Commonwealth Numbered Regulations

DEFENCE (INQUIRY) REGULATIONS 2018 (F2018L00316)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name  
   2.      Commencement  
   3.      Authority  
   4.      Schedules  
   5.      Purpose of this instrument  
   6.      Purpose of inquiries  
   7.      Definitions  

   PART 2--COMMISSIONS OF INQUIRY

           Division 1--Appointment of Commissions etc

   8.      Appointment of Commissions of Inquiry etc.  
   9.      Appointment of COI assistants  
   10.     Appointment of legal practitioners assisting Commissions  
   11.     Resignation of COI officials  
   12.     Termination of appointment of COI officials  
   13.     Replacement of COI officials  
   14.     Termination of Commissions  
   15.     Completion of inquiry  

           Division 2--Conduct of Commissions

   16.     Procedure generally  
   17.     Times and places for conduct of inquiries  
   18.     Notice to produce documents or things relevant to inquiry  
   19.     Notice to attend as a witness to give evidence  
   20.     Evidence to be given on oath or affirmation  
   21.     Hearings of Commissions  
   22.     Removal of certain persons from hearings  
   23.     Appearance at hearings of Commissions  

           Division 3--Report of Commissions

   24.     Report of Commissions  

           Division 4--Use, disclosure and copying of information and documents

   25.     Directions regarding disclosure of evidence  
   26.     Use, disclosure and copying of certain information and documents as an employee of the Commonwealth or member of the Defence Force  
   27.     Minister may authorise use, disclosure and copying of certain information and documents  
   28.     Minister may use, disclose and copy certain information and documents  

           Division 5--Offences

   29.     Failing or refusing to comply with notice to produce documents or things relevant to inquiry  
   30.     Failing or refusing to comply with notice to attend as a witness to give evidence  
   31.     Refusing to be sworn or to make affirmation  
   32.     Failing or refusing to answer question  
   33.     Giving false evidence  
   34.     Contempt etc.  
   35.     Taking reprisals  
   36.     Disclosure of information or documents  
   37.     Disclosure of COI records or COI reports of Commissions etc.  

           Division 6--Other matters

   38.     Self-incrimination  
   39.     Protection of COI officials from civil or criminal proceedings etc.  
   40.     Protection of witnesses etc. from civil proceedings  
   41.     Protection of certain publications  
   42.     COI records and COI reports etc. are exempt documents  
   43.     Delegation  

   PART 3--INQUIRY OFFICERS

           Division 1--Appointment of inquiry officers etc

   44.     Appointment of inquiry officers etc.  
   45.     Appointment of IO assistants  
   46.     Resignation of inquiry officials  
   47.     Termination of appointment of inquiry officials  
   48.     Replacement of inquiry officials  
   49.     Suspension of appointment of inquiry officials  
   50.     Completion of inquiry  

           Division 2--Conduct of inquiries

   51.     Procedure generally  
   52.     Times and places for conduct of inquiries  
   53.     Ordering members of the Defence Force to give evidence or produce documents or things  
   54.     Manner of taking evidence  
   55.     Inquiries must not be conducted in public  
   56.     Removal of certain persons from proceedings  

           Division 3--Report of inquiry officers

   57.     Report of inquiry officer  

           Division 4--Use, disclosure and copying of information and documents

   58.     Use, disclosure and copying of certain information and documents as an employee of the Commonwealth or member of the Defence Force  
   59.     Minister may authorise use, disclosure and copying of certain information and documents  
   60.     Minister may use, disclose and copy certain information and documents  

           Division 5--Offences

   61.     Failing or refusing to comply with an order to attend as a witness before an inquiry officer etc.  
   62.     Failing or refusing to answer question  
   63.     Giving false evidence  
   64.     Contempt etc.  
   65.     Taking reprisals  
   66.     Disclosure of IO records or IO reports of inquiry officers etc.  

           Division 6--Other matters

   67.     Self-incrimination  
   68.     Protection of inquiry officials from civil or criminal proceedings etc.  
   69.     Protection of witnesses etc. from civil proceedings  
   70.     Protection of publication of IO report  
   71.     IO records and IO reports etc. are exempt documents  
   72.     Delegation  

   PART 4--ANNUAL REPORT

   73.     Annual report on operation of this instrument  

   PART 5--TRANSITIONAL, APPLICATION AND SAVING PROVISIONS

   74.     Definitions  
   75.     Continuation of incomplete old inquiries  
   76.     Continued application of certain protection and immunity provisions in old regulations  
   77.      Saving of directions relating to the disclosure of certain evidence etc.  
   78.     Continued application of prohibition against disclosure of records or reports of Courts of Inquiry  
   79.     Continued application of prohibition against disclosure of records or reports of Inquiry Officers  
   80.     Saving of instruments made under regulation 63 of the old regulations  
   81.      Continued application of provisions in the old regulations relating to reopening etc. of old inquiries by Courts of Inquiry  
   82.     Continued application of provisions in the old regulations relating to reopening etc. of old inquiries by Inquiry Officers  
   83.     Last annual report under old regulations  
   84.      Continued application of provisions in the old regulations relating to IGADF inquiries