Commonwealth Numbered Regulations

DEFENCE (INQUIRY) AMENDMENT REGULATIONS 2006 (NO. 2) (SLI NO 142 OF 2006) - SCHEDULE 1

(regulation 3)

[1]           Subregulation 14 (5), at the foot

insert

Note    At 30 June 2006, subsection 124 (2C) of the Defence Act 1903 provided: 'A statement or disclosure made by a witness in the course of giving evidence before a court of inquiry, a board of inquiry, an inquiry officer or an inquiry assistant is not admissible in evidence against that witness in:

(a)   any civil or criminal proceedings in any federal court or court of a State or Territory; or

(b)   proceedings before a service tribunal;

otherwise than in proceedings by way of a prosecution for giving false testimony at the hearing before the court of inquiry, the board of inquiry, the inquiry officer or the inquiry assistant.'

[2]           Subregulation 32 (5), at the foot

insert

Note    At 30 June 2006, subsection 124 (2C) of the Defence Act 1903 provided: 'A statement or disclosure made by a witness in the course of giving evidence before a court of inquiry, a board of inquiry, an inquiry officer or an inquiry assistant is not admissible in evidence against that witness in:

(a)   any civil or criminal proceedings in any federal court or court of a State or Territory; or

(b)   proceedings before a service tribunal;

otherwise than in proceedings by way of a prosecution for giving false testimony at the hearing before the court of inquiry, the board of inquiry, the inquiry officer or the inquiry assistant.'

[3]           Part 6, heading

substitute

Part 6                  Inquiry Officers and inquiry assistants

[4]           Regulation 69, heading

substitute

69             Inquiry Officers and inquiry assistants

[5]           Subregulation 74 (3A), at the foot

insert

Note    At 30 June 2006, subsection 124 (2C) of the Defence Act 1903 provided: 'A statement or disclosure made by a witness in the course of giving evidence before a court of inquiry, a board of inquiry, an inquiry officer or an inquiry assistant is not admissible in evidence against that witness in:

(a)   any civil or criminal proceedings in any federal court or court of a State or Territory; or

(b)   proceedings before a service tribunal;

otherwise than in proceedings by way of a prosecution for giving false testimony at the hearing before the court of inquiry, the board of inquiry, the inquiry officer or the inquiry assistant.'

[6]           Subregulation 96 (3), at the foot

insert

Note    At 30 June 2006, subsection 124 (2C) of the Defence Act 1903 provided: 'A statement or disclosure made by a witness in the course of giving evidence before a court of inquiry, a board of inquiry, an inquiry officer or an inquiry assistant is not admissible in evidence against that witness in:

(a)   any civil or criminal proceedings in any federal court or court of a State or Territory; or

(b)   proceedings before a service tribunal;

otherwise than in proceedings by way of a prosecution for giving false testimony at the hearing before the court of inquiry, the board of inquiry, the inquiry officer or the inquiry assistant.'

[7]           After Part 7

insert

Part 8                  Annual report

108          Annual report on operation of these Regulations

         (1)   For the financial year ending 30 June 2007, and at the end of each succeeding financial year, the Chief of the Defence Force is to prepare a report on the operation of these Regulations during the financial year.

         (2)   The report is to be included in the annual report of the Department.

Note    Section 63 of the Public Service Act 1999 requires that a report on a Department's activities during the year be prepared for presentation to Parliament.