Special Commission of Inquiry (James Hardie Records) Act 2004 (NSW)

Special Commission of Inquiry (James Hardie Records) Act 2004 No 78

An Act to provide for the transfer of control of records of the Special Commission of Inquiry into the Medical Research and Compensation Foundation to the Australian Securities and Investments Commission; to make provision to facilitate certain civil proceedings taken by that Foundation and others; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Special Commission of Inquiry (James Hardie Records) Act 2004.

2 Commencement This Act commences on the date of assent.

3 Definitions (1) In this Act: ACCC means the Australian Competition and Consumer Commission established under the Trade Practices Act 1974 of the Commonwealth. ASIC means the Australian Securities and Investments Commission. Foundation means the Medical Research and Compensation Foundation (ACN 095 924 137). James Hardie Special Commission of Inquiry means the Special Commission of Inquiry that was commissioned, by Letters Patent dated 27 February 2004 and 30 June 2004, to inquire into and report on certain matters relating to the establishment of the Foundation. record has the same meaning as in the State Records Act 1998. transferred record means a record that ASIC has control of under Part 2. (2) Notes included in this Act do not form part of this Act.

Part 2 Transfer of records to ASIC

4 ASIC entitled to control of records of James Hardie Special Commission of Inquiry (1) ASIC is, by force of this section, entitled to control of any record that was made, kept or received by the James Hardie Special Commission of Inquiry that ASIC, in the performance of its functions or exercise of its powers under Commonwealth law, requests a public office entitled to control of the record under section 7 of the State Records Act 1998 to provide or make available to it. (2) ASIC may give possession or custody, for any purpose it considers appropriate in the performance of its functions or exercise of its powers under Commonwealth law, of any record that it has in its control under this Part to the ACCC or any other person, whether within or outside New South Wales. (3) For the purposes of this section, an entitlement of ASIC to control of a record is an entitlement to possession and custody of the record (including by having it in the possession or custody of some other person whether within or outside New South Wales).