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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CARRUTHERS INQUIRY
ENABLING BILL 1996
Queensland
CARRUTHERS INQUIRY ENABLING
BILL 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2--AMENDMENT OF THE CRIMINAL JUSTICE ACT
1989
6 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Insertion of new s 132C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
132C Protection of Carruthers Inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1996
A BILL
FOR
An Act to ensure the resumption, protection and completion of an
inquiry by the Criminal Justice Commission
s1 4 s3
Carruthers Inquiry Enabling
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Carruthers Inquiry Enabling Act 1996. 4
5
Commencement
2. Part 2 is taken to have commenced on the date of assent of the 6
Criminal Justice Legislation Amendment Act 1996. 7
8
Definitions
3. In this part-- 9
"Carruthers Inquiry" means the Criminal Justice Commission's inquiry 10
that the Honourable Kenneth Carruthers QC has been appointed to 11
conduct including-- 12
(a) the inquiry into circumstances of the execution of a memorandum 13
of understanding purported to be signed by the Honourable 14
Robert Borbidge, then Leader of the Opposition, the Honourable 15
Russell Theo Cooper, the coalition spokesman for Police, 16
Corrective Services and Racing, and Sergeant Gary Wilkinson, 17
President, Queensland Police Union of Employees; and 18
(b) the investigation into circumstances relating to a letter dated 19
13 July 1995 purported to be signed by the then Premier, the 20
Honourable W.K. Goss and addressed to Sporting Shooters of 21
Australia (Queensland) Incorporated. 22
"CJC Inquiry" means the inquiry into the Criminal Justice Commission 23
established under the Commissions of Inquiry Act 1950 under the 24
order in council published in the gazette on 7 October 1996 at pages 25
475 and 476. 26
s4 5 s7
Carruthers Inquiry Enabling
1
Declaration
4. It is declared that-- 2
(a) the Parliament of Queensland believes this Act removes all 3
impediments to the Honourable Kenneth Carruthers QC's 4
completing, and being seen to complete, an impartial report for 5
the Carruthers Inquiry that may exist because of the Criminal 6
Justice Act 1989, sections 132A and 132B and any action directed 7
to the Carruthers Inquiry by the CJC Inquiry; and 8
(b) the Parliament of Queensland expresses its earnest wish that the 9
Honourable Kenneth Carruthers QC resume the Carruthers 10
Inquiry and believes that it is in the public interest that he should 11
do so and complete his report as soon as possible; and 12
(c) this Act authorises the Honourable Kenneth Carruthers QC to 13
resume the conduct of the Carruthers Inquiry immediately on his 14
withdrawal of his resignation from the inquiry. 15
Saving 16
5. To avoid doubt, it is declared that section 4(c) does not affect the 17
Criminal Justice Act 1989, section 25(2)(d). 18
PART 2--AMENDMENT OF THE CRIMINAL 19
JUSTICE ACT 1989 20
amended in pt 2 21
Act
6. This part amends the Criminal Justice Act 1989. 22
of new s 132C 23
Insertion
7. After section 132B-- 24
insert-- 25
s7 6 s7
Carruthers Inquiry Enabling
of Carruthers Inquiry 1
`Protection
`132C. (1) Sections 132A and 132B and the Commissions of Inquiry Act 2
1950 apply subject to this section. 3
`(2) The CJC inquiry must not take any action that has the effect of 4
hindering the deliberations of the Carruthers Inquiry, including the 5
completion of a report for the Carruthers Inquiry. 6
`(3) Without limiting the generality of subsection (2), the CJC inquiry 7
must not during the deliberations of the Carruthers Inquiry-- 8
(a) summons a person involved in the conduct of the Carruthers 9
Inquiry to give evidence about the Carruthers Inquiry or about 10
information, or anything else, in the person's possession because 11
of the Carruthers Inquiry's deliberations or use of its powers; or 12
(b) require any person involved in the conduct of the Carruthers 13
Inquiry to disclose information, or produce anything, in the 14
person's possession because of the Carruthers Inquiry's 15
deliberations or use of its powers; or 16
(c) search for or seize anything in the possession of the Carruthers 17
Inquiry, or a person involved in the conduct of the Carruthers 18
Inquiry, because of the Carruthers Inquiry's deliberations or use 19
of its powers. 20
`(4) The commencement of this section does not make a person liable 21
civilly, criminally or under an administrative process, if the person would 22
not be so liable if this section had not commenced, for anything done by the 23
person in relation to the Carruthers Inquiry under sections 132A and 132B 24
or the Commissions of Inquiry Act 1950 after the commencement of the 25
Criminal Justice Legislation Amendment Act 1996 and before the Bill for 26
the Carruthers Inquiry Enabling Act 1996 was passed by the Legislative 27
Assembly. 28
`(5) In this section-- 29
"Carruthers Inquiry" means-- 30
(a) the Criminal Justice Commission's inquiry that the Honourable 31
Kenneth Carruthers QC has been appointed to conduct 32
including-- 33
(i) the inquiry into circumstances of the execution of a 34
s7 7 s7
Carruthers Inquiry Enabling
memorandum of understanding purported to be signed by 1
the Honourable Robert Borbidge, then Leader of the 2
Opposition, the Honourable Russell Theo Cooper, the 3
coalition spokesman for Police, Corrective Services and 4
Racing, and Sergeant Gary Wilkinson, President, 5
Queensland Police Union of Employees; and 6
(ii) the investigation into circumstances relating to a letter dated 7
13 July 1995 purported to be signed by the then Premier, the 8
Honourable W.K. Goss and addressed to Sporting Shooters 9
of Australia (Queensland) Incorporated; or 10
(b) the Criminal Justice Commission's inquiry mentioned in 11
paragraph (a) conducted by someone appointed by the Criminal 12
Justice Commission to continue the inquiry after the resignation 13
of the Honourable Kenneth Carruthers QC or anyone else 14
appointed by the Criminal Justice Commission to conduct the 15
inquiry. 16
"CJC inquiry" means the CJC inquiry into the Criminal Justice 17
Commission mentioned in section 132B(1). 18
"person involved", in the conduct of the Carruthers Inquiry, includes a 19
person helping the Carruthers Inquiry.'. 20
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