Commonwealth Consolidated Regulations

DEFENCE (INQUIRY) REGULATIONS 1985 - REG 119

         (1)   Subject to this regulation, a Commission of Inquiry must not take evidence on oath or affirmation.

         (2)   If the appointing authority considers that a person may be affected by an inquiry that is to be made, or that is being made, by a Commission of Inquiry, the appointing authority must direct that all evidence to be given before the Commission or all evidence to be so given after the giving of the direction, as the case may be, must be on oath or affirmation.

         (3)   If, under a direction under subregulation (2), the evidence to be given by a witness appearing before a Commission of Inquiry is to be on oath or affirmation, the President must, subject to subregulation (4), administer, or cause to be administered, to the witness an oath or affirmation in accordance with the form in the Schedule.

         (4)   For the purposes of giving effect to a direction referred to in subregulation (3), the President may permit a person to take an oath in such form as the person declares to the President to be binding upon the conscience of that person.