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Royal Commissions Act 1991
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Australian Capital Territory
Royal Commissions Act 1991
A1991-1
Republication No 16
Effective: 23 June 2021
Republication date: 23 June 2021
Last amendment made by A2021-12
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 Royal Commissions Act 1991 (including any amendment made under
the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
23 June 2021.
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 does not include 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 $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Royal Commissions Act 1991
Effective: 23/06/21
contents 1
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Royal Commissions 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 Royal commissions
5 Appointment of royal commission 3
6 Commissioners 3
7 Terms and conditions of appointment 4
9 Cessation of office 4
11 Termination of appointment 4
12 Arrangements for staff 4
Contents
Page
contents 2 Royal Commissions Act 1991
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Part 3 Inquiries
13 Terms of reference 5
14 Conduct of inquiry 5
15 Reports of commissions 5
16 Presenting reports 6
16A Chief Minister to explain non-presentation of report 6
Part 4 Proceedings of commissions
Division 4.1 General
17 Determination of questions 8
18 Counsel assisting commissions 8
19 Protection of commissioners etc 8
20 Nondisclosure of information by commissioners etc 9
21 Disclosure of information by commissions 10
22 Outstanding matters 10
Division 4.2 Evidence
23 Procedure 11
24 Privileges against self-incrimination and exposure to civil penalty 11
Division 4.3 Powers
25 Search warrants 12
26 Inspection and retention of documents 14
Division 4.4 Hearings
28 Power to hold 15
29 Person presiding 16
30 Conduct of hearing 16
31 Appearance and representation 16
32 Presence of people at private hearings 16
33 Examination of witnesses 17
34 Powers in relation to witnesses etc 17
34A Appearance by audiovisual or audio links 18
35 Apprehension of witnesses failing to appear 18
35A Proposed adverse comments in reports 19
Contents
Page
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Part 5 Miscellaneous
45 Application of Criminal Code, ch 7 21
46 Contempt of commission 21
47 Protection of certain officers 21
48 No proceeding against commission 21
49 Publication of published proceedings, reports and comments protected 22
50 Reimbursement of expenses of witnesses 22
52 Regulation-making power 22
Dictionary 23
Endnotes
1 About the endnotes 25
2 Abbreviation key 25
3 Legislation history 26
4 Amendment history 30
5 Earlier republications 35
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Royal Commissions Act 1991
An Act relating to royal commissions
Part 1 Preliminary
Section 1
page 2 Royal Commissions Act 1991
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Part 1 Preliminary
1 Name of Act
This Act is the Royal Commissions 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, pt 5 (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.
Royal commissions Part 2
Section 5
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Part 2 Royal commissions
5 Appointment of royal commission
(1) The Executive may appoint 1 or more people as a royal commission
to inquire into a matter stated in the instrument of appointment.
Note For the making of appointments, see the Legislation Act, pt 19.3.
(2) An appointment is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
6 Commissioners
(1) A person must not be appointed as a commissioner unless the
person—
(a) is or has been a judge; or
(b) is a lawyer and has been a lawyer for at least 5 years.
(2) If a commission is constituted by 2 or more people, the Executive
must appoint 1 of those people to be the chairperson.
(3) If—
(a) a commission is constituted by 2 or more people; and
(b) a commissioner dies, resigns or is removed from office under
section 11;
the remaining commissioners constitute the commission.
(4) If—
(a) a commission 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 commissioners to be
the chairperson.
Part 2 Royal commissions
Section 7
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7 Terms and conditions of appointment
A commissioner 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.
9 Cessation of office
A commissioner ceases to hold office as a commissioner—
(a) when the commission’s report of its inquiry has been submitted
to the Chief Minister in accordance with section 15; or
(b) if section 22 applies—when the commission notifies the Chief
Minister in accordance with that section that any outstanding
matters have been finalised.
Note A commissioner’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 commissioner for
misbehaviour or physical or mental incapacity.
12 Arrangements for staff
(1) The staff of a commission must be public servants made available to
the commission by the head of service.
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 commissioner, and not
otherwise.
Inquiries Part 3
Section 13
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Part 3 Inquiries
13 Terms of reference
(1) The Executive may, in writing, determine the terms of reference that
are to apply in relation to a matter the subject of an inquiry to be
conducted by a commission.
(2) If the Executive makes a determination under subsection (1), the
commission must conduct the inquiry in accordance with the terms of
reference.
(3) A determination under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
14 Conduct of inquiry
Except as otherwise provided by this Act, an inquiry may be
conducted in the way the commission decides.
15 Reports of commissions
(1) After completing an inquiry, a commission 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) where the Executive has fixed a date for submission of the
report—on or before that date; or
(b) where paragraph (a) does not apply—as soon as practicable after
completion of the inquiry.
(3) A commission may submit with its report a recommendation that, for
the reasons specified in the recommendation, the report or part of the
report should not be published.
Part 3 Inquiries
Section 16
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(4) When submitting its report to the Chief Minister, a commission must
commit any documents or things (except documents or things
required for the purpose of finalising matters under section 22) then
in its possession to the custody of the Chief Minister for safekeeping.
16 Presenting reports
(1) The Chief Minister may present a copy of a report or part of a report
submitted by a commission 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.
16A Chief Minister to explain non-presentation of report
(1) This section applies if—
(a) a commission submits a report to the Chief Minister under
section 16; and
(b) the Chief Minister does not present a copy of the report to the
Legislative Assembly 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 within the
reporting period.
Inquiries Part 3
Section 16A
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(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 commission 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 commission 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.
Part 4 Proceedings of commissions
Division 4.1 General
Section 17
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Part 4 Proceedings of commissions
Division 4.1 General
17 Determination of questions
(1) A question arising before a commission constituted by 2 or more
people must be decided—
(a) if the commission consists of more than 2 commissioners—in
accordance with the opinion of a majority of the commissioners;
or
(b) if the commission consists of 2 commissioners and those
commissioners are divided in opinion—in accordance with the
opinion of the chairperson.
(2) If, in relation to a question arising before a commission constituted
by 2 or more people, the commissioners are not unanimous in
opinion, there must, if a commissioner so requires, be recorded in the
commission’s report particulars of the opinions of the commissioners
on that question.
18 Counsel assisting commissions
A commission may appoint a lawyer to assist the commission, either
generally or in relation to a particular matter.
19 Protection of commissioners etc
(1) A commissioner has, in the exercise of any function as a
commissioner 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 commission or appearing on a person’s behalf at
a hearing before a commission has the same protection and immunity
as a barrister has in appearing for a party in proceedings in the
Supreme Court.
Proceedings of commissions Part 4
General Division 4.1
Section 20
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(3) Subject to this Act, a person subpoened to attend or appearing before
a commission as a witness has the same protection and is subject to
the same liabilities as a witness in proceedings in the Supreme Court.
20 Nondisclosure of information by commissioners etc
(1) This section applies to—
(a) a person who is or has been—
(i) a commissioner; or
(ii) a member of the staff of a commission; or
(iii) a lawyer assisting a commission; and
(b) any other person who has or has had access to information by
virtue of that person’s office or employment under this Act.
(2) A person to whom this section applies 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 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 under this Act.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Part 4 Proceedings of commissions
Division 4.1 General
Section 21
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21 Disclosure of information by commissions
If, in the course of an inquiry, a commission obtains information that
relates or may relate to the commission of an offence, or evidence of
the commission of an offence, against a law of the Territory, the
Commonwealth, a State or another Territory, the commission may, if
in its opinion it is appropriate to do so, communicate the information
or give the evidence to—
(a) the Attorney-General or the appropriate Minister of State for the
Commonwealth, a State or that other Territory; or
(b) the chief police officer.
22 Outstanding matters
(1) If—
(a) a commission has submitted its report in accordance with
section 15; and
(b) there are any outstanding matters connected with the exercise by
the commission of its functions under this Act;
the commission must—
(c) notify the Chief Minister that there are outstanding matters; and
(d) for such time as is necessary, continue to exercise its powers
under this Act for the purpose of finalising those matters.
(2) When any outstanding matters have been finalised, the commission
must—
(a) notify the Chief Minister accordingly; and
(b) commit any documents or things still in its possession to the
custody of the Chief Minister for safekeeping.
Proceedings of commissions Part 4
Evidence Division 4.2
Section 23
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Division 4.2 Evidence
23 Procedure
In conducting its proceedings, a commission—
(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
(c) may do whatever it considers necessary or convenient for the
fair and prompt conduct of the inquiry.
24 Privileges against self-incrimination and exposure to civil
penalty
(1) This section applies if a person is required under section 34 (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 answer, document or information; or
(b) an offence against the Criminal Code, chapter 7 (Administration
of justice offences).
Part 4 Proceedings of commissions
Division 4.3 Powers
Section 25
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Division 4.3 Powers
Note A provision of a law that gives an entity (including a person) a function
also gives the entity powers necessary and convenient to exercise the
function (see Legislation Act, s 196 and dict, pt 1, def entity).
25 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 commission is inquiring (a thing of the
relevant kind); and
(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 commission.
(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
Proceedings of commissions Part 4
Powers Division 4.3
Section 25
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(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).
(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 commission 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 commission.
(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 commissioner authorised by the chairperson to act under that
subsection.
Part 4 Proceedings of commissions
Division 4.3 Powers
Section 26
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26 Inspection and retention of documents
(1) A commission, a commissioner, a member of the staff of a
commission or an authorised person may—
(a) inspect a document or other thing produced before, or delivered
to, the commission; and
(b) retain possession of the document or thing for such period as is
necessary for the purposes of the inquiry to which the document
or thing relates; and
(c) for a document produced before, or delivered to, the
commission—make copies of, or take extracts from, such parts
of the document as are relevant to a matter the subject of the
inquiry.
(2) Where a document is retained under subsection (1) (b)—
(a) the person otherwise entitled to possession of the document is
entitled to be supplied, as soon as practicable, with a copy
certified by a commissioner to be a true copy and the certified
copy must be received in all courts as evidence as if it were the
original; and
(b) until the certified copy is supplied, the commission must, at such
times and places as it considers appropriate, permit the person
otherwise entitled to possession of the document, or a person
authorised by that person, to inspect and make copies of, or take
extracts from, the document.
(3) Where the retention of a document or other thing by a commission
ceases to be necessary for the purposes of an inquiry, the commission
must, if a person who appears to the commission to be entitled to the
document or thing so requests, cause the document or thing to be
delivered to the person.
Proceedings of commissions Part 4
Hearings Division 4.4
Section 28
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Division 4.4 Hearings
28 Power to hold
(1) For the purposes of conducting an inquiry, a commission may hold
hearings.
(2) Subject to subsection (3), a hearing must be in public.
(3) If a commission 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 commission 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
(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 commission; 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 commission.
(4) In considering whether to give a direction under subsection (3), a
commission 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 commission 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 commission 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.
Part 4 Proceedings of commissions
Division 4.4 Hearings
Section 29
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29 Person presiding
The chairperson must preside at a hearing.
30 Conduct of hearing
Except as otherwise provided by this Act, the procedure at a hearing
may be decided by the commission.
31 Appearance and representation
(1) At a hearing—
(a) a person subpoened to attend or appearing before the
commission as a witness may be represented by a lawyer; and
(b) any other person who, in the opinion of the commission, has a
sufficient interest in the inquiry may appear and be represented
by a lawyer.
(2) In subsection (1) (b):
person includes an unincorporated association.
32 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 commissioner; or
(b) a member of the staff of the commission directed to be present;
or
(c) a lawyer assisting the commission; or
(d) giving evidence before the commission; or
(e) the lawyer representing the person giving evidence; or
(f) entitled under a direction under section 28 (3) (a) to be present.
Proceedings of commissions Part 4
Hearings Division 4.4
Section 33
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33 Examination of witnesses
At a hearing—
(a) a lawyer assisting the commission; or
(b) any other person present who is permitted by the chairperson to
do so;
may, so far as the commission considers appropriate, examine or
cross-examine a witness on any matter that the commission considers
relevant to its inquiry.
34 Powers in relation to witnesses etc
(1) The chairperson, 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 commission 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
commission before the date stated in the subpoena for its production.
(3) The chairperson may require a witness appearing at a hearing before
the commission 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;
(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).
Part 4 Proceedings of commissions
Division 4.4 Hearings
Section 34A
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34A Appearance by audiovisual or audio links
(1) This section applies if, in relation to a hearing or a part of a hearing
(the relevant hearing), a commission has given a direction under the
Evidence (Miscellaneous Provisions) Act 1991, section 20 (1)
(Territory courts may take evidence and submissions from
participating States) or section 32 (1) (Territory courts may take
evidence and submissions from another place).
(2) Where this section applies a person who, in a relevant hearing—
(a) is required or entitled to appear personally, whether as a party or
as a witness; or
(b) is entitled to appear for another person;
may appear in that hearing and participate or give evidence, as the
case requires, in accordance with the direction.
(3) A person who appears in a relevant hearing in accordance with this
section is be taken to be before the commission.
35 Apprehension of witnesses failing to appear
(1) If a person served with a subpoena to appear before a commission as
a witness fails to appear or attend under the subpoena, the chairperson
may, on proof of the service of the subpoena, issue a warrant for the
apprehension of the person.
(2) A warrant authorises—
(a) the apprehension of the witness; and
(b) the bringing of the witness before the commission; and
(c) the detention of the witness in custody for that purpose until the
witness is released by order of the chairperson.
(3) A warrant may be executed by—
(a) a police officer; or
Proceedings of commissions Part 4
Hearings Division 4.4
Section 35A
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(b) a member of the police service or force of a State or the Northern
Territory; or
(c) the person to whom it is addressed.
(4) The person executing a warrant may, with such assistance, and by
such force, as is necessary and reasonable, enter any premises for the
purpose of executing the warrant.
(5) The apprehension of a witness under this section does not relieve the
witness from any liability incurred by reason of noncompliance by
the witness with the subpoena.
35A Proposed adverse comments in reports
(1) The commission 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 commission 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 commission in relation to the
proposed adverse comment; or
(ii) give the commission 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
commission’s report of the inquiry; and
(c) state the period within which a submission 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.
Part 4 Proceedings of commissions
Division 4.4 Hearings
Section 35A
page 20 Royal Commissions Act 1991
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(4) A copy of a submission made, or statement given, in relation to the
comment within the time allowed, must be included in the
commission’s report of the inquiry.
(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 5
Section 45
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Part 5 Miscellaneous
45 Application of Criminal Code, ch 7
A proceeding of a commission 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 commission
proceedings.
46 Contempt of commission
A person commits an offence if the person does something in the face,
or within the hearing, of a commission that would be contempt of
court if the commission were a court of record.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
47 Protection of certain officers
A person who is or has been—
(a) a public servant; or
(b) a person acting under the direction of a commissioner;
is not liable, personally, to an action or other proceeding for or in
relation to an act done or omitted to be done honestly in the exercise
or purported exercise of any function given to the person in that
capacity for this Act.
48 No proceeding against commission
A proceeding for an injunction, declaration or prerogative order must
not be brought against a commission.
Part 5 Miscellaneous
Section 49
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49 Publication of published proceedings, reports and
comments protected
(1) The proceedings of a hearing before a commission 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 28 (3) restricts publication of the proceedings or part of them
and the publication of the report contravenes the direction.
(3) A report of a commission 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).
50 Reimbursement of expenses of witnesses
A witness appearing before a commission is entitled to be paid by the
Territory in relation to the expenses of the attendance of the witness
an amount authorised in accordance with the Supreme Court scale of
costs.
52 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
Dictionary
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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
• month
• under.
authorised person means a person declared in writing by the
chairperson to be an authorised person for this Act.
chairperson means—
(a) the chairperson of a commission appointed under section 6 (2)
or (4); or
(b) for a commission constituted by 1 person—that person.
commission means—
(a) a royal commission appointed under section 5; and
(b) for an inquiry—the royal commission appointed to conduct that
inquiry.
commissioner means—
(a) for a commission constituted by 1 person—that person; or
(b) for a commission constituted by 2 or more people—each of
those people.
judge means—
(a) a justice of the High Court; or
(b) a judge of the Federal Court or Family Court; or
Dictionary
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(c) a judge of the Supreme Court; or
(d) a judge of the Supreme Court of a State or the Northern
Territory.
premises includes—
(a) a building or other structure; and
(b) an aircraft, vehicle or vessel; and
(c) a place, whether enclosed or built on, or not.
Endnotes
About the endnotes 1
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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 and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
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 26 Royal Commissions Act 1991
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3 Legislation history
Royal Commissions Act 1991 A1991-1
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)
commenced 27 August 1993 (s 2)
Judicial Commissions (Consequential Amendments) Act 1994
A1994-10 s 10
notified 14 March 1994 (Gaz 1994 No S44)
commenced 14 March 1994 (s 2)
Public Sector Management (Consequential and Transitional
Provisions) Act 1994 A1994-38 sch 1 pt 71
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1, pt 71 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
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)
s 1, s 2 commenced 19 September 1997 (s 2 (1))
sch 1 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))
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1997 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 1 June 1998 (s 2 (2) and Gaz 1998 No 49)
Endnotes
Legislation history 3
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Custodial Escorts (Consequential Provisions) Act 1998 A1998-67 pt
13
notified 23 December 1998 (Gaz 1998 No S212)
s 1, s 2 commenced 23 December 1998 (s 2 (1))
pt 13 commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51)
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999
A1999-22 pt 13
notified 14 April 1999 (Gaz 1999 No S16)
s 1, s 2 commenced 14 April 1999 (s 2 (1))
pt 13 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)
Justice and Community Safety Legislation Amendment Act 2000
(No 3) A2000-17 sch 1
notified 1 June 2000 (Gaz 1997 No 22)
commenced 1 June 2000 (s (2))
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 352
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 352 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 .
Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48
sch 2 pt 2.13
notified LR 31 October 2003
s 1, s 2 commenced 31 October 2003 (LA s 75 (1))
sch 2 pt 2.13 commenced 30 April 2004 (s 2 and LA s 79)
Royal Commissions Amendment Act 2003 A2003-53
notified LR 3 December 2003
s 1, s 2 commenced 3 December 2003 (LA s 75 (1))
remainder commenced 4 December 2003 (s 2)
Endnotes
3 Legislation history
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Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 2 pt 2.82
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.82 commenced 9 April 2004 (s 2 (1))
Criminal Code (Administration of Justice Offences) Amendment
Act 2005 A2005-53 sch 1 pt 1.29
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.29 commenced 23 November 2005 (s 2)
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.31
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.31 commenced 2 June 2006 (s 2 (1) and see Crimes
(Sentence Administration) Act 2005 A2005-59 s 2, Crimes
(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2006
A2006-40 sch 2 pt 2.29
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 2 pt 2.29 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.20
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.20 commenced 16 November 2006 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2010
(No 3) A2010-40 sch 2 pt 2.11
notified LR 5 October 2010
s 1, s 2 commenced 5 October 2010 (LA s 75 (1))
s 3 commenced 6 October 2010 (s 2 (1))
sch 2 pt 2.11 commenced 2 November 2010 (s 2 (2))
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.139
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.139 commenced 1 July 2011 (s 2 (1))
Endnotes
Legislation history 3
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Public Sector Management Amendment Act 2016 A2016-52 sch 1
pt 1.57
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.57 commenced 1 September 2016 (s 2)
Courts and Other Justice Legislation Amendment Act 2018 A2018-9
pt 15
notified LR 29 March 2018
s 1, s 2 commenced 29 March 2018 (LA s 75 (1))
pt 15 commenced 26 April 2018 (s 2)
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.52
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.52 commenced 23 June 2021 (s 2 (1))
Endnotes
4 Amendment history
page 30 Royal Commissions Act 1991
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4 Amendment history
Name of Act
s 1 sub A2006-42 amdt 3.176
Dictionary
s 2 om A2001-44 amdt 1.3827
ins A2006-42 amdt 3.177
Notes
s 3 orig s 3
om A2006-42 amdt 3.177
def authorised person om A2006-42 amdt 3.177
def chairperson om A2006-42 amdt 3.177
def chief police officer om A2006-42 amdt 3.177
def commission om A2006-42 amdt 3.177
def commissioner om A2006-42 amdt 3.177
def judge om A2006-42 amdt 3.177
def legal practitioner om A1997-96 sch 1
def premises om A2006-42 amdt 3.177
pres s 3
(prev s 4) ins A2005-53 amdt 1.141
renum as s 3 A2006-42 amdt 3.178
Notes
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 1.141
renum as s 4 A2006-42 amdt 3.178
Offences against Act—application of Criminal Code etc
s 4A renum as s 4
Appointment of royal commission
s 5 am A2001-44 amdts 1.3828-1.3830
sub A2006-42 amdt 3.179
Commissioners
s 6 am A2006-42 amdt 3.180, amdt 3.181, amdt 3.201
Remuneration and allowances
s 8 am A1994-10 s 10
om A1997-41 sch 1
Cessation of office
s 9 am A2006-42 amdt 3.182
Endnotes
Amendment history 4
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Resignation
s 10 om A2006-42 amdt 3.183
Arrangements for staff
s 12 am A1994-38 sch 1 pt 71; A2011-22 amdt 1.397
sub A2016-52 amdt 1.155
Terms of reference
s 13 am A2001-44 amdt 1.3831, amdt 1. 3832
Conduct of inquiry
s 14 sub A2006-42 amdt 3.184
Reports of commissions
s 15 am A1994-10 s 10
Presenting reports
s 16 sub A2003-53 s 4
Chief Minister to explain non-presentation of report
s 16A ins A2003-53 s 4
am A2006-42 amdt 3.185
General
div 4.1 hdg (prev pt 4 div 1 hdg) renum R3 LA
Determination of questions
s 17 am A2006-42 amdt 3.201
Counsel assisting commissions
s 18 am A1997-96 sch 1; A2006-42 amdt 3.200
Protection of commissioners etc
s 19 am A2005-53 amdt 1.142; A2006-42 amdt 3.186, amdt 3.200
Nondisclosure of information by commissioners etc
s 20 am A1997-96 sch 1; A1998-54 sch ; A2006-42 amdt 3.187,
amdt 3.188, amdt 3.200
Disclosure of information by commissions
s 21 am A2006-42 amdt 3.189
Outstanding matters
s 22 am A1994-10 s 10; A2006-42 amdt 3.190
Evidence
div 4.2 hdg (prev pt 4 div 2 hdg) renum R3 LA
Procedure
s 23 sub A2003-53 s 5
Privileges against self-incrimination and exposure to civil penalty
s 24 sub A2005-53 amdt 1.143
Endnotes
4 Amendment history
page 32 Royal Commissions Act 1991
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Powers
div 4.3 hdg (prev pt 4 div 3 hdg) renum R3 LA
div 4.3 hdg note ins A2006-42 amdt 3.191
Search warrants
s 25 am A1994-10 s 10
Additional powers
s 27 om A2006-42 amdt 3.192
Hearings
div 4.4 hdg (prev pt 4 div 4 hdg) renum R3 LA
Power to hold
s 28 am A2006-42 amdt 3.201
Conduct of hearing
s 30 sub A2006-42 amdt 3.193
Appearance and representation
s 31 am A2005-53 amdt 1.144; A2006-42 amdt 3.200
Presence of persons at private hearings
s 32 hdg am A2006-42 amdt 3.201
s 32 am A1997-96 sch 1; A2006-42 amdt 3.200
Examination of witnesses
s 33 am A1997-96 sch 1; A2006-42 amdt 3.200
Powers in relation to witnesses etc
s 34 am A1994-10 s 10; A2001-44 amdt 1.3833
sub A2005-53 amdt 1.145
Appearance by audiovisual or audio links
s 34A ins A1999-22 s 36
am A2000-17 sch 1; A2003-48 amdt 2.18; A2010-40
amdt 2.19; A2018-9 s 112
Apprehension of witnesses failing to appear
s 35 am A1998-67 s 43; A2005-53 amdt 1.146; A2006-23
amdt 1.279, amdt 1.280
Proposed adverse comments in reports
s 35A ins A2003-53 s 6
Obstruction of authorised persons
s 35B (prev s 35A) ins A1994-10 s 10
am A1998-54 sch
renum R4 LA
om A2004-15 amdt 2.172
Endnotes
Amendment history 4
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Failure of witnesses to attend or produce documents
s 36 am A1998-54 sch
om A2005-53 amdt 1.147
Refusal to be sworn or give evidence
s 37 am A1998-54 sch
om A2005-53 amdt 1.147
False evidence
s 38 am A1998-54 sch
om A2005-53 amdt 1.147
Improper dealings with documents
s 39 am A1998-54 sch
om A2005-53 amdt 1.147
Intimidation or dismissal of witnesses
s 40 am A1994-10 s 10; A1998-54 sch
om A2005-53 amdt 1.147
Preventing witnesses from attending
s 41 am A1998-54 sch
om A2005-53 amdt 1.147
Bribery of witnesses
s 42 am A1998-54 sch
om A2005-53 amdt 1.147
Fraud on witnesses
s 43 am A1998-54 sch
om A2005-53 amdt 1.147
Contempt of commissions
s 44 am A1998-54 sch
om A2005-53 amdt 1.147
Miscellaneous
pt 5 hdg orig pt 5 hdg om A2005-53 amdt 1.147
(prev pt 6 hdg) renum A2005-53 amdt 1.150
Application of Criminal Code, ch 7
s 45 am A1997-96 sch 1; A1998-54 sch
om A2005-53 amdt 1.147
ins A2005-53 amdt 1.148
Contempt of commission
s 46 am A1998-54 sch
om A2005-53 amdt 1.147
ins A2005-53 amdt 1.148
Protection of certain officers
s 47 am A2006-42 amdt 3.194
Endnotes
4 Amendment history
page 34 Royal Commissions Act 1991
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No proceeding against commission
s 48 sub A2006-40 amdt 2.171
Publication of published proceedings, reports and comments protected
s 49 am A1994-10 s 10
sub A2003-53 s 7
am A2006-42 amdt 3.195, amdt 3.196
References to subpoena
s 50A ins A2005-53 amdt 1.149
exp 23 November 2006 (s 50A (2))
Approved forms
s 51 sub A2001-44 amdt 1.3834
am A2006-42 amdt 3.197, amdt 3.198
om A2021-12 amdt 3.163
Regulation-making power
s 52 ins A2001-44 amdt 1.3834
Miscellaneous
pt 6 hdg renum as pt 5 hdg
Dictionary
dict ins A2006-42 amdt 3.199
am A2011-22 amdt 1.398
def authorised person ins A2006-42 amdt 3.199
def chairperson ins A2006-42 amdt 3.199
def commission ins A2006-42 amdt 3.199
def commissioner ins A2006-42 amdt 3.199
def judge ins A2006-42 amdt 3.199
def premises ins A2006-42 amdt 3.199
Endnotes
Earlier republications 5
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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
18 Oct 2007
27 Aug 1993–
13 Mar 1994
A1993-44 amendments by
A1993-44
R0B
18 Oct 2007
14 Mar 1994–
30 June 1994
A1994-10 amendments by
A1994-10
R1
28 Feb 1995
1 July 1994–
23 Sept 1997
A1994-38 amendments by
A1994-38
R1 (RI)
18 Oct 2007
1 July 1994–
23 Sept 1997
A1994-38 reissue of printed
version
R1A
18 Oct 2007
24 Sept 1997–
31 May 1998
A1997-41 amendments by
A1997-41 and
includes
retrospective
amendments by
A2002-49
R1B
18 Oct 2007
23 Dec 1998–
31 Aug 1999
A1998-67 amendments by
A1997-96,
A1998-54 and
A1998-67 and
includes
retrospective
amendments by
A2002-49
R2
1 Sept 1999
1 Sept 1999–
31 May 2000
A1999-22 amendments by
A1999-22
Endnotes
5 Earlier republications
page 36 Royal Commissions Act 1991
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Republication
No and date
Effective Last
amendment
made by
Republication
for
R2 (RI)
18 Oct 2007
1 Sept 1999–
31 May 2000
A1999-22 amendments by
A1999-22 and
includes
retrospective
amendments by
A2002-49
R2A
18 Oct 2007
1 June 2000–
11 Sept 2001
A2000-17 amendments by
A2000-17 and
includes
retrospective
amendments by
A2002-49
R3
18 Feb 2002
12 Sept 2001–
3 Dec 2003
A2001-44 amendments by
A2001-44
R3 (RI)
18 Oct 2007
12 Sept 2001–
3 Dec 2003
A2001-44 reissue for
retrospective
amendments by
A2002-49
R4
4 Dec 2003
4 Dec 2003–
8 Apr 2004
A2003-53 amendments by
A2003-53
R5
9 Apr 2004
9 Apr 2004–
29 Apr 2004
A2004-15 amendments by
A2004-15
R6
30 Apr 2004
30 Apr 2004–
22 Nov 2005
A2004-15 amendments by
A2003-48
R7
23 Nov 2005
23 Nov 2005–
1 June 2006
A2005-53 amendments by
A2005-53
R8
2 June 2006
2 June 2006–
28 Sept 2006
A2006-23 amendments by
A2006-23
R9
29 Sept 2006
29 Sept 2006–
15 Nov 2006
A2006-40 amendments by
A2006-40
R10
16 Nov 2006
16 Nov 2006–
23 Nov 2006
A2006-42 amendments by
A2006-42
R11
24 Nov 2006
24 Nov 2006–
1 Nov 2010
A2006-42 commenced expiry
R12
2 Nov 2010
2 Nov 2010–
30 June 2011
A2010-40 amendments by
A2010-40
Endnotes
Earlier republications 5
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Republication
No and date
Effective Last
amendment
made by
Republication
for
R13
1 July 2011
1 July 2011–
31 Aug 2016
A2011-22 amendments by
A2011-22
R14
1 Sept 2016
1 Sept 2016–
25 April 2018
A2016-52 amendments by
A2016-52
R15
26 Apr 2018
26 Apr 2018–
22 June 2021
A2018-9 amendments by
A2018-9
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