Commonwealth Numbered Regulations Commonwealth Numbered RegulationsDefence (Inquiry) Regulations 1985
1 Part 7
Repeal the Part.
2 Regulation 109
Repeal the regulation, substitute:
109 Appointment of Commission of Inquiry
(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) The appointing authority may, at any time, by instrument in writing:
(a) add a matter to the matters into which the Commission of Inquiry may inquire; or
(b) vary those matters.
Defence (Inquiry) Regulations 1985
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) 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:
(a) the Chief of the Defence Force or a service chief;
(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:
(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).
(2B) An authorisation under subregulation (2A) may be subject to conditions specified in the authorisation.
Part 3 -- Transitional provisions
Defence (Inquiry) Regulations 1985
6 After Part 9
Insert:
Part 10 -- Transitional provisions
(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) 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) 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.