Commonwealth Consolidated Regulations

DEFENCE (INQUIRY) REGULATIONS 1985 - REG 3

       (1)     In these Regulations, unless the contrary intention appears:

"appointing authority" :

                (a)    in relation to a Court of Inquiry appointed by the Minister, means the Minister; and

               (b)    in relation to a Board of Inquiry, means the officer who appointed the Board or, where the Board was appointed by the Chief of the Defence Force and the Secretary acting concurrently, both of those persons acting concurrently.

"appointing officer" , in relation to an Inquiry Officer or an inquiry assistant, means the officer who appointed the Officer or assistant.

Note    See Part 6.

"article" includes any substance.

Court of Inquiry means any of the following:

                (a)    a General Court of Inquiry under Part II;

               (b)    a Board of Inquiry under Part III;

                (c)    a Combined Board of Inquiry under Part IV;

               (d)    a Chief of the Defence Force Commission of Inquiry under Part VIII.

"inquiry" means an inquiry under these Regulations and:

                (a)    if an inquiry conducted by a Court of Inquiry is re‑opened under regulation 66, includes that inquiry as so re‑opened; and

               (b)    if an inquiry conducted by an Inquiry Officer is re‑opened under regulation 76, includes that inquiry as so re‑opened.

"lawyer" means a legal practitioner and, in relation to a Combined Board of Inquiry, includes a person appointed under subregulation 44 (1).

"legal practitioner" means a person enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory.

"member" , in relation to a Court of Inquiry, does not include a person who constitutes a Court of Inquiry.

"President" , in relation to a Court of Inquiry, means the President of the Court or Board, as the case may be, and where 2 or more members of a Combined Board of Inquiry are appointed under subregulation 43 (2), includes each of those members.

         (2)   A reference in these Regulations to an officer includes a reference to a person for the time being performing the duties of that officer.

         (3)   A reference in these Regulations to a person who ceases to be a member of a Court of Inquiry is a reference to a member who dies or resigns, or whose appointment is terminated under regulation 58.

         (4)   A reference in these Regulations to a Court of Inquiry that has not, at a particular time, completed its inquiry includes a reference to a Court of Inquiry that has not, at that time, begun to conduct its inquiry.

         (5)   A reference in these Regulations to a person who constitutes, or is directed to constitute, a Court of Inquiry, is a reference to a person who constitutes, or is intended to constitute, as the case may be, a Court of Inquiry alone.

         (6)   A reference in these Regulations to a Court of Inquiry is a reference to the Court as constituted or reconstituted from time to time in accordance with these Regulations.

         (7)   Where a provision of these Regulations confers a power to give a direction or make an order, the power shall, unless the contrary intention appears, include a power exercisable in the same manner and subject to the same conditions (if any) to revoke or vary the direction or order.