Defence (Inquiry) Amendment (2016 Measures No. 1) Regulation 2016 (Cth)

Defence (Inquiry) Amendment (2016 Measures No. 1) Regulation 2016

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 28 September 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Marise Payne

Minister for Defence

Contents

1Name

This is the Defence (Inquiry) Amendment (2016 Measures No. 1) Regulation 2016.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	1 October 2016.	1 October 2016

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Defence Act 1903.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Part 1Main amendments

Defence (Inquiry) Regulations 1985

1

Part 7

Repeal the Part.

2

Regulation 109

Repeal the regulation, substitute:

109Appointment of Commission of Inquiry

1. (1)

   The appointing authority may, by instrument in writing, appoint a Commission of Inquiry to inquire into any matter concerning the Defence Force that is specified in the instrument.

2. (2)

   The appointing authority may, at any time, by instrument in writing:

   1. (a)

      add a matter to the matters into which the Commission of Inquiry may inquire; or

   2. (b)

      vary those matters.

Part 2Other amendments

Defence (Inquiry) Regulations 1985

1. 3

   Subregulation 3(1) (paragraph (d) of the definition of Court of Inquiry)

Omit “Part VIII”, substitute “Part 8”.

4

Subregulation 70A(1)

Repeal the subregulation, substitute:

1. (1)

   An Inquiry Officer or inquiry assistant may be appointed by one of the following officers in relation to an inquiry into a matter concerning the Defence Force:

   1. (a)

      the Chief of the Defence Force or a service chief;

   2. (b)

      an officer, or a class of officers, authorised in writing by the Chief of the Defence Force or a service chief for the purposes of this paragraph.

5

After subregulation 70A(2)

Insert:

1. (2A)

   For the purpose of paragraph (1)(b), the Chief of the Defence Force or a service chief may authorise an officer, or a class of officers, to appoint an Inquiry Officer or inquiry assistant under subregulation (1).

2. (2B)

   An authorisation under subregulation (2A) may be subject to conditions specified in the authorisation.

Part 3Transitional provisions

Defence (Inquiry) Regulations 1985

6

After Part 9

Insert:

Part 10—Transitional provisions

126Transitional—amendments made by the Defence (Inquiry) Amendment (2016 Measures No. 1) Regulation 2016

1. (1)

   Despite the repeal of Part 7 of these Regulations by the Defence (Inquiry) Amendment (2016 Measures No. 1) Regulation 2016, that Part, as in force immediately before 1 October 2016, continues to apply in relation to an inquiry commenced, but not completed, before 1 October 2016.

   Note: The Defence (Inquiry) Amendment (2016 Measures No. 1) Regulation 2016 commences on 1 October 2016.

2. (2)

   An appointment made under regulation 70A of these Regulations, as in force immediately before 1 October 2016, in relation to an inquiry, continues in force, on and after 1 October 2016, for the purposes of completing that inquiry.

3. (3)

   A Commission of Inquiry appointed under regulation 109 of these Regulations, as in force immediately before 1 October 2016, continues in force, on and after 1 October 2016, for the purposes of completing that Commission of Inquiry.