Commissions of Inquiry Act 1995 (Tas)

Commissions of Inquiry Act 1995

An Act to provide for the establishment and conduct of Commissions of Inquiry and to repeal Division 2 of Part II of the Evidence Act 1910 [Royal Assent 14 November 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:

PART 1 - Preliminary

1. Short title This Act may be cited as the Commissions of Inquiry Act 1995 .

2. Commencement This Act commences on the day on which it receives the Royal Assent.

3. Interpretation In this Act, unless the contrary intention appears – act includes an omission or failure to act; adverse finding means a finding of a Commission under section 19 that is adverse to the interests of a person; authorised Commissioner hearing means a hearing of a Commission that is held as referred to in section 5A(1) ; Commission means a Commission established under section 4 ; Commissioner means a member of a Commission; counsel means an Australian legal practitioner; function includes duty; misconduct means conduct by a person that could reasonably be considered likely to result in a criminal charge, civil liability, disciplinary proceedings, or other legal proceedings, being brought against that person in respect of the conduct; officer of the Commission includes any person appointed under section 6 to assist a Commission and any person whose services are made available to a Commission under section 7 ; reasonable excuse, in relation to an act by a person, means – (a) if the person is a witness, or providing information, to a Commission, an excuse that would excuse the act by a witness in proceedings of a similar nature in a court of law; or (b) if the person is the subject of a notice, or warrant in relation to a Commission, an excuse that would excuse the act by a person summoned before a court of law in proceedings of a similar nature in the court; or (c) in any case, an excuse that the Commission considers reasonable in the circumstances in relation to the act by the person; vehicle includes an aircraft and a vessel.