CRIMINAL CODE (ADMINISTRATION OF JUSTICE OFFENCES) AMENDMENT ACT 2005 (NO. 53 OF 2005)

Australian Capital Territory Numbered Acts

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CRIMINAL CODE (ADMINISTRATION OF JUSTICE OFFENCES) AMENDMENT ACT 2005 (NO. 53 OF 2005) - SCHEDULE 1

Schedule 1 Consequential amendments

(see s 3)

Part 1.1 Administrative Appeals Tribunal Act 1989

[1.1] New sections 2 and 2A

insert

2 Notes

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2A Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.2] Section 40 (1) (a)

omit

or affirmation

[1.3] Section 40 (2) and (3)

substitute

(2) The registrar may, by written notice (a subpoena ) given to a person, require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the hearing.

Note If a form is approved under s 62A for this provision, the form must be used.

(3) The registrar must issue a subpoena to a person if the president, or the member of the tribunal presiding at the hearing, directs.

[1.4] Section 40 (4) (a)

substitute

(a) inspect a document or other thing produced under a subpoena; and

[1.5] Section 40 (5)

substitute

(5) A person is taken to have complied with a subpoena under subsection (2) (b) if the person gives the document or other thing to the registrar before the date stated in the subpoena for its production.

[1.6] Section 40 (6)

omit

summons

substitute

subpoena

[1.7] Section 40 (7)

substitute

(7) The member presiding at the hearing of a proceeding before the tribunal may—

(a) require a person appearing before the tribunal to give evidence to take an oath; and

(b) administer an oath to the person; and

(c) if the person participates in a way mentioned in section 34A (Participation by telephone etc)—administer an oath to the person in the way the member considers appropriate.

Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

(8) The member presiding at the hearing of a proceeding before the tribunal may require a person appearing before the tribunal to give evidence to do either or both of the following:

(a) to answer a question relevant to the hearing;

(b) to produce a stated document or other thing relevant to the hearing.

Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

[1.8] Section 40 (8)

omit

or affirmation

[1.9] Section 40 (9)

omit

summoned

substitute

subpoened

[1.10] Section 40 (10)

omit

or affirmation

[1.11] Section 40 (11)

omit

subsection (10)

substitute

subsection (11)

[1.12] Section 40 (11) (a)

after

subsection (7)

insert

or (8)

[1.13] Section 40 (8) to (11) (as amended)

renumber as section 40 (9) to (12)

[1.14] Section 51 (4)

omit

summoned

substitute

subpoened

[1.15] Section 51A

omit

summons

substitute

subpoena

[1.16] Sections 52 to 55

substitute

54 Application of Criminal Code, ch 7

A proceeding before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

55 Contempt of tribunal

A person commits an offence if the person does something in the face, or within the hearing, of the tribunal that would be contempt of court if the tribunal were a court of record.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

[1.17] Section 56A (3)

omit

summons

substitute

subpoena

[1.18] Section 59 (1) and (2)

omit

summons

substitute

subpoena

[1.19] New section 63A

insert

63A References to subpoena

(1) In this Act:

"subpoena" includes summons.

(2) This section expires 1 year after the day it commences.

Part 1.2 Children and Young People Act 1999

[1.20] Section 292 (4)

omit

[1.21] Section 292 (5)

renumber as section 292 (4)

Part 1.3 Consumer and Trader Tribunal Act 2003

[1.22] Section 33

substitute

33 Powers in relation to witnesses etc

(1) The member presiding at a hearing of the tribunal, the registrar or a deputy registrar may, by written notice given to a person (a subpoena ), require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the hearing.

(2) The tribunal may give a party leave to inspect a document produced under a subpoena.

(3) A person is taken to have complied with a subpoena under subsection (1) (b) if the person gives the document or other thing to the registrar before the date stated in the subpoena for its production.

(4) The member presiding at a hearing of the tribunal may require a witness appearing before the tribunal to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note 1 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

(5) In this section:

"subpoena" includes summons.

(6) Subsection (5) and this subsection expire 1 year after the day they commence.

[1.23] Section 52

substitute

52 Application of Criminal Code, ch 7

A proceeding before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

[1.24] Section 56 to 58

omit

Part 1.4 Consumer Credit (Administration) Act 1996

[1.25] Sections 86 and 87

substitute

86 Witness subpoenas

(1) The registrar may, by written notice given to a person (a subpoena ), require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the hearing.

(2) The registrar must issue a subpoena under subsection (1)—

(a) if directed to do so by the presidential member; or

(b) if asked to do so by a party to the proceeding.

(3) If a person is required by a subpoena to produce a record that is not in writing, not written in English, or not decipherable on sight, the subpoena is taken to require the person to produce—

(d) a statement about the record that is written in English and decipherable on sight; and

(e) if the record is in writing—the record.

(4) A person is taken to have complied with a subpoena under subsection (1) (b) if the person gives the document or other thing to the registrar before the date stated in the subpoena for its production.

(5) A person who appears at a hearing under a subpoena is entitled to be paid—

(a) if the subpoena was given at the direction of the presidential member—the fees and allowances payable to a witness before the Supreme Court; or

(b) if the subpoena was given at the request of a party—the person's reasonable costs and expenses of attendance at the hearing.

(6) A subpoena must be accompanied by a form to be completed by the person required to appear to claim the fees and allowances, or costs and expenses, mentioned in subsection (5).

(7) A person is not entitled to refuse to comply with a subpoena only because it was not accompanied by that form.

(8) In this section:

"subpoena" includes summons.

(9) Subsection (8) and this subsection expire 1 year after the day they commence.

87 Power to require witness to take oath etc

The member presiding at a hearing of the tribunal may require a witness appearing before the tribunal to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note 1 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

[1.26] Section 97

substitute

97 Application of Criminal Code, ch 7

A proceeding before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

[1.27] Section 103

omit

Part 1.5 Coroners Act 1997

[1.28] Section 43 (1) (a)

omit

a document or thing

substitute

a relevant document or other thing

[1.29] New section 43 (3) and (4)

insert

(3) A person cannot rely on the common law privileges against selfincrimination and exposure to the imposition of a civil penalty to refuse to produce a document or other thing required under a subpoena.

Note The Legislation Act, s 171 deals with client legal privilege.

(4) However, any information, document or other thing obtained, directly or indirectly, because of the producing of the document or other thing, is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for—

(a) an offence in relation to the falsity or the misleading nature of the document or thing; or

(b) an offence against the Criminal Code, chapter 7 (Administration of justice offences).

[1.30] Section 44 (4)

omit

or affirmation

[1.31] Section 46 (1)

omit

or affirmation

[1.32] Section 48 (1)

substitute

(1) For an inquest or inquiry, a coroner may take evidence on oath and, for that purpose—

(a) the coroner may require a witness to take an oath; and

(b) the coroner, registrar or other appropriate officer of the court may administer an oath to a witness.

Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

[1.33] Section 48 (3)

substitute

(3) A record of evidence made for an inquest or inquiry is not, only because it is such a record, admissible in any court as evidence that a person made the depositions included in the record.

(4) Subsection (3) does not apply in relation to a prosecution for an offence against part 7 or the Criminal Code, chapter 7 (Administration of justice offences).

[1.34] New section 76A

in part 7, insert

76A Application of Criminal Code, ch 7

(1) A proceeding before the coroner is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to coronial proceedings.

(2) To remove any doubt, a decision or action the coroner takes under any of the following provisions is a legal proceeding for that chapter:

(a) section 14 (Decision not to conduct hearing);

(b) section 20 (Dispensing with post-mortem examination);

[1.35] Sections 79 to 82

omit

[1.36] Sections 84 to 87

omit

[1.37] Section 88 (1) and (2)

substitute

(1) A person commits an offence if the person does something in the face, or within the hearing, of the court that is a contempt of court.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

[1.38] Section 88

renumber subsections when Act next republished under Legislation Act

Part 1.6 Crimes Act 1900

[1.39] Parts 8 and 9

omit

[1.40] Sections 278 and 293

omit

Part 1.7 Dangerous Substances Act 2004

[1.41] Section 129 (1), note 1

substitute

Note 1 A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).

Part 1.8 Discrimination Act 1991

[1.42] Section 86 (1)

substitute

(1) The tribunal may, by written notice given to a person (a subpoena ), require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the hearing.

[1.43] Section 88

omit

[1.44] Sections 90 to 92

substitute

90 Power to require witness to take oath etc

The tribunal may require a witness appearing before the tribunal at a hearing to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

[1.45] Section 94 (1) (b)

omit

section 92

substitute

section 90

[1.46] Section 94 (3) (a) and (b)

substitute

(a) an offence in relation to the falsity or the misleading nature of the document, other thing or answer; or

(b) an offence against the Criminal Code, chapter 7 (Administration of justice offences).

[1.47] Section 96

substitute

96 Contempt of tribunal

A person commits an offence if the person does something in the face, or within the hearing, of the tribunal that would be contempt of court if the tribunal were a court of record.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

96A Application of Criminal Code, ch 7

A proceeding before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

Part 1.9 Domestic Violence and Protection Orders Regulation 2002

[1.48] Section 31 (2)

substitute

(2) The person must comply with a requirement of the subpoena.

Note Failing to comply with a requirement of a subpoena, without a reasonable excuse, is an offence against the Criminal Code, ch 7 (Administration of justice offences).

Part 1.10 Evidence (Miscellaneous Provisions) Act 1991

[1.49] Section 4 , note 1

substitute

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

[1.50] Section 16 , definition of tribunal

omit

or affirmation

[1.51] Section 28 (1)

omit

or affirmation

[1.52] Section 28 (2)

substitute

(2) A proceeding in which evidence is given on oath administered under subsection (1) is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

[1.53] Section 29 (c)

omit

or affirmation

[1.54] Section 30

omit

[1.55] Section 37, note

substitute

Note A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).

[1.56] Section 42

omit

, affirmation

[1.57] Dictionary, note 2, new dot points

insert

• oath

• take (an oath)

Part 1.11 Guardianship and Management of Property Act 1991

[1.58] Section 10 (2)

omit

or affirmation

[1.59] Section 38 (3) and (4)

substitute

(3) The presidential member may require a person appearing before the tribunal at an inquiry to answer questions to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the inquiry;

Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

[1.60] New section 41A

insert

41A Privileges against selfincrimination and exposure to civil penalty

(1) This section applies if—

(a) a person is required under section 38 (3) to answer a question or produce a document; or

(b) a person is required under section 41 (1) to give information or produce a document.

(2) The person cannot rely on the common law privileges against selfincrimination and exposure to the imposition of a civil penalty to refuse to answer the question, produce the document or give the information.

Note The Legislation Act, s 171 deals with client legal privilege.

(3) However, any information, document or other thing obtained, directly or indirectly, because of the answering of the question, producing of the document or giving of the information is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for—

(a) an offence in relation to the falsity or the misleading nature of the answer, document or information; or

(b) an offence against the Criminal Code, chapter 7 (Administration of justice offences).

[1.61] Section 42

omit

38 (4) or

substitute

38 (3) (c) or section

[1.62] Sections 50 to 55

substitute

55 Application of Criminal Code, ch 7

An inquiry by the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

[1.63] Section 68 (4)

omit

or affirmation

[1.64] Dictionary, note 2, new dot point

insert

• oath

Part 1.12 Health Professionals Act 2004

[1.65] Section 59

substitute

59 Powers in relation to witnesses etc

(1) A presidential member of the tribunal, or a person authorised in writing by a presidential member, may, by written notice given to a person, require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the hearing.

(2) A presidential member of the tribunal may require a witness appearing before the tribunal at a hearing to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note 1 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

[1.66] Section 68

substitute

68 Contempt of health professions tribunal

A person commits an offence if the person does something in the face, or within the hearing, of the health professions tribunal that would be contempt of court if the health professions tribunal were a court of record.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

68A Application of Criminal Code, ch 7

A proceeding before the health professions tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to health professions tribunal proceedings.

Part 1.13 Independent Competition and Regulatory Commission Act 1997

[1.67] New section 24N (4)

insert

(4) An industry panel review is not a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

[1.68] New section 33 (7)

insert

(7) However, an arbitration is not a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

[1.69] Section 33 (7)

renumber as section 33 (8)

[1.70] Sections 49 and 50

substitute

49 Requirement to attend hearing and answer questions

For the exercise of its functions the commission—

(a) may, by written notice given to a person, require the person to attend a hearing of the commission to give evidence; and

(b) may require a person appearing before the commission to give evidence to answer a question relevant to the hearing.

Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

50 Application of Criminal Code, ch 7

A hearing before the commission is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to commission hearings.

50A Witnesses etc protected from civil liability

A person does not incur civil liability for a statement made, or a document or information given, honestly and without recklessness to the commission.

Part 1.14 Inquiries Act 1991

[1.71] New sections 4 and 4A

in part 1, insert

4 Notes

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4A Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to an offence against this Act, s 36 (see Code, pt 2.1).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.72] Section 16 (3)

omit

summoned

substitute

subpoened

[1.73] Section 19

substitute

19 Privileges against selfincrimination and exposure to civil penalty

(1) This section applies if a person is required under section 26 (1) or (3) to—

(a) produce a document or other thing; or

(b) answer a question.

(2) The person cannot rely on the common law privileges against selfincrimination and exposure to the imposition of a civil penalty to refuse to produce the document or other thing or answer the question.

Note The Legislation Act, s 171 deals with client legal privilege.

(3) However, any information, document or other thing obtained, directly or indirectly, because of the producing of the document or other thing, or the answering of the question, is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for—

(a) an offence in relation to the falsity or the misleading nature of the document, other thing or answer; or

(b) an offence against the Criminal Code, chapter 7 (Administration of justice offences).

[1.74] Section 26

substitute

26 Powers in relation to witnesses etc

(1) The chairperson of a board, or a person authorised in writing by the chairperson, may, by written notice given to a person (a subpoena ), require the person to appear before the board at a hearing, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the hearing.

(2) A person is taken to have complied with a subpoena under subsection (1) (b) if the person gives the document or other thing to the board before the date stated in the subpoena for its production.

(3) The chairperson may require a witness appearing before the board at a hearing to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

(4) In this section:

"subpoena" includes summons.

(5) Subsection (4) and this subsection expire 1 year after the day they commence.

[1.75] Part 4

omit

[1.76] New sections 35 and 36

in part 5, insert

35 Application of Criminal Code, ch 7

An inquiry is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to board proceedings.

36 Contempt of board

A person commits an offence if the person does something in the face, or within the hearing, of a board that would be contempt of court if the board were a court of record.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

[1.77] Part 5 (as amended)

renumber as part 4

Part 1.15 Judicial Commissions Act 1994

[1.78] New sections 3A and 3B

in part 1, insert

3A Notes

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3B Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to an offence against this Act, pt 6 (see Code, pt 2.1).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.79] Section 27 (3)

omit

summoned

substitute

subpoened

[1.80] Section 32

substitute

32 Privileges against selfincrimination and exposure to civil penalty

(1) This section applies if a person is required under section 43 (1) or (3) to—

(a) produce a document or other thing; or

(b) answer a question.

Note The Legislation Act, s 171 deals with client legal privilege.

(a) an offence in relation to the falsity or the misleading nature of the answer, document or information; or

(b) an offence against the Criminal Code, chapter 7 (Administration of justice offences).

[1.81] Section 43

substitute

43 Powers in relation to witnesses etc

(1) The presiding member of a commission, or a person authorised in writing by the presiding member, may, by written notice given to a person (a subpoena ), require the person to appear before the commission at a hearing, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the hearing.

(2) A person is taken to have complied with a subpoena under subsection (1) (b) if the person gives the document or other thing to the commission before the date stated in the subpoena for its production.

(3) The presiding member of a commission may require a witness appearing at a hearing before the commission to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

[1.82] Section 44 (1) and (5)

omit

summons

substitute

subpoena

[1.83] Part 6

omit

[1.84] New sections 55 and 56

in part 7, insert

55 Application of Criminal Code, ch 7

A proceeding before a commission is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to commission proceedings.

56 Contempt of commission

A person commits an offence if the person does something in the face, or within the hearing, of a commission that would be contempt of court if the commission were a court of record.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

[1.85] New section 61A

insert

61A References to subpoena

(1) In this Act:

"subpoena" includes summons.

(2) This section expires 1 year after the day it commences.

[1.86] Part 7 (as amended)

renumber as part 6

Part 1.16 Juries Act 1967

[1.87] Section 44

omit

Part 1.17 Land (Planning and Environment) Act 1991

[1.88] Section 146 (1) (c) and note

substitute

Note Oath includes affirmation and "take" an oath includes make an affirmation (see Legislation Act, dict, pt 1). For the taking of an oath or the making of an affirmation, see the Oaths and Affirmations Act 1984.

[1.89] Section 149

substitute

149 Powers in relation to witnesses etc

(1) The presiding member of a panel, or a person authorised in writing by the presiding member, may, by written notice given to a person, require the person to appear before the panel at a hearing of the inquiry, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the inquiry.

(2) A person attending before the panel under a notice under subsection (1) is entitled to be paid by the Territory the allowances prescribed by regulation.

(3) The presiding member of the panel may require a witness appearing at a hearing before the panel to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

[1.90] Section 150

omit

[1.91] Section 156

substitute

155 Application of Criminal Code, ch 7

A proceeding before a panel is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to panel proceedings.

156 Contempt of panel

A person commits an offence if the person does something in the face, or within the hearing, of a panel that would be contempt of court if the panel were a court of record.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Part 1.18 Legislation Act 2001

[1.92] Section 178

substitute

178 Power to decide includes power to take evidence etc

(1) A court, tribunal or other entity authorised by law to hear and decide a matter (however expressed) has power—

(a) to take evidence, including evidence on oath; and

(b) to examine witnesses; and

(2) The court, tribunal or other entity may authorise a person to administer an oath to a witness.

(3) This section does not limit any other power of the court, tribunal or other entity.

[1.93] Section 189

omit

the Crimes Act 1900 , section 181 (Accessory after the fact)

substitute

section 717 (Accessory after the fact)

[1.94] Section 192 (4), definition of aiding and abetting offence

substitute

"aiding and abetting offence" means an offence against the Criminal Code, section 45 (Complicity and common purpose).

[1.95] Dictionary, part 1, definition of affidavit

omit

[1.96] Dictionary, part 1, definition of oath

substitute

"oath" includes affirmation.

Note The Evidence Act 1995 (Cwlth), ch 2, pt 2.1, div 2 and the Oaths and Affirmations Act 1984 make provision in relation to oaths and affirmations.

[1.97] Dictionary, part 1, definition of swear

substitute

"swear" an oath includes make an affirmation.

[1.98] Dictionary, part 1, new definition of take

insert

"take" an oath includes make an affirmation.

Part 1.19 Liquor Act 1975

[1.99] Section 166 (4)

omit

[1.100] Section 166 (5)

renumber as section 166 (4)

[1.101] Section 170 (1) to (3)

substitute

(1) The chairperson of the board, or a person authorised in writing by the chairperson, may, by written notice given to a person (a subpoena ), require the person to appear before the board at a hearing, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the inquiry.

(2) The chairperson of the board may require a witness appearing at a hearing before the board to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

[1.102] Section 170 (5) (a)

omit

summons

substitute

subpoena

[1.103] Section 170 (4) and (5) (as amended)

renumber as section 170 (3) and (4)

[1.104] Section 171

substitute

171 Application of Criminal Code, ch 7

An inquiry by the board is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to board inquiries.

171A Privileges against selfincrimination and exposure to civil penalty

(1) This section applies if a person is required under section 170 (1) or (2) to—

(a) produce a document or other thing; or

(b) answer a question.

Note The Legislation Act, s 171 deals with client legal privilege.

(a) an offence in relation to the falsity or the misleading nature of the answer, document or information; or

(b) an offence against the Criminal Code, chapter 7 (Administration of justice offences).

[1.105] Section 172 (3)

omit

summonsed

substitute

subpoened

[1.106] New section 172A

in part 12, insert

172A References to subpoena

(1) In this part:

"subpoena" includes summons.

(2) This section expires 1 year after the day it commences.

Part 1.20 Magistrates Court Act 1930

[1.107] New section 3A

in part 1, insert

3A Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offence against this Act (see Code, pt 2.1):

• s 290 (1) (Contempt in face of court)

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.108] Section 290 (1) and (2)

substitute

(1) A person commits an offence if the person does something in the face, or within the hearing, of the court that is a contempt of court.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

[1.109] Section 290

renumber subsections when Act next republished under Legislation Act

[1.110] Section 291

omit

[1.111] Section 293

omit

[1.112] Sections 300 and 301

omit

[1.113] Section 312

substitute

312 Failure to give evidence—committal

(1) This section applies if the court is satisfied—

(a) that a witness before the court has contravened any of the following provisions of the Criminal Code (the relevant Code provisions ):

(i) section 720 (Failing to produce document or other thing);

(ii) section 721 (Failing to take oath);

(iii) section 722 (Failing to answer question or give information); or

(b) a person has contravened any of the relevant Code provisions in relation to an examination before the registrar under the rules.

(2) The court may—

(a) adjourn the proceeding for not longer than 8 days; and

(b) issue a warrant committing the person to a gaol, lockup or remand centre until the earlier of the following:

(i) the date to which the proceeding is adjourned;

(ii) the person consents to comply with the relevant Code provisions.

(3) If—

(a) the court has adjourned the proceeding, and committed the person, under subsection (2) or this subsection; and

(b) the person is later brought before the court; and

the court may exercise the powers mentioned in subsection (2) in relation to the person.

(4) The periods for which a person is committed under this section must not total more than 28 days.

(5) However, the court must not commit a person under subsection (2) or (3) if the person is punished for an offence against any or the relevant Code provisions in relation to the contravention mentioned in subsection (1).

Part 1.21 Magistrates Court Rules 1932

[1.114] New section 100

insert

100 Witness expenses

(1) A person is not required to comply with a subpoena served on the person for the Act unless a reasonable amount for expenses that the person would incur in complying with the subpoena on any day when the person's attendance is required is paid or tendered to the person—

(a) when the subpoena is served; or

(b) within a reasonable time before the date for compliance mentioned in the subpoena.

(2) In this section:

"reasonable amount", for expenses for a person, means the amount that would be payable in relation to the person if the party on whose request the subpoena was issued were entitled to claim witness expenses in relation to the person as costs in the proceeding.

Part 1.22 Mental Health (Treatment and Care) Act 1994

[1.115] Section 97 (4) and (5)

substitute

(4) The presidential member of the tribunal may require a witness appearing at a hearing before the tribunal to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note 1 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

[1.116] Section 98

substitute

98 Privileges against selfincrimination and exposure to civil penalty

(1) This section applies if a person is required under section 97 (4) or section 101 to—

(a) produce a document or other thing; or

(b) answer a question.

Note The Legislation Act, s 171 deals with client legal privilege.

(a) a proceeding under this Act; or

(b) a proceeding under the Crimes Act, part 13 (Unfitness to plead, mental illness and mental dysfunction; or

(d) a proceeding for an offence against this Act; or

(e) a proceeding for an offence against the Criminal Code, chapter 7 (Administration of justice offences).

[1.117] Section 101 (4)

omit

[1.118] Section 102

omit

section 97 (5) (b)

substitute

section 97 (4) (c)

[1.119] Section 111

substitute

111 Application of Criminal Code, ch 7

A proceeding before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

Part 1.23 Occupational Health and Safety Act 1989

[1.120] Section 175 (1), note 1

substitute

Note 1 A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).

[1.121] Section 195 (1) (a)

substitute

(a) take evidence on oath and, for that purpose, may require a person attending before the authority to take an oath; and

Note Oath includes affirmation and "take" an oath includes make an affirmation (see Legislation Act , dict, pt 1).

(b) require a person attending before the authority to answer a question relevant to the proceeding; and

Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

[1.122] Section 195 (1) (b) and (c)

renumber as section 195 (1) (c) and (d)

[1.123] Sections 197 and 198

substitute

197 Application of Criminal Code, ch 7

A proceeding before the review authority is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to review authority proceedings.

Part 1.24 Prostitution Act 1992

[1.124] Section 6 (1), definition of disqualifying offence , paragraphs (c) and (e)

omit

the Crimes Act 1900 , section 181 (Accessory after the fact)

substitute

section 717 (Accessory after the fact)

Part 1.25 Public Sector Management Act 1994

[1.125] Section 22

substitute

22 Investigative powers of commissioner

(1) The commissioner may, for the purpose of carrying out the commissioner's functions—

(a) conduct inspections of, or make inquiries or investigations into the operations of, government agencies; and

(b) enter premises occupied by a government agency at any time.

(2) For an inspection, inquiry or investigation, the commissioner, or a person authorised in writing by the commissioner, may, by written notice given to a person, require the person to appear before the commissioner, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the inspection, inquiry or investigation.

(3) The commissioner may require a witness appearing before the commissioner to give evidence for an inspection, inquiry or investigation to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the inspection, inquiry or investigation;

Note 1 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

(4) An inspection, inquiry or investigation by the commissioner is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to inspections, inquiries or investigations by the commissioner.

22A Witness expenses

A person, other than an officer, is not required to comply with a notice given to the person under section 22 (2) unless a reasonable amount for expenses that the person would incur in complying with the notice on any day when the person's attendance is required is paid or tendered to the person—

(a) when the notice is given to the person; or

(b) within a reasonable time before the date for compliance mentioned in the notice.

[1.126] Schedule 3, modification [3.17], inserted section 88E (4) (a) and (b)

omit

or affirmation

[1.127] Schedule 3, modification [3.17], inserted sections 88F to 88J

substitute

88F Powers in relation to witnesses etc

(1) The council, or a person authorised in writing by the council, may, by written notice given to a person, require the person to appear before the council at an inquiry, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the inquiry.

(2) The council may require a witness appearing before the council to give evidence for an inquiry to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the inquiry;

Note 1 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

(3) The council may administer, or authorise a person to administer, an oath to a witness appearing before the council.

[1.128] Schedule 3, modification [3.17], inserted section 88L

substitute

88L Contempt of council

A person commits an offence if the person does something in the face, or within the hearing, of the council that would be contempt of court if the council were a court of record.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

88LA Application of Criminal Code, ch 7

An inquiry by the council is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to inquiries by the council.

[1.129] Schedule 3, modification [3.17], inserted section 88N

omit

summons

substitute

notice

[1.130] Schedule 3, modification [3.17], inserted section 88P

omit

Part 1.26 Racing Act 1999

[1.131] Sections 43 and 44

substitute

43 Powers in relation to witnesses etc

(1) The president, the deputy president or the registrar, may, by written notice given to a person, require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the hearing.

(2) The member presiding at a hearing of the tribunal may require a witness appearing before the tribunal to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note 1 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

(3) The tribunal may inspect or make copies of any document or other thing produced before the tribunal and keep it for the reasonable period it considers appropriate.

44 Application of Criminal Code, ch 7

An appeal before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

Part 1.27 Rehabilitation of Offenders (Interim) Act 2001

[1.132] Section 85 (1) to (3)

substitute

(1) A judicial member may, by written notice given to a person, require the person to appear before the board at a hearing, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the hearing.

[1.133] Section 85 (4) and (5)

renumber as section 85 (2) and (3)

[1.134] Sections 86 to 88

substitute

86 Powers in relation to witnesses etc

(1) The judicial member presiding at a hearing of the board may require a witness appearing before the board to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note 1 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

(2) The judicial member presiding may disallow a question put to a person if the judicial member considers the question is unfair or unduly prejudicial.

87 Privileges against selfincrimination and exposure to civil penalty

(1) This section applies if a person is required under section 85 (1) or section 86 (1) to—

(a) produce a document or other thing; or

(b) answer a question.

Note The Legislation Act, s 171 deals with client legal privilege.

(a) an offence in relation to the falsity or the misleading nature of the answer, document or information; or

(b) an offence against the Criminal Code, chapter 7 (Administration of justice offences).

88 Application of Criminal Code, ch 7

An inquiry by the board is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to inquiries by the board.

Part 1.28 Residential Tenancies Act 1997

[1.135] Section 83

substitute

83 Taking evidence at preliminary conference

The registrar or a referee may—

(a) take evidence on oath at a preliminary conference and, for that purpose, may require a person attending the conference to take an oath and administer an oath to the person; and

Note Oath includes affirmation and "take" an oath includes make an affirmation (see Legislation Act , dict, pt 1).

(b) require a person attending before the conference to do either or both of the following:

(i) answer a question relevant to the conference;

(ii) produce a stated document or other thing relevant to the conference.

Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

[1.136] Section 96

substitute

96 Subpoena to witnesses

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the hearing.

(2) The tribunal may give a party leave to inspect a document produced under a subpoena.

(4) In this section:

"subpoena" includes summons.

(5) Subsection (4) and this subsection expire 1 year after the day they commence.

[1.137] Section 97

substitute

97 Powers of tribunal in relation to witnesses

The tribunal may require a witness appearing before the tribunal at a hearing to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note 1 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

[1.138] Section 122

substitute

122 Contempt of tribunal

A person commits an offence if the person does something in the face, or within the hearing, of the tribunal that would be contempt of court if the tribunal were a court of record.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

122A Application of Criminal Code, ch 7

A proceeding before the tribunal, the registrar, a referee or an approved mediator is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal etc proceedings.

[1.139] Section 129

omit

130

substitute

the Criminal Code, chapter 7 (Administration of justice offences)

[1.140] Section 130

omit

Part 1.29 Royal Commissions Act 1991

[1.141] New sections 4 and 4A

in part 1, insert

4 Notes

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4A Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to an offence against this Act, pt 5 (see Code, pt 2.1).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.142] Section 19 (3)

omit

summoned

substitute

subpoened

[1.143] Section 24

substitute

24 Privileges against selfincrimination and exposure to civil penalty

(1) This section applies if a person is required under section 34 (1) or (3) to—

(a) produce a document or other thing; or

(b) answer a question.

Note The Legislation Act, s 171 deals with client legal privilege.

(a) an offence in relation to the falsity or the misleading nature of the answer, document or information; or

(b) an offence against the Criminal Code, chapter 7 (Administration of justice offences).

[1.144] Section 31 (1) (a)

omit

summoned

substitute

subpoened

[1.145] Section 34

substitute

34 Powers in relation to witnesses etc

(1) The chairperson, or a person authorised in writing by the chairperson, may, by written notice given to a person (a subpoena ), require the person to appear before the commission at a hearing, at a stated time and place, to do either or both of the following:

(a) to give evidence;

(b) to produce a stated document or other thing relevant to the hearing.

(3) The chairperson may require a witness appearing at a hearing before the commission to give evidence to do 1 or more of the following:

(a) to take an oath;

(b) to answer a question relevant to the hearing;

Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

[1.146] Section 35 (1) and (5)

omit

summons

substitute

subpoena

[1.147] Part 5

omit

[1.148] New sections 45 and 46

in part 6, insert

45 Application of Criminal Code, ch 7

A proceeding of a commission is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to commission proceedings.

46 Contempt of commission

A person commits an offence if the person does something in the face, or within the hearing, of a commission that would be contempt of court if the commission were a court of record.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

[1.149] New section 50A

insert

50A References to subpoena

(1) In this Act:

"subpoena" includes summons.

(2) This section expires 1 year after the day it commences.

[1.150] Part 6 (as amended)

renumber as part 5

Part 1.30 Victims of Crime (Financial Assistance) Act 1983

[1.151] Section 2 , definition of serious crime , paragraph (e)

omit

the Crimes Act 1900 , section 181 (Accessory after the fact)

substitute

section 717 (Accessory after the fact)

[1.152] Section 2 , definition of sexual crime , paragraph (c)

omit

the Crimes Act 1900 , section 181 (Accessory after the fact)

substitute

section 717 (Accessory after the fact)

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