Part 2 Establishment of Special Commissions

4   Issue of commission

(1)  The Governor may, by letters patent under the Public Seal of the State, being letters patent expressed to be made or issued under the authority of this Act, issue a commission to a person specified in the commission:

(a)  authorising or requiring the person to inquire into and report to the Governor on any matter specified in the commission, and

(b)  establishing a Special Commission of Inquiry for that purpose.

(2)  A person is not eligible to be issued a commission unless the person:

(a)  is or is qualified to be appointed as a Judge of the Supreme Court of the State or of any other State or Territory, a Judge of the Federal Court of Australia or a Justice of the High Court of Australia, or

(b)  is a former Judge or Justice of any court referred to in paragraph (a).

(2A)  A person is not eligible to be issued a commission if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth.

(3)  The provisions of this Act apply to and in respect of a commission issued under this Act.

(4)  The Royal Commissions Act 1923 does not apply to or in respect of a commission issued under this Act or any inquiry held in relation to it.

5   Conditions, limitations and directions

(1)  Notwithstanding anything in this Act, a commission may be issued subject to such conditions and limitations as may be specified therein and may contain such directions relating to the practice and procedure to be followed in the conduct of the Special Commission to which it relates as may be specified therein.

(2)  It is the duty of the Commissioner to ensure that such conditions, limitations and directions as are specified in the relevant commission are complied with and observed to the fullest possible extent.

6   Revocation or amendment of letters patent or commission

The Governor may revoke, alter or vary any letters patent or commission made or issued under this Act from time to time as occasion requires.