Defence (Inquiry) Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 361

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Defence (Inquiry) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.

Dated 5 March 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

John Brown

Minister of State for Sport, Recreation and Tourism for and on behalf of the

Minister of State for Defence

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1. Regulation 3 of the Defence (Inquiry) Regulations is amended by inserting in sub-regulation (3) “or resigns,” after “dies”.

2. After regulation 3 of the Defence (Inquiry) Regulations the following regulation is inserted:

References to appointing authority

“3a. Where the power of appointing a person to be a member of a Court of Inquiry or a Board of Inquiry, as the case may be, has been delegated, a reference in regulation 27a, 27b, 43a or 43b to the appointing authority includes a reference to the person to whom that power has been delegated.”.

3. After regulation 7 of the Defence (Inquiry) Regulations the following regulations are inserted:

Resignation as President of a General Court of Inquiry

“7a. The President of a General Court of Inquiry, if he or she is not a member of the Defence Force, may resign the office of President by writing signed by the President and delivered to the Minister.

 

(S.R. 359/85)—Cat. No.  11/28.1.1987

Resignation from a General Court of Inquiry

“7b. A member of a General Court of Inquiry, including its President or a person who constitutes a General Court of Inquiry, other than a member of the Defence Force, may resign the office of member by writing signed by the member and delivered to the Minister.”.

Duties of witnesses

4. Regulation 14 of the Defence (Inquiry) Regulations is amended by adding at the end of sub-regulation (5) the following words and paragraphs: “, except where the answer to the question—

(a) may tend to incriminate that person in respect of an offence with which that person has been charged; and

(b) the charge has not been finally dealt with by a court or otherwise disposed of”.

5. After regulation 27 of the Defence (Inquiry) Regulations the following regulations are inserted:

Resignation as President of a Board of Inquiry

“27a. The President of a Board of Inquiry, if he or she is not a member of the Defence Force, may resign the office of President by writing signed by the President and delivered to the appointing authority.

Resignation from a Board of Inquiry

“27b. A member of a Board of Inquiry, including its President, other than a member of the Defence Force, may resign the office of member by writing signed by the member and delivered—

(a) in the case of an inquiry into a matter referred to in paragraph 23 (1) (a)—to either of the persons who acted concurrently as the appointing authority; or

(b) in the case of an inquiry into a matter referred to in paragraph 23 (1) (b) or (c)—to the appointing authority.”.

Duties of witnesses

6. Regulation 32 of the Defence (Inquiry) Regulations is amended by adding at the end of sub-regulation (5) the following words and paragraphs: “, except where the answer to the question—

(a) may tend to incriminate that person in respect of an offence with which that person has been charged; and

(b) the charge has not been finally dealt with by a court or otherwise disposed of”.

7. After regulation 43 of the Defence (Inquiry) Regulations the following regulations are inserted:

Resignation as President of a Combined Board of Inquiry

“43a. The President of a Combined Board of Inquiry, if he or she is not a member of the Defence Force, may resign the office of President by writing signed by the President and delivered to the appointing authority.

 

Resignation from a Combined Board of Inquiry

“43b. A member of a Combined Board of Inquiry, including its President, other than a member of the Defence Force, may resign the office of member by writing signed by the member and delivered to the appointing authority.”.

Contempt of Courts of Inquiry

8. Regulation 57 of the Defence (Inquiry) Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:

“(1) Any person who—

(a) wilfully insults or disturbs a Court of Inquiry;

(b) interrupts the proceedings of a Court of Inquiry;

(c) uses any insulting language towards a Court of Inquiry;

(d) by writing or speech uses words false and defamatory of a Court of Inquiry; or

(e) is in any manner guilty of any wilful contempt of a Court of Inquiry,

is guilty of an offence.

Penalty: $500 or imprisonment for 3 months.”.

Repeal of regulation 65

9. Regulation 65 of the Defence (Inquiry) Regulations is repealed.

Appointment

10. Regulation 69 of the Defence (Inquiry) Regulations is amended by omitting from sub-regulation (1) “investigating” and substituting “inquiring into”.

11. After regulation 74 of the Defence (Inquiry) Regulations the following regulation is inserted:

Admissibility of statements or disclosures before Investigating Officers

“74a. A statement or disclosure made by a member of the Defence Force in the course of giving evidence before an Investigating Officer is not admissible in evidence against that person in proceedings before a service tribunal except in a prosecution for an offence against these Regulations.”.

Application of provisions to Investigating Officers

12. Regulation 78 of the Defence (Inquiry) Regulations is amended—

(a) by omitting “, sub-regulations 64 (1)” and substituting “and sub-regulations 64 (1)”; and

(b) by omitting “and regulation 65”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 March 1987.

2. Statutory Rules 1985 No. 114.

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