Commonwealth Numbered Regulations

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DEFENCE (INQUIRY) REGULATIONS 2018 (F2018L00316) - REG 7

Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    Chief of the Defence Force;

(b)    Defence Force;

(c)    Member;

(d)    officer;

(e)    The Secretary.

                   In this instrument:

"Act " means the Defence Act 1903 .

"appointing authority " for a Commission means:

                     (a)  if the Commission is appointed by the Chief of the Defence Force and the Secretary acting jointly under subsection 8(1)--both of those persons acting jointly; or

                     (b)  otherwise--the person who appoints the Commission under subsection 8(1).

"COI assistant " of a Commission means a person appointed under section 9 or subsection 13(2) as an assistant of the Commission.

"COI member " of a Commission means a person appointed under paragraph 8(3)(a) or subsection 8(4) or 13(2) as a member of the Commission and includes a member appointed as the President of the Commission.

"COI official " of a Commission means:

                     (a)  a COI assistant of the Commission; or

                     (b)  a COI member of the Commission; or

                     (c)  a legal practitioner appointed under section 10 or subsection 13(2) to assist the Commission.

"COI records " of a Commission means:

                     (a)  the transcript or other record of oral evidence given to a COI assistant of the Commission or at a hearing of the Commission; or

                     (b)  documents produced to a COI assistant or COI member of the Commission or at a hearing of the Commission; or

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

"COI report " of a Commission means a report relating to the Commission's inquiry prepared in accordance with section 24.

"Commission " means a Commission of Inquiry appointed under subsection 8(1).

"engage in conduct " includes omitting to perform an act.

"inquiry officer " means a person appointed under subsection 44(1) or 48(1) as an inquiry officer.

"inquiry official " means:

                     (a)  an inquiry officer; or

                     (b)  an IO assistant of the inquiry officer.

"IO assistant " of an inquiry officer means a person appointed under section 45 or subsection 48(1) as an assistant of the inquiry officer.

"IO records " of an inquiry officer means:

                     (a)  the transcript or other record of oral evidence given to the inquiry officer or an IO assistant of the inquiry officer; or

                     (b)  documents produced to the inquiry officer or the IO assistant of the inquiry officer; or

                     (c)  documents prepared by the inquiry officer, or the IO assistant of the inquiry officer, that relate to the inquiry officer's inquiry.

"IO report " of an inquiry officer means a report relating to the inquiry officer's inquiry prepared in accordance with section 57.

"President " of a Commission means the person appointed under paragraph 8(3)(b) or (c) or subsection 13(2) as the President of the Commission.



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