A Bill for an Act to provide for the appointment of a Royal Commission to investigate the accuracy, independence and use of intelligence information that contributed to the decision to invade Iraq in 2003, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Invasion of Iraq Royal Commission (Restoring Public Trust in Government) Act 2004.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Objects of the Act

The objects of this Act are to:

(a) require the establishment of a Royal Commission to investigate the intelligence advice that was provided to the Commonwealth Government that related to its decision to invade Iraq in 2003 and to continue to occupy Iraq in 2004; and

(b) expose any misrepresentation, neglect or omission of advice provided to the Commonwealth Government by the Australian Public Service or other sources that related to this invasion; and

(c) expose any misrepresentation, neglect or omission in the Commonwealth Government’s public communication of this intelligence.

4 Establishment of Royal Commission

(1) As soon as practicable, but not later than 30 days after the commencement of this Act, a Royal Commission, to be known as the Royal Commission into the Invasion and Occupation of Iraq, is to be established by Letters Patent issued by the Governor-General in the name of the Queen.

(2) The Letters Patent establishing the Royal Commission must specify such subjects for inquiry and report as are set out in section 5.

(3) The Royal Commission shall be 3 persons appointed by the Governor-General, each of whom shall be a former judge of the High Court or of a Supreme Court of a State or Territory and one of whom shall be appointed to be the Chair of the Royal Commission.

5 Terms of reference

(1) The Royal Commission shall, after due inquiry, report to the Governor-General on:

(a) the nature and extent of the intelligence provided to the Commonwealth Government relating to its decision to commit Australian military forces to the invasion of Iraq in 2003 and to continue to occupy Iraq in 2004; and

(b) the accuracy and independence of this intelligence; and

(c) an assessment of how the Commonwealth Government verified this intelligence and the accuracy with which the Commonwealth Government conveyed this intelligence to the public.

6 Proceedings of the Royal Commission

(1) Proceedings of the Royal Commission shall be in public, but the Chair shall have the power to exclude any person for reasons he or she thinks sufficient.

(2) If the Royal Commission has not reported before the writs are issued for a general election for members of the House of Representatives next occurring after the commencement of this Act, the Royal Commission must, within 10 days of the issue of those writs, provide an interim report to the Governor-General.

(3) Upon receipt by the Governor-General of a report or interim report of the Royal Commission, the Attorney-General shall:

(a) cause a copy of the report or interim report to be laid before each House of the Parliament within 2 sitting days of that House;

(b) cause a copy of the interim report provided in accordance with subsection (2) to be publicly released within 14 days of the issue of the writs specified in subsection (2).

7 Royal Commission may sit at any place

The Royal Commission may sit at any place or places in Australia.

8 Application of Royal Commissions Act 1902

Subject to this Act, the Royal Commission Act 1902 applies, by force of this Act, to and in relation to the Royal Commission as if it were a Royal Commission in accordance with that Act.

 

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