Commonwealth of Australia Explanatory Memoranda

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ROYAL COMMISSIONS AND OTHER LEGISLATION AMENDMENT BILL 2001

1998-1999-2000-2001

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES




Presented and read a first time









Royal Commissions and Other Legislation Amendment Bill 2001

No. , 2001

(Prime Minister)



A Bill for an Act to amend the Royal Commissions Act 1902 and other legislation, and for related purposes

Contents

Australian Securities and Investments Commission Act 2001 3

Financial Transaction Reports Act 1988 3

Royal Commissions Act 1902 3

A Bill for an Act to amend the Royal Commissions Act 1902 and other legislation, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Royal Commissions and Other Legislation Amendment Act 2001.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of Acts

Australian Securities and Investments Commission Act 2001

1 After subsection 127(2A)

Insert:

(2B) Disclosing information to a Royal Commission (within the meaning of the Royal Commissions Act 1902) is authorised use and disclosure of the information.

(2C) The Chairperson may impose conditions to be complied with in relation to information disclosed under subsection (2B).

2 Subsection 127(6)

After “(2A),”, insert “(2B), (2C),”.

Financial Transaction Reports Act 1988

3 After paragraph 27(16)(e)

Insert:

(ea) a Royal Commission (within the meaning of the Royal Commissions Act 1902) whose terms of reference include inquiry into whether unlawful conduct (however described) has occurred; and

4 At the end of subsection 27(17)

Add:

; and (t) the sole Commissioner, or a member, of a Royal Commission of a kind mentioned in paragraph (16)(ea); and

(u) a member of staff of such a Commission; and

(v) counsel appointed to assist such a Commission.

Royal Commissions Act 1902

5 Subsection 6P(1)

Omit “the commission of an offence, or evidence of the commission of an offence, against a law”, substitute “a contravention of a law, or evidence of a contravention of a law,”.

6 Paragraph 6P(1)(a)

After “of a State”, insert “, of the Australian Capital Territory”.

7 After subsection 6P(1)

Insert:

(1A) A reference in subsection (1) to a contravention of a law is a reference to a contravention for which a person may be liable to:

(a) a criminal penalty; or

(b) a civil or administrative penalty.

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