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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Special Commission of Inquiry (James
Hardie Records) Amendment Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Special Commission of Inquiry
(James Hardie Records) Act 2004 No 78 2
Schedule 1 Amendments 3
Special Commission of Inquiry (James Hardie Records) Amendment Bill 2004
Contents
Page
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Special Commission of Inquiry (James
Hardie Records) Amendment Bill 2004
Act No , 2004
An Act to amend the Special Commission of Inquiry (James Hardie Records) Act
2004 to make further provision with respect to transferred records; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Special Commission of Inquiry (James Hardie Records) Amendment
Clause 1 Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Special Commission of Inquiry (James Hardie Records)
Amendment Act 2004.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Special Commission of Inquiry (James Hardie Records)
Act 2004 No 78
The Special Commission of Inquiry (James Hardie Records) Act 2004
is amended as set out in Schedule 1.
Page 2
Special Commission of Inquiry (James Hardie Records) Amendment
Bill 2004
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
ACCC means the Australian Competition and Consumer
Commission established under the Trade Practices Act 1974 of
the Commonwealth.
[2] Section 4 ASIC entitled to control of records of James Hardie Special
Commission of Inquiry
Omit "any person" from section 4 (2).
Insert instead "the ACCC or any other person".
[3] Section 7 Use of transferred records
Insert ", or giving of possession or custody by ASIC to the ACCC or any other
person," after "ASIC" where firstly occurring.
[4] Section 7
Insert ", the ACCC or other person" after "ASIC" where secondly and thirdly
occurring.
[5] Section 8 Use and admissibility in proceedings of transferred records
Insert ", or given into the possession or custody of the ACCC or any other
person," after "obtained" in section 8 (1).
[6] Section 8 (2) (c) and (d)
Insert after section 8 (2) (b):
, or
(c) the giving into the possession or the custody of the ACCC
or any other person of any record under this Part, or
(d) the publication or use by the ACCC or other person of the
record, or of matter in or referred to in the record, in
connection with the performance of its functions or the
exercise of its powers under any law.
Page 3
Special Commission of Inquiry (James Hardie Records) Amendment
Bill 2004
Schedule 1 Amendments
[7] Section 16 and Schedule 1
Insert after section 15:
16 Savings and transitional provisions
Schedule 1 has effect.
Schedule 1 Savings and transitional provisions
(Section 16)
1 Transferred records given to ACCC and other persons
Section 7, as amended by the Special Commission of Inquiry
(James Hardie Records) Amendment Act 2004, extends to the
giving of possession or custody of a record by ASIC to the ACCC
or any other person under Part 2 before the commencement of
that Act.
Page 4
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