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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Commission of Inquiry (Coal Seam Gas)
Bill 2017
No. , 2017
(Mr Katter)
A Bill for an Act to establish a Commission of
Inquiry into the coal seam gas industry in
Australia, and for related purposes
No. , 2017
Commission of Inquiry (Coal Seam Gas) Bill 2017
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................ 2
4
Definitions ......................................................................................... 2
Part 2--Establishing the Commission of Inquiry (Coal Seam
Gas)
3
5
Commission of Inquiry (Coal Seam Gas) is established .................... 3
6
Terms of reference ............................................................................. 4
7
Report to the Parliament .................................................................... 5
8
Extending the period within which the Commission may
report ................................................................................................. 6
Part 3--Powers of the Commission of Inquiry (Coal Seam Gas)
8
9
Hearings ............................................................................................ 8
10
Commission not bound by the rules of evidence ............................... 8
11
Application of the Royal Commissions Act 1902 ............................... 8
12
Application of Commonwealth laws ................................................. 9
Part 4--Other matters
10
13
Staff ................................................................................................. 10
14
Legal and financial assistance ......................................................... 10
15
Regulations ...................................................................................... 10
No. , 2017
Commission of Inquiry (Coal Seam Gas) Bill 2017
1
A Bill for an Act to establish a Commission of
1
Inquiry into the coal seam gas industry in
2
Australia, and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the Commission of Inquiry (Coal Seam Gas) Act 2017.
8
Part 1 Preliminary
Section 2
2
Commission of Inquiry (Coal Seam Gas) Bill 2017
No. , 2017
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
This Act establishes the Commission of Inquiry (Coal Seam Gas).
14
The Commission has the same powers as a Royal Commission.
15
4 Definitions
16
In this Act:
17
Commission means the Commission of Inquiry (Coal Seam Gas)
18
established under section 5.
19
Judge means a Judge of the High Court, of a court created by the
20
Parliament or of the Supreme Court of a State or Territory.
21
Establishing the Commission of Inquiry (Coal Seam Gas) Part 2
Section 5
No. , 2017
Commission of Inquiry (Coal Seam Gas) Bill 2017
3
Part 2--Establishing the Commission of Inquiry
1
(Coal Seam Gas)
2
3
5 Commission of Inquiry (Coal Seam Gas) is established
4
(1) A Commission is established by this subsection, to be known as the
5
Commission of Inquiry (Coal Seam Gas).
6
(2) The Commission is constituted by 6 Commissioners, consisting of:
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(a) 3 Judges, or former Judges; and
8
(b) 3 representatives of the Australian community.
9
(3) The Commissioners are to be appointed by a committee of
10
members of the House of Representatives.
11
(4) The committee of members of the House of Representatives is to
12
consist of:
13
(a) a person nominated by the Prime Minister; and
14
(b) a person nominated by the leader of the Opposition; and
15
(c) a person nominated by a member of the Australian Greens
16
who is:
17
(i) a member of the House of Representatives; or
18
(ii) if there is no member of the Australian Greens who is a
19
member of the House of Representatives--a senator;
20
and
21
(d) a person nominated by a member of the Nick Xenophon
22
Team who is:
23
(i) a member of the House of Representatives; or
24
(ii) if there is no member of the Nick Xenophon Team who
25
is a member of the House of Representatives--a
26
senator; and
27
(e) a person nominated by a member of Katter's Australian Party
28
who is:
29
(i) a member of the House of Representatives; or
30
Part 2 Establishing the Commission of Inquiry (Coal Seam Gas)
Section 6
4
Commission of Inquiry (Coal Seam Gas) Bill 2017
No. , 2017
(ii) if there is no member of Katter's Australian Party who
1
is a member of the House of Representatives--a
2
senator.
3
(5) The committee must also appoint one of the 6 Commissioners to be
4
the Presiding Member of the Commission.
5
(6) A decision of the committee is made by the agreement of a
6
majority of members of the committee.
7
6 Terms of reference
8
The matters into which the Commission must inquire are:
9
(a) the impacts of fracking and unconventional gas on land,
10
water and communities; and
11
(b) the power imbalance between family farming operations and
12
coal seam gas companies who have professional legal and
13
expert technical teams; and
14
(c) whether that power imbalance should be addressed by better
15
enforcement of legal costs being borne by the coal seam gas
16
companies, without this being used as a leverage on
17
agreements; and
18
(d) that the onus of proof should be on the coal seam gas
19
company not the landholder when proving damage caused or
20
alleged to have been caused by the coal seam gas company;
21
and
22
(e) that the regulator have greater requirement to lodge breach of
23
condition notices within fixed time frames; and
24
(f) the movement of staff between government agencies and coal
25
seam gas companies; and
26
(g) any payment of monies by coal seam gas companies to
27
government bodies or personnel, and the nature and
28
consequence of this; and
29
(h) the need to extend the period of time open for lodgement of
30
damages claims against coal seam gas companies to allow
31
long run impacts damages to be claimed by farmers; and
32
(i) the previous recommendation that a land access ombudsman
33
be appointed, and the terms of reference, appointment and
34
reporting standards for this role.
35
Establishing the Commission of Inquiry (Coal Seam Gas) Part 2
Section 7
No. , 2017
Commission of Inquiry (Coal Seam Gas) Bill 2017
5
7 Report to the Parliament
1
(1) The Commission must submit to the Speaker of the House of
2
Representatives a report containing:
3
(a) the Commission's findings of fact; and
4
(b) the Commission's recommendations as a result of the
5
inquiry.
6
(2) The report must be submitted on or before the end of the period of
7
2 years starting on the commencement of this section, unless that
8
period is extended (see section 8).
9
(3) The Commission must submit with its report a record of so much
10
of the evidence before the Commission as the Commission thinks
11
necessary to substantiate its findings of fact and its conclusions.
12
(4) If the Commission is of the opinion that, if any of its findings or
13
conclusions or any of the evidence given before the Commission
14
were laid before the Houses of the Parliament:
15
(a) a person who has been or may be charged with an offence
16
might not receive a fair trial for the offence; or
17
(b) the conduct of an investigation of a breach or possible breach
18
of the law, might be prejudiced; or
19
(c) the existence or identity of a confidential source of
20
information in relation to the enforcement or administration
21
of the law might be disclosed or a person enabled to ascertain
22
the existence or identity of that source; or
23
(d) there might be prejudice to the safety or reputation of a
24
person;
25
the Commission may submit those findings or conclusions, or that
26
evidence, to the Speaker of the House of Representatives in a
27
separate report, together with a statement of its opinion.
28
(5) As soon as practicable after receiving the report and record of
29
evidence, the Speaker of the House of Representatives must cause
30
copies of the report and record, other than a separate report
31
submitted under subsection (4), to be laid before each House of the
32
Parliament.
33
Part 2 Establishing the Commission of Inquiry (Coal Seam Gas)
Section 8
6
Commission of Inquiry (Coal Seam Gas) Bill 2017
No. , 2017
(6) The Minister must table the Government's response to the report
1
within 6 months after copies of the report are laid before the House
2
of Representatives.
3
8 Extending the period within which the Commission may report
4
(1) The Commission may request an extension of the period within
5
which the Commission must report under section 7 by notice in
6
writing to the Speaker of the House of Representatives.
7
(2) If the Commission requests an extension, the Speaker must
8
convene a committee made up of members of the House of
9
Representatives to consider the request.
10
(3) The committee of members of the House of Representatives is to
11
consist of:
12
(a) a person nominated by the Prime Minister; and
13
(b) a person nominated by the leader of the Opposition; and
14
(c) a person nominated by a member of the Australian Greens
15
who is:
16
(i) a member of the House of Representatives; or
17
(ii) if there is no member of the Australian Greens who is a
18
member of the House of Representatives--a senator;
19
and
20
(d) a person nominated by a member of the Nick Xenophon
21
Team who is:
22
(i) a member of the House of Representatives; or
23
(ii) if there is no member of the Nick Xenophon Team who
24
is a member of the House of Representatives--a
25
senator; and
26
(e) a person nominated by a member of Katter's Australian Party
27
who is:
28
(i) a member of the House of Representatives; or
29
(ii) if there is no member of Katter's Australian Party who
30
is a member of the House of Representatives--a
31
senator.
32
(4) The committee may extend the period within which a report is to
33
be given.
34
Establishing the Commission of Inquiry (Coal Seam Gas) Part 2
Section 8
No. , 2017
Commission of Inquiry (Coal Seam Gas) Bill 2017
7
(5) A decision of the committee is made by the agreement of a
1
majority of members of the committee.
2
Part 3 Powers of the Commission of Inquiry (Coal Seam Gas)
Section 9
8
Commission of Inquiry (Coal Seam Gas) Bill 2017
No. , 2017
Part 3--Powers of the Commission of Inquiry (Coal
1
Seam Gas)
2
3
9 Hearings
4
(1) The Commission may hold hearings.
5
(2) The hearings may be held at such places as the Commission
6
determines.
7
(3) Subject to this Act, the procedure at a hearing is to be such as the
8
Commission determines.
9
10 Commission not bound by the rules of evidence
10
The Commission is not bound by the rules of evidence and may
11
inform itself on any matter in such manner as it thinks fit.
12
11 Application of the Royal Commissions Act 1902
13
(1) Subject to this section, the Royal Commissions Act 1902, and
14
regulations made under that Act (the Royal Commissions
15
Regulations), apply in relation to the Commission, and to the
16
Commissioners conducting it, as if:
17
(a) the Commission were a Royal Commission; and
18
(b) each Commissioner were a member of a Royal Commission.
19
(2) The Governor-General may make regulations (under this
20
subsection), amending the Royal Commissions Regulations, as the
21
Royal Commissions Regulations apply in accordance with
22
subsection (1) of this section.
23
(3) Sections 10 and 15 of the Royal Commissions Act 1902, in their
24
application in accordance with subsection (1) of this section, have
25
effect as if references in those sections to offences against that Act
26
included references to such offences as apply in accordance with
27
subsection (1) of this section.
28
Powers of the Commission of Inquiry (Coal Seam Gas) Part 3
Section 12
No. , 2017
Commission of Inquiry (Coal Seam Gas) Bill 2017
9
(4) If a body corporate is convicted of an offence against the Royal
1
Commissions Act 1902, in that Act's application in accordance
2
with subsection (1) of this section, the court may impose a
3
pecuniary penalty not exceeding 10 times the amount of the
4
maximum pecuniary penalty that could be imposed by the court on
5
an individual convicted of the same offence.
6
12 Application of Commonwealth laws
7
The law of the Commonwealth (including the general law) applies
8
in the same way in relation to the Commission as it would apply in
9
relation to a Royal Commission.
10
Part 4 Other matters
Section 13
10
Commission of Inquiry (Coal Seam Gas) Bill 2017
No. , 2017
Part 4--Other matters
1
2
13 Staff
3
(1) The Commission may employ such persons as it considers
4
necessary for the performance of its functions and the exercise of
5
its powers.
6
(2) An employee is to be employed on the terms and conditions that
7
the Commission determines in writing.
8
14 Legal and financial assistance
9
(1) A person who is appearing or is about to appear, or a person who is
10
entitled to appear, before the Commission may apply to the
11
Commission for assistance under this section.
12
(2) The Commission may, if it is satisfied that:
13
(a) it would involve substantial hardship to the person to refuse
14
the application; or
15
(b) the circumstances of the case are of such a nature that the
16
application should be granted;
17
authorise the provision to that person of such legal or financial
18
assistance in respect of that person's appearance as the
19
Commission determines.
20
(3) The authorisation given may be conditional or unconditional.
21
(4) The Minister must ensure that any legal or financial assistance
22
authorised by the Commission is provided.
23
(5) Any legal or financial assistance authorised by the Commission is
24
to be paid for out of moneys appropriated by the Parliament for the
25
purposes of the Commission.
26
15 Regulations
27
The Governor-General may make regulations prescribing matters:
28
Other matters Part 4
Section 15
No. , 2017
Commission of Inquiry (Coal Seam Gas) Bill 2017
11
(a) required or permitted by this Act to be prescribed by the
1
regulations; or
2
(b) necessary or convenient to be prescribed for carrying out or
3
giving effect to this Act.
4
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