Federal Register of Legislation - Australian Government

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Defence (Inquiry) Amendment Regulations 2006 (No. 2)

Authoritative Version
  • - F2006L01947
  • No longer in force
SLI 2006 No. 142 Regulations as made
These Regulations give effect to the Government's undertaking to provide an annual report on the operations of the Defence (Inquiry) Regulations 1985.
Administered by: Defence
Registered 27 Jun 2006
Tabling HistoryDate
Tabled HR08-Aug-2006
Tabled Senate08-Aug-2006
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Defence (Inquiry) Amendment Regulations 2006 (No. 2)1

Select Legislative Instrument 2006 No. 142

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 June 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

BRUCE BILLSON


1              Name of Regulations

                These Regulations are the Defence (Inquiry) Amendment Regulations 2006 (No. 2).

2              Commencement

                These Regulations commence on 30 June 2006.

3              Amendment of Defence (Inquiry) Regulations 1985

                Schedule 1 amends the Defence (Inquiry) Regulations 1985.


Schedule 1        Amendments

(regulation 3)

  

[1]           Subregulation 14 (5), at the foot

insert

Note   At 30 June 2006, subsection 124 (2C) of the Defence Act 1903 provided: ‘A statement or disclosure made by a witness in the course of giving evidence before a court of inquiry, a board of inquiry, an inquiry officer or an inquiry assistant is not admissible in evidence against that witness in:

(a)   any civil or criminal proceedings in any federal court or court of a State or Territory; or

(b)   proceedings before a service tribunal;

otherwise than in proceedings by way of a prosecution for giving false testimony at the hearing before the court of inquiry, the board of inquiry, the inquiry officer or the inquiry assistant.’

[2]           Subregulation 32 (5), at the foot

insert

Note   At 30 June 2006, subsection 124 (2C) of the Defence Act 1903 provided: ‘A statement or disclosure made by a witness in the course of giving evidence before a court of inquiry, a board of inquiry, an inquiry officer or an inquiry assistant is not admissible in evidence against that witness in:

(a)   any civil or criminal proceedings in any federal court or court of a State or Territory; or

(b)   proceedings before a service tribunal;

otherwise than in proceedings by way of a prosecution for giving false testimony at the hearing before the court of inquiry, the board of inquiry, the inquiry officer or the inquiry assistant.’

[3]           Part 6, heading

substitute

Part 6                 Inquiry Officers and inquiry assistants

[4]           Regulation 69, heading

substitute

69            Inquiry Officers and inquiry assistants

[5]           Subregulation 74 (3A), at the foot

insert

Note   At 30 June 2006, subsection 124 (2C) of the Defence Act 1903 provided: ‘A statement or disclosure made by a witness in the course of giving evidence before a court of inquiry, a board of inquiry, an inquiry officer or an inquiry assistant is not admissible in evidence against that witness in:

(a)   any civil or criminal proceedings in any federal court or court of a State or Territory; or

(b)   proceedings before a service tribunal;

otherwise than in proceedings by way of a prosecution for giving false testimony at the hearing before the court of inquiry, the board of inquiry, the inquiry officer or the inquiry assistant.’

[6]           Subregulation 96 (3), at the foot

insert

Note   At 30 June 2006, subsection 124 (2C) of the Defence Act 1903 provided: ‘A statement or disclosure made by a witness in the course of giving evidence before a court of inquiry, a board of inquiry, an inquiry officer or an inquiry assistant is not admissible in evidence against that witness in:

(a)   any civil or criminal proceedings in any federal court or court of a State or Territory; or

(b)   proceedings before a service tribunal;

otherwise than in proceedings by way of a prosecution for giving false testimony at the hearing before the court of inquiry, the board of inquiry, the inquiry officer or the inquiry assistant.’

[7]           After Part 7

insert

Part 8                 Annual report

108         Annual report on operation of these Regulations

         (1)   For the financial year ending 30 June 2007, and at the end of each succeeding financial year, the Chief of the Defence Force is to prepare a report on the operation of these Regulations during the financial year.

         (2)   The report is to be included in the annual report of the Department.

Note   Section 63 of the Public Service Act 1999 requires that a report on a Department’s activities during the year be prepared for presentation to Parliament.


Note

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.