4Act binds the Crown

4 Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

See also sections 8 and 131.

Part 2—Royal Commissions

Division 1—Establishment of Royal Commissions

5 Establishment of Royal Commission by letters patent

(1) The Governor, with the advice of the Premier, may issue a commission by letters patent under the Public Seal of the State appointing one or more natural persons to constitute a Royal Commission to inquire into and report on the terms of reference specified in the letters patent.

(2) Letters patent issued under this section—

(i) the person or persons appointed to constitute the Royal Commission;

(ii) if more than one person is appointed, the person who is to chair the Royal Commission;

(iii) the terms of reference of the Royal Commission; and

(i) a time by which the Royal Commission is to report on its inquiry;

(ii) whether the commissioners may perform functions conferred on them under the law of the Commonwealth, another State or a Territory;

(iii) whether the Royal Commission is authorised to incur expenses and financial obligations to be met from the Consolidated Fund and, if so, the maximum amount of those expenses and obligations;

(iv) the manner in which the inquiry of the Royal Commission is to be conducted;

(v) if there is more than one commissioner, which (if any) of the functions of the Royal Commission must be performed by the commissioners jointly and which (if any) may be performed by one or more commissioners separately;

(vi) any other matter the Governor considers appropriate.

See section 123 for restrictions on the scope and powers of a Royal Commission in relation to certain entities.