EXPLANATORY STATEMENT
STATUTORY RULES 1990 No.207
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
DEFENCE (INQUIRY) REGULATIONS (AMENDMENT)
The Defence (Inquiry) Regulations (“the Regulations”), made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, prescribe various matters in relation to the conduct of inquiries concerning the Defence Force.
The Regulations provide legislative cover for three levels of inquiry:
• General Court of Inquiry;
• Board of Inquiry; and
• inquiry by an Investigating Officer.
A General Court of Inquiry would be appointed in relation to a matter of major importance. A Board of Inquiry would investigate a matter of significance to the Defence Force which does not warrant a quasi-judicial inquiry. An Investigating Officer investigates less important matters.
Regulation 69 of the Regulations provides for the appointment of Investigating Officers. Statutory Rules 1990 No. 10 amended regulation 69 to expand the class of persons who may be appointed as Investigating Officers by omitting subregulation 69(2) and inserting new subregulations 69(2) and (3). As there was already a subregulation 69(3) prior to the commencement of Statutory Rules 1990 No. 10, a re-numbering of the provisions was required.
This Statutory Rule re-numbers the more recent subregulation (3) as subregulation (2A).
This Statutory Rule comes into operation on the date of gazettal.
S.R. 136/90