Air Force Courts of Inquiry Regulations (Cth)
AIR FORCE COURTS OF INQUIRY REGULATIONS
- Reprinted as at 31 March 1981 (HISTREG CHAP 29 #DATE 31:03:1981)
- Reprinted as at 31 March 1981 (HISTREG CHAP 29 #DATE 31:03:1981)
*1* The Air Force Courts of Inquiry Regulations (in force under the Air Force
amended by the other Statutory Rules specified in the following table:
----------------------------------------------------------------------------
Date of Application, saving Year and notification in Date of or transitional
number Gazette commencement provisions
---------------------------------------------------------------------------- 1939 No. 40 18 May 1939 18 May 1939
1940 No. 165 20 Aug 1940 20 Aug 1940 -
1976 No. 32 3 Feb 1976 9 Feb 1976 -
----------------------------------------------------------------------------
AIR FORCE COURTS OF INQUIRY REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Establishment of Air Force Courts of Inquiry
4. Constitution of Court
5. Assessors and officers
5A. Place of sitting
6. Jurisdiction of Court
7. Report to Minister
8. Rehearing
9. Inquiry to be public
10. Court to have access to aircraft establishments
11. Practice and procedure
12. Summoning of witnesses
13. Power of Court in relation to documents
14. Power to examine on oath
15. Affirmation in lieu of oath
16. Refusal to give evidence, &c.
17. Appearance before Court
18. Examination of witnesses by counsel
19. Protection of Judge and witnesses
19A. Statements by witness not admissible in evidence against him
19B. Contempt of Court
20. Service of summons or other document
21. Allowance to witness
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Air Force Courts of Inquiry Regulations.*1*
See notes to first article of this Chapter.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 2.
InterpretationAmended by 1940 No. 165 r. 1
2. In these Regulations, unless the contrary intention appears-
"Court" means an Air Force Court of Inquiry established under these Regulations;
"the Judge" means a Justice or Judge appointed to constitute an Air Force Court of Inquiry;
"the Registrar" includes the Deputy Registrar appointed under these Regulations.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 3.
Establishment of Air Force Courts of InquirySub-reg. (1) amended by 1940 No. 165 r. 2
3. (1) The Governor-General may, by Proclamation, establish such Air Force Courts of Inquiry as he thinks fit.
(2) The Governor-General may, by Proclamation, revoke the establishment of any Air Force Court of Inquiry.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 4.
Constitution of Court
4. An Air Force Court of Inquiry shall be constituted by such Justice or Judge of any Federal or State Court or Court of a Territory as the Governor-General may appoint to constitute that Court.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 5.
Assessors and officersSub-reg. (1) amended by 1976 No. 32 r. 2
5. (1) The Governor-General may appoint 2 officers of the Air Force as assessors to assist and advise a Court for the purpose of any inquiry under these Regulations but assessors so appointed shall have no power of adjudication.
Substituted by 1940 No. 165 r. 3(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.
Inserted by 1940 No. 165 r. 3(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.
Amended by 1940 No. 165 r. 3; 1976 No. 32 r. 2(3) Every person appointed in pursuance of this regulation (not being a person employed in the service of Australia or of a Territory or of a public institution or authority of Australia) shall, for every day or portion of a day during which he is in attendance on or is assisting a Court, and for travelling expenses, be paid such sum as the Governor-General directs.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 5A.
Place of sittingInserted by 1940 No. 165 r. 4
5A. Sittings of a Court shall be held at such places as the Judge thinks fit.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 6.
Jurisdiction of Court
6. A Court shall have jurisdiction to make any inquiry referred to it by the Minister concerning any accident or forced landing in which an Air Force aircraft is involved.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 7.
Report to Minister
7. A Court shall, as soon as conveniently may be after the holding of an inquiry, forward its findings to the Governor-General together with notes of the evidence taken.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 8.
Rehearing
8. Notwithstanding that an inquiry has been concluded and that the Court has forwarded its findings to the Governor-General, the Court shall have jurisdiction to reopen and rehear the inquiry or any part thereof if requested by the Minister so to do.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 9.
Inquiry to be publicSub-reg. (1) amended by 1976 No. 32 r. 2
9. (1) Subject to sub-regulation (2), every inquiry under these Regulations shall be held in open Court.
(2) If the Court is of the opinion that special reasons exist which make it desirable that the hearing or any part thereof ought not to be heard in public it may order that the hearing or part thereof shall not be heard in public and the hearing or part thereof shall thereupon be heard in camera.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 10.
Court to have access to aircraft establishmentsAmended by 1940 No. 165 r. 5
10. For the purpose of any inquiry under these Regulations a Court shall have the right of access to any aircraft establishment whatsoever and to the examination of any aircraft equipment or process in the establishment.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 11.
Practice and procedureAmended by 1940 No. 165 r. 6
11. A Court may, generally or in any particular case, give such directions as to the practice or procedure to be followed as it thinks proper.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 12.
Summoning of witnessesAmended by 1940 No. 165 r. 7
12. The Judge or the Registrar of a Court may, by writing under his hand, summon any person to attend the Court at a time and place named in the summons, and then and there to give evidence and to produce any books, documents or writings in his custody or control which he is required by the summons to produce.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 13.
Power of Court in relation to documents
13. A Court may inspect any books, documents or writings before it, and may retain them for such reasonable period as it thinks fit, and may make copies of such matter as is relevant to the inquiry or take extracts from them.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 14.
Power to examine on oath
14. A Court may administer an oath to any person appearing before the Court as a witness, whether the person has been summoned or appears without being summoned, and may examine the witness on oath.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 15.
Affirmation in lieu of oathSub-reg. (1) amended by 1940 No. 165 r. 8; 1976 No. 32 r. 2
15. (1) Where any witness to be examined before a Court objects to take an oath, he may make an affirmation instead of taking an oath.
(2) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 16.
Refusal to give evidence, &c.Amended by 1976 No. 32 r. 2
16. A person who has been lawfully summoned to attend a Court to give evidence or produce documents, and who has been tendered reasonable expenses, shall not, without just excuse-
(a) fail to appear in obedience to a summons and to continue in attendance from day to day unless excused by the Court or until he is released from further attendance by the Court;
(b) refuse to be sworn or to make an affirmation as a witness;
(c) fail to answer any question which he is lawfully required by the Court to answer; or
(d) fail to produce any books, documents or writings which he is lawfully required by the Court to produce.
Penalty: $40 or imprisonment for 3 months or both.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 17.
Appearance before Court
17. Any person who a Court considers was concerned in the accident or forced landing into which the Court is inquiring or who the Court considers is or may be aggrieved by the accident, forced landing or inquiry, may appear before the Court or be represented before the Court by any barrister or solicitor.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 18.
Examination of witnesses by counselAmended by 1940 No. 165 r. 9
18. Any barrister or solicitor appointed by the Attorney-General to assist a Court and any person, barrister or solicitor permitted to appear before a Court, may, so far as the Court thinks proper, examine or cross-examine any witness on oath in any matter which the Court deems relevant to the inquiry, and any witness so examined or cross-examined shall have the same protection and be subject to the same liabilities as if examined by the Court.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 19.
Protection of Judge and witnesses
19. (1) A Judge shall, in the exercise of his duties under these Regulations, have the same protection and immunity as a Justice of the High Court.
(2) Every witness summoned to attend before an Air Force Court of Inquiry shall have the same protection, and shall be subject to the same liabilities in any civil or criminal proceeding, as a witness in any case tried in the High Court.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 19A.
Statements by witness not admissible in evidence against himInserted by 1940 No. 165 r. 10; amended by 1976 No. 32 r. 2
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.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 19B.
Contempt of CourtInserted by 1940 No. 165 r. 10; amended by 1976 No. 32 r. 2
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: $40 or imprisonment for 3 months or both.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 20.
Service of summons or other documentAmended by 1940 No. 165 r. 11
20. A summons or any other document required to be served under these Regulations may be served either personally on the person to be served or by prepaid registered letter addressed to the person at his last known place of abode or business, 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, or by any other manner which the Court may direct.
AIR FORCE COURTS OF INQUIRY REGULATIONS - SECT. 21.
Allowance to witnessSubstituted by 1976 No. 32 r. 2
21. A witness summoned to attend before a Court shall be allowed fees and travelling expenses in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time under the Public Works Committee Act 1969-1973.
------------------------------------------------------------------------------ --
0
0
0