EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 169

Issued by the Authority of the Parliamentary Secretary to the Prime Minister

Royal Commissions Act 1902

 

Royal Commissions Amendment Regulations 2006 (No. 1)

 

 

Section 17 of the Royal Commissions Act 1902 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The Royal Commissions Regulations 2001 (the Principal Regulations) prescribe the form of summons to a person to appear before the Commission.

 

Subsection 6AA(3) of the Act, as inserted by the Royal Commissions Amendment Act 2006 on 15 June 2006, provides that the members of a Commission may, by written notice served (as prescribed) on a person, require the person to produce a document for inspection for the purpose of deciding whether to accept or reject a claim for legal professional privilege in respect of that document.

 

Regulation 6 of the Principal Regulations was amended to specify the prescribed manner for serving a notice or summons pursuant to subsection 6AA(3) of the Act.  The prescribed manner is the same as the manner previously provided for the service of other notices or summons as set out in regulation 6 of the Principal Regulations. 

 

Consultation was not required due to the minor technical nature of the amendments to the Principal Regulations.

 

The Amendment Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on 23 June 2006.