Commonwealth Numbered Regulations

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DEFENCE (INQUIRY) REGULATIONS 2018 (F2018L00316) - REG 25

Directions regarding disclosure of evidence

             (1)  If the President of a Commission is satisfied that it is necessary to do so in the interests of:

                     (a)  the defence, security or international relations of the Commonwealth; or

                     (b)  fairness to a person who the President considers may be affected by the Commission's inquiry; or

                     (c)  the effective conduct of the Commission's inquiry;

the President may give a written direction that prohibits the disclosure of any or all of the following:

                     (d)  specified information contained in oral evidence given to a COI assistant or at a hearing of the Commission;

                     (e)  specified documents received by a COI member or COI assistant of the Commission and accepted as evidence during the course of the Commission's inquiry;

                      (f)  specified documents prepared by a COI official of the Commission that relate to the Commission's inquiry.

             (2)  A direction under subsection (1) given by the President of a Commission does not prohibit:

                     (a)  the disclosure of information or documents specified in the direction to:

                              (i)  a COI official of the Commission; or

                             (ii)  a person authorised, in writing, by the President for the purposes of this paragraph; or

                     (b)  the inclusion of information or documents specified in the direction in the COI report of the Commission.

             (3)  A direction under subsection (1) that prohibits the disclosure of a document also prohibits:

                     (a)  the disclosure of part of that document or the disclosure of a copy of all or part of that document; and

                     (b)  the disclosure of information contained in that document.



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