Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who appears at a private session for a Royal Commission:
(a) is not a witness before the Commission; and
(b) does not give evidence to the Commission.
(2) A private session for a Royal Commission is not a hearing of the Commission.
Powers of Commission and custody and use of records
(3) Sections 6F (power of Commission in relation to documents and other things), 6P (Commission may communicate information) and 9 (custody and use of records of Royal Commission) apply as if information, a document, record or other thing that was:
(a) obtained at a private session for a Royal Commission by a member or Assistant Commissioner holding the private session; or
(b) given to a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission);
were produced before, delivered or given to, or otherwise obtained or received by, the Commission.
(4) Section 9 (custody and use of records of Royal Commission) also applies as if a record that was produced:
(a) at a private session for a Royal Commission by a member or Assistant Commissioner holding the private session; or
(b) by a member, or member of the staff, of a Royal Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission);
were produced by the Commission.
Application of Part 4 (offences)
(5) Sections 6H (false or misleading evidence), 6I (bribery of witness), 6J (fraud on witness), 6L (preventing witness from attending), 6M (injury to witness) and 6N (dismissal by employers of witness) apply as if:
(a) a person who appears, or intends to appear, at a private session for a Royal Commission were called or summoned, or appeared, as a witness before the Commission; and
(b) any information provided, or that a person intends to provide, at a private session for a Royal Commission were testimony or evidence given at a hearing before the Commission; and
(c) any document or other thing that a person produces, or intends to produce, at a private session for a Royal Commission was produced or would have been produced because the person was required to do so under a summons, requirement or notice under section 2.
(6) Section 6O (contempt of Royal Commission) applies in relation to a private session for a Royal Commission as if:
(a) the person or persons holding the private session were the Commission; and
(b) the private session were proceedings of the Commission.
Note: Members or Assistant Commissioners can hold private sessions: see subsections 6OB(1) and (2).