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Defence (Inquiry) Regulations 2018
In force
Administered by
Department of Defence
This item is authorised by the following title:
Defence Act 1903
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F2018L00316
19 March 2018
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Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Purpose of this instrument
6 Purpose of inquiries
7 Definitions
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Part 2—Commissions of Inquiry
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Division 1—Appointment of Commissions etc.
8 Appointment of Commissions of Inquiry etc.
9 Appointment of COI assistants
10 Appointment of legal practitioners assisting Commissions
11 Resignation of COI officials
12 Termination of appointment of COI officials
13 Replacement of COI officials
14 Termination of Commissions
15 Completion of inquiry
Division 2—Conduct of Commissions
16 Procedure generally
17 Times and places for conduct of inquiries
18 Notice to produce documents or things relevant to inquiry
19 Notice to attend as a witness to give evidence
20 Evidence to be given on oath or affirmation
21 Hearings of Commissions
22 Removal of certain persons from hearings
23 Appearance at hearings of Commissions
Division 3—Report of Commissions
24 Report of Commissions
Division 4—Use, disclosure and copying of information and documents
25 Directions regarding disclosure of evidence
26 Use, disclosure and copying of certain information and documents as an employee of the Commonwealth or member of the Defence Force
27 Minister may authorise use, disclosure and copying of certain information and documents
28 Minister may use, disclose and copy certain information and documents
Division 5—Offences
29 Failing or refusing to comply with notice to produce documents or things relevant to inquiry
30 Failing or refusing to comply with notice to attend as a witness to give evidence
31 Refusing to be sworn or to make affirmation
32 Failing or refusing to answer question
33 Giving false evidence
34 Contempt etc.
35 Taking reprisals
36 Disclosure of information or documents
37 Disclosure of COI records or COI reports of Commissions etc.
Division 6—Other matters
38 Self incrimination
39 Protection of COI officials from civil or criminal proceedings etc.
40 Protection of witnesses etc. from civil proceedings
41 Protection of certain publications
42 COI records and COI reports etc. are exempt documents
43 Delegation
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Part 3—Inquiry officers
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Division 1—Appointment of inquiry officers etc.
44 Appointment of inquiry officers etc.
45 Appointment of IO assistants
46 Resignation of inquiry officials
47 Termination of appointment of inquiry officials
48 Replacement of inquiry officials
49 Suspension of appointment of inquiry officials
50 Completion of inquiry
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Division 2—Conduct of inquiries
51 Procedure generally
52 Times and places for conduct of inquiries
53 Ordering members of the Defence Force to give evidence or produce documents or things
54 Manner of taking evidence
55 Inquiries must not be conducted in public
56 Removal of certain persons from proceedings
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Division 3—Report of inquiry officers
57 Report of inquiry officer
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Division 4—Use, disclosure and copying of information and documents
58 Use, disclosure and copying of certain information and documents as an employee of the Commonwealth or member of the Defence Force
59 Minister may authorise use, disclosure and copying of certain information and documents
60 Minister may use, disclose and copy certain information and documents
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Division 5—Offences
61 Failing or refusing to comply with an order to attend as a witness before an inquiry officer etc.
62 Failing or refusing to answer question
63 Giving false evidence
64 Contempt etc.
65 Taking reprisals
66 Disclosure of IO records or IO reports of inquiry officers etc.
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Division 6—Other matters
67 Self incrimination
68 Protection of inquiry officials from civil or criminal proceedings etc.
69 Protection of witnesses etc. from civil proceedings
70 Protection of publication of IO report
71 IO records and IO reports etc. are exempt documents
72 Delegation
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Part 4—Annual report
73 Annual report on operation of this instrument
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Part 5—Transitional, application and saving provisions
74 Definitions
75 Continuation of incomplete old inquiries
76 Continued application of certain protection and immunity provisions in old regulations
77 Saving of directions relating to the disclosure of certain evidence etc.
78 Continued application of prohibition against disclosure of records or reports of Courts of Inquiry
79 Continued application of prohibition against disclosure of records or reports of Inquiry Officers
80 Saving of instruments made under regulation 63 of the old regulations
81 Continued application of provisions in the old regulations relating to reopening etc. of old inquiries by Courts of Inquiry
82 Continued application of provisions in the old regulations relating to reopening etc. of old inquiries by Inquiry Officers
83 Last annual report under old regulations
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84 Continued application of provisions in the old regulations relating to IGADF inquiries
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Schedule 1—Repeals
Defence (Inquiry) Regulations 1985