Document ID: chunk:federal_register_of_legislation:C2006A00167:clause:1_9:p1
Version: federal_register_of_legislation:C2006A00167
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 1/5)
Character Range: 1079–3719

9  Custody and use of records of Royal Commission

Definitions

 (1) In this section:

body means a body (whether a body corporate or not) and includes:
 (a) an agency within the meaning of the Public Service Act 1999; and
 (b) a Department of State for, or an agency of, a State or a Territory.

civil penalty proceeding means a proceeding for a civil penalty in relation to a contravention of a law of the Commonwealth, a State or a Territory.

confiscation proceeding means a proceeding under:
 (a) the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002; or
 (b) a corresponding law within the meaning of either of those Acts;
but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.

custodian of a Royal Commission record means a person who, or a body that, has custody of the record under:
 (a) regulations made for the purposes of paragraph (2)(a); or
 (b) a direction under subsection 22(3) of the Archives Act 1983.

disciplinary proceeding:
 (a) means a proceeding of a disciplinary nature under a law of the Commonwealth, a State or a Territory; and
 (b) includes action taken under Subdivision D of Division 5 of Part V of the Australian Federal Police Act 1979.

law enforcement purposes means the purposes of taking action to enforce a law of the Commonwealth, a State or a Territory and includes the following purposes:
 (a) the purpose of bringing:
 (i) a prosecution for an offence against a law of the Commonwealth, a State or a Territory; or
 (ii) a civil penalty proceeding; or
 (iii) a confiscation proceeding; or
 (iv) a disciplinary proceeding;
 (b) the purpose of investigating whether:
 (i) an offence has been committed against a law of the Commonwealth, a State or a Territory; or
 (ii) there has been a contravention of a law of the Commonwealth, a State or a Territory in relation to which civil penalty proceedings may be brought;
 (c) the purpose of preparing the material necessary to prosecute a person for an offence against a law of the Commonwealth, a State or a Territory;
 (d) the purpose of preparing the material necessary to bring civil penalty proceedings against a person for a contravention of a law of the Commonwealth, a State or a Territory;
 (e) the purpose of preparing the material necessary to bring a confiscation proceeding;
 (f) the purpose of preparing the material necessary to bring a disciplinary proceeding.

public authority means:
 (a) an agency within the meaning of the Public Service Act 1999; or
 (b) a Department of State for, or an agency of, a State or a Territory; or
 (c) a body established or incorporated