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- Part 1—Preliminary
- Part 2—Establishment, functions and membership etc. of Commissions
- Part 3—Investigations of Commissions
- Part 4—Terms and conditions of membership
Part 5—Administrative provisions
- 75 Guide to this Part
- 76 Staff of a Commission
- 77 Consultants
- 78 Counsel assisting a Commission
- 79 Commission to be part of Department of House of Representatives or Senate
- 80 Commission must prepare and keep statements of reasons about search warrants
- 81 Commission may give information, evidence, documents etc.
- 82 Records of a Commission
- Part 6—Miscellaneous
Content WindowJudicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012
(1) The staff of a Commission must be persons:
(a) who are made available to the Commission by a parliamentary presiding officer; or
(b) whose services are made available to the Commission under an arrangement made under subsection (2).
APS employees to be made available to a Commission
(2) The parliamentary presiding officers may jointly arrange with an Agency Head (as defined in the Public Service Act 1999 ) for the services of APS employees in the Agency Head’s Agency (as defined in that Act) to be made available to a Commission.
(3) While a person is performing services for a Commission under an arrangement under subsection (2):
(a) he or she is taken to be:
(i) engaged under the Parliamentary Service Act 1999 ; and
(ii) on leave without pay from his or her employment under the Public Service Act 1999 ; and
(b) he or she must perform his or her functions and duties in accordance with the directions of the presiding member (subject to subsection (4)).
(4) A direction of a presiding member under paragraph (3)(b) is subject to any direction of the Secretary of the Department that the Commission is taken to be part of under section 79 in relation to:
(a) the performance of the Secretary’s functions; and
(b) the exercise of the Secretary’s powers;
under the Financial Management and Accountability Act 1997 and the Parliamentary Service Act 1999 .
A Commission may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Commission’s functions.
On behalf of the Commonwealth, a Commission may appoint a lawyer to assist the Commission as counsel, either generally or in relation to a particular matter or matters.
For the purposes of the Financial Management and Accountability Act 1997 and the Parliamentary Service Act 1999 , a Commission is taken to be part of the Department of the House of Representatives, or the Department of the Senate, established by the Parliamentary Service Act 1999 , as agreed by the parliamentary presiding officers.
(1) A Commission must prepare and keep a written statement of reasons in relation to each search warrant issued by the Commission or a member of the Commission.
(2) The statement of reasons must set out the following:
(a) the reasons the Commission or member suspects that each document or other thing to which the search warrant relates is connected with the matter the Commission is investigating;
(b) the reasons the Commission or member suspects that each document or other thing may be on or in particular premises;
(c) the reasons the Commission or member believes that, if a notice were given requiring the production of each document or other thing, it may be concealed, lost, mutilated or destroyed.
(1) This section applies (subject to subsection (6)) to information, evidence, a document or other thing obtained by a Commission in the course of investigating an allegation.
Giving to law enforcement authorities
(2) If the information relates or may relate to a contravention of a law described in subsection (3), or the evidence is of such a contravention, the Commission may give the information or evidence to one or more of the following:
(a) the Attorney-General of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory;
(b) the Director of Public Prosecutions of the Commonwealth, a State or a Territory;
(c) a Special Prosecutor appointed under the Special Prosecutors Act 1982 ;
(d) the Commissioner of the Australian Federal Police or of the police force of a State or of the Northern Territory;
(e) the authority or person responsible for the administration or enforcement of that law.
(3) Subsection (2) applies in relation to a contravention of a law if:
(a) the law is a law of the Commonwealth, a State or a Territory; and
(b) the contravention is punishable by a criminal, civil or administrative penalty.
Giving to Royal Commissions
(4) The Commission may give:
(a) a Royal Commission within the meaning of the Royal Commissions Act 1902 ; or
(b) a Royal Commission of a State or a Territory;
the information, evidence, document or other thing, or the content of the document or a description of the thing, if the Commission believes it relates or may relate to a matter the Royal Commission is required or permitted to inquire into.
Giving to the Australian Crime Commission
(5) The Commission may give the Chief Executive Officer of the Australian Crime Commission the information, evidence, document or other thing, or the content of the document or a description of the thing, if the Commission believes it is or may be relevant to the performance of the functions of the Australian Crime Commission.
No limit on the Parliamentary Privileges Act 1987
(6) This section is not intended to limit or otherwise affect the operation of section 16 of the Parliamentary Privileges Act 1987 .
(1) A Commission must give a House of the Parliament possession of the Commission’s records that it no longer needs.
(2) A record given under subsection (1) is taken to be a Class A record for the purposes of:
(a) the Archives Act 1983 ; and
(b) any regulations made under, or for the purposes of, that Act.