Opinion Number. 184

Subject

SENATE WHETHER SELECT COMMITTEE HAS POWER TO COMPEL EVIDENCE BY STATUTORY DECLARATION

Date

The Chairman, Select Committee of the Senate on the case of Major J, W. M. Carroll:

The Select Committee of the Senate appointed to inquire into and report upon the case of Major Carroll have asked for my opinion as to whether the Committee have power to compel any person within the Commonwealth to give evidence by statutory declaration.

I am of opinion that the Committee has no such power. The resolution appointing the Committee authorises it to send for persons, papers, and records, and its powers are confined within the limits of the resolution (see Standing Order of Senate 290).(1)

[Vol. 4, p. 265]

(1) This opinion was published in Commonwealth of Australia, Senate, Journals 1904, Vol. I, p. 536.