Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 188, 2012
Compilation No. 5
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 7 November 2021
About this compilation
This compilation
This is a compilation of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Object of this Act
4 Guide to this Act
5 Extension to external Territories
6 This Act binds the Crown
Part 2--Establishment, functions and membership etc. of Commissions
8 Guide to this Part
9 Establishment
10 Functions
11 Powers
12 Commission has privileges and immunities of the Crown
13 Membership
14 Appointment of members
15 Vacancy in membership
16 When a Commission ceases to exist
Part 3--Investigations of Commissions
Division 1--General
17 Guide to this Division
18 Decision of questions
19 How a Commission is informed
20 Natural justice
Division 2--Investigations
Subdivision A--Guide to this Division
21 Guide to this Division
Subdivision B--Speed of investigations and openness of hearings
22 Speed of investigations
23 Openness of hearings
Subdivision C--Powers in relation to investigations
24 Hearings
25 Power to summon witnesses, take evidence and obtain documents or other things etc.
26 Additional requirements for notices
27 Arrest of witness failing to appear
29 Operating electronic equipment
30 Expert assistance to operate electronic equipment
31 Securing other things
32 Occupier entitled to observe execution of search warrant
33 Occupier to provide constable with facilities and assistance
34 Details of search warrant to be given to occupier, etc.
35 Completing execution of a search warrant after temporary cessation
36 Completing execution of search warrant stopped by court order
37 Copies of seized things to be provided
38 Receipts for seized documents or other things
39 Return of seized documents or other things
40 Compensation for damage to electronic equipment
41 Powers of Commission in relation to documents or other things
42 Disposal of documents or other things
43 Compensation for acquisition of property
44 Commission may direct that certain information not be published etc.
Subdivision D--Costs and expenses of Commonwealth judicial officer and witnesses
45 Costs of legal representation for Commonwealth judicial officer
46 Reimbursement of expenses of witnesses
Division 3--Report
47 Guide to this Division
48 Report
Division 4--Offences relating to investigations
49 Guide to this Division
50 Unauthorised presence at hearing
51 Failure of witness to appear
52 Failure of witness to produce document or other thing
53 Refusal to be sworn or to give evidence
54 Self-incrimination
55 Acts or omissions on different days constitute separate offences
56 False or misleading evidence
57 Injury to witness
58 Preventing witnesses from producing document or other thing
59 Bribery of witness
60 Fraud on witness
61 Obstruction of a Commission
62 Failure to provide facilities and assistance
63 Unauthorised publication of material
Division 5--Protections
64 Guide to this Division
65 Protection of members, witnesses and lawyers
66 Protection in relation to contraventions of prohibitions
67 Hearings and evidence of a Commission
Part 4--Terms and conditions of membership
68 Guide to this Part
69 Terms and conditions generally
70 Other employment
71 Remuneration
72 Resignation
73 Termination, or cessation, of appointment
74 Disclosure of interests by members
Part 5--Administrative provisions
75 Guide to this Part
76 Staff of a Commission
77 Consultants
78 Counsel assisting a Commission
79 Commission to be part of Department of House of Representatives or Senate
80 Commission must prepare and keep statements of reasons about search warrants
81 Commission may give information, evidence, documents etc.
82 Records of a Commission
Part 6--Miscellaneous
83 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 | 188, 2012 | 11 Dec 2012 | s 3-83: 12 Apr 2013 (s 2(1) item 2 and F2013L00644) |
|
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 3 (items 65-69): 12 Apr 2013 (s 2(1) item 14) | -- |
62, 2014 | 30 June 2014 | Sch 9 (items 198, 199) and Sch 14: 1 July 2014 (s 2(1) item s 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
Law and Justice Legislation Amendment (Northern Territory Local Court) Act 2016 | 26, 2016 | 23 Mar 2016 | Sch 1 (items 27, 34, 35): 1 May 2016 (s 2(1) item 1) | Sch 1 (items 34, 35) |
18, 2020 | 6 Mar 2020 | Sch 1 (items 29-31): 6 Sept 2020 (s 2(1) item 1) | -- | |
13, 2021 | 1 Mar 2021 | Sch 2 (items 497-499): 1 Sept 2021 (s 2(1) item 5) | -- |
Provision affected | How affected |
Part 1 |
|
s 4..................... | am No 13, 2013; No 13, 2021 |
s 7..................... | am No 13, 2013; No 26, 2016 |
Part 3 |
|
Division 1 |
|
s 19.................... | am No 13, 2013; No 13, 2021 |
Division 2 |
|
Subdivision C |
|
s 44.................... | am No 18, 2020 |
Part 5 |
|
s 76.................... | am No 62, 2014 |
s 79.................... | am No 62, 2014 |
s 82.................... | am No 18, 2020 |