subsection
(1)", insert "or (2)".
9
7 Subsection 6OB(3)
10
Omit "members", substitute "persons".
11
8 Subsection 6OB(4)
12
After "any member of the Commission", insert "or Assistant
13
Commissioner".
14
9 Subsection 6OB(5)
15
Repeal the subsection, substitute:
16
(5) If a private session is held for a Royal Commission under
17
subsection (2):
18
(a) in the case of the holding of the private session by the sole
19
Commissioner
--
the sole Commissioner may (subject to the
20
Letters Patent establishing the Commission and Division 3)
21
determine any matters relating to the conduct of the private
22
session; or
23
(b) in the case of the holding of the private session by an
24
Assistant Commissioner
--
the Assistant Commissioner may
25
(subject to the Letters Patent establishing the Commission
26
and Division 3) determine any matters relating to the conduct
27
of the private session, having regard to any directions given
28
by the sole Commissioner.
29
10 Paragraphs 6OC(3)(a) and (4)(a)
30
After "by a member", insert "or Assistant Commissioner".
31
Amendments
Schedule 1
No. , 2023
Royal Commissions Amendment (Private Sessions) Bill 2023
5
11 Paragraph 6OC(6)(a)
1
Omit
"
member or members
", substitute "person or persons".
2
12 At the end of subsection 6OC(6)
3
Add:
4
Note:
Members or Assistant Commissioners can hold private sessions: see
5
subsections 6OB(1) and (2).
6
13 After section 6OE
7
Insert:
8
6OEA Protection of Assistant Commissioners
9
An Assistant Commissioner for a Royal Commission who holds a
10
private session for the Commission has the same protection and
11
immunity as a Justice of the High Court.
12
14 Section 6OG
13
After "by a member", insert "or Assistant Commissioner"
.
14
15 Application provision
15
The amendments made by this Schedule apply in relation to a Royal
16
Commission established before or after the commencement of this item.
17