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Part 5—Miscellaneous

Part 5 Miscellaneous

   

59   Simplified outline of this Part

This Part deals with miscellaneous matters, such as:

       (a)     reporting requirements; and

      (b)     protection and immunity for the Commissioner, legal practitioners and witnesses; and

       (c)     the making of rules by the Minister.

60   Commissioner’s reports

Annual reports

             (1)  As soon as practicable after the end of each financial year, the Commissioner must give a report to the Prime Minister and the Minister, for presentation to the Parliament, in relation to any matter relating to, or arising in connection with, the exercise of the powers, or the performance of the functions, of the Commissioner during the financial year.

Additional reports

             (2)  The Commissioner may, from time to time, give the Prime Minister and the Minister, for presentation to the Parliament, a report in relation to any matter relating to, or arising in connection with, the exercise of the powers, or the performance of the functions, of the Commissioner.

Tabling

             (3)  If the Commissioner gives a report to the Prime Minister and the Minister under subsection (1) or (2), the Minister must cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

61   Response to report by the Commonwealth

                   If the Commissioner gives a report to the Prime Minister and the Minister under subsection 60(1) or (2), the Commonwealth must respond to the report in writing and cause the response to be laid before each House of the Parliament as soon as is reasonably practicable after the report is tabled under subsection 60(3).

62   Reports if appropriate action not taken on Commissioner’s report

Scope

             (1)  This section applies if, in the opinion of the Commissioner, action that is adequate and appropriate in the circumstances is not taken with respect to the matters included in a Commissioner’s report under subsection 60(1) or (2).

Report

             (2)  The Commissioner may give a report to the Prime Minister and the Minister in relation to the action or the response given by the Commonwealth under section 61.

             (3)  In preparing a report to give under subsection (2), the Commissioner must have regard to any response given by the Commonwealth under section 61.

Tabling

             (4)  If the Commissioner gives a report to the Prime Minister and the Minister under subsection (2), the Minister must cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

63   Judges

             (1)  In this Act, unless the contrary intention appears:

eligible Judge means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.

Judge means a person who is a Judge of a court created by the Parliament.

             (2)  A Judge may by writing consent to be nominated by the Attorney-General under subsection (3).

             (3)  The Attorney-General may by writing declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Act.

64   Protection of Commissioner, legal practitioners, eligible Judges and witnesses

             (1)  The Commissioner has, in the performance or exercise of functions or powers under this Act, the same protection and immunity as a Justice of the High Court.

             (2)  A legal practitioner assisting the Commissioner or appearing on behalf of a person at a hearing before the Commissioner has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

             (3)  An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

             (4)  Subject to this Act, a person appearing as a witness at a hearing, or giving or producing information, evidence, a statement, a document or thing under section 30 or 32, has the same protection as a witness in proceedings in the High Court.

65   Rules

             (1)  The Minister may, by legislative instrument, make rules prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the rules; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.