Australian Capital Territory
Royal Commissions Act 1991
A1991-1
Republication No 2A
Effective:  1 June 2000 – 11 September 2001
Republication date: 18 October 2007
Last amendment made by A2000-17
(republication for amendments by A2000-17 and 
includes retrospective amendments by A2002-49)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Royal Commissions Act 1991 effective from 1 June 2000 to 11 September 2001.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
In preparing this republication, amendments have not been made under section 13.

Australian Capital Territory

Royal Commissions Act 1991
CONTENTS
	
PART 1—PRELIMINARY
	1	Short title	
	2	Commencement	
	3	Interpretation	
PART 2—ROYAL COMMISSIONS
	5	Appointment	
	6	Commissioners	
	7	Terms and conditions of appointment	
	9	Cessation of office	
	10	Resignation	
	11	Termination of appointment	
	12	Staff	
PART 3—INQUIRIES
	13	Terms of reference	
	14	Conduct	
	15	Reports of commissions	
	16	Tabling reports	
PART 4—PROCEEDINGS OF COMMISSIONS
Division 1—General
	17	Determination of questions	
	18	Counsel assisting commissions	
	19	Protection of commissioners etc	
	20	Nondisclosure of information by commissioners etc	
	21	Disclosure of information by commissions	
	22	Outstanding matters	
Division 2—Evidence
	23	Procedure	
	24	Admissibility of evidence	
Division 3—Powers
	25	Search warrants	
	26	Inspection and retention of documents	
	27	Additional powers	
Division 4—Hearings
	28	Power to hold	
	29	Person presiding	
	30	Conduct	
	31	Appearance and representation	
	32	Presence of persons at private hearings	
	33	Examination of witnesses	
	34	Power to summon witnesses and take evidence	
	34A	Appearance by audiovisual or audio links	
	35	Apprehension of witnesses failing to appear	
PART 5—OFFENCES
	35A	Obstruction of authorised persons	
	36	Failure of witnesses to attend or produce documents	
	37	Refusal to be sworn or give evidence	
	38	False evidence	
	39	Improper dealings with documents	
	40	Intimidation or dismissal of witnesses	
	41	Preventing witnesses from attending	
	42	Bribery of witnesses	
	43	Fraud on witnesses	
	44	Contempt of commissions	
	45	False representation	
	46	Dealing with certain offences summarily	
PART 6—MISCELLANEOUS
	47	Protection of certain officers	
	48	No proceedings against commissions	
	49	Publication of proceedings protected	
	50	Reimbursement of expenses of witnesses	
	51	Regulations	
	ENDNOTES
	1	About this republication	
	2	Abbreviation key	
	3	Table of legislation	
	4	Table of amendments	
	5	Table of earlier republications	

Australian Capital Territory

Royal Commissions Act 1991
An Act relating to royal commissions
PART 1—PRELIMINARY
1 	Short title
	This Act may be cited as the Royal Commissions Act 1991.
2 	Commencement
(1) 	Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2) 	The remaining provisions commence on a day fixed by the Minister by notice in the Gazette.
(3) 	If the remaining provisions have not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, those provisions, by force of this subsection, commence on the first day after the end of that period. 
3 	Interpretation
(1) 	In this Act, unless the contrary intention appears— 
authorised person means a person or class of persons declared in writing by the chairperson to be an authorised person or authorised class of persons for the purposes of this Act. 
chairperson means the chairperson of a commission appointed under subsection 6 (2) or (4). 
chief police officer means the police officer who is responsible for the day-to-day administration and control of police services in the Territory. 
commission— 
	(a)	means a royal commission appointed under section 5; and 
	(b)	in relation to an inquiry, means the royal commission appointed to conduct that inquiry. 
commissioner—
	(a)	in relation to a commission constituted by 1 person—means that person; or 
	(b)	in relation to a commission constituted by 2 or more persons—means each of those persons. 
judge means—
	(a)	a justice of the High Court; or
	(b)	a judge of the Federal Court or Family Court; or
	(c)	a judge of the Supreme Court; or 
	(d)	a judge of the Supreme Court of a State or the Northern Territory.
premises includes— 
	(a)	a building or other structure; and
	(b)	an aircraft, vehicle or vessel; and
	(c)	a place, whether enclosed or built on, or not.
(2) 	In this Act, unless the context otherwise requires, a reference to the chairperson of a commission shall, in relation to a commission constituted by 1 person, be read as a reference to that person. 
PART 2—ROYAL COMMISSIONS
5 	Appointment
	The Executive may, by instrument published in the Gazette, appoint 1 or more persons as a royal commission to inquire into a matter specified in the instrument of appointment. 
6 	Commissioners
(1) 	A person shall not be appointed as a commissioner unless the person—
	(a)	is or has been a judge; or 
	(b)	is a legal practitioner and has been enrolled as a legal practitioner for not less than 5 years. 
(2) 	Where a commission is constituted by 2 or more persons, the Executive shall appoint 1 of those persons to be the chairperson. 
(3) 	Where— 
	(a)	a commission is constituted by 2 or more persons; and 
	(b)	a commissioner dies, resigns or is removed from office under section 11; 
the remaining commissioners shall constitute the commission.
(4) 	Where— 
	(a)	a commission is constituted by more than 2 persons; and 
	(b)	the chairperson dies, resigns or is removed from office under section 11; 
the Executive shall appoint 1 of the remaining commissioners to be the chairperson. 
(5) 	The appointment of a commissioner is not invalid because of a defect or irregularity in connection with the commissioner’s appointment. 
7 	Terms and conditions of appointment
	A commissioner holds office on such terms and conditions in relation to matters not provided for by this Act as are determined in writing by the Executive. 
9 	Cessation of office
	A commissioner ceases to hold office as a commissioner— 
	(a)	when the commission’s report of its inquiry has been submitted to the Chief Minister in accordance with section 15; or 
	(b)	if section 22 applies—when the commission notifies the Chief Minister in accordance with that section that any outstanding matters have been finalised. 
10 	Resignation
	A person may resign as a commissioner or as the chairperson by writing signed by the person and delivered to the Chief Minister. 
11 	Termination of appointment
	The Executive may terminate the appointment of a commissioner for misbehaviour or physical or mental incapacity. 
12 	Staff
(1) 	The staff of a commission shall be public servants made available to the commission by the chief executive. 
(2) 	While a public servant is performing services for a commission, he or she shall perform those services in accordance with the directions of a commissioner, and not otherwise. 
PART 3—INQUIRIES
13 	Terms of reference
(1) 	The Executive may determine the terms of reference that are to apply in relation to a matter the subject of an inquiry to be conducted by a commission. 
(2) 	Where the Executive makes a determination under subsection (1)—
	(a)	the commission shall conduct the inquiry in accordance with the terms of reference; and
	(b)	the Chief Minister shall publish a copy of the terms of reference in the Gazette.
14 	Conduct
	Except as otherwise provided by this Act, an inquiry shall be conducted in such manner as the commission determines. 
15 	Reports of commissions
(1) 	After completing an inquiry, a commission shall— 
	(a)	prepare a report of the inquiry; and 
	(b)	submit the report to the Chief Minister. 
(2) 	A report shall be submitted to the Chief Minister— 
	(a)	where the Executive has fixed a date for submission of the report—on or before that date; or 
	(b)	where paragraph (a) does not apply—as soon as practicable after completion of the inquiry. 
(3) 	A commission may submit with its report a recommendation that, for the reasons specified in the recommendation, the report or part of the report should not be published. 
(4) 	When submitting its report to the Chief Minister, a commission shall commit any documents or things (except documents or things required for the purpose of finalising matters under section 22) then in its possession to the custody of the Chief Minister for safekeeping.
16 	Tabling reports
(1) 	The Chief Minister may lay a copy of a report or part of a report submitted by a commission before the Legislative Assembly. 
(2) 	The Chief Minister may make a report or part of a report public whether or not the Legislative Assembly is sitting and whether or not the report or part has been laid before the Assembly. 
(3) 	Where a report or part of a report is made public by the Chief Minister before it is laid before the Legislative Assembly, the report or part attracts the same privileges and immunities as if the report or part had been laid before the Assembly. 
PART 4—PROCEEDINGS OF COMMISSIONS
Division 1—General
17 	Determination of questions
(1) 	A question arising before a commission constituted by 2 or more persons shall be decided— 
	(a)	where the commission consists of more than 2 commissioners—in accordance with the opinion of a majority of the commissioners; or 
	(b)	where the commission consists of 2 commissioners and those commissioners are divided in opinion—in accordance with the opinion of the chairperson. 
(2) 	Where, in relation to a question arising before a commission constituted by 2 or more persons, the commissioners are not unanimous in opinion, there shall, if a commissioner so requires, be recorded in the commission’s report particulars of the opinions of the commissioners on that question. 
18 	Counsel assisting commissions
	A commission may appoint a legal practitioner to assist the commission, either generally or in relation to a particular matter. 
19 	Protection of commissioners etc
(1) 	A commissioner has, in the performance or exercise of any function or power as a commissioner in relation to an inquiry, the same protection and immunity as a judge of the Supreme Court in proceedings in that court. 
(2) 	A legal practitioner assisting a commission or appearing on a person’s behalf at a hearing before a commission has the same protection and immunity as a barrister has in appearing for a party in proceedings in the Supreme Court. 
(3) 	Subject to this Act, a person summoned to attend or appearing before a commission as a witness has the same protection and is subject to the same liabilities as a witness in proceedings in the Supreme Court. 
20 	Nondisclosure of information by commissioners etc
(1) 	This section applies to—    
	(a)	a person who is or has been—
	(i)	a commissioner; or
	(ii)	a member of the staff of a commission; or
	(iii)	a legal practitioner assisting a commission; and
	(b)	any other person who has or has had access to information by virtue of that person’s office or employment under or for the purposes of this Act.
(2) 	A person to whom this section applies shall not, either directly or indirectly, except in the performance or exercise of a function or power under or for the purposes of this Act— 
	(a)	make a record of, or divulge or communicate to any person, any information acquired by the firstmentioned person by virtue of that person’s office or employment under or for the purposes of this Act;  or
	(b)	make use of any such information; or 
	(c)	produce to any person, or permit any person to have access to, a document furnished for the purposes of this Act. 
Penalty: 50 penalty units or imprisonment for 6 months, or both. 
21 	Disclosure of information by commissions
	Where, in the course of an inquiry, a commission obtains information that relates or may relate to the commission of an offence, or evidence of the commission of an offence, against a law of the Territory, the Commonwealth, a State or another Territory, the commission may, if in its opinion it is appropriate to do so, communicate the information or furnish the evidence to— 
	(a)	the Attorney-General or the appropriate Minister of State for the Commonwealth, a State or that other Territory; or 
	(b)	the chief police officer. 
22 	Outstanding matters
(1) 	Where— 
	(a)	a commission has submitted its report in accordance with section 15; and 
	(b)	there are any outstanding matters connected with the performance by the commission of its functions under this Act; 
the commission shall—
	(c)	notify the Chief Minister that there are outstanding matters; and 
	(d)	for such time as is necessary, continue to exercise its powers under this Act for the purpose of finalising those matters. 
(2) 	When any outstanding matters have been finalised, the commission shall—
	(a)	notify the Chief Minister accordingly; and
	(b)	commit any documents or things still in its possession to the custody of the Chief Minister for safekeeping.
Division 2—Evidence
23 	Procedure
	In conducting its proceedings, a commission— 
	(a)	is not bound by the rules of evidence but may inform itself of any matter in such manner as it thinks appropriate; and 
	(b)	may do whatever the commission considers necessary or expedient for the fair and expeditious conduct of the inquiry.
24 	Admissibility of evidence
	A statement or disclosure made, or a document or other thing produced, by a witness in the course of giving evidence before a commission, or any information, document or thing obtained as a direct or indirect consequence of the making of the statement or disclosure, or of the production of the firstmentioned document or thing, is not (except in proceedings for an offence against this Act) admissible in evidence against that witness in any civil or criminal proceedings. 
Division 3—Powers
25 	Search warrants
(1) 	The chairperson may issue a search warrant where— 
	(a)	the chairperson has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, in or on any premises, a thing of a particular kind connected with a matter into which the commission is inquiring (in this section referred to as a thing of the relevant kind); and 
	(b)	the chairperson believes on reasonable grounds that, if a search warrant were not issued for the production of the thing, that thing might be concealed, lost, mutilated, destroyed or disposed of. 
(2) 	A search warrant shall authorise a police officer or an authorised person named in the warrant with such assistance, and by such force, as is necessary and reasonable— 
	(a)	to enter the premises; and
	(b)	to search the premises for things of the relevant kind; and
	(c)	to seize any things of the relevant kind found in or on the premises; and 
	(d)	to deliver any thing so seized to the commission. 
(3) 	A search warrant shall— 
	(a)	state the purpose for which it is issued; and
	(b)	specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and
	(c)	include a description of the kind of things in relation to which the powers under the warrant may be exercised; and 
	(d)	specify the date, being a date not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect. 
(4) 	A search warrant may be executed, in accordance with its terms, at any time during the period commencing on the date of issue of the warrant and ending at the expiration of the date specified for the purpose of paragraph (3) (d). 
(5) 	If, in the course of searching under a search warrant for a thing of a relevant kind— 
	(a)	the person executing the warrant finds a thing that the person believes on reasonable grounds to be connected with the matter into which the commission is inquiring, although not of a kind specified in the warrant; and 
	(b)	the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its being concealed, lost, mutilated, destroyed or disposed of; 
the person may seize that thing and shall deliver the thing so seized to the commission. 
(6) 	A person executing a search warrant shall, on request by an occupant of the premises to which the warrant relates, show the warrant to that occupant. 
(7) 	A reference in subsection (1) to the chairperson shall be read as including a reference to a commissioner authorised by the chairperson to act under that subsection. 
26 	Inspection and retention of documents
(1) 	A commission, a commissioner, a member of the staff of a commission or an authorised person may— 
	(a)	inspect a document or other thing produced before, or delivered to, the commission; and
	(b)	retain possession of the document or thing for such period as is necessary for the purposes of the inquiry to which the document or thing relates; and 
	(c)	in the case of a document produced before, or delivered to, the commission—make copies of, or take extracts from, such parts of the document as are relevant to a matter the subject of the inquiry. 
(2) 	Where a document is retained under paragraph (1) (b)— 
	(a)	the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a commissioner to be a true copy and the certified copy shall be received in all courts as evidence as if it were the original; and 
	(b)	until the certified copy is supplied, the commission shall, at such times and places as it thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document. 
(3) 	Where the retention of a document or other thing by a commission ceases to be necessary for the purposes of an inquiry, the commission shall, if a person who appears to the commission to be entitled to the document or thing so requests, cause the document or thing to be delivered to the person. 
27 	Additional powers
	A commission has power to do all things necessary or incidental to the performance of its functions. 
Division 4—Hearings
28 	Power to hold
(1) 	For the purposes of conducting an inquiry, a commission may hold hearings. 
(2) 	Subject to subsection (3), a hearing shall be in public. 
(3)	Where a commission is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter, or for any other reason, the commission may— 
	(a)	direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present; and
	(b)	give directions prohibiting or restricting the publication of evidence given at a hearing (whether in public or private) or of matters contained in documents lodged with, or received in evidence by, the commission; and 
	(c)	give directions prohibiting or restricting the disclosure to some or all of the persons present at a hearing of evidence given before, or the contents of a document lodged with or received in evidence by, the commission. 
(4) 	In considering whether to give a direction under subsection (3), a commission shall take as the basis of its consideration the principle that it is desirable that hearings be in public and that evidence given before, or the contents of documents lodged with or received in evidence by, the commission should be made available to the public and to all persons present at the hearing, but shall pay due regard to any reasons given to the commission why the hearing should be held in private or why publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted. 
29 	Person presiding
	The chairperson shall preside at a hearing. 
30 	Conduct
	Except as otherwise provided by this Act, the procedure at a hearing shall be determined by the commission. 
31 	Appearance and representation
(1) 	At a hearing— 
	(a)	a person summoned to attend or appearing before the commission as a witness may be represented by a legal practitioner; and 
	(b)	any other person who, in the opinion of the commission, has a sufficient interest in the inquiry may appear and be represented by a legal practitioner.
(2) 	In paragraph (1) (b)— 
person includes an unincorporated association. 
32 	Presence of persons at private hearings
	Where a hearing is being held in private, a person shall not be present at the hearing unless the person is— 
	(a)	a commissioner; or
	(b)	a member of the staff of the commission directed to be present; or
	(c)	a legal practitioner assisting the commission; or
	(d)	giving evidence before the commission; or
	(e)	the legal practitioner representing the person giving evidence; or 
	(f)	entitled by virtue of a direction under paragraph 28 (3) (a) to be present. 
33 	Examination of witnesses
	At a hearing— 
	(a)	a legal practitioner assisting the commission; or 
	(b)	any other person present who is permitted by the chairperson to do so; 
may, so far as the commission thinks appropriate, examine or cross-examine a witness on any matter that the commission considers relevant to its inquiry. 
34 	Power to summon witnesses and take evidence
(1) 	For the purposes of a hearing before a commission, the chairperson, or a commissioner authorised by the chairperson, may summon a person to appear before the commission— 
	(a)	on a date specified in the summons to produce the documents and other things referred to in the summons; or 
	(b)	at the hearing— 
	(i)	to give evidence; or 
	(ii)	to give evidence and produce the documents and other things referred to in the summons. 
(2) 	A person shall be taken to have complied with a summons of the kind referred to in paragraph (1) (a) if the person delivers the documents and things to the commission before the date specified in the summons. 
(3) 	A summons shall be— 
	(a)	in the prescribed form; and 
	(b)	served on a person in the prescribed manner. 
(4) 	At a hearing, the commission may take evidence on oath or affirmation and, for that purpose— 
	(a)	a commissioner may require a witness at the hearing either to take an oath or to make an affirmation; and 
	(b)	a commissioner or authorised person may administer an oath or affirmation to a witness at the hearing. 
(5) 	At a hearing, the chairperson may— 
	(a)	require a witness to answer a question put to the witness; and 
	(b)	require a person appearing at the hearing pursuant to a summons to produce a document or other thing specified in the summons. 
34A	Appearance by audiovisual or audio links
(1) 	This section applies where, in relation to a hearing or a part of a hearing (in this section referred to as the relevant hearing), a commission has given a direction under subsection 18 (1) or 30 (1) of the Evidence (Miscellaneous Provisions) Act 1991.
(2) 	Where this section applies a person who, in a relevant hearing—
	(a)	is required or entitled to appear personally, whether as a party or as a witness; or
	(b)	is entitled to appear for another person;
may appear in that hearing and participate or give evidence, as the case requires, in accordance with the direction.
(3) 	A person who appears in a relevant hearing in accordance with this section shall be taken to be before the commission.
35 	Apprehension of witnesses failing to appear
(1) 	If a person served with a summons to appear before a commission as a witness fails to appear or attend pursuant to the summons, the chairperson may, on proof of the service of the summons, issue a warrant for the apprehension of the person. 
(2) 	A warrant authorises— 
	(a)	the apprehension of the witness; and
	(b)	the bringing of the witness before the commission; and 
	(c)	the detention of the witness in custody for that purpose until the witness is released by order of the chairperson. 
(3) 	A warrant may be executed by— 
	(a)	a police officer; or
	(b)	a member of the police force of a State or the Northern Territory; or 
	(c)	the person to whom it is addressed. 
(4) 	The person executing a warrant may, with such assistance, and by such force, as is necessary and reasonable, enter any premises for the purpose of executing the warrant. 
(5) 	The apprehension of a witness under this section does not relieve the witness from any liability incurred by reason of noncompliance by the witness with the summons. 
(6) 	Unless the warrant specifies otherwise, a police officer may cause the witness to be brought before the commission by an escort acting on behalf of the officer under the Custodial Escorts Act 1998.
PART 5—OFFENCES
35A 	Obstruction of authorised persons
	A person shall not, without reasonable excuse, obstruct or hinder a police officer or an authorised person in the exercise of his or her powers under section 25.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
36 	Failure of witnesses to attend or produce documents
(1) 	A person served with a summons to appear as a witness at a hearing before a commission shall not, without reasonable excuse— 
	(a)	fail to appear before the commission as required by the summons; or 
	(b)	fail to attend from day-to-day unless excused, or released from further attendance, by a commissioner. 
Penalty:  
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
(2) 	A person shall not, without reasonable excuse, refuse or fail to produce a document or other thing that the person was required to produce— 
	(a)	by a summons under this Act served on the person; or 
	(b)	if the person appears as a witness at a hearing before a commission—by the chairperson. 
Penalty:  
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
(3) 	It is a defence to a prosecution for an offence against subsection (2) that the document or other thing was not relevant to the matter into which the commission was inquiring. 
(4) 	It is not a reasonable excuse for the purposes of subsection (2) for a person to refuse or fail to produce a document or other thing on the ground that the production of the document or thing might tend to incriminate the person. 
37 	Refusal to be sworn or give evidence
(1) 	A person appearing as a witness at a hearing before a commission shall not, without reasonable excuse, refuse or fail— 
	(a)	to comply with a requirement under paragraph 34 (4) (a) to take an oath or make an affirmation; or 
	(b)	to answer a question that the person is required by the chairperson to answer. 
Penalty: 50 penalty units or imprisonment for 6 months, or both. 
(2) 	Where a person has on any day done or omitted to do something, being an act or omission that constitutes an offence against subsection (1), and the person does or omits to do the same thing at a hearing of the commission held on some other day, each such act or omission constitutes a separate offence. 
(3) 	It is not a reasonable excuse for the purposes of paragraph (1) (b) for a person to refuse or fail to answer a question on the ground that the answer to the question might tend to incriminate the person. 
38 	False evidence
	A person shall not, at a hearing before a commission, knowingly give evidence that is false or misleading in a material particular. 
Penalty: 500 penalty units or imprisonment for 5 years, or both.
39 	Improper dealings with documents
	A person, knowing or having reasonable grounds for believing that a document or other thing is or may be required in evidence before a commission, shall not wilfully— 
	(a)	conceal, mutilate, destroy or alter the document or other thing; or
	(b)	render the document or other thing incapable of identification; or 
	(c)	in the case of a document—render it illegible or indecipherable. 
Penalty:  
	(a)	if the offender is a natural person—200 penalty units or imprisonment for 2 years, or both;
	(b)	if the offender is a body corporate—1,000 penalty units.
40 	Intimidation or dismissal of witnesses
(1) 	A person shall not use, cause, inflict or procure any violence, punishment, damage, loss or disadvantage on or to a person— 
	(a)	because the person appeared or is to appear before a commission as a witness or pursuant to a summons or warrant; or
	(b)	because of any evidence given, or any document or other thing produced, by the person before a commission; or
	(c)	because of anything that was seized or delivered to a commission pursuant to a search warrant.
Penalty:  
	(a)	if the offender is a natural person—500 penalty units or imprisonment for 5 years, or both;
	(b)	if the offender is a body corporate—2,500 penalty units.
(2) 	An employer shall not dismiss an employee from employment or prejudice an employee in employment— 
	(a)	because the employee appeared or is to appear before a commission as a witness or pursuant to a summons or warrant; or
	(b)	because of any evidence given, or any document or other thing produced, by the employee before a commission; or
	(c)	because of anything that was seized or delivered to a commission pursuant to a search warrant.
Penalty:  
	(a)	if the offender is a natural person—500 penalty units or imprisonment for 5 years, or both;
	(b)	if the offender is a body corporate—2,500 penalty units.
(3) 	If all the elements of an offence against subsection (2) other than the reason for the employer’s action are proved, the onus of proving that the dismissal or prejudice was not because the employee appeared or was to appear as a witness or gave evidence is on the employer. 
41 	Preventing witnesses from attending
	A person shall not wilfully prevent a person who has been summoned to attend before a commission— 
	(a)	from so attending; or
	(b)	from answering a question that the person is required by the chairperson to answer; or 
	(c)	from producing a document or other thing referred to in the summons. 
Penalty:  
	(a)	if the offender is a natural person—100 penalty units or imprisonment for 1 year, or both;
	(b)	if the offender is a body corporate—500 penalty units.
42 	Bribery of witnesses
	A person shall not— 
	(a)	give, confer or procure, or promise or offer to give, confer or procure any property or benefit of any kind to, on or for, any person on any agreement or understanding that any person called or to be called as a witness before a commission will give false testimony or withhold true testimony; or
	(b)	induce a person called or to be called as a witness before a commission to give false testimony or to withhold true testimony; or 
	(c)	ask for, receive or obtain, or agree to receive or obtain, any property or benefit of any kind, whether for the person or for another person, on any agreement or understanding that any person called or to be called as a witness before a commission will give false testimony or withhold true testimony. 
Penalty:  
	(a)	if the offender is a natural person—500 penalty units or imprisonment for 5 years, or both;
	(b)	if the offender is a body corporate—2,500 penalty units.
43 	Fraud on witnesses
	A person shall not practise any fraud or deceit, or knowingly make or exhibit any false statement, representation, token or writing, to any person called or to be called as a witness before a commission with intent to affect the testimony of that person as a witness. 
Penalty:  
	(a)	if the offender is a natural person—200 penalty units or imprisonment for 2 years, or both;
	(b)	if the offender is a body corporate—1,000 penalty units.
44 	Contempt of commissions
	A person shall not— 
	(a)	wilfully insult or disturb a commission; or
	(b)	wilfully interrupt the proceedings of a commission; or
	(c)	use insulting language towards a commission; or
	(d)	make a statement that is false and defamatory of a commission; or 
	(e)	commit a wilful contempt of a commission. 
Penalty for contravention of paragraph (a), (b), (c) or (e): 100 penalty units or imprisonment for 1 year, or both.
Penalty for contravention of paragraph (d):
	(a)	if the offender is a natural person—100 penalty units or imprisonment for 1 year, or both;
	(b)	if the offender is a body corporate—500 penalty units.
45 	False representation
(1) 	A person shall not falsely represent himself or herself to be an officer of a commission. 
Penalty:  100 penalty units or imprisonment for 1 year, or both.
(2) 	In subsection (1)— 
officer of a commission means— 
	(a)	a commissioner; or
	(b)	a member of the staff of a commission; or
	(c)	a legal practitioner assisting a commission; or 
	(d)	an authorised person.
46 	Dealing with certain offences summarily
(1) 	Notwithstanding that an offence against section 38 or 39 is an indictable offence, proceedings in respect of such an offence may be heard and determined by a court of summary jurisdiction where— 
	(a)	the court is satisfied that it is proper to do so; and 
	(b)	the defendant and prosecution both consent to the offence being so dealt with. 
(2) 	Where a person is convicted of an offence that has been dealt with pursuant to subsection (1), the penalty that the court may impose is—
	(a)	if the offender is a natural person—a fine not exceeding 100 penalty units or imprisonment for a period not exceeding 1 year, or both; or
	(b)	if the offender is a body corporate—a fine not exceeding 500 penalty units.
PART 6—MISCELLANEOUS
47 	Protection of certain officers
	A person who is or has been— 
	(a)	a public servant; or 
	(b)	a person acting under the direction of a commissioner; 
is not liable, personally, to an action or other proceeding for or in relation to an act done or omitted to be done in good faith in performance or exercise or purported performance or exercise of any function, power or authority conferred on the person in that capacity for the purposes of this Act. 
48 	No proceedings against commissions
	No proceedings for an injunction, declaration or writ of mandamus, prohibition or certiorari shall be brought against a commission. 
49 	Publication of proceedings protected
	No action or proceeding, civil or criminal, lies against a person in respect of the publication of a fair and accurate report of the proceedings of a hearing before a commission (except a publication in contravention of a direction under subsection 28 (3)). 
50 	Reimbursement of expenses of witnesses
	A witness appearing before a commission is entitled to be paid by the Territory in respect of the expenses of the attendance of the witness an amount authorised in accordance with the Supreme Court scale of costs. 
51 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing matters—
	(a)	required or permitted by this Act to be prescribed; or 
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Act. 

ENDNOTES
1	About this republication
This is a republication of the Royal Commissions Act 1991 effective from 1 June 2000 to 11 September 2001.
Amending laws are annotated in the table of legislation and table of amendments.
2	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

3	Table of legislation
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Royal Commissions Act 1991	1991 No 1	1 Mar 1991	ss 1 and 2:  1 Mar 1991
remainder:  1 May 1991 (see Gaz 1991 No 16 p 442)		
Acts Revision (Position of Crown) Act 1993	1993 No 44	27 Aug 1993	27 Aug 1993
(see s 2)	—	
Judicial Commissions (Consequential Amendments) Act 1994	1994 No 10	14 Mar 1994	14 Mar 1994	—	
Public Sector Management (Consequential and  Transitional Provisions) Act 1994	1994 No 38	30 June 1994	ss 1 and 2:  30 June 1994
remainder:  1 July 1994 (see Gaz 1994 No S142 p 2)	ss 3, 5-12, 15 and 19	
Remuneration Tribunal (Consequential Amendments) Act 1997	1997 No 41	19 Sept 1997	Ss. 1 and 2:  19 Sept 1997
Remainder:  24 Sept 1997 (s 2) (as am by 49, 2002)	—	
as amended by
Statute Law Amendment Act 2002 (No 2)	49, 2002	notified LR 20 December 2002	s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
amdt 3.222 taken to have commenced 24 September 1997 s 2 (3))		
Legal Practitioners (Consequential Amendments) Act 1997	1997 No 96	1 Dec 1997	ss 1 and 2:  1 Dec 1997
remainder:  1 June 1998  (see s 2 (2))	—	
Statute Law Revision (Penalties) Act 1998	1998 No 54	27 Nov 1998	ss 1 and 2:  27 Nov 1998
remainder:  9 Dec 1998 (see Gaz 1998 No 49 p 1078)	—	
Custodial Escorts (Consequential Provisions) Act 1998	1998 No 67	23 Dec 1998	ss 1 and 2:  23 Dec 1998
remainder:  23 Dec 1998 (see Gaz 1998 No 51 p1118)	—	
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999	1999 No 22	14 Apr 1999	ss 1 and 2:  14 Apr 1999
remainder:  1 Sept 1999 (see Gaz 1999 No 35 p 447)	—	
Justice and Community Safety Legislation Amendment Act 2000 (No 3)
	2000 No 17	1 June 2000	1 June 2000	—	

4	Table of amendments

Provision	How affected†

s 3	am 1997 No 96
s 4	om 1993 No 44
s 8	am 1994 No 10
	om 1997 No 41
s 12	am 1994 No 38
s 15	am 1994 No 10
s 18	am 1997 No 96
s 20	am 1997 No 96; 1998 No 54
s 22	am 1994 No 10
s 25	am 1994 No 10
ss 32, 33	am 1997 No 96
s 34	am 1994 No 10
s 34A	ins 1999 No 22 s 36
	am 2000 No 17 s 3 sch 1
s 35	am 1998 No 67
s 35A	ins 1994 No 10
	am 1998 No 54
ss 36-39	am 1998 No 54
s 40	am 1994 No 10; 1998 No 54
ss 41-44	am 1998 No 54
s 45	am 1997 No 96; 1998 No 54
s 46	am 1998 No 54
s 49	am 1994 No 10

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