Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
COMMISSIONS OF INQUIRY AMENDMENT BILL
2013
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. References to Commission
6. Section 5A inserted
5A. Authorised Commissioner hearings
7. Section 7A inserted
7A. Provisions of other Acts that do not apply
8. Section 34A inserted
34A. Commission may communicate information
9. Repeal of Act
[Bill 69]-I
2
COMMISSIONS OF INQUIRY AMENDMENT BILL
2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
17 October 2013
(Brought in by the Minister for Justice, the Honourable Brian
Neal Wightman)
A BILL FOR
An Act to amend the Commissions of Inquiry Act 1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Commissions of
Inquiry Amendment Act 2013.
2. Commencement
This Act is taken to have commenced on
4 March 2013.
[Bill 69] 3
Commissions of Inquiry Amendment Act 2013
Act No. of
s. 3
3. Principal Act
In this Act, the Commissions of Inquiry Act
1995* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of act:
authorised Commissioner hearing
means a hearing of a Commission
that is held as referred to in
section 5A(1);
(b) by inserting the following definition after
the definition of Commissioner:
counsel means an Australian legal
practitioner;
5. Section 3A inserted
After section 3 of the Principal Act, the
following section is inserted in Part 1:
3A. References to Commission
A reference to the Commission includes
the following persons sitting for the
purposes of an inquiry under this Act:
*No. 70 of 1995
4
Commissions of Inquiry Amendment Act 2013
Act No. of
s. 6
(a) in relation to an authorised
Commissioner hearing, the
Commissioner or Commissioners
holding the inquiry;
(b) in relation to a Commission that
is constituted by two or more
Commissioners (except if
paragraph (a) applies), the
Commissioners;
(c) in relation to a sole
Commissioner, the
Commissioner.
6. Section 5A inserted
After section 5 of the Principal Act, the
following section is inserted in Part 2:
5A. Authorised Commissioner hearings
(1) If a Commission is constituted by two or
more Commissioners, a hearing of the
Commission may be held by one or more
of the Commissioners if each of the
Commissioners holding the hearing is
either -
(a) the President of the Commission;
or
(b) authorised in writing by the
President of the Commission to
hold authorised Commissioner
5
Commissions of Inquiry Amendment Act 2013
Act No. of
s. 7
hearings in relation to the
Commission.
(2) The following person presides at an
authorised Commissioner hearing:
(a) the President of the Commission;
(b) if the President is not one of the
Commissioners holding the
authorised Commissioner
hearing, the Commissioner who
is authorised in writing by the
President to preside at the
hearing.
7. Section 7A inserted
After section 7 of the Principal Act, the
following section is inserted in Part 2:
7A. Provisions of other Acts that do not apply
The Personal Information Protection Act
2004, section 26(1) of the Ombudsman
Act 1978 and section 37 of the Health
Complaints Act 1995 do not apply in
relation to any information collected for
communication to or communicated to
the Commission of Inquiry into
Institutional Child Sexual Abuse
established on 4 March 2013.
6
Commissions of Inquiry Amendment Act 2013
Act No. of
s. 8
8. Section 34A inserted
After section 34 of the Principal Act, the
following section is inserted in Part 4:
34A. Commission may communicate information
(1) If, in the course of inquiring into a
matter, a Commission obtains
information that relates, or that may
relate, to a contravention of a law, or to
evidence of a contravention of a law, of
the State, the Commonwealth, another
State or a Territory, the Commission
may, if in the opinion of the Commission
it is appropriate to do so, communicate
the information or furnish the evidence,
as the case may be, to -
(a) the Attorney-General of the State,
the Commonwealth, another
State, the Australian Capital
Territory or the Northern
Territory; or
(b) the Director of Public
Prosecutions; or
(c) the authority or person
responsible for the administration
or enforcement of that law.
(2) 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 -
7
Commissions of Inquiry Amendment Act 2013
Act No. of
s. 8
(a) a criminal penalty; or
(b) a civil or administrative penalty.
(3) If, in the course of inquiring into a
matter, a Commission -
(a) obtains information; or
(b) takes evidence; or
(c) receives a document or thing -
that, in the opinion of the Commission,
relates or may relate to a matter into
which another Commission is required or
authorised to inquire, the first-mentioned
Commission may, if in its opinion it is
appropriate to do so, communicate the
information or furnish the evidence,
document or thing, as the case may be, to
that other Commission.
(4) For the purposes of subsection (3) -
another Commission includes a Royal
Commission, or a Commission of
Inquiry, established in another
Australian jurisdiction.
(5) If, in the course of inquiry into a matter,
a Commission -
(a) obtains information; or
(b) takes evidence; or
(c) receives a document or thing -
8
Commissions of Inquiry Amendment Act 2013
Act No. of
s. 9
that, in the opinion of the Commission,
relates or may relate to the performance
of the functions of the Integrity
Commission (established under the
Integrity Commission Act 2009), the
Commission may, if in its opinion it is
appropriate to do so, communicate the
information or furnish the evidence,
document or thing, as the case may be, to
the Integrity Commission.
(6) A person who obtains information,
evidence, a document or thing in
accordance with this section may make a
record of, use or disclose the
information, evidence, document or thing
for the purposes of performing his or her
functions or exercising his or her powers.
(7) A reference in subsection (3) or (5) to the
furnishing of a document or thing
includes a reference to the furnishing of
the contents of the document or a
description of the thing.
9. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it receives
the Royal Assent.
Government Printer, Tasmania 9