Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

I will very quickly table a supplementary explanatory memorandum relating to the government amendments to be moved in relation to this bill. Senator Steele-John, I do now have in front of me a copy of the legislation, the Royal Commissions Act 1902. Part 3 of this act actually deals with what are referred to as the offences. There are a number of offences, commencing with 6H. I will go through them. For example, I will give you 6M, injury to witness, which states:

Any person who uses, causes or inflicts, any violence, punishment, damage, loss, or disadvantage to any person for or on account of:

(a) the person having appeared as a witness before any Royal Commission; or

(b) any evidence given by him or her before any Royal Commission; or

(c) the person having produced a document or thing, or given information or a statement, pursuant to a summons, requirement or notice under section 2;

commits an indictable offence.

The penalty can include imprisonment for one year. It's very serious, as you and I both know. I will give you another example so it's properly articulated on the record. Again, it is in part 3, offences. Clause 6N, dismissal of employers of witness, states:

(1) Any employer who dismisses any employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee having:

(a) appeared as a witness before a Royal Commission; or

(b) given evidence before a Royal Commission; or

(c) produced a document or thing, or given information or a statement, pursuant to a summons, requirement or notice under section 2;

commits an indictable offence.

Again, the penalty can include imprisonment for a year. I'm also happy to read out all of the relevant sections under 'PART 3—OFFENCES'. They include: 6H, 'False or misleading evidence'; 6I, 'Bribery of witness'; 6J, 'Fraud on witness'; 6K, 'Destroying documents or other things'; and 6L, 'Preventing witness from attending'. Section 6L(1) states:

Any person who intentionally prevents any person who has been summoned to attend as a witness before any Royal Commission from attending as a witness or from producing anything in evidence pursuant to the summons to attend commits an indictable offence.

Again, the penalty is imprisonment for a year. Senator Steele-John, it should give comfort to people that, within the Royal Commissions Act itself, there is an actual section in relation to offences. They are serious offences, because they are indictable offences, and they can include a penalty of a year's imprisonment.