The Act creates a mixed enforcement regime combining parliamentary compulsion powers, statutory criminal offences, explicit application of Criminal Code principles and administrative financial controls.
Compulsion and administrative enforcement powers. The Committee may summon persons to appear and produce documents (s 13). A summons must be signed by the Chair or Deputy Chair and may be served personally, left at or posted to the witness’s usual place of business or abode (s 13(2)-(3)). If a summoned person, having been tendered reasonable conveyance expenses, fails to appear or to continue in attendance, the Chair or Deputy Chair may issue a warrant for apprehension (s 14(1)-(2)). The warrant can authorise the executing officer to apprehend the person, bring them before the Committee, and detain them in custody until released by the Chair or Deputy Chair (s 14(3)). The warrant may be executed by the addressee or a person appointed by them, and the executing person may break and enter a building, place or ship to execute the warrant (s 14(4)). These provisions give the Committee enforceable, court‑adjacent powers to secure attendance and documents.
Criminal offences and penalties. The Act contains a specific high‑penalty offence and a general offence provision:
- False evidence: it is an offence to give false evidence on oath or affirmation before the Committee (s 18). The stipulated penalty is five years’ imprisonment (s 18).
- General offences: a person who contravenes or fails to comply with a provision of the Act, other than the false‑evidence provision, commits an offence under s 21(1). Such an offence may be prosecuted summarily or on indictment (s 21(2)), with the statute prescribing different maximum penalties: summary prosecution carries a fine up to $200 or imprisonment up to six months; indictment carries a fine up to $400 or imprisonment up to one year (s 21(3)(a)-(b)). The Act also provides that a person cannot be punished more than once in respect of the same offence (s 21(2)).
Criminal Code overlay and burden notes. Section 4A expressly applies Chapter 2 of the Criminal Code to offences against the Act. The statutory text contains explanatory notes in sections 15 and 17 that state a defendant bears a legal burden in relation to proving reasonable excuse or just cause for failing to obey a summons or refusing to be sworn, to answer a question, or to produce a document (s 15 note; s 17 note). Those notes refer the reader to section 13.4 of the Criminal Code for the consequences of such a legal burden, although the Criminal Code text is not reproduced in the Act.
Protections and immunities. The Act protects witnesses from retaliatory acts: a person shall not use or inflict violence, punishment, damage, loss or disadvantage on a person for having appeared or for evidence lawfully given (s 19(2)). Witnesses also enjoy the same protection and privileges as High Court witnesses (s 19(1)). These protections reduce risks of extrajudicial reprisals and are enforceable alongside the Act’s offence provisions.
Procedural limits on disclosure. The Act imposes statutory limits on publication and disclosure of evidence taken in private. If the evidence was taken in private at a witness’s request and has not already been published, the Committee or a member must not disclose or publish the evidence without the witness’s consent, and others require both the witness’s consent and Committee authorisation (s 11A(2)). If private evidence was taken otherwise and not published, disclosure by a member or another person requires Committee authorisation (s 11A(3)). The Committee may give written authorisation signed by the Chair (s 11A(4)). Section 11A is stated to operate notwithstanding section 2 of the Parliamentary Papers Act 1908 (s 11A(5)), indicating a statutory override of that Parliamentary Papers Act provision where relevant.
Enforcement boundaries. The Act explicitly prevents the Committee from directing the activities of the Auditor‑General or the Independent Auditor (s 8(1A)). That limit constrains enforcement to data gathering, reporting and recommendation powers rather than operational direction or management sanctions.
Administrative financial enforcement. The Act controls remuneration and expenses by requiring Chair or Deputy Chair certification before allowances are payable (s 22(2)), pays certified allowances from the Consolidated Revenue Fund (s 22(3)), and places an annual cap of $20,000 on total allowances, with the Finance Minister empowered to make proportionate abatement to reduce payments to the cap (s 23). These provisions create an administrative enforcement mechanism to limit Committee remuneration and shift to the Finance Minister (an executive actor) the power to effect reductions where the cap would be exceeded.
Execution and detention practicalities. Warrants for non‑appearance permit arrest and detention until released by the Chair or Deputy Chair (s 14(3)) and authorise break‑and‑enter to execute the warrant (s 14(4)). The Act does not prescribe maximum detention time limits beyond the “until released” wording, nor does it specify judicial oversight or bail procedures in the warrant provisions; the Criminal Code overlay and other general criminal procedure laws would apply in practice but are not reproduced in the Act.
In summary, enforcement combines parliamentary compulsion (summonses, warrants, detention), criminal penalties for false evidence and for other contraventions, and administrative controls on remuneration and fees. The Criminal Code applies to offences under the Act. Witnesses enjoy High Court witness privileges and statutory protection against punitive acts for giving evidence, while private examination rules and Committee authorisation control disclosure of confidential evidence.