Air Force Courts of Inquiry Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No. 165.

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REGULATIONS UNDER THE AIR FORCE ACT 1923-1939.*

I,THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923-1939.

Dated this seventeenth day of August, 1940.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

Minister of State for Air.

 

Amendments of Air Force Courts of Inquiry Regulations.

Definitions.

1. Regulation 2 of the Air Force Courts of Inquiry Regulations is amended—

(a) by omitting from the definition of “Court” the word “and”; and

(b) by adding at the end thereof the following definition:—

“‘the Registrar’ includes the Deputy Registrar appointed under these Regulations.”.

Establishment of Air Force Courts of Inquiry.

2. Regulation 3 of the Air Force Courts of Inquiry Regulations is amended by omitting from sub-regulation (1.) the words “Air Force Courts of Inquiry at such places” and inserting in their stead the words “such Air Force Courts of Inquiry”.

Assessors and officers.

3. Regulation 5 of the Air Force Courts of Inquiry Regulations is amended—

(a) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) The Attorney-General may appoint persons to be the Registrar and Deputy Registrar, respectively, of a Court and may appoint such other officers of a Court as he thinks fit.

“(2a.) The Registrar, Deputy Registrar and other officers of a Court shall have such powers and perform such duties as are prescribed or as the Judge directs.”; and

(b)by omitting from sub-regulation (3.) the words “assessor or officer” and inserting in their stead the word “person”.

Place of sitting.

4. After regulation 5 of the Air Force Courts of Inquiry Regulations the following regulation is inserted:—

“5a. Sittings of a Court shall be held at such places as the Judge thinks fit.”.

 

* Notified in the Commonwealth Gazette on   ,1940

  Statutory Rules 1939, No. 40.

3487/39.—10/16.8.1940.—Price 3d.

Court to have access to aircraft establishments.

5. Regulation 10 of the Air Force Courts of Inquiry Regulations is amended by inserting after the word “establishment” (first occurring) the word “whatsoever”.

Practice and procedure.

6. Regulation 11 of the Air Force Courts of Inquiry Regulations is amended by inserting after the word “may,” the words “generally or”.

Summoning of witnesses.

7. Regulation 12 of the Air Force Courts of Inquiry Regulations is amended by inserting after the word “Judge” the words “or the Registrar of a Court”.

Affirmation in lieu of oath.

8. Regulation 15 of the Air Force Courts of Inquiry Regulations is amended by omitting from sub-regulation (1.) all the words after the word “affirmation” and inserting in their stead the words “instead of taking an oath”.

Examination of witnesses by counsel.

9. Regulation 18 of the Air Force Courts of Inquiry Regulations is amended by inserting after the word “witness” (first occurring) the words “on oath”.

10. After regulation 19 of the Air Force Courts of Inquiry Regulations the following regulations are inserted:—

Statements by witness not admissible in evidence against him.

“19a. A statement or disclosure made by any witness in answer to any question put to him in pursuance of these Regulations shall not (except in proceedings for an offence against these Regulations) be admissible in evidence against him in any civil or criminal proceedings whatsoever, including proceedings in a court-martial or summary proceedings under the Air Force Regulations made under the Air Force Act 1923-1939.

Contempt of Court.

“19b. Any person who wilfully insults or disturbs a Court, or interrupts the proceedings of a Court, or uses any insulting language towards a Court or by writing or speech uses words false and defamatory of a Court, or is in any manner guilty of any wilful contempt of a Court, shall be guilty of an offence.

Penalty: Twenty pounds or imprisonment for three months or both.”

Service of summons or other document.

11. Regulation 20 of the Air Force Courts of Inquiry Regulations is amended by inserting after the word “business” the words “, or by leaving it at his last known place of abode or business with some other person apparently an inmate thereof and apparently not less than sixteen years of age,”.

 

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.