Commonwealth Numbered Acts

JUDICIAL MISBEHAVIOUR AND INCAPACITY (PARLIAMENTARY COMMISSIONS) ACT 2012 (NO. 188, 2012)

TABLE OF PROVISIONS

           Long Title

   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  
   7.      Definitions  

   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  
   28.     Search warrants  
   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