1Inquiries Act 1991

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Inquiries Act 1991 A1991-2 Republication No 10 Effective: 1 September 2016 Republication date: 1 September 2016 Last amendment made by A2016-52 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Inquiries Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 September 2016. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 September 2016. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133). R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Inquiries Act 1991 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 4 Offences against Act—application of Criminal Code etc 2 Part 2 Boards of inquiry 5 Appointment of board of inquiry 3 6 Members 3 7 Terms and conditions of appointment 3 9 Cessation of office 4 11 Termination of appointment 4 12 Arrangements for staff 4 Contents Page contents 2 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Inquiries Division 3.1 General 13 Conduct 5 14 Reports of boards 5 14A Presenting reports 5 14B Chief Minister to explain non-presentation of report 6 15 Lawyer assisting boards 6 16 Protection of members etc 7 17 Nondisclosure of information by members etc 7 18 Procedure 7 19 Privileges against self-incrimination and exposure to civil penalty 8 20 Search warrants 8 Division 3.2 Hearings 21 Power to hold 10 22 Person presiding 11 23 Conduct of hearing 11 24 Presence of people at private hearings 11 25 Examination of witnesses 12 26 Powers in relation to witnesses etc 12 26A Proposed adverse comments in reports 13 Part 4 Miscellaneous 35 Application of Criminal Code, ch 7 15 36 Contempt of board 15 37 Delegation by board 15 38 Publication of published proceedings, reports and comments protected 15 39 Reimbursement of expenses of witnesses 16 40 Regulation-making power 16 Dictionary 17 Endnotes 1 About the endnotes 19 Contents Page R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2 Abbreviation key 19 3 Legislation history 20 4 Amendment history 23 5 Earlier republications 27 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Inquiries Act 1991 An Act relating to inquiries Part 1 Preliminary Section 1 page 2 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Inquiries Act 1991. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 4 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to an offence against this Act, s 36 (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. Boards of inquiry Part 2 Section 5 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Boards of inquiry 5 Appointment of board of inquiry The Executive may appoint 1 or more people as a board of inquiry to inquire into a matter stated in the instrument of appointment. Note For the making of appointments, see the Legislation Act, pt 19.3. 6 Members (1) If a board is constituted by 2 or more people, the Executive must appoint 1 of those people to be the chairperson. (2) If— (a) a board is constituted by 2 or more people; and (b) a member dies, resigns or is removed from office under section 11; the remaining members constitute the board. (3) If— (a) a board is constituted by more than 2 people; and (b) the chairperson dies, resigns or is removed from office under section 11; the Executive must appoint 1 of the remaining members to be the chairperson. 7 Terms and conditions of appointment (1) A person may be appointed as a full-time or part-time member. (2) A member holds office on the terms and conditions in relation to matters not provided for by this Act as are determined in writing by the Executive. Part 2 Boards of inquiry Section 9 page 4 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Cessation of office A member ceases to hold office as a member when the board’s report of its inquiry has been submitted to the Chief Minister in accordance with section 14. Note A member’s appointment also ends if the person resigns (see Legislation Act, s 210). 11 Termination of appointment The Executive may terminate the appointment of a member for misbehaviour or physical or mental incapacity. 12 Arrangements for staff (1) A board may arrange with the head of service to use the services of a public servant. Note The head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18). (2) A public servant subject to an arrangement under subsection (1) must act in accordance with the direction of a member, and not otherwise. Inquiries Part 3 General Division 3.1 Section 13 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Inquiries Division 3.1 General 13 Conduct Except as otherwise provided by this Act, an inquiry must be conducted in such manner as the board determines. 14 Reports of boards (1) After completing an inquiry, a board must— (a) prepare a report of the inquiry; and (b) submit the report to the Chief Minister. (2) A report must be submitted to the Chief Minister— (a) if the Executive has fixed a date for submission of the report— on or before that date; or (b) if paragraph (a) does not apply—as soon as practicable after completion of the inquiry. (3) When submitting a report to the Chief Minister, a board must commit any documents and things then in its possession to the custody of the Chief Minister for safekeeping. 14A Presenting reports (1) The Chief Minister may present a copy of a report or part of a report submitted by a board to the Legislative Assembly. (2) The Chief Minister may make a report or part of a report public whether or not the Legislative Assembly is sitting and whether or not the report or part has been presented to the Assembly. (3) The Chief Minister is not civilly or criminally liable in relation to the publication of a report or part of a report. Part 3 Inquiries Division 3.1 General Section 14B page 6 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14B Chief Minister to explain non-presentation of report (1) This section applies if— (a) a board submits a report to the Chief Minister under section 14A; and (b) the Chief Minister does not present a copy of the report to the Legislative Assembly or otherwise publish the report within the reporting period. (2) On the next sitting day after the end of the reporting period, the Chief Minister must present to the Legislative Assembly a written statement explaining why a copy of the report was not presented or otherwise published within the reporting period. (3) In this section: reporting period, for a report, means the shorter of the following periods: (a) either— (i) if there is a sitting day within 1 month after the day the report is submitted by the board to the Chief Minister— 1 month after the day the report is submitted; or (ii) if there is no sitting day within 1 month after the day the report is submitted by the board to the Chief Minister—the period ending on the 1st sitting day after the report is submitted; (b) the period ending on the 2nd last sitting day before the polling day for the next general election of members of the Legislative Assembly. 15 Lawyer assisting boards A board may appoint a lawyer to assist the board, either generally or in relation to a particular matter. Inquiries Part 3 General Division 3.1 Section 16 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16 Protection of members etc (1) A member has, in the exercise of any function as a member in relation to an inquiry, the same protection and immunity as a judge of the Supreme Court in proceedings in that court. (2) A lawyer assisting a board or appearing on a person’s behalf at a hearing before a board has the same protection and immunity as a barrister has in appearing for a party in proceedings in the Supreme Court. (3) Subject to this Act, a person subpoened to attend or appearing before a board as a witness has the same protection and is subject to the same liabilities as a witness in proceedings in the Supreme Court. 17 Nondisclosure of information by members etc A person who is or has been a member, a member of the staff of a board or a lawyer assisting a board must not, either directly or indirectly, except in the exercise of a function under this Act— (a) make a record of, or divulge or communicate to any person, any information acquired by the firstmentioned person by virtue of that person’s office or employment under or for this Act; or (b) make use of any such information; or (c) produce to any person, or permit any person to have access to, a document provided for this Act. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 18 Procedure In conducting an inquiry, a board— (a) must comply with the rules of natural justice; and (b) is not bound by the rules of evidence but may inform itself of anything in the way it considers appropriate; and Part 3 Inquiries Division 3.1 General Section 19 page 8 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) may do whatever it considers necessary or convenient for the fair and prompt conduct of the inquiry. 19 Privileges against self-incrimination and exposure to civil penalty (1) This section applies if a person is required under section 26 (1) or (3) to— (a) produce a document or other thing; or (b) answer a question. (2) The person cannot rely on the common law privileges against self- incrimination and exposure to the imposition of a civil penalty to refuse to produce the document or other thing or answer the question. Note The Legislation Act, s 171 deals with client legal privilege. (3) However, any information, document or other thing obtained, directly or indirectly, because of the producing of the document or other thing, or the answering of the question, is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for— (a) an offence in relation to the falsity or the misleading nature of the document, other thing or answer; or (b) an offence against the Criminal Code, chapter 7 (Administration of justice offences). 20 Search warrants (1) The chairperson may issue a search warrant if— (a) the chairperson has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, in or on any premises, a thing of a particular kind connected with a matter into which the board is inquiring (a thing of the relevant kind); and Inquiries Part 3 General Division 3.1 Section 20 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the chairperson believes on reasonable grounds that, if a search warrant were not issued for the production of the thing, that thing might be concealed, lost, mutilated, destroyed or disposed of. (2) A search warrant must authorise a police officer or an authorised person named in the warrant with such assistance, and by such force, as is necessary and reasonable— (a) to enter the premises; and (b) to search the premises for things of the relevant kind; and (c) to seize any things of the relevant kind found in or on the premises; and (d) to deliver any thing so seized to the board. (3) A search warrant must— (a) state the purpose for which it is issued; and (b) specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and (c) include a description of the kind of things in relation to which the powers under the warrant may be exercised; and (d) specify the date, being a date not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant may be executed, in accordance with its terms, at any time during the period commencing on the date of issue of the warrant and ending at the end of the date specified for subsection (3) (d). Part 3 Inquiries Division 3.2 Hearings Section 21 page 10 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If, in the course of searching under a search warrant for a thing of a relevant kind— (a) the person executing the warrant finds a thing that the person believes on reasonable grounds to be connected with the matter into which the board is inquiring, although not of a kind specified in the warrant; and (b) the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its being concealed, lost, mutilated, destroyed or disposed of; the person may seize that thing and must deliver the thing so seized to the board. (6) A person executing a search warrant must, on request by an occupant of the premises to which the warrant relates, show the warrant to that occupant. (7) A reference in subsection (1) to the chairperson includes a reference to a member authorised by the chairperson to act under that subsection. Division 3.2 Hearings 21 Power to hold (1) For the purposes of conducting an inquiry, a board may hold hearings. (2) Subject to subsection (3), a hearing must be in public. (3) If a board is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter, or for any other reason, the board may— (a) direct that a hearing or part of a hearing must take place in private and give directions as to the people who may be present; and Inquiries Part 3 Hearings Division 3.2 Section 22 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) give directions prohibiting or restricting the publication of evidence given at a hearing (whether in public or private) or of matters contained in documents lodged with, or received in evidence by, the board; and (c) give directions prohibiting or restricting the disclosure to some or all of the people present at a hearing of evidence given before, or the contents of a document lodged with or received in evidence by, the board. (4) In considering whether to give a direction under subsection (3), a board must take as the basis of its consideration the principle that it is desirable that hearings be in public and that evidence given before, or the contents of documents lodged with or received in evidence by, the board should be made available to the public and to all people present at the hearing, but must pay due regard to any reasons given to the board why the hearing should be held in private or why publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted. 22 Person presiding The chairperson must preside at a hearing. 23 Conduct of hearing Except as otherwise provided by this Act, the procedure at a hearing may be decided by the board. 24 Presence of people at private hearings If a hearing is being held in private, a person must not be present at the hearing unless the person is— (a) a member; or (b) a member of the staff of the board directed to be present; or (c) a lawyer assisting the board; or Part 3 Inquiries Division 3.2 Hearings Section 25 page 12 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) giving evidence before the board; or (e) entitled under a direction under section 21 (3) (a) to be present. 25 Examination of witnesses At a hearing— (a) a lawyer assisting the board; or (b) any other person present who is permitted by the chairperson to do so; may, so far as the board considers appropriate, examine or cross- examine a witness on any matter that the board considers relevant to its inquiry. 26 Powers in relation to witnesses etc (1) The chairperson of a board, or a person authorised in writing by the chairperson, may, by written notice given to a person (a subpoena), require the person to appear before the board at a hearing, at a stated time and place, to do either or both of the following: (a) to give evidence; (b) to produce a stated document or other thing relevant to the hearing. (2) A person is taken to have complied with a subpoena under subsection (1) (b) if the person gives the document or other thing to the board before the date stated in the subpoena for its production. (3) The chairperson may require a witness appearing before the board at a hearing to give evidence to do 1 or more of the following: (a) to take an oath; (b) to answer a question relevant to the hearing; Inquiries Part 3 Hearings Division 3.2 Section 26A R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) to produce a stated document or other thing relevant to the hearing. Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1). 26A Proposed adverse comments in reports (1) The board must not include a comment in a report of an inquiry that is adverse to an entity who is identifiable from the report unless the board has, before making the report, given the entity a copy of the proposed comment and a written notice under subsection (2). (2) The written notice to the entity must— (a) tell the entity that the entity may— (i) make a submission to the board in relation to the proposed adverse comment; or (ii) give the board a written statement in relation to the proposed adverse comment; and (b) tell the entity that, if the entity makes a submission or gives a written statement in relation to the comment, the submission or statement, or a summary of it, will be included in the board’s report of the inquiry; and (c) state the period within which a submission in relation to the comment may be made or statement given. (3) The period allowed under subsection (2) (c) must end not earlier than 14 days after the day the notice is given. (4) A copy of a submission made, or statement given, in relation to the comment within the time allowed must be included in the board’s report of the inquiry. Part 3 Inquiries Division 3.2 Hearings Section 26A page 14 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) However, if the board is satisfied on reasonable grounds that a submission made, or statement given, in relation to the comment is excessively long or contains defamatory or offensive language, the board may include a fair summary of the submission or statement in the report of the inquiry instead of the submission or statement. Miscellaneous Part 4 Section 35 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Miscellaneous 35 Application of Criminal Code, ch 7 An inquiry is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences). Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to board proceedings. 36 Contempt of board A person commits an offence if the person does something in the face, or within the hearing, of a board that would be contempt of court if the board were a court of record. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. 37 Delegation by board A board may delegate any of its functions under this Act with the written consent of the Chief Minister. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. 38 Publication of published proceedings, reports and comments protected (1) The proceedings of a board of inquiry are taken to be proceedings of public concern for the Civil Law (Wrongs) Act 2002, section 139 (Defences of fair report of proceedings of public concern). (2) Subsection (1) does not apply in relation to the publication of a report of proceedings, or a part of proceedings, if a direction given under section 21 (3) restricts publication of the proceedings or part of them and the publication of the report contravenes the direction. Part 4 Miscellaneous Section 39 page 16 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A board of inquiry report that has been made public by the Chief Minister is taken to be a public document for the Civil Law (Wrongs) Act 2002, section 138 (Defence for publication of public documents). 39 Reimbursement of expenses of witnesses A witness appearing before a board is entitled to be paid by the Territory in respect of the expenses of the attendance of the witness an amount authorised in accordance with the Supreme Court scale of costs. 40 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. Dictionary R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • director-general (see s 163) • Executive • exercise • function • head of service • month • public servant • under. authorised person means a person declared in writing by the chairperson to be an authorised person for this Act. board means— (a) a board of inquiry appointed under section 5; and (b) in relation to an inquiry—the board of inquiry appointed to conduct that inquiry. chairperson means— (a) the chairperson of a board appointed under section 6 (1) or (3); or (b) for a board constituted by 1 person—that person. member means— (a) for a board constituted by 1 person—that person; or (b) for a board constituted by 2 or more people—each of those people. Dictionary page 18 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au premises includes— (a) a building or other structure; and (b) an aircraft, vehicle or vessel; and (c) a place, whether or not enclosed or built on. Endnotes About the endnotes 1 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Endnotes 3 Legislation history page 20 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Inquiries Act 1991 A1991-2 notified 1 March 1991 (Gaz 1991 No S7) s 1, s 2 commenced 1 March 1991 (s 2 (1)) remainder commenced 1 May 1991 (s 2 (2) and Gaz 1991 No 16) as amended by Acts Revision (Position of Crown) Act 1993 A1993-44 sch 2 notified 27 August 1993 (Gaz 1993 No S165) sch 2 commenced 27 August 1993 (s 2) Judicial Commissions (Consequential Amendments) Act 1994 A1994-10 s 6 notified 14 March 1994 (Gaz 1994 No S44) s 6 commenced 14 March 1994 (s 2) Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994-38 sch 1 pt 47 notified 30 June 1994 (Gaz 1994 No S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) sch 1 pt 47 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142) Inquiries (Amendment) Act 1996 A1996-19 notified 27 May 1996 (Gaz 1996 No S93) commenced 27 May 1996 (s 2) Remuneration Tribunal (Consequential Amendments) Act 1997 A1997-41 sch 1 (as am by A2002-49 amdt 3.222) notified 19 September 1997 (Gaz 1997 No S264) commenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222) Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 1 commenced 1 June 1998 (s 2 (2)) Endnotes Legislation history 3 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 190 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 190 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) amdt 3.222 commenced 24 September 1997 (s 2 (3)) Note This Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 A1997-41 . Inquiries Amendment Act 2003 A2003-52 notified LR 3 December 2003 s 1, s 2 commenced (LA s 75 (1)) remainder commenced 4 December 2003 (s 2) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.14 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.14 commenced 23 November 2005 (s 2) Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.12 notified LR 26 October 2006 s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2)) sch 3 pt 3.12 commenced 16 November 2006 (s 2 (1)) Endnotes 3 Legislation history page 22 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.83 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.83 commenced 1 July 2011 (s 2 (1)) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.39 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.39 commenced 1 September 2016 (s 2) Endnotes Amendment history 4 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of Act s 1 sub A2006-42 amdt 3.59 Dictionary s 2 om A2001-44 amdt 1.2168 ins A2006-42 amdt 3.60 Notes s 3 orig s 3 om A2006-42 amdt 3.60 def authorised person om A2006-42 amdt 3.60 def board om A2006-42 amdt 3.60 def chairperson om A2006-42 amdt 3.60 def legal practitioner om A1997-96 sch 1 def member om A2006-42 amdt 3.60 def premises om A2006-42 amdt 3.60 pres s 3 (prev s 4) ins A2005-53 amdt 1.71 renum as s 3 A2006-42 amdt 3.61 Offences against Act—application of Criminal Code etc s 4 orig s 4 om A1993-44 sch 2 prev s 4 renum as s 3 pres s 4 (prev s 4A) ins A2005-53 amdt 1.71 renum as s 4 A2006-42 amdt 3.61 Offences against Act—application of Criminal Code etc s 4A renum as s 4 Appointment of board of inquiry s 5 sub A2006-42 amdt 3.62 Members s 6 am A2006-42 amdt 3.63, amdt 3.76 Remuneration and allowances s 8 om A1997-41 sch 1 Cessation of office s 9 am A2006-42 amdt 3.64 Resignation s 10 om A2006-42 amdt 3.65 Arrangements for staff s 12 am A1994-38 sch 1 pt 47; A2011-22 amdt 1.256 sub A2016-52 amdt 1.106 Endnotes 4 Amendment history page 24 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au General div 3.1 hdg (prev pt 3 div 1 hdg) renum R4 LA Presenting reports s 14A ins A1996-19 s 4 sub A2003-52 s 4 Chief Minister to explain non-presentation of report s 14B ins A2003-52 s 4 am A2006-42 amdt 3.66 Lawyer assisting boards s 15 hdg am A2006-42 amdt 3.75 s 15 am A1997-96 sch 1; A2006-42 amdt 3.75 Protection of members etc s 16 am A2005-53 amdt 1.72; A2006-42 amdt 3.67, amdt 3.75 Nondisclosure of information by members etc s 17 am A1997-96 sch 1; A1998-54 sch; A2006-42 amdt 3.68, amdt 3.69, amdt 3.75 Procedure s 18 sub A2003-52 s 5 Privileges against self-incrimination and exposure to civil penalty s 19 sub A2005-53 amdt 1.73 Search warrants s 20 am A1994-10 s 6 Hearings div 3.2 hdg (prev pt 3 div 2 hdg) renum R4 LA Power to hold s 21 am A2006-42 amdt 3.76 Conduct of hearing s 23 sub A2006-42 amdt 3.70 Presence of people at private hearings s 24 hdg am A2006-42 amdt 3.76 s 24 am A1997-96 sch 1; A2006-42 amdt 3.75 Examination of witnesses s 25 am A1997-96 sch 1; A2006-42 amdt 3.75 Powers in relation to witnesses etc s 26 am A1994-10 s 6 sub A2005-53 amdt 1.74 (4), (5) exp 23 November 2006 (s 26 (5)) Proposed adverse comments in reports s 26A ins A2003-52 s 6 Endnotes Amendment history 4 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Offences pt 4 hdg orig pt 4 hdg om A2005-53 amdt 1.75 Failure of witnesses to attend or produce documents s 27 am A1998-54 sch om A2005-53 amdt 1.75 Refusal to be sworn or give evidence s 28 am A1998-54 sch om A2005-53 amdt 1.75 False evidence s 29 am A1998-54 sch om A2005-53 amdt 1.75 Improper dealings with documents s 30 am A1998-54 sch om A2005-53 amdt 1.75 Intimidation or dismissal of witnesses s 31 am A1994-10 s 6; A1998-54 sch om A2005-53 amdt 1.75 Preventing witnesses from attending s 32 am A1998-54 sch om A2005-53 amdt 1.75 Bribery of witnesses s 33 am A1998-54 sch om A2005-53 amdt 1.75 Fraud on witnesses s 34 am A1998-54 sch om A2005-53 amdt 1.75 Miscellaneous pt 4 hdg orig pt 4 hdg om A2005-53 amdt 1.75 (prev pt 5 hdg) renum A2005-53 amdt 1.77 Application of Criminal Code, ch 7 s 35 am A1998-54 sch om A2005-53 amdt 1.75 ins A2005-53 amdt 1.76 Contempt of board s 36 am A1998-54 sch om A2005-53 amdt 1.75 ins A2005-53 amdt 1.76 Delegation by board s 37 sub A2006-42 amdt 3.71 Endnotes 4 Amendment history page 26 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Publication of published proceedings, reports and comments protected s 38 sub A2003-52 s 7 am A2006-42 amdt 3.72, amdt 3.73 Regulation–making power s 40 sub A2001-44 amdt 1.2169 Miscellaneous pt 5 hdg renum as pt 4 hdg Dictionary dict ins A2006-42 amdt 3.74 am A2011-22 amdt 1.257; A2016-52 amdt 1.107 def authorised person ins A2006-42 amdt 3.74 def board ins A2006-42 amdt 3.74 def chairperson ins A2006-42 amdt 3.74 def member ins A2006-42 amdt 3.74 def premises ins A2006-42 amdt 3.74 Endnotes Earlier republications 5 R10 01/09/16 Inquiries Act 1991 Effective: 01/09/16 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R0A 2 Feb 2006 27 Aug 1993– 13 Mar 1994 A1993-44 amendments by A1993-44 R0B 2 Feb 2006 14 Mar 1994– 30 June 1994 A1994-10 amendments by A1994-10 R1 28 Feb 1995 1 July 1994– 26 May 1996 A1994-38 amendments by A1994-38 R1 (RI) 2 Feb 2006 1 July 1994– 26 May 1996 A1994-38 reissue of printed version R1A 2 Feb 2006 27 May 1996– 23 Sept 1997 A1996-19 amendments by A1996-19 R1B 2 Feb 2006 24 Sept 1997– 31 May 1998 A1997-41 amendments by A1997-41 and includes retrospective amendments by A2002-49 R2 1 June 1998 1 June 1998– 8 Dec 1998 A1997-96 amendments by A1997-96 R2 (RI) 2 Feb 2006 1 June 1998– 8 Dec 1998 A1997-96 reissue of printed version R3 28 Feb 1999 9 Dec 1998– 11 Sept 2001 A1998-54 amendments by A1998-54 Endnotes 5 Earlier republications page 28 Inquiries Act 1991 Effective: 01/09/16 R10 01/09/16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R3 (RI) 2 Feb 2006 9 Dec 1998– 11 Sept 2001 A1998-54 reissue of printed version and includes retrospective amendments by A2002-49 R4 28 Feb 2002 28 Feb 2002– 3 Dec 2003 A2001-44 amendments by A2001-44 R4 (RI) 10 Feb 2003 28 Feb 2002– 3 Dec 2003 A2002-49 reissue for retrospective amendments by A2002-49 R5 4 Dec 2003 4 Dec 2003– 22 Nov 2005 A2003-52 amendments by A2003-52 R6 23 Nov 2005 23 Nov 2005– 15 Nov 2006 A2005-53 amendments by A2005-53 R7 16 Nov 2006 16 Nov 2006– 23 Nov 2006 A2006-42 amendments by A2006-42 R8 24 Nov 2006 24 Nov 2006– 30 June 2011 A2006-42 commenced expiry R9 1 July 2011 1 July 2011– 31 Aug 2016 A2011-22 amendments by A2011-22 © Australian Capital Territory 2016