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Queensland act
Mechanically, the Act authorises the Honourable Kenneth Carruthers QC to resume and complete the Carruthers Inquiry immediately if he withdraws his resignation, and declares that legal impediments said to arise under the Criminal Justice Act (ss 132A–132B) or from a separate CJC inquiry do not prevent that. It also preserves existing obligations to retain inquiry-related documents and expressly does not affect Criminal Justice Act s25(2)(d). The changes affect the CJC, the Carruthers Inquiry and anyone holding relevant documents.
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Direct links to the current provisions in Carruthers Inquiry Enabling Act 1996.
This Act may be cited as the Carruthers Inquiry Enabling Act 1996 .
Part 2 is taken to have commenced on the date of assent of the Criminal Justice Legislation Amendment Act 1996 .
In this part— Carruthers Inquiry means the Criminal Justice Commission’s inquiry that the Honourable Kenneth Carruthers QC has been appointed to conduct including— the inquiry into circumstances of the execution of a memorandum of understanding purported to be signed by the Honourable Robert Borbidge, then Leader of the Opposition, the Honourable Russell Theo Cooper, the coalition spokesman for Police, Corrective Services and Racing, and Sergeant Gary Wilkinson, President, Queensland Police Union of Employees; and the investigation into circumstances relating to a letter dated 13 July 1995 purported to be signed by the then Premier, the Honourable W.K. Goss and addressed to Sporting Shooters of Australia (Queensland) Incorporated. CJC Inquiry means the inquiry into the Criminal Justice Commission established under the Commissions of Inquiry Act 1950 under the order in council published in the gazette on 7 October 1996 at pages 475 and 476.
It is declared that— the Parliament of Queensland believes this Act removes all impediments to the Honourable Kenneth Carruthers QC’s completing, and being seen to complete, an impartial report for the Carruthers Inquiry that may exist because of the Criminal Justice Act 1989 , sections 132A and 132B and any action directed to the Carruthers Inquiry by the CJC Inquiry; and the Parliament of Queensland expresses its earnest wish that the Honourable Kenneth Carruthers QC resume the Carruthers Inquiry and believes that it is in the public interest that he should do so and complete his report as soon as possible; and this Act authorises the Honourable Kenneth Carruthers QC to resume the conduct of the Carruthers Inquiry immediately on his withdrawal of his resignation from the inquiry.
To avoid doubt, it is declared that section 4 (c) does not affect the Criminal Justice Act 1989 , section 25 (2) (d) .
This Act does not alter the existing duty of any person under Queensland law to retain and not destroy, alter or damage any documents relevant to these Inquiries.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Carruthers Inquiry Enabling Act 1996 .
Part 2 is taken to have commenced on the date of assent of the Criminal Justice Legislation Amendment Act 1996 .
In this part— Carruthers Inquiry means the Criminal Justice Commission’s inquiry that the Honourable Kenneth Carruthers QC has been appointed to conduct including— the inquiry into circumstances of the execution of a memorandum of understanding purported to be signed by the Honourable Robert Borbidge, then Leader of the Opposition, the Honourable Russell Theo Cooper, the coalition spokesman for Police, Corrective Services and Racing, and Sergeant Gary Wilkinson, President, Queensland Police Union of Employees; and the investigation into circumstances relating to a letter dated 13 July 1995 purported to be signed by the then Premier, the Honourable W.K. Goss and addressed to Sporting Shooters of Australia (Queensland) Incorporated. CJC Inquiry means the inquiry into the Criminal Justice Commission established under the Commissions of Inquiry Act 1950 under the order in council published in the gazette on 7 October 1996 at pages 475 and 476.
It is declared that— the Parliament of Queensland believes this Act removes all impediments to the Honourable Kenneth Carruthers QC’s completing, and being seen to complete, an impartial report for the Carruthers Inquiry that may exist because of the Criminal Justice Act 1989 , sections 132A and 132B and any action directed to the Carruthers Inquiry by the CJC Inquiry; and the Parliament of Queensland expresses its earnest wish that the Honourable Kenneth Carruthers QC resume the Carruthers Inquiry and believes that it is in the public interest that he should do so and complete his report as soon as possible; and this Act authorises the Honourable Kenneth Carruthers QC to resume the conduct of the Carruthers Inquiry immediately on his withdrawal of his resignation from the inquiry.
To avoid doubt, it is declared that section 4 (c) does not affect the Criminal Justice Act 1989 , section 25 (2) (d) .
This Act does not alter the existing duty of any person under Queensland law to retain and not destroy, alter or damage any documents relevant to these Inquiries.