I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.

Dated 22 April 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

ROBERT HILL

Minister for Defence

1 Name of Regulations

  These Regulations are the Defence (Inquiry) Amendment Regulations 2005 (No. 1).

2 Commencement

  These Regulations commence on the day after they are registered.

3 Amendment of Defence (Inquiry) Regulations 1985

  Schedule 1 amends the Defence (Inquiry) Regulations 1985.

Schedule 1 Amendment

(regulation 3)

[1] Subregulations 102 (3) and (4)

substitute

 (3) The Inspector-General may, if he or she thinks it appropriate to do so:

 (a) inform 1 or more of the following persons of the findings in relation to the inquiry:

 (i) the Chief of the Defence Force;

 (ii) an official in the Department;

 (iii) a member of the Defence Force;

 (iv) a person who is affected by a submission or the inquiry (whether or not the person made a submission); or

 (b) give 1 or more of those persons a report of the findings and any recommendations that the Inspector-General thinks it appropriate to make as a result of the findings.

 (4) A report mentioned in paragraph (3) (b) must be accompanied by a copy of:

 (a) the transcript or other record of any oral evidence taken during the inquiry; and

 (b) any document accepted as evidence during the inquiry.

 (5) However, the Inspector-General may leave out of a report, the material accompanying the report, or both, information that the Inspector-General considers is not appropriate for the person to whom the report is given because of 1 or more of the following reasons:

 (a) considerations of privacy;

 (b) the person’s responsibilities;

 (c) the person’s interest in the matter;

 (d) the relevance of the information to other information considered not appropriate for the person because of paragraphs (a), (b) and (c).

 (6) If the Chief of the Defence Force has directed the Inspector-General to give him or her a report in relation to a matter that was the subject of an inquiry:

 (a) the Inspector-General must give the Chief of the Defence Force a report of:

 (i) the findings in relation to the inquiry; and

 (ii) any recommendations mentioned in paragraph (3) (b); and

 (iii) any further recommendations; and

 (b) subregulation (5) does not apply in relation to the report.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.