Document ID: chunk:federal_register_of_legislation:C2004Q00955:body:0:p2
Version: federal_register_of_legislation:C2004Q00955
Segment Type: other
Provision Reference: 
Character Range: 2835–5088

an action;

          A reference to the exercise of a power includes a failure to exercise a power;

          A reference to the discharge of a responsibility or obligation includes a failure to discharge a responsibility or obligation.

      AND, noting that the Australian Securities and Investments Commission (ASIC) is also investigating certain matters relating to the failure of HIH, and without limiting in any way the scope of your inquiry, We declare that you should, to the extent practicable, co-operate with ASIC and conduct your inquiry with a view to avoiding:

          (a) any duplication of ASIC's investigation; and
          (b) any adverse impact on any civil or criminal proceeding arising out of ASIC's investigation.

      AND you may choose not to inquire into certain matters otherwise within the scope of these Letters Patent, but any such decision must be yours alone.

      AND We declare that you are authorised to conduct your inquiry under these Letters Patent in combination with any inquiry into matters referred to in these Letters Patent that you are directed or authorised to make by any Commission issued, or pursuant to any order or appointment made, by any of the Governors of the States.

      AND We declare that the Commission established by these Letters Patent:

          (a) is a relevant Commission for the purposes of sections 4 and 5 of the Royal Commissions Act 1902; and
          (b) is a Commission to which paragraph 16 (4) (k) of the Income Tax Assessment Act 1936 applies.

      AND We require you to begin your inquiry as soon as practicable, to conduct your inquiry as expeditiously as possible and, not later than 30 June 2002, to furnish to Our Governor-General of the Commonwealth of Australia the report of the results of your inquiry and such recommendations as you consider appropriate.

                     WITNESS the Right Reverend Dr Peter John Hollingworth, Companion of the Order of Australia, Officer of the Most Excellent Order of the British Empire, Governor-General of the Commonwealth of Australia.
Dated 29 August 2001
Governor-General
By His Excellency's Command

      Minister for Financial Services and Regulation
      for the
      Prime Minister