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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland CARRUTHERS INQUIRY ENABLING BILL 1996
Queensland CARRUTHERS INQUIRY ENABLING BILL 1996 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2--AMENDMENT OF THE CRIMINAL JUSTICE ACT 1989 6 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Insertion of new s 132C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 132C Protection of Carruthers Inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1996 A BILL FOR An Act to ensure the resumption, protection and completion of an inquiry by the Criminal Justice Commission
s1 4 s3 Carruthers Inquiry Enabling The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Carruthers Inquiry Enabling Act 1996. 4 5 Commencement 2. Part 2 is taken to have commenced on the date of assent of the 6 Criminal Justice Legislation Amendment Act 1996. 7 8 Definitions 3. In this part-- 9 "Carruthers Inquiry" means the Criminal Justice Commission's inquiry 10 that the Honourable Kenneth Carruthers QC has been appointed to 11 conduct including-- 12 (a) the inquiry into circumstances of the execution of a memorandum 13 of understanding purported to be signed by the Honourable 14 Robert Borbidge, then Leader of the Opposition, the Honourable 15 Russell Theo Cooper, the coalition spokesman for Police, 16 Corrective Services and Racing, and Sergeant Gary Wilkinson, 17 President, Queensland Police Union of Employees; and 18 (b) the investigation into circumstances relating to a letter dated 19 13 July 1995 purported to be signed by the then Premier, the 20 Honourable W.K. Goss and addressed to Sporting Shooters of 21 Australia (Queensland) Incorporated. 22 "CJC Inquiry" means the inquiry into the Criminal Justice Commission 23 established under the Commissions of Inquiry Act 1950 under the 24 order in council published in the gazette on 7 October 1996 at pages 25 475 and 476. 26
s4 5 s7 Carruthers Inquiry Enabling 1 Declaration 4. It is declared that-- 2 (a) the Parliament of Queensland believes this Act removes all 3 impediments to the Honourable Kenneth Carruthers QC's 4 completing, and being seen to complete, an impartial report for 5 the Carruthers Inquiry that may exist because of the Criminal 6 Justice Act 1989, sections 132A and 132B and any action directed 7 to the Carruthers Inquiry by the CJC Inquiry; and 8 (b) the Parliament of Queensland expresses its earnest wish that the 9 Honourable Kenneth Carruthers QC resume the Carruthers 10 Inquiry and believes that it is in the public interest that he should 11 do so and complete his report as soon as possible; and 12 (c) this Act authorises the Honourable Kenneth Carruthers QC to 13 resume the conduct of the Carruthers Inquiry immediately on his 14 withdrawal of his resignation from the inquiry. 15 Saving 16 5. To avoid doubt, it is declared that section 4(c) does not affect the 17 Criminal Justice Act 1989, section 25(2)(d). 18 PART 2--AMENDMENT OF THE CRIMINAL 19 JUSTICE ACT 1989 20 amended in pt 2 21 Act 6. This part amends the Criminal Justice Act 1989. 22 of new s 132C 23 Insertion 7. After section 132B-- 24 insert-- 25
s7 6 s7 Carruthers Inquiry Enabling of Carruthers Inquiry 1 `Protection `132C. (1) Sections 132A and 132B and the Commissions of Inquiry Act 2 1950 apply subject to this section. 3 `(2) The CJC inquiry must not take any action that has the effect of 4 hindering the deliberations of the Carruthers Inquiry, including the 5 completion of a report for the Carruthers Inquiry. 6 `(3) Without limiting the generality of subsection (2), the CJC inquiry 7 must not during the deliberations of the Carruthers Inquiry-- 8 (a) summons a person involved in the conduct of the Carruthers 9 Inquiry to give evidence about the Carruthers Inquiry or about 10 information, or anything else, in the person's possession because 11 of the Carruthers Inquiry's deliberations or use of its powers; or 12 (b) require any person involved in the conduct of the Carruthers 13 Inquiry to disclose information, or produce anything, in the 14 person's possession because of the Carruthers Inquiry's 15 deliberations or use of its powers; or 16 (c) search for or seize anything in the possession of the Carruthers 17 Inquiry, or a person involved in the conduct of the Carruthers 18 Inquiry, because of the Carruthers Inquiry's deliberations or use 19 of its powers. 20 `(4) The commencement of this section does not make a person liable 21 civilly, criminally or under an administrative process, if the person would 22 not be so liable if this section had not commenced, for anything done by the 23 person in relation to the Carruthers Inquiry under sections 132A and 132B 24 or the Commissions of Inquiry Act 1950 after the commencement of the 25 Criminal Justice Legislation Amendment Act 1996 and before the Bill for 26 the Carruthers Inquiry Enabling Act 1996 was passed by the Legislative 27 Assembly. 28 `(5) In this section-- 29 "Carruthers Inquiry" means-- 30 (a) the Criminal Justice Commission's inquiry that the Honourable 31 Kenneth Carruthers QC has been appointed to conduct 32 including-- 33 (i) the inquiry into circumstances of the execution of a 34
s7 7 s7 Carruthers Inquiry Enabling memorandum of understanding purported to be signed by 1 the Honourable Robert Borbidge, then Leader of the 2 Opposition, the Honourable Russell Theo Cooper, the 3 coalition spokesman for Police, Corrective Services and 4 Racing, and Sergeant Gary Wilkinson, President, 5 Queensland Police Union of Employees; and 6 (ii) the investigation into circumstances relating to a letter dated 7 13 July 1995 purported to be signed by the then Premier, the 8 Honourable W.K. Goss and addressed to Sporting Shooters 9 of Australia (Queensland) Incorporated; or 10 (b) the Criminal Justice Commission's inquiry mentioned in 11 paragraph (a) conducted by someone appointed by the Criminal 12 Justice Commission to continue the inquiry after the resignation 13 of the Honourable Kenneth Carruthers QC or anyone else 14 appointed by the Criminal Justice Commission to conduct the 15 inquiry. 16 "CJC inquiry" means the CJC inquiry into the Criminal Justice 17 Commission mentioned in section 132B(1). 18 "person involved", in the conduct of the Carruthers Inquiry, includes a 19 person helping the Carruthers Inquiry.'. 20
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