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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Royal Commissions (Powers) Amendment
Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to Royal
Commissions Act 1968
3. The Act amended 3
4. Section 4 amended 3
5. Sections 8A and 8B inserted 3
6. Section 9 amended 5
7. Section 12 repealed 6
8. Sections 13 and 14 replaced by sections 12A to 15E 6
9. Section 16 amended 14
10. Section 17 replaced by sections 16A and 17 15
11. Section 18 amended 17
12. Section 19B replaced 17
13. Section 32 amended 18
14. Amendments as to offences and penalties 19
Part 3 -- Amendments to Surveillance
Devices Act 1998
15. The Act amended 20
16. Section 3 amended 20
17. Section 9 amended 22
18. Section 11 amended 22
19. Section 15 amended 22
20. Section 16 amended 23
320--2 page i
Royal Commissions (Powers) Amendment Bill 2004
Contents
21. Section 17 amended 23
22. Section 20 amended 23
23. Section 31 amended 23
24. Section 37 amended 23
25. Section 40 amended 24
26. Section 41 amended 24
27. Section 43A inserted 24
28. Section 44 amended 25
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Royal Commissions (Powers) Amendment
Bill 2004
A Bill for
An Act to amend the --
• Royal Commissions Act 1968; and
• Surveillance Devices Act 1998.
The Parliament of Western Australia enacts as follows:
page 1
Royal Commissions (Powers) Amendment Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Royal Commissions (Powers)
Amendment Act 2004.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Royal Commissions Act 1968 Part 2
s. 3
Part 2 -- Amendments to Royal Commissions Act 1968
3. The Act amended
The amendments in this Part are to the Royal Commissions
Act 1968*.
5 [* Reprinted as at 14 September 2001.]
4. Section 4 amended
Section 4 is amended as follows:
(a) in the definition of "documents" by deleting "1906." and
inserting instead --
10 " 1906; ";
(b) after the definition of "documents" by inserting --
"
"officer of the Commission", in relation to a
Commission, means --
15 (a) a person appointed by the Attorney General
to assist the Commission; or
(b) any other person appointed, employed,
seconded or engaged to assist the
Commission.
20 ".
5. Sections 8A and 8B inserted
After section 8 the following sections are inserted --
"
8A. Power to obtain information from public authority
25 or officer
(1) In this section --
"public authority" and "public officer" have the
meanings given to those terms in section 3 of the
Corruption and Crime Commission Act 2003.
page 3
Royal Commissions (Powers) Amendment Bill 2004
Part 2 Amendments to Royal Commissions Act 1968
s. 5
(2) A Commission may, for the purposes of the inquiry,
serve written notice on a public authority or public
officer, requiring the authority or officer to produce a
statement of information.
5 (3) A notice under this section must --
(a) specify or describe the information required;
(b) fix a time and day by which the statement of
information must be produced; and
(c) specify the person (being the Commission or an
10 officer of the Commission) to whom the
production is to be made.
(4) The notice --
(a) may provide that the requirement may be
satisfied by some other person acting on behalf
15 of the public authority or public officer; and
(b) may specify the person or class of persons who
may so act.
(5) The powers conferred by this section may be exercised
despite --
20 (a) any rule of law which, in proceedings in a
court, might justify an objection to the
production of a statement of information on
grounds of public interest;
(b) any privilege of a public authority or public
25 officer in that capacity which the authority or
officer could have claimed in a court of law; or
(c) any duty of secrecy or other restriction on
disclosure applying to a public authority or
public officer.
30 (6) Subsection (5) does not limit or otherwise affect the
operation of the Parliamentary Privileges Act 1891.
page 4
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Royal Commissions Act 1968 Part 2
s. 6
(7) A statement of information produced by a person in
compliance with a notice served under this section is
not admissible in evidence against that person in any
civil or criminal proceedings except --
5 (a) contempt proceedings; or
(b) proceedings for an offence against this Act.
(8) Despite subsection (7), the person may, in any civil or
criminal proceedings, be asked about the statement
under section 21 of the Evidence Act 1906.
10 8B. Power to obtain documents and other things
(1) A Commission may, for the purposes of the inquiry,
serve written notice on a person requiring the person --
(a) to attend, at a time and place specified in the
notice, before the Commission or an officer of
15 the Commission as specified in the notice; and
(b) to produce at that time and place to the person
so specified documents, books, writings or
things specified in the notice.
(2) The notice --
20 (a) may provide that the requirement may be
satisfied by some other person acting on behalf
of the person on whom it was imposed; and
(b) may specify the person or class of persons who
may so act.
25 ".
6. Section 9 amended
Section 9 is amended by deleting "or writings" and inserting
instead --
" writings or things ".
page 5
Royal Commissions (Powers) Amendment Bill 2004
Part 2 Amendments to Royal Commissions Act 1968
s. 7
7. Section 12 repealed
Section 12 is repealed.
8. Sections 13 and 14 replaced by sections 12A to 15E
Sections 13 and 14 are repealed and the following sections are
5 inserted instead --
"
12A. Contempt: failing to produce statement of
information
A person who --
10 (a) fails, without reasonable excuse, to comply
with a notice served on the person under
section 8A; or
(b) in purported compliance with a notice served
on the person or some other person under
15 section 8A, furnishes information knowing it to
be false or misleading in a material particular,
is in contempt of the Commission.
13. Contempt: failing to attend or produce documents
(1) A person who fails, without reasonable excuse, to --
20 (a) attend before a Commission or an officer of a
Commission as required by a notice under
section 8B; or
(b) produce any documents, books, writings or
things to a Commission or an officer of a
25 Commission as required by a notice under
section 8B,
is in contempt of the Commission.
(2) A person who fails, without reasonable excuse, to --
(a) attend before a Commission as required by a
30 summons under section 9 and by section 10; or
page 6
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Royal Commissions Act 1968 Part 2
s. 8
(b) produce any documents, books, writings or
things to a Commission as required by a
summons under section 9,
is in contempt of the Commission.
5 (3) If a person released by order of a Commission under
section 16A on condition that the person appear and
report before the Commission in accordance with the
terms of the order fails, without reasonable excuse, so
to appear and report, the person is in contempt of the
10 Commission.
(4) In this section --
"reasonable excuse" means an excuse that would
excuse a similar failure by a witness, or a person
summoned as a witness, before the Supreme Court
15 but, despite section 31(2), in the case of failure to
produce any documents, books, writings or things
it does not include the excuse that their
production --
(a) might incriminate or tend to incriminate the
20 person or render the person liable to a
penalty; or
(b) would be in breach of an obligation of the
person not to disclose information, or not to
disclose the existence or contents of a
25 document, whether the obligation arose
under an enactment or otherwise.
14. Contempt: failing to be sworn or to give evidence
when summoned
(1) A person served with a summons under section 9
30 requiring the person to attend a Commission and give
evidence who --
(a) refuses to be sworn or make an affirmation; or
page 7
Royal Commissions (Powers) Amendment Bill 2004
Part 2 Amendments to Royal Commissions Act 1968
s. 8
(b) fails to answer any question relevant to the
investigation that the Commission requires the
person to answer,
is in contempt of the Commission.
5 (2) Despite section 31(2), a person required by the
Commission to answer a question relevant to the
inquiry is not excused from the requirement to answer
the question on the ground that the answer might
incriminate or tend to incriminate the person or render
10 the person liable to a penalty.
15. Contempt: hindering execution of search warrants
(1) This section applies to a Commission to which
section 18 applies.
(2) In this section --
15 "authorised person" has the meaning given to that
term in section 18(11).
(3) A person who, without reasonable excuse --
(a) prevents or attempts to prevent an authorised
person from exercising a power conferred by or
20 under section 18;
(b) hinders or obstructs an authorised person in the
exercise of a power conferred by or under
section 18;
(c) fails to comply with a direction or request of an
25 authorised person under section 18(2)(b)
or (4)(d); or
(d) fails to comply with a condition imposed on the
person under section 18(6)(b),
is in contempt of the Commission.
30 (4) Despite section 31(2), a person is not excused from
producing documents, books, writings or things under
page 8
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Royal Commissions Act 1968 Part 2
s. 8
section 18(4)(d) on the ground that their production
might incriminate or tend to incriminate the person or
render the person liable to a penalty.
(5) A person who furnishes to an authorised person acting
5 under a warrant issued under section 18 information
that is false in a material particular is in contempt of
the Commission.
15A. Other contempts
(1) A person who --
10 (a) threatens or insults --
(i) a Commission;
(ii) a person appointed by the Attorney
General to assist a Commission;
(iii) any witness summoned to attend or
15 appearing before a Commission; or
(iv) a person authorised by a Commission to
appear before it for the purpose of
representing any person;
(b) interrupts the proceedings of a Commission
20 without reasonable excuse;
(c) creates or continues or joins in creating or
continuing, a disturbance in or near a place
where a Commission is conducting an inquiry;
or
25 (d) does anything else at an inquiry conducted by
the Commission or otherwise that would be
contempt of court if the Commission were a
Judge acting judicially,
is in contempt of the Commission.
30 (2) A Commission may order that a person who under
subsection (1) is in contempt of the Commission at an
page 9
Royal Commissions (Powers) Amendment Bill 2004
Part 2 Amendments to Royal Commissions Act 1968
s. 8
inquiry be excluded from the place where the inquiry is
being conducted.
(3) An officer of the Commission, acting under the
Commission's order, may exclude the person from the
5 place and may use necessary and reasonable help and
force to do so.
15B. Punishment of contempt of Commission
(1) In this section and sections 15C to 15E --
"defendant" means a person alleged to be in contempt
10 of a Commission.
(2) Where a contempt of a Commission is alleged to have
taken place, the Commission may present to the
Supreme Court a certificate setting out the details of
the act or omission that the Commission considers
15 constitutes the alleged contempt.
(3) Unless the defendant has been --
(a) required under section 15C to show cause why
the defendant should not be dealt with under
section 15B for contempt of the Commission;
20 or
(b) apprehended under a warrant under
section 15C(4),
the Commission is to give the defendant a written
statement setting out the details of the alleged
25 contempt.
(4) A certificate presented under subsection (2) is prima
facie evidence of the matters certified in it.
(5) Where a certificate is presented under subsection (2),
the Supreme Court has jurisdiction as if the alleged
30 contempt were a contempt of that Court.
page 10
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Royal Commissions Act 1968 Part 2
s. 8
(6) A Commissioner cannot be compelled to attend before
the Supreme Court to give evidence in proceedings for
an alleged contempt of a Commission.
(7) A record or transcript of the proceedings of a
5 Commission is admissible in evidence in proceedings
for an alleged contempt of the Commission.
(8) A person is not liable to be punished for contempt
under this section in respect of failure to comply with a
summons served under section 9 if, in the case of a
10 failure to produce any documents, books, writings or
things, the person proves that the documents, books,
writings or things were not relevant to the inquiry.
(9) If the appointment of a Commission ends before a
certificate has been presented under subsection (2) in
15 relation to an alleged contempt, the alleged contempt
may be dealt with on the motion of the Attorney
General as if the person concerned were in contempt of
the Supreme Court and the Supreme Court has
jurisdiction accordingly.
20 15C. General provisions regarding contempt
(1) The Chairman may cause a summons in writing under
the Chairman's hand to be served on a defendant
requiring the defendant to attend the Commission at a
time and place named in the summons to show cause
25 why the defendant should not be dealt with under
section 15B for contempt of the Commission.
(2) If the defendant fails to attend before the Commission
in obedience to the summons, and no reasonable
excuse to the satisfaction of the Commission is offered
30 for the failure, the Chairman may, on proof of the
service of the summons, issue a warrant for the
defendant to be apprehended and brought before the
page 11
Royal Commissions (Powers) Amendment Bill 2004
Part 2 Amendments to Royal Commissions Act 1968
s. 8
Commission to show cause why the defendant should
not be dealt with under section 15B for the contempt.
(3) If a contempt of a Commission is committed in the face
or hearing of the Commission, no summons need be
5 served on the defendant, but the defendant may be --
(a) taken into custody in a prison or elsewhere then
and there by a member of the Police Force or a
person authorised for the purpose by the
Commission; and
10 (b) called on to show cause why the defendant
should not be dealt with under section 15B for
the contempt.
(4) The Chairman may issue a warrant for the
apprehension of the defendant while the defendant
15 (whether or not already in custody under this section) is
before the Commission and for the defendant to be
brought before the Supreme Court as soon as is
practicable.
(5) A warrant under subsection (4) authorises the
20 apprehension of the defendant and the defendant being
brought before the Supreme Court and detained in
custody in a prison or elsewhere for that purpose.
(6) The warrant is to be accompanied by either the
instrument by which the Commission certifies the
25 contempt to the Supreme Court or a written statement
setting out the details of the alleged contempt.
(7) The Commission may revoke the warrant at any time
before the defendant is brought before the Supreme
Court.
30 (8) When the defendant is brought before the Supreme
Court, the Court may, pending determination of the
matter, direct that the defendant be kept in such
page 12
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Royal Commissions Act 1968 Part 2
s. 8
custody as the Court may determine or direct that the
defendant be released.
15D. Conditional release of defendant
(1) At any time before a defendant detained under
5 section 15C is brought before the Supreme Court the
Commission may by order release the defendant on
condition that the defendant appear before the Supreme
Court.
(2) The release of a defendant under subsection (1) may
10 (but need not) be made subject to --
(a) one or more conditions for the purpose of
ensuring the attendance of the defendant before
the Supreme Court (for example, the provision
of sureties by the defendant, the surrender of
15 any passport held by the defendant, a
requirement as to where the defendant is to live
and regular reporting by the defendant to the
Commission); and
(b) any other condition that the Commission thinks
20 appropriate.
(3) The Commission may by order amend, revoke or add
to the conditions to which the release of a defendant
under subsection (1) is subject.
(4) A defendant who without reasonable excuse fails to
25 comply with a condition to which the release of the
defendant under subsection (1) is subject is guilty of an
offence.
Penalty: Imprisonment for 2 years and a fine of
$24 000.
page 13
Royal Commissions (Powers) Amendment Bill 2004
Part 2 Amendments to Royal Commissions Act 1968
s. 9
15E. Conduct that is both a contempt and an offence
(1) An act or omission may be punished as a contempt of a
Commission even though it could be punished as an
offence.
5 (2) An act or omission may be punished as an offence even
though it could be punished as a contempt of a
Commission.
(3) If an act or omission constitutes both an offence and a
contempt of a Commission the defendant is not liable
10 to be punished twice.
".
9. Section 16 amended
(1) Section 16(2) is repealed and the following subsections are
inserted instead --
15 "
(2) The Chairman may issue a warrant for the
apprehension of a person whose evidence is desired
and is necessary and relevant to the Commission's
inquiry if the Chairman is satisfied by evidence on oath
20 or affirmation that it is probable that the person --
(a) will not attend before the Commission to give
evidence without being compelled to do so; or
(b) is about to or is making preparation to leave the
State and the person's evidence will not be
25 obtained by the Commission if the person
departs.
(2a) A warrant may be issued under subsection (2) without
or before the issue of a summons to the person whose
evidence is desired.
30 (2b) A warrant may be issued under subsection (2) after the
issue of a summons to the person whose evidence is
page 14
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Royal Commissions Act 1968 Part 2
s. 10
desired, even though the time specified in the summons
for the person to attend has not yet passed.
(2c) A warrant under this section authorises the
apprehension of the person and the person being
5 promptly brought before the Commission and detained
in custody for that purpose in a prison or elsewhere
until released by order of the Commission.
".
(2) Section 16(3) is amended by deleting "pursuant to
10 subsections (1) and (2)" and inserting instead --
" under this section ".
10. Section 17 replaced by sections 16A and 17
Section 17 is repealed and the following sections are inserted
instead --
15 "
16A. Conditional release of a witness
(1) At any time before a person detained under section 16
is brought before the Commission, the Commission
may by order release the person on condition that the
20 person appear and report before the Commission unless
excused from attendance or until released from further
attendance by the Commission.
(2) The release of a person under subsection (1) may (but
need not) be made subject to --
25 (a) one or more conditions for the purpose of
ensuring the further attendance of the person
before the Commission (for example, the
provision of sureties by the person, the
surrender of any passport held by the person, a
30 requirement as to where the person is to live
and regular reporting by the person to the
Commission); and
page 15
Royal Commissions (Powers) Amendment Bill 2004
Part 2 Amendments to Royal Commissions Act 1968
s. 10
(b) any other condition that the Commission thinks
appropriate.
(3) The Commission may by order amend, revoke or add
to the conditions to which the release of a person under
5 subsection (1) is subject.
(4) A person who without reasonable excuse fails to
comply with a condition to which the release of the
person under subsection (1) is subject is guilty of an
offence.
10 Penalty: Imprisonment for 2 years and a fine of
$24 000.
17. Review by Supreme Court
(1) A person who has not been released by the
Commission under section 15D or 16A may apply to
15 the Supreme Court for a review of the decision not to
release the person.
(2) A person who has been released under section 15D or
16A may apply to the Supreme Court for a review of
the terms of a condition to which the release is subject.
20 (3) The Supreme Court may do either or both of the
following --
(a) affirm or set aside a decision by the
Commission not to release the person or any
condition imposed by the Commission to which
25 the release is subject;
(b) make any order that the Commission may make
in relation to the detention or release of the
person.
(4) The Supreme Court may also exercise its powers under
30 subsection (3) where the Commission has not made a
decision within a reasonable time on the release of a
person under section 15D or 16A.
page 16
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Royal Commissions Act 1968 Part 2
s. 11
(5) An order under subsection (3) is taken to be an order of
the Commission.
".
11. Section 18 amended
5 Section 18(7) to (10) are repealed.
12. Section 19B replaced
Section 19B is repealed and the following section is inserted
instead --
"
10 19B. Restrictions on recording and publication of
proceedings
(1) In this section --
"publishes" includes broadcasts;
"visual recording" means any recording on any
15 medium from which a moving image may be
produced by any means, and includes the
accompanying sound track.
(2) A person who makes a sound recording of proceedings
of a Commission is in contempt of the Commission
20 unless the recording is made --
(a) for the purpose of a fair report of the
proceedings; or
(b) with the leave of the Commission.
(3) Subsection (2)(a) does not apply if the Commission has
25 directed that a sound recording of the proceedings is
not to be made.
(4) A person who photographs or makes a visual recording
of proceedings of a Commission without the leave of
the Commission is in contempt of the Commission.
page 17
Royal Commissions (Powers) Amendment Bill 2004
Part 2 Amendments to Royal Commissions Act 1968
s. 13
(5) A person who, without the leave of a Commission,
publishes --
(a) a sound recording of proceedings of the
Commission made under subsection (2)(a);
5 (b) a photograph or visual recording of proceedings
of the Commission;
(c) a written record or transcript of proceedings of
the Commission, or of evidence given before
the Commission, which the Commission has
10 directed not to be published; or
(d) any documents, books or writings produced to
or obtained by the Commission which the
Commission has directed not to be published,
is in contempt of the Commission.
15 (6) If the appointment of a Commission has ended, the
Governor may give the leave referred to in
subsection (5) and that subsection applies as if leave
had been given by the Commission.
(7) If a contravention of subsection (5) occurs after the
20 appointment of a Commission has ended, the
contravention may be dealt with on the motion of the
Attorney General as if the person concerned were in
contempt of the Supreme Court and the Supreme Court
has jurisdiction accordingly.
25 ".
13. Section 32 amended
Section 32 is amended by deleting "Crown in right of the" in
both places where it occurs.
page 18
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Royal Commissions Act 1968 Part 2
s. 14
14. Amendments as to offences and penalties
Sections 24, 25, 26, 27, 28, 29 and 30(1) are amended as
follows:
(a) by deleting " misdemeanour." and inserting instead --
5 " crime. ";
(b) by deleting the penalty and inserting instead --
"
Penalty: Imprisonment for 5 years.
Summary conviction penalty: Imprisonment for 2 years
10 and a fine of $24 000.
".
page 19
Royal Commissions (Powers) Amendment Bill 2004
Part 3 Amendments to Surveillance Devices Act 1998
s. 15
Part 3 -- Amendments to Surveillance Devices Act 1998
15. The Act amended
The amendments in this Part are to the Surveillance Devices
Act 1998*.
5 [* Reprint 1 as at 12 September 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 382 and
s. 3(3) of Act No. 10 of 2002.]
16. Section 3 amended
10 (1) Section 3(1) is amended in the definition of "authorised person"
as follows:
(a) after paragraph (aa) by deleting "and";
(b) before paragraph (c) by inserting --
"
15 (b) in the case of a designated Commission, a
person authorised for the purpose by the
designated Commission; and
".
(2) Section 3(1) is amended in the definition of "emergency
20 authorisation" by inserting before "or a member" --
" , an officer of a designated Commission ".
(3) Section 3(1) is amended in the definition of "law enforcement
officer" by inserting before paragraph (c) --
"
25 (b) an officer of a designated Commission;
".
page 20
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Surveillance Devices Act 1998 Part 3
s. 16
(4) Section 3(1) is amended by inserting in the appropriate
alphabetical positions --
"
"designated Commission" means a Royal
5 Commission under the Royal Commissions
Act 1968 to which, by the terms of appointment or
in an instrument made by the Governor, this Act is
expressly declared to apply;
"officer of a designated Commission" means --
10 (a) a person appointed by the Attorney General
to assist a designated Commission; or
(b) any other person appointed, employed,
seconded or engaged to assist a designated
Commission;
15 ".
(5) After section 3(2) the following subsections are inserted --
"
(3) For the purposes of a designated Commission this Act
operates as if --
20 (a) a reference in section 5(3)(b) or 6(3)(b)(ii) to a
suspected criminal offence included a reference
to suspected misconduct;
(b) a reference in section 13(1)(a) or (b), (2)(a) or
(8)(a) or 17(1)(a) or (b) to an offence included a
25 reference to an act of misconduct; and
(c) a reference in section 13(1)(b) or (8)(a) or
17(1)(b) to a suspected offence included a
reference to suspected misconduct.
(4) In subsection (3) --
30 "misconduct" has the meaning given to that term by
section 4 of the Corruption and Crime
Commission Act 2003.
".
page 21
Royal Commissions (Powers) Amendment Bill 2004
Part 3 Amendments to Surveillance Devices Act 1998
s. 17
17. Section 9 amended
After section 9(2)(a)(iii) the following subparagraph is
inserted --
"
5 (iiia) to a designated Commission or to any
person or persons authorised for the
purpose by a designated Commission;
".
18. Section 11 amended
10 Section 11 is amended by inserting before "or a member" --
" , an officer of a designated Commission ".
19. Section 15 amended
(1) Section 15(1) is amended as follows:
(a) after paragraph (aa) by deleting "or";
15 (b) before paragraph (c) by inserting --
"
(b) in the case of a designated Commission, a
person authorised by the designated
Commission; or
20 ".
(2) Section 15(3) is amended as follows:
(a) before paragraph (c) by inserting --
"
(b) in the case of an application by an officer of a
25 designated Commission, is required to attach an
authorisation of the designated Commission or
a person delegated by the designated
Commission for the action proposed;
";
page 22
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Surveillance Devices Act 1998 Part 3
s. 20
(b) in paragraph (f)(i) by inserting before "or member" --
" , an officer of a designated Commission ".
20. Section 16 amended
Section 16(4) is amended by inserting before "or a member" --
5 " , an officer of a designated Commission ".
21. Section 17 amended
Section 17(2)(d)(ii) is amended by inserting before "or the
member" --
" , the officer of a designated Commission ".
10 22. Section 20 amended
Section 20 is amended as follows:
(a) by inserting before "or a member" --
" , an officer of a designated Commission ";
(b) by inserting before "or the member" --
15 " , the officer of a designated Commission ".
23. Section 31 amended
Before section 31(3)(b)(iii) the following subparagraph is
inserted --
"
20 (ii) a designated Commission;
".
24. Section 37 amended
Section 37(2)(b) is amended by inserting after "(a)" --
" , (aa) ".
page 23
Royal Commissions (Powers) Amendment Bill 2004
Part 3 Amendments to Surveillance Devices Act 1998
s. 25
25. Section 40 amended
(1) Section 40(1)(a) and (b) are amended by deleting "Crown" and
inserting instead --
" State ".
5 (2) Section 40(3) is amended by inserting before "or any
member" --
" , any officer of a designated Commission ".
26. Section 41 amended
(1) Section 41(1) is amended as follows:
10 (a) by inserting before "and the" --
" , a designated Commission ";
(b) in paragraph (a), by inserting before "or a member" --
" , an officer of the designated Commission ".
(2) Section 41(2) is amended by inserting before "or the" --
15 " , the designated Commission ".
(3) Section 41(3) is amended by inserting before "and the" --
" , a designated Commission ".
27. Section 43A inserted
After section 43 the following section is inserted --
20 "
43A. Reports by Royal Commissions
(1) A designated Commission may furnish to the Attorney
General a report containing information relating to --
(a) applications for warrants and extensions of
25 warrants, including the number of such
applications and the orders made in respect of
such applications;
page 24
Royal Commissions (Powers) Amendment Bill 2004
Amendments to Surveillance Devices Act 1998 Part 3
s. 28
(b) applications for emergency authorisations,
including the number of such applications and
the authorisations issued in respect of such
applications; and
5 (c) such other matters relating to the use of
surveillance devices and the administration of
this Act as the designated Commission
considers appropriate.
(2) The Attorney General shall cause a report furnished by
10 a designated Commission under subsection (1) to be
laid before each House of Parliament as soon as is
practicable.
".
28. Section 44 amended
15 Section 44(1)(f) is amended by inserting after "report" --
"
or to enable a designated Commission to
furnish a report under section 43A
".
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