Victorian Consolidated Legislation

Evidence (Commissions) Act 1982 - SECT 4

Communication of information to special commissions

4. Communication of information to special commissions



(1) Where by reason of the operation of-



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   (b)  section 140A of the Stamps Act 1958;



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   (bb) section 17 of the Financial Institutions Duty Act 1982;





   (c)  section 5 of the Pay-roll Tax Act 1971; or

   (d)  section 5 of the Business Franchise (Tobacco) Act 1974-

information of the kind specified in any of those sections may be given to a
special commission, the special commission may-

   (e)  in a manner that does not identify and is not reasonably capable of
        being used to identify the person to whom the information relates-

   (i)  communicate the information to the Governor in a report by the special
        commission; or

   (ii) divulge the information in the course of a proceeding conducted by the
        special commission;

   (f)  communicate the information to the Attorney-General if the special
        commission is of the opinion that the information indicates a person
        may have committed an offence against an Act; or

   (g)  divulge or communicate the information to a person or employee under
        the control of the special commission for the purposes of or in
        connexion with the enquiry being conducted by the special commission.

(2) Where information is communicated to the Attorney-General, the
Attorney-General may communicate the information-

   (a)  to the Chief Commissioner of Police for Victoria; or

   (b)  to a person or employee under the control of the Attorney-General for
        the purpose of communicating the information to the Chief Commissioner
        of Police for Victoria.

(3) Where the information is communicated to the Chief Commissioner of Police
for Victoria he may divulge or communicate that information to any person or
employee under his control for the purposes of or in connexion with the
performance by that person or employee of the duties of his office or
employment.

(4) A person to whom information is given by reason of the operation of this
section shall not make a record of or divulge or communicate that information
to any person (other than a person authorized by this section).

Penalty: 10 penalty units.

(5) A reference in subsection (1) to a person under the control of a special
commission includes a reference to-

   (a)  a legal practitioner appointed by the Attorney-General to assist the
        special commission; and



   (b)  a person assisting a legal practitioner so appointed.



(6) A reference in subsection (2) to a person under the control of the
Attorney-General includes a reference to-

   (a)  an officer of, or person employed in, the Law Department;

   (b)  a person holding office, or employed, under an Act administered by the
        Attorney-General; and

   (c)  a person under the control of a person to whom paragraph (b) applies.

(7) A person to whom information is communicated under this section shall not
be required to divulge or communicate that information to any court.

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ENDNOTES

1. General Information The Evidence (Commissions) Act 1982 was assented to on
13 July 1982 and came into operation on 13 July 1982: section 1(2). 2. Table
of Amendments This Version incorporates amendments made to the
Evidence (Commissions) Act 1982 by Acts and subordinate instruments.
------------------------------------------------------------- Energy
Consumption Levy Act 1982, No. 9846/1982 Endnotes Assent Date: 21.12.82
Commencement Date: 1.10.82: s. 1(2) Current State: All of Act in operation
Financial Institutions Duty Act 1982, No. 9850/1982 Assent Date: 21.12.82
Commencement Date: S. 106 on 1.12.82: s. 1(2) Current State: This information
relates only to the provision/s amending the Evidence (Commissions) Act 1982
Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84
Commencement Date: 22.5.84: subject to s. 3(2) Current State: All of Act in
operation Legal Practice Act 1996, No. 35/1996 Assent Date: 6.11.96
Commencement Date: S. 453(Sch. 1 item 30) on 1.1.97: s. 2(3) Current State:
This information relates only to the provision/s amending the
Evidence (Commissions) Act 1982 Gas Industry (Amendment) Act 1997, No. 36/1997
Assent Date: 3.6.97 Commencement Date: S. 20(2) on 1.7.97: Special Gazette
(No. 58) 3.6.97 p. 2. Current State: This information relates only to the
provision/s amending the Evidence (Commissions) Act 1982 Statute Law Revision
Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1
item 44) on 22.11.00: s. 2(1) Current State: This information relates only to
the provision/s amending the Evidence (Commissions) Act 1982
Land Tax Act 2005, No. 88/2005 Assent Date: 29.11.05 Commencement Date: S.
117(Sch. 2 item 2) on 1.1.06: s. 2 Current State: This information relates
only to the provision/s amending the Evidence (Commissions) Act 1982
------------------------------------------------------------- 3. Explanatory
Details No entries at date of publication.

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Evidence (Commissions) Act 1982 No. 9766 of 1982