Senate

Royal Commissions Amendment (Private Sessions) Bill 2019

Supplementary Explanatory Memorandum

(Circulated by authority of the Prime Minister, the Honourable Scott Morrison MP)
Amendments to be Moved on Behalf of the Government

Notes on Clauses

Item 1 - Section 6OA

15. This item is consequential to item 2 and removes the definition of 'Assistant Commissioner' from the Bill.

Item 2 - Section 6OB

16. This item omits and substitutes items 7 to 13 from the Bill.

17. Items 7 to 13 in the Bill permitted the Chair of a multi-member Commission, or a sole Commissioner, respectively, to have a discretion to authorise appropriately qualified and senior staff of a Commission, called an Assistant Commissioner, to hold a private session. The item established a presumption that a private session will be held by a Commissioner, unless the Chair or sole Commissioner considers circumstances exist to justify an Assistant Commissioner holding private sessions.

18. The substitute text provides that a private session may be held by the Chair or a member they authorise in writing in the case of a multi-member Commission or by a sole Commissioner.

Items 3-4 - Subsections 6OC(3) and (4)

19. These items make minor amendments consequential to item 2.

Item 5 - Paragraph 6OC(6)(a)

20. This item makes minor amendments consequential to item 2.

Item 6 - Section 6OF

21. This item removes provisions from the Bill for the protection of those who appear at a private session held by an Assistant Commissioner. Due to the removal of the role of Assistant Commission in item 2, these protections are no longer required.

Item 7 - Section 6OG

22. This item makes minor amendments consequential to item 2.

Item 8 - Application provisions

23. This item make a minor amendment to the application provisions, consequential to item 2. As section 6OF of the Act is no longer being amended, an application provision in relation to this section is not required.


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