Australian Capital Territory Numbered Acts

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JUDICIAL COMMISSIONS (CONSEQUENTIAL - SECT 10

10. (1) In this section, “Principal Act” means the Royal Commissions Act 1991.

(2) Section 8 of the Principal Act is amended by omitting from subsection (3) “annual”.

(3) Section 15 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

“(4) When submitting its report to the Chief Minister, a Commission shall 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.”.

(4) Section 22 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

“(2) When any outstanding matters have been finalised, the Commission shall—

        (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.”.

(5) Section 25 of the Principal Act is amended by omitting from paragraph (1) (b) “summons” and substituting “search warrant”.

(6) Section 34 of the Principal Act is amended by inserting in paragraph (5) (b) “or other thing” after “document”.

(7) Before section 36 of the Principal Act the following section is inserted in Part V:

Obstruction of authorised persons

“35A. A person shall not, without reasonable excuse, obstruct or hinder a police officer or an authorised person in the exercise of his or her powers under section 25.

Penalty: $5,000 or imprisonment for 6 months, or both.”.

(8) Section 40 of the Principal Act is amended by omitting paragraphs (1) (a) and (b) and substituting the following paragraphs:

    “(a)     because the person appeared or is to appear before a Commission as a witness or pursuant to a summons or warrant;

        (b)     because of any evidence given, or any document or other thing produced, by the person before a Commission; or

        (c)     because of any thing that was seized or delivered to a Commission pursuant to a search warrant.”.

(9) Section 40 of the Principal Act is amended by omitting paragraphs (2) (a) and (b) and substituting the following paragraphs:

    “(a)     because the employee appeared or is to appear before a Commission as a witness or pursuant to a summons or warrant;

        (b)     because of any evidence given, or any document or other thing produced, by the employee before a Commission; or

        (c)     because of any thing that was seized or delivered to a Commission pursuant to a search warrant.”.

(10) Section 49 of the Principal Act is amended by omitting “Board” and substituting “Commission”.

Supreme Court Act 1933

11. (1) Section 4 of the Supreme Court Act 1933 is amended by omitting subsection (6).

(2) Section 44 of the Supreme Court Act 1933 is repealed and the following section substituted:

Retirement

“44. The Executive may, with the consent of the Master if he or she is—

        (a)     an eligible employee for the purposes of the Superannuation Act 1976 of the Commonwealth; or

        (b)     a member of the Superannuation Scheme for the purposes of the Superannuation Act 1990 of the Commonwealth;

retire the Master from office on the ground of invalidity.”.

(3) Section 45 of the Supreme Court Act 1933 is amended by omitting subsection (6).

[Presentation speech made in Assembly on 16 December 1993]

© Australian Capital Territory 2003



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