{"id":"royal-commission-into-commercial-activities-of-government-act-1992","name":"Royal Commission into Commercial Activities of Government Act 1992","slug":"royal-commission-into-commercial-activities-of-government-act-1992","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110030,"registerId":"wa-royal-commission-into-commercial-activities-of-government-act-1992-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Royal Commission into Commercial Activities of Government Act 1992","content":"![Crest]()Western Australia\n\nRoyal Commission Into Commercial Activities of Government Act 1992\n\nWestern Australia\n\nRoyal Commission Into Commercial Activities of Government Act 1992\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Terms of Reference 2\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nRoyal Commission Into Commercial Activities of Government Act 1992\n\nAn Act relating to the Commission issued by the Governor and published in the *Western Australian Government Gazette* (No. 4 Special) on 8 January 1991, appointing the 3 persons named therein to be a Royal Commission to inquire and report as to certain matters specified therein, which Commission is known as the “Royal Commission into Commercial Activities of Government and other matters”.\n\nThe Parliament of Western Australia enacts as follows:\n\n##### 1. Short title\n\nThis Act may be cited as the *Royal Commission into Commercial Activities of Government Act 1992*.\n\n##### 2. Commencement\n\nThis Act shall come into operation on the day on which it receives the Royal Assent.\n\n##### 3. Interpretation\n\nIn this Act unless the contrary intention appears, the Commission means the Commission issued by the Governor and published in the *Government Gazette* (No. 4 Special) on 8 January 1991, appointing the 3 persons named therein to be a Royal Commission and the Commissioners means the 3 persons so appointed.\n\n##### 4. Terms of Reference\n\nThe Commissioners shall inquire and report as required by the terms of reference of the Commission, but as though —\n\n(a) paragraph 1. was amended to read —\n\n“\n\n1. To inquire and report whether there has been —\n\n(a) corruption;\n\n(b) illegal conduct; or\n\n(c) improper conduct,\n\nby any person or corporation in the affairs, investment decisions and business dealings of the Government of Western Australia or its agencies, instrumentalities and corporations in respect of the matters referred to in Schedule 1, and to further report whether —\n\n(d) any matter should be referred to an appropriate authority with a view to the institution of criminal proceedings; or\n\n(e) changes in the law of the State, or in administrative or decision making procedures, are necessary or desirable in the public interest.\n\n”; and\n\n(b) paragraph 2. was amended to read —\n\n“\n\n2. To inquire and report whether there has been —\n\n(a) corruption;\n\n(b) illegal conduct; or\n\n(c) improper conduct,\n\nby any person or corporation in respect of the matters referred to in Schedule 2 which in your view warrant further investigation after present police inquiries are completed, and to further report whether —\n\n(d) any matter should be referred to an appropriate authority with a view to the institution of criminal proceedings; or\n\n(e) changes in the law of the State, or in administrative or decision making procedures, are necessary or desirable in the public interest.\n\n”.\n\nNotes\n\n1. This is a compilation of the *Royal Commission into Commercial Activities of Government Act 1992* and includes all amendments effected by the other Acts referred to in the following Table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Royal Commission into Commercial Activities of Government Act 1992* | 9 of 1992 | 16 Jun 1992 | 16 Jun 1992 |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCommission 3\n\nCommissioners 3\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available. The page hosting this Act has been removed from the Western Australian legislation website, making any analysis of original versus actual scope impossible."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 'page not found' error","Only the Act's title and a broken-link notice were available for analysis","No provisions, sections, schedules, or definitions could be assessed","Complexity cannot be meaningfully rated without substantive content — score of 1 reflects absence of analysable material, not simplicity of the law itself"],"plain_english_summary":"The Royal Commission into Commercial Activities of Government Act 1992 (WA) established a formal inquiry into the commercial activities of Western Australian government entities. It empowered a high‑level investigation affecting public agencies, officials and the broader public interest, aiming to expose, explain and address misconduct or failures in government business conduct—notably in the context of the WA Inc era."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Section 4 formally alters the Commission's original terms of reference by replacing paragraphs 1 and 2 to focus the inquiry on whether corruption, illegal or improper conduct occurred in matters listed in Schedule 1 and Schedule 2, and to require reporting on whether matters should be referred for criminal proceedings or whether legal/administrative changes are necessary (s4). Schedule 2 inquiries are to be considered after current police inquiries are completed (s4(b))."},"complexity_factors":["Short, focused amendment that replaces paragraphs 1 and 2 of the original Commission terms (s4) — low textual volume but substantive effect.","Relies on an external instrument (the Commission issued by the Governor and published 8 Jan 1991) for identity and appointment of Commissioners (s3); readers must consult that Gazette notice to see original appointments.","Cross-references to Schedules 1 and 2 (s4) without including them here — substantive scope depends on those external schedules.","Overlaps with existing police inquiries for Schedule 2 matters (s4(b)), creating sequencing and coordination questions with law enforcement.","Gives Commissioners discretion to decide investigatory scope and whether to refer matters for prosecution or law/administrative reform (s4), but provides no procedural or funding detail.","Uses amendment-by-declaration language (“as though paragraph… was amended”) which requires reading against the original Commission instrument to see net effect (s4)."],"plain_english_summary":"This Act amends the terms of reference of a Royal Commission (appointed 8 Jan 1991) to require the Commissioners to investigate whether corruption, illegal or improper conduct occurred in government commercial activities set out in Schedules 1 and 2, and whether matters should be referred for prosecution or law/administrative change (s3–4).\n\nIt affects the State, its agencies, corporations and private persons involved in the listed matters; the Commissioners appointed by the Governor make investigatory decisions (s3); funding is not specified; subjects may be investigated and potentially referred to prosecuting authorities (s4)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing statutory backing for the specific 1991 Royal Commission into government commercial activities. It does not expand beyond this narrow, time-bound mandate."},"complexity_factors":["Extremely short statute—only 4 operative sections","Minimal defined terms—only 2 terms defined ('Commission' and 'Commissioners')","No cross-references to other legislation","Simple, direct amendment structure—modifies existing terms of reference by substituting two paragraphs","No conditional logic, exceptions, or procedural machinery","Essentially a 'shell' Act that incorporates by reference an existing Governor's Commission and modifies its terms of reference"],"plain_english_summary":"This is a short Western Australian law that gives legal backing to a Royal Commission (a special, high-level government inquiry) that was already set up in 1991. The Commission's job is to investigate whether there was **corruption, illegal conduct, or improper conduct** in how the Western Australian government handled its business dealings and investments.\n\n**What it does:**\n- **Validates the Commission**: It formally recognises the Royal Commission that was appointed by the Governor in January 1991, which had three commissioners.\n- **Sets the scope**: It tells the commissioners exactly what to investigate. They must look into:\n  - Whether anyone acted corruptly, illegally, or improperly in government business affairs (listed in Schedule 1)\n  - Whether anyone acted corruptly, illegally, or improperly in other matters (listed in Schedule 2) that deserve investigation after police finish their current work\n- **Powers to recommend**: The commissioners can suggest:\n  - That criminal charges be laid against people or companies\n  - Changes to state laws or government procedures to prevent future problems\n\n**Who it affects:**\n- The three appointed Royal Commissioners\n- Anyone involved in Western Australian government commercial activities during the period under investigation\n- Potentially government agencies, corporations, and private companies that did business with the government\n\n**Why it matters:**\nRoyal Commissions have significant powers to compel witnesses to give evidence and produce documents. This Act ensures the inquiry has a clear legal mandate to investigate potential corruption in government business dealings—a serious matter of public interest. It also ensures the Commission can recommend legal reforms to prevent future misconduct."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/royal-commission-into-commercial-activities-of-government-act-1992","history":"/api/acts/royal-commission-into-commercial-activities-of-government-act-1992/history","analysis":"/api/acts/royal-commission-into-commercial-activities-of-government-act-1992/analysis","conflicts":"/api/acts/royal-commission-into-commercial-activities-of-government-act-1992/conflicts","importantCases":"/api/acts/royal-commission-into-commercial-activities-of-government-act-1992/important-cases","documents":"/api/acts/royal-commission-into-commercial-activities-of-government-act-1992/documents"}}