Commonwealth Numbered Acts

ROYAL COMMISSIONS AMENDMENT ACT 1982 No. 139, 1982 - SECT 4

4. Sections 2, 3, 4 and 5 of the Principal Act are repealed and the following
sections are substituted: Power to summon witnesses and take evidence

''2. (1) A member of a Commission may summon a person to appear before the
Commission at a hearing to give evidence and to produce such documents or
other things (if any) as are referred to in the summons.

''(2) The member of a Commission presiding at a hearing of the Commission may
require a person appearing at the hearing to produce a document or other
thing.

''(3) A Commission may, at a hearing, take evidence on oath or affirmation and
for that purpose-

   (a)  a member of the Commission may require a person appearing at the
        hearing to give evidence either to take an oath or to make an
        affirmation in a form approved by the member of the Commission
        presiding at the hearing; and

   (b)  a member of the Commission, or a person who is an authorized person in
        relation to the Commission, may administer an oath or affirmation to a
        person so appearing at the hearing.

''(4) In this section, a reference to a person who is an authorized person in
relation to a Commission is a reference to a person authorized in writing, or
a person included in a class of persons authorized in writing, for the
purposes of this section by the President or Chairman of that Commission, or
by the sole Commissioner, as the case may be. Failure of witnesses to attend
or produce documents

''3. (1) A person served, as prescribed, with a summons to appear as a witness
at a hearing before a Commission shall not, without reasonable excuse-

   (a)  fail to attend as required by the summons; or

   (b)  fail to attend from day to day unless excused, or released from
        further attendance, by a member of the Commission.

Penalty: $1,000 or imprisonment for 6 months.

''(2) A person appearing as a witness at a hearing before a Commission shall
not, without reasonable excuse, refuse or fail to produce a document or other
thing that he was required to produce by a summons under this Act served on
him as prescribed or that he was required to produce by the member of the
Commission presiding at the hearing.

Penalty: $1,000 or imprisonment for 6 months.

''(3) It is a defence to a prosecution for an offence against sub-section (2)
constituted by a refusal or failure to produce a document or other thing to a
Commission if it is proved that the document or other thing was not relevant
to the matters into which the Commission was inquiring. Search warrants

''4. (1) Where-

   (a)  a relevant Commission has reasonable grounds for suspecting that there
        may be, at that time or within the next following 24 hours, upon any
        land or upon or in any premises, vessel, aircraft or vehicle, a thing
        or things of a particular kind connected with a matter into which the
        relevant Commission is inquiring (in this section referred to as
        'things of the relevant kind'); and

   (b)  the relevant Commission believes on reasonable grounds that, if a
        summons were issued for the production of the thing or things, the
        thing or things might be concealed, lost, mutilated or destroyed, the
        relevant Commission may apply to a Judge of a prescribed court for the
        issue of a search warrant under sub-section (3).

''(2) A reference in sub-section (1) to a relevant Commission includes a
reference to a member of a relevant Commission authorized by the relevant
Commission to act under that sub-section.

''(3) Where an application under sub-section (1) is made by a relevant
Commission to a Judge of a prescribed court, the Judge may, if he is satisfied
that there are reasonable grounds for issuing the warrant, issue a search
warrant authorizing a member of the Australian Federal Police or of the Police
Force of a State or of the Northern Territory, or any other person, named in
the warrant, with such assistance as he thinks necessary and if necessary by
force-

   (a)  to enter upon the land or upon or into the premises, vessel, aircraft
        or vehicle;

   (b)  to search the land, premises, vessel, aircraft or vehicle for things
        of the relevant kind; and

   (c)  to seize any things of the relevant kind found upon the land or upon
        or in the premises, vessel, aircraft or vehicle and deliver things so
        seized to the relevant Commission.

''(4) There shall be stated in a warrant issued under this section on the
application of a relevant Commission-

   (a)  a statement of the purpose for which the warrant is issued, which
        shall include a reference to the matter into which the relevant
        Commission is inquiring and with which the things of the relevant kind
        are connected;

   (b)  whether entry is authorized to be made at any time of the day or night
        or during specified hours of the day or night;

   (c)  a description of the kind of things authorized to be seized; and

   (d)  a date, not being later than one month after the date of issue of the
        warrant, upon which the warrant ceases to have effect.

''(5) If, in the course of searching, in accordance with a warrant issued
under this section, for things of a particular kind connected with a matter
into which a relevant Commission is inquiring, the person executing the
warrant finds-

   (a)  any thing of another kind that he believes on reasonable grounds to be
        connected with that matter; or

   (b)  any thing that he believes on reasonable grounds to be connected with
        another matter into which the relevant Commission is inquiring, and he
        believes on reasonable grounds that it is necessary to seize that
        thing in order to prevent its concealment, loss, mutilation or
        destruction, the warrant shall be deemed to authorize him to seize
        that thing.

''(6) A reference in this section to a Judge of a prescribed court shall be
construed as a reference to-

   (a)  a Judge of the Federal Court of Australia; or

   (b)  a Judge of a court of a State or Territory.

''(7) In this section, 'thing' includes a document. Application by telephone
for search warrants

''5. (1) Where, by reason of circumstances of urgency, a relevant Commission
considers it necessary to do so, the relevant Commission may make application
by telephone for a search warrant under sub-section 4 (1).

''(2) Where a Judge issues a search warrant upon an application made by
telephone, he shall-

   (a)  complete and sign that warrant;

   (b)  inform the relevant Commission of the terms of the warrant and the
        date on which and the time at which it was signed; and

   (c)  forward a copy of the warrant to the relevant Commission.

''(3) Where a search warrant is issued upon an application made by telephone,
a member of the staff of the relevant Commission or a member of the Australian
Federal Police or of the Police Force of a State may complete a form of
warrant in the terms indicated by a Judge under sub-section (2).

''(4) A form of warrant duly completed in accordance with sub-section (3)
shall be deemed to be a warrant issued under section 4.''.