4Issue of commission

#### 4 Issue of commission 4 Issue of commission > > (1) The Governor may, by letters patent under the Public Seal of the State, being letters patent expressed to be made or issued under the authority of this Act, issue a commission to a person specified in the commission: > > > > > (a) authorising or requiring the person to inquire into and report to the Governor on any matter specified in the commission, and > > > > > (b) establishing a Special Commission of Inquiry for that purpose. > > > (2) A person is not eligible to be issued a commission unless the person: > > > > > (a) is or is qualified to be appointed as a Judge of the Supreme Court of the State or of any other State or Territory, a Judge of the Federal Court of Australia or a Justice of the High Court of Australia, or > > > > > (b) is a former Judge or Justice of any court referred to in paragraph (a). > > > (2A) A person is not eligible to be issued a commission if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth. > > > (3) The provisions of this Act apply to and in respect of a commission issued under this Act. > > > (4) The [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029) does not apply to or in respect of a commission issued under this Act or any inquiry held in relation to it. > > **s 4:** Am 1993 No 87, Sch 5; 2012 No 95, Sch 1.17 \[2\].