Version No. 014
Evidence (Commissions) Act 1982
No. 9766 of 1982
Version incorporating amendments as at
30 August 2012
TABLE OF PROVISIONS
Section
1
Short title and commencement
2
Division into Parts
PART I—ENABLING PROVISIONS
3
4
Definitions
Communication of information to special commissions
PART 2—Repealed
5–8
Page
1
1
2
2
3
5
Repealed
5
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ENDNOTES
6
1. General Information
6
2. Table of Amendments
7
3. Explanatory Details
8
i
Version No. 014
Evidence (Commissions) Act 1982
No. 9766 of 1982
Version incorporating amendments as at
30 August 2012
An Act to make provision with respect to the giving of
information to Commissions, to amend the Land Tax Act 1958,
the Stamps Act 1958, the Pay-roll Tax Act 1971 and the
Business Franchise (Tobacco) Act 1974 and for other
purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
1 Short title and commencement
(1) This Act may be cited as the Evidence
(Commissions) Act 1982.
(2) This Act shall come into operation on the day on
which it receives the Royal Assent.
2 Division into Parts
This Act is divided into parts as follows:
Part I—Enabling Provisions
Part II—Miscellaneous Amendments.
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Evidence (Commissions) Act 1982
No. 9766 of 1982
Part I—Enabling Provisions
s. 3
PART I—ENABLING PROVISIONS
3 Definitions
In this Part unless inconsistent with the context or
subject-matter—
commission means a commission issued by the
Governor in Council to any person to make
any inquiry and includes any member of that
commission;
special commission means any of the following
commissions—
(a) the commission to inquire into the
activities of the Federated Ship Painters
and Dockers Union that was
commissioned by Letters Patent dated
1 October 1980 as extended from time
to time by Letters Patent;
(b) the commission to inquire into certain
activities involving contravention of
laws of the State of Victoria, in
particular laws relating to the use of
drugs that was commissioned by
Letters Patent dated 30 June 1981 as
extended from time to time by Letters
Patent; and
(c) a commission in respect of which
Letters Patent issued by the Governor
declare that the commission is a special
commission.
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Evidence (Commissions) Act 1982
No. 9766 of 1982
Part I—Enabling Provisions
s. 4
4 Communication of information to special
commissions
(1) Where by reason of the operation of—
*
*
*
*
*
S. 4(1)(a)
repealed by
No. 88/2005
s. 117(Sch. 2
item 2).
*
S. 4(1)(ba)
inserted by
No. 9846 s. 52,
repealed by
No. 36/1997
s. 20(2).
(b) section 140A of the Stamps Act 1958;
*
*
*
*
(bb) section 17 of the Financial Institutions
Duty Act 1982;
(c) section 5 of the Pay-roll Tax Act 1971; or
(d) section 5 of the Business Franchise
(Tobacco) Act 1974—
information of the kind specified in any of those
sections may be given to a special commission,
the special commission may—
(e) in a manner that does not identify and is not
reasonably capable of being used to identify
the person to whom the information
relates—
(i) communicate the information to the
Governor in a report by the special
commission; or
3
S. 4(1)(bb)
inserted by
No. 9850
s. 106,
amended by
No. 10087
s. 3(1)(Sch. 1
item 58).
Evidence (Commissions) Act 1982
No. 9766 of 1982
Part I—Enabling Provisions
s. 4
(ii) divulge the information in the course of
a proceeding conducted by the special
commission;
(f) communicate the information to the
Attorney-General if the special commission
is of the opinion that the information
indicates a person may have committed an
offence against an Act; or
S. 4(1)(g)
amended by
No. 74/2000
s. 3(Sch. 1
item 44.1).
(g) divulge or communicate the information to a
person or employee under the control of the
special commission for the purposes of or in
connexion with the enquiry being conducted
by the special commission.
(2) Where information is communicated to the
Attorney-General, the Attorney-General may
communicate the information—
(a) to the Chief Commissioner of Police for
Victoria; or
S. 4(2)(b)
amended by
No. 74/2000
s. 3(Sch. 1
item 44.1).
S. 4(3)
amended by
No. 74/2000
s. 3(Sch. 1
item 44.1).
(b) to a person or employee under the control of
the Attorney-General for the purpose of
communicating the information to the Chief
Commissioner of Police for Victoria.
(3) Where the information is communicated to the
Chief Commissioner of Police for Victoria he may
divulge or communicate that information to any
person or employee under his control for the
purposes of or in connexion with the performance
by that person or employee of the duties of his
office or employment.
(4) A person to whom information is given by reason
of the operation of this section shall not make a
record of or divulge or communicate that
information to any person (other than a person
authorized by this section).
Penalty: 10 penalty units.
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Evidence (Commissions) Act 1982
No. 9766 of 1982
s. 4
(5) A reference in subsection (1) to a person under the
control of a special commission includes a
reference to—
(a) a legal practitioner appointed by the
Attorney-General to assist the special
commission; and
S. 4(5)(a)
amended by
No. 35/1996
s. 453(Sch. 1
item 30).
(b) a person assisting a legal practitioner so
appointed.
S. 4(5)(b)
amended by
No. 35/1996
s. 453(Sch. 1
item 30).
(6) A reference in subsection (2) to a person under the
control of the Attorney-General includes a
reference to—
(a) an officer of, or person employed in, the Law
Department;
(b) a person holding office, or employed, under
an Act administered by the AttorneyGeneral; and
(c) a person under the control of a person to
whom paragraph (b) applies.
(7) A person to whom information is communicated
under this section shall not be required to divulge
or communicate that information to any court.
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*
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Pt 2 (Heading
and ss 5–8)
repealed by
No. 74/2000
s. 3(Sch. 1
item 44.2).
Evidence (Commissions) Act 1982
No. 9766 of 1982
Endnotes
ENDNOTES
1. General Information
The Evidence (Commissions) Act 1982 was assented to on 13 July 1982 and
came into operation on 13 July 1982: section 1(2).
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Evidence (Commissions) Act 1982
No. 9766 of 1982
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Evidence
(Commissions) Act 1982 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Energy Consumption Levy Act 1982, No. 9846/1982
Assent Date:
21.12.82
Commencement Date:
1.10.82: s. 1(2)
Current State:
All of Act in operation
Financial Institutions Duty Act 1982, No. 9850/1982
Assent Date:
21.12.82
Commencement Date:
S. 106 on 1.12.82: s. 1(2)
Current State:
This information relates only to the provision/s
amending the Evidence (Commissions) Act 1982
Statute Law Revision Act 1984, No. 10087/1984
Assent Date:
22.5.84
Commencement Date:
22.5.84: subject to s. 3(2)
Current State:
All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 item 30) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Evidence (Commissions) Act 1982
Gas Industry (Amendment) Act 1997, No. 36/1997
Assent Date:
3.6.97
Commencement Date:
S. 20(2) on 1.7.97: Special Gazette (No. 58) 3.6.97
p. 2.
Current State:
This information relates only to the provision/s
amending the Evidence (Commissions) Act 1982
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 44) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Evidence (Commissions) Act 1982
Land Tax Act 2005, No. 88/2005
Assent Date:
29.11.05
Commencement Date:
S. 117(Sch. 2 item 2) on 1.1.06: s. 2
Current State:
This information relates only to the provision/s
amending the Evidence (Commissions) Act 1982
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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Evidence (Commissions) Act 1982
No. 9766 of 1982
Endnotes
3. Explanatory Details
No entries at date of publication.
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