ROYAL COMMISSIONS ACT 1923 - SECT 12A
Communication of information etc
ROYAL COMMISSIONS ACT 1923 - SECT 12A
Communication of information etc
12A Communication of information etc
(1) A commission may communicate any information or furnish any material
(including evidence) that it obtains in the course of the inquiry conducted by
it to a Commission of Inquiry, if the information or material relates or may
relate to matters within the terms of reference of the Commission of Inquiry.
(2) A commission may communicate any information or furnish any material
(including evidence) that it obtains in the course of the inquiry conducted by
it to a law enforcement agency, if the information or material relates or may
relate to a breach of a law of the State, of another State or Territory or of
the Commonwealth.
(3) In this section:
"Commission of Inquiry" means a person or body holding a commission to inquire
into and report on any matters and having:
(a) powers under this Act, or
(b)
powers under another law of the State or under a law of another State or
Territory or of the Commonwealth, being in either case a law that has the same
or a similar purpose or effect as this Act (such as the Royal Commissions Act
1902 of the Commonwealth).
"law enforcement agency" means a person or body with responsibilities for the
enforcement of laws of the State, of another State or Territory or of the
Commonwealth, including but not limited to any of the following:
(a) the
Attorney General of New South Wales, of another State or Territory or of the
Commonwealth,
(b) the Director of Public Prosecutions of New South Wales, of
another State or Territory or of the Commonwealth,
(c) the Commissioner of
Police of New South Wales or the holder of a similar position in another State
or Territory,
(d) the Commissioner of Police in the Australian Federal
Police,
(e) the New South Wales Crime Commission,
(f) the Independent
Commission Against Corruption,
(g) the Australian Crime Commission,
(h) the
Trade Practices Commission,
(i) the Australian Securities Commission,
(j) a
task force set up to investigate any matters relating to breaches of law and
arising out of the inquiry conducted by the commission.
(4) The reference in
this section to a
"task
force" is limited to a State task force or a joint task force. A State
task force is one set up by the State or an authority of the State. A joint
task force is one set up jointly by the State or an authority of the State and
by one or more other Australian jurisdictions or their authorities. An
Australian jurisdiction is a State or Territory or the Commonwealth. Subject
to the above provisions of this subsection, the expression "task force"
includes a body of persons that is similar to a task force, however it is
described.
(5) Nothing in this section derogates from or affects any powers a
commission has apart from this section, and it is not to be construed as
limiting in any way any such power by implication or otherwise.