Conduct of Inquiries Regulations (Cth)

Commonwealth of Australia.

Department of Trade and Customs,

Melbourne, 16th December, 1903.

REGULATIONS UNDER THE EXCISE ACT 1901.

H

IS Excellency the Governor-General in and over the Commonwealth of Australia, by and with the advice of the Executive Council thereof, has approved of the following:—

Regulations for the Conduct of Inquiries under the

Excise Act 1901.

Section 155.

The written consent of any person to the settlement of a dispute by the Minister shall be according to form of the Schedule hereunder.

Incases where the Minister decides to hold an inquiry the following shall be the rules therefor:—

The person who occupies the position of defendant in the ease shall have full opportunity of bringing forward his evidence and of defending himself.

The person who occupies the position of prosecutor shall make a short statement of his case.

The evidence of the witnesses supporting the charge shall be taken.

Such witnesses may be cross-examined by the defendant, and re-examined by the prosecutor.

The defendant’s witnesses shall then give their evidence, and the defendant may himself give evidence.

Such witnesses may be cross-examined by- prosecutor, and re-examined by defendant.

The defendant, or person appearing for him, may then address the conductor of the inquiry, and the prosecutor shall have the right of reply.

The conductor of the inquiry shall then give his decision or reserve his decision until some future day and time which he shall announce.

The defendant may be represented by counsel, or (with the approval of the conductor of the inquiry) by some other person.

The conductor of the inquiry—

Shall not regard legal forms or solemnities;

Shall direct himself by the best evidence procurable or laid before him, whether it be such evidence as the law would require or admit in other cases or not;

May reject any evidence he considers irrelevant.

All examinations shall be on oath.

The conductor of the inquiry may call for, or require the production of, any evidence or witness he thinks necessary.

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Schedule.

Excise Act 1901.

FORM OF CONSENT TO THE MINISTER SETTLING A DISPUTE.

Section 155.

State of

Whereas a dispute has arisen at

with reference to

Now I, the said

do hereby consent to the Minister determining the said dispute as he deems just.

Dated at in this day of 1903

Signature—

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WILLIAM JOHN LYNE,

Minister for Trade and Customs.