Commonwealth Consolidated Regulations Commonwealth Consolidated Regulationsmade under the
Compilation No. 3
Compilation date: 1 July 2023
Includes amendments up to: F2023L00814
Registered: 14 July 2023
About this compilation
This compilation
This is a compilation of the Inspector-General of the Australian Defence Force Regulation 2016 that shows the text of the law as amended and in force on 1 July 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Name
3 Authority
4 Definitions
Part 2--Functions of the Inspector-General ADF
5 Functions of the Inspector-General ADF
Part 3--Inquiry officers, inquiry assistants and Assistants IGADF
Division 1--Eligibility for appointment
6 Eligibility for appointment as an inquiry officer, inquiry assistant or Assistant IGADF
Division 2--Roles, functions and powers
7 Operation of this Division
8 Role of an inquiry officer
9 Role of an inquiry assistant
10 Role of an Assistant IGADF
11 Inquiry may involve multiple officers
Part 4--Conduct of inquiries
Division 1--General
12 Operation of this Part
13 Concurrent inquiries
14 Scope of inquiries conducted by inquiry officers or Assistants IGADF
15 Change of inquiry personnel--inquiry officer
15A Change of inquiry personnel--Assistant IGADF who is a judicial officer
15B Change of inquiry personnel--other Assistant IGADF
16 Completion of inquiries
Division 2--Procedure
17 Procedure generally
18 Times and places for conduct of inquiries
19 Conduct of inquiries in public or private
20 Legal representation at inquiries
21 Directions regarding disclosure of evidence
Division 3--Information gathering powers
22 Power to require members of the Defence Force to give information, produce documents or answer questions etc.
23 Power to require a person to give information, produce documents or answer questions etc.
24 Powers that may be exercised by inquiry officers and Assistants IGADF
Division 4--Reports and recommendations
25 Report by inquiry officer or Assistant IGADF
26 Further report by inquiry officer or Assistant IGADF
27 Report by Inspector-General ADF
28 Public release of reports
Division 4A--Inquiries conducted by Assistant IGADF who are judicial officers
28A Application of this Division
28B Inspector-General ADF involvement
28C Procedure of inquiry
28D Scope of the inquiry
28E Evidence and information gathering powers
28F Report by Assistant IGADF
28G Reports to other persons
28H Public release of reports
28J Protection and chain of command
Division 4B--Disclosure of inquiry-related information
28K Application of this Division
28L Disclosure of inquiry-related information
28M Directions regarding disclosure of inquiry-related information
Division 5--Offences etc.
29 Failure to answer questions etc.
30 Contempt etc.
31 Taking reprisals
Division 6--Miscellaneous
32 Self-incrimination
33 Protection from liability in civil proceedings
34 Witness expenses
34A Delegation
Part 5--Conduct of performance reviews
35 Operation of this Part
36 Reasonable assistance in relation to the conduct of performance reviews
Part 6--Transitional provisions
37 Amendments made by the Inspector-General of the Australian Defence Force Amendment Regulations 2018
38 Amendments made by the Inspector-General of the Australian Defence Force Amendment Regulations 2021
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Inspector-General of the Australian Defence Force Regulation 2016 | 30 Sept 2016 (F2016L01558) | 1 Oct 2016 (s 2(1) item 1) |
|
Inspector-General of the Australian Defence Force Amendment Regulations 2018 | 12 Oct 2018 (F2018L01428) | 13 Oct 2018 (s 2(1) item 1) | -- |
Inspector-General of the Australian Defence Force Amendment Regulations 2021 | 18 May 2021 (F2021L00591) | 19 May 2021 (s 2(1) item 1) | -- |
National Anti-Corruption Commission (Consequential Amendments) Regulations 2023 | 20 June 2023 (F2023L00814) | Sch 1 (item 4): 1 July 2023 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
s 2..................... | rep LA s 48D |
s 4..................... | am F2018L01428; F2021L00591 |
Part 3 |
|
Division 2 |
|
s 10.................... | am F2018L01428 |
Part 4 |
|
Division 1 |
|
s 15.................... | rs F2018L01428 |
s 15A................... | ad F2018L01428 |
s 15B................... | ad F2018L01428 |
Division 4 |
|
s 25.................... | am F2018L01428 |
s 26.................... | am F2018L01428 |
s 27.................... | am F2018L01428 |
| ed C1 |
| am F2021L00591 |
s 28.................... | am F2018L01428 |
Division 4A |
|
Division 4A............... | ad F2018L01428 |
s 28A................... | ad F2018L01428 |
s 28B................... | ad F2018L01428 |
s 28C................... | ad F2018L01428 |
s 28D................... | ad F2018L01428 |
s 28E................... | ad F2018L01428 |
| am F2021L00591 |
s 28F................... | ad F2018L01428 |
s 28G................... | ad F2018L01428 |
s 28H................... | ad F2018L01428 |
s 28J.................... | ad F2018L01428 |
Division 4B |
|
Division 4B............... | ad F2021L00591 |
s 28K................... | ad F2021L00591 |
s 28L................... | ad F2021L00591 |
| am F2023L00814 |
s 28M................... | ad F2021L00591 |
Division 6 |
|
s 34A................... | ad F2018L01428 |
| am F2021L00591 |
Part 6 |
|
Part 6................... | ad F2018L01428 |
s 37.................... | ad F2018L01428 |
s 38.................... | ad F2021L00591 |