STATUTORY RULES.
1939. No. 40.
REGULATIONS UNDER THE AIR FORCE ACT 1923.*
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.
Dated this seventeenth day of May, 1939.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Air Force Courts of Inquiry Regulations.
Short title.
1. These Regulations may be cited as the Air Force Courts of Inquiry Regulations.
Definitions.
2. In these Regulations, unless the contrary intention appears—
“Court” means an Air Force Court of Inquiry established under these Regulations; and
“the Judge” means a Justice or Judge appointed to constitute an Air Force Court of Inquiry.
Establishment of Air Force Courts of Inquiry.
3.—(1.) The Governor-General may, by Proclamation, establish Air Force Courts of Inquiry at such places as he thinks fit.
(2.) The Governor-General may, by Proclamation, revoke the establishment of any Air Force Court of Inquiry.
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.
Assessors and officers.
5.—(1.) The Governor-General may appoint two officers of the Air Force, recommended by the Air Board constituted under the Air Force Regulations, 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.
(2.) The Attorney-General may appoint any person to be an officer of any Air Force Court of Inquiry and any person so appointed shall have such powers and perform such duties as are prescribed or as the Judge directs.
(3.) Every assessor or officer appointed in pursuance of this regulation (not being a person employed in the service of the Commonwealth or of a Territory of the Commonwealth or of a public institution or authority of the Commonwealth) 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.
* Notified in the Commonwealth Gazette on , 1939.
2451.—20/16.5.1939.—Price 3d.
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.
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.
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.
Inquiry to be public.
9.—(1.) Subject to sub-regulation (2.) of this regulation, 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.
Court to have access to aircraft establishments.
10. For the purposes of any inquiry under these Regulations a Court shall have the right of access to any aircraft establishment and to the examination of any aircraft equipment or process in the establishment.
Practice and procedure.
11. A court may, in any particular case, give such directions as to the practice or procedure to be followed, as it thinks proper.
Summoning of witnesses.
12. The Judge 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.
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.
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.
Affirmation in lieu of oath.
15.—(1.) Where any witness to be examined before a Court conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath, and that he will state the truth, the whole truth, and nothing but the truth, to all questions which are asked of him.
(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.
Refusal to give evidence, &c.
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: Twenty pounds or imprisonment for three months or both.
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.
Examination of witnesses by counsel.
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 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.
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.
Service of summons or other document.
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 any other manner which the Court may direct.
Allowance to witness.
21. A witness summoned to attend before a Court shall be allowed fees in accordance with the scales of fees allowed by the Supreme Court of the State in which the witness is required to attend or, in special circumstances, such fees as the Court orders.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.