Commissions of Inquiry Amendment Act 2000

Commissions of Inquiry Amendment Act 2000

An Act to amend the Commissions of Inquiry Act 1995

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Commissions of Inquiry Amendment Act 2000 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Commissions of Inquiry Act 1995 is referred to as the Principal Act.

4.    Section 18 amended (Allegations of misconduct)

(1)  Section 18 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:

(1)  If a Commission is satisfied that –

(a) an allegation of misconduct involving a person has been or should be made in its inquiry; and

(b) that person should be required, or is likely to be required, to give evidence in the inquiry in relation to the allegation –

the Commission must give that person notice of –

(c) the allegation; and

(d) the substance of the evidence supporting the allegation.

(2)  The notice is to be given a reasonable period, to be not less than 48 hours, before the person is called to give evidence in relation to the allegation.

(2)  Section 18 of the Principal Act is further amended by omitting from subsection (5) "subsection (4)(a)" and substituting "subsections (2) and (4)(a)".

[Second reading presentation speech made in:

House of Assembly on 13 APRIL 2000

Legislative Council on 13 APRIL 2000]