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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Royal Commissions Amendment
Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Royal Commissions Act 1923 No 29 3
Schedule 2 Amendment of Special Commissions of Inquiry Act
1983 No 90 6
b2013-007-33.d08
New South Wales
Royal Commissions Amendment
Bill 2013
No , 2013
A Bill for
An Act to amend the Royal Commissions Act 1923 with respect to Royal
Commissions, and to amend the Special Commissions of Inquiry Act 1983.
Clause 1 Royal Commissions Amendment Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Royal Commissions Amendment Act 2013. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Royal Commissions Amendment Bill 2013
Amendment of Royal Commissions Act 1923 No 29 Schedule 1
Schedule 1 Amendment of Royal Commissions Act 1
1923 No 29 2
[1] Section 4 Definitions 3
Omit "and includes the members of the commission, or a quorum thereof, or 4
the sole commissioner, sitting for the purposes of the inquiry" from the 5
definitions of Commission and Royal Commission. 6
Insert instead "and includes a sole commissioner or a member or members of 7
the commission sitting for the purposes of the inquiry". 8
[2] Section 5 Commissioners 9
Omit section 5 (2). Insert instead: 10
(2) In this Division chairperson means the chairperson of a 11
commission, and includes (except in section 5A): 12
(a) a deputy chairperson of a commission appointed by the 13
letters patent or chosen by the other commissioners in 14
accordance with the letters patent to act in the absence of 15
the chairperson, and 16
(b) a member of a commission acting in accordance with an 17
authorisation under section 5A (3). 18
[3] Section 5A 19
Insert after section 5: 20
5A Commissioners authorised to sit for purposes of any part of 21
inquiry 22
(1) A commissioner may sit for the purposes of any part of an inquiry 23
if: 24
(a) the commissioner is a sole commissioner, or 25
(b) all the members, or a quorum of the members, of the 26
commission are sitting for the purposes of that part of the 27
inquiry, or 28
(c) the commissioner is the chairperson of the commission, or 29
(d) the commissioner is a member of the commission 30
authorised by the chairperson to sit for the purposes of that 31
part of the inquiry. 32
(2) More than one member may be authorised under 33
subsection (1) (d) by the chairperson to sit for the purposes of a 34
part of the inquiry, in which case the member designated by the 35
chairperson is to preside. 36
Page 3
Royal Commissions Amendment Bill 2013
Schedule 1 Amendment of Royal Commissions Act 1923 No 29
(3) A member authorised under subsection (1) (d) or, if there is more 1
than one member so authorised, the designated presiding member 2
is authorised to exercise the powers of the chairperson of the 3
commission under the other sections of this Division (unless the 4
authorisation under subsection (1) (d) provides otherwise). 5
(4) If a member is authorised under subsection (1) (d), 6
commissioners may sit concurrently for the purposes of an 7
inquiry. 8
[4] Section 11 Answers and documents 9
Insert at the end of the section: 10
(4) If a commission obtains for the purposes of the inquiry any 11
document or other thing or any information that is provided 12
voluntarily by a person, subsection (3) applies to the person as if 13
the person were a witness appearing before the commission. 14
[5] Section 15 15
Omit the section. Insert instead: 16
15 Application of Division 17
(1) The provisions of this Division have effect if the chairperson of a 18
commission or the sole commissioner is a qualified person, 19
namely: 20
(a) a Judge of the Supreme Court of the State or of any other 21
State or Territory, a Judge of the Federal Court of Australia 22
or a Justice of the High Court of Australia, or 23
(b) a former Judge or Justice of any such court, or 24
(c) a person qualified to be appointed as a Judge or Justice of 25
any such court (but only if in the letters patent by which the 26
commission is issued, or in other letters patent under the 27
Public Seal, the Governor declares that this Division has 28
effect in relation to the commission). 29
(2) In this Division, commissioner means a chairperson or sole 30
commissioner who is such a qualified person, and also includes a 31
member of a commission who is such a qualified person and who 32
has been authorised by the chairperson to exercise powers under 33
this Division (but only if the chairperson is also such a qualified 34
person). 35
Page 4
Royal Commissions Amendment Bill 2013
Amendment of Royal Commissions Act 1923 No 29 Schedule 1
[6] Schedule 1 1
Insert at the end of the Act: 2
Schedule 1 Savings and transitional provisions 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or 5
transitional nature consequent on the enactment of the Royal 6
Commissions Amendment Act 2013 or any other Act that amends 7
this Act. 8
(2) Any such provision may, if the regulations so provide, take effect 9
from the date of assent to the Act concerned or a later date. 10
(3) To the extent to which any such provision takes effect from a date 11
that is earlier than the date of its publication on the NSW 12
legislation website, the provision does not operate so as: 13
(a) to affect, in a manner prejudicial to any person (other than 14
the State or an authority of the State), the rights of that 15
person existing before the date of its publication, or 16
(b) to impose liabilities on any person (other than the State or 17
an authority of the State) in respect of anything done or 18
omitted to be done before the date of its publication. 19
2 Operation of amendments made by Royal Commissions 20
Amendment Act 2013 21
(1) In this clause: 22
Child Sexual Abuse Royal Commission means the Royal 23
Commission into institutional responses to allegations and 24
incidents of child sexual abuse and related matters, issued by the 25
Governor by Letters Patent on 25 January 2013 (and including 26
any later alterations and variations of those Letters Patent). 27
Child Sexual Abuse Special Commission of Inquiry means the 28
Special Commission of Inquiry into the police investigation of 29
certain matters concerning alleged child sexual abuse, issued by 30
the Governor by Letters Patent on 21 November 2012 and altered 31
and varied by the Governor by Letters Patent on 25 January 2013 32
(and including any later alterations and variations of those Letters 33
Patent). 34
(2) The amendments made by the Royal Commissions Amendment 35
Act 2013 to this Act and to the Special Commissions of Inquiry 36
Act 1983 extend to the Child Sexual Abuse Royal Commission 37
and to the Child Sexual Abuse Special Commission of Inquiry. 38
Page 5
Royal Commissions Amendment Bill 2013
Schedule 2 Amendment of Special Commissions of Inquiry Act 1983 No 90
Schedule 2 Amendment of Special Commissions of 1
Inquiry Act 1983 No 90 2
Section 17 Answers and documents 3
Insert at the end of the section: 4
(4) If a Commissioner obtains for the purposes of the Special 5
Commission any document or other thing or any information that 6
is provided voluntarily by a person, subsection (3) applies to the 7
person as if the person were a witness appearing before the 8
Special Commission. 9
Page 6
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