Defence (Inquiry) Amendment (2016 Measures No. 1) Regulation 2016
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Marise Payne
Minister for Defence
Contents
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Part 1—Main amendments
Defence (Inquiry) Regulations 1985
Part 2—Other amendments
Defence (Inquiry) Regulations 1985
Part 3—Transitional provisions
Defence (Inquiry) Regulations 1985
This is the Defence (Inquiry) Amendment (2016 Measures No. 1) Regulation 2016.
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | 1 October 2016. | 1 October 2016 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the Defence Act 1903.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Defence (Inquiry) Regulations 1985
1 Part 7
Repeal the Part.
2 Regulation 109
Repeal the regulation, substitute:
109 Appointment of Commission of Inquiry
(1) The appointing authority may, by instrument in writing, appoint a Commission of Inquiry to inquire into any matter concerning the Defence Force that is specified in the instrument.
(2) The appointing authority may, at any time, by instrument in writing:
(a) add a matter to the matters into which the Commission of Inquiry may inquire; or
(b) vary those matters.
Defence (Inquiry) Regulations 1985
3 Subregulation 3(1) (paragraph (d) of the definition of Court of Inquiry)
Omit “Part VIII”, substitute “Part 8”.
4 Subregulation 70A(1)
Repeal the subregulation, substitute:
(1) An Inquiry Officer or inquiry assistant may be appointed by one of the following officers in relation to an inquiry into a matter concerning the Defence Force:
(a) the Chief of the Defence Force or a service chief;
(b) an officer, or a class of officers, authorised in writing by the Chief of the Defence Force or a service chief for the purposes of this paragraph.
5 After subregulation 70A(2)
Insert:
(2A) For the purpose of paragraph (1)(b), the Chief of the Defence Force or a service chief may authorise an officer, or a class of officers, to appoint an Inquiry Officer or inquiry assistant under subregulation (1).
(2B) An authorisation under subregulation (2A) may be subject to conditions specified in the authorisation.
Part 3—Transitional provisions
Defence (Inquiry) Regulations 1985
6 After Part 9
Insert:
Part 10—Transitional provisions
(1) Despite the repeal of Part 7 of these Regulations by the Defence (Inquiry) Amendment (2016 Measures No. 1) Regulation 2016, that Part, as in force immediately before 1 October 2016, continues to apply in relation to an inquiry commenced, but not completed, before 1 October 2016.
Note: The Defence (Inquiry) Amendment (2016 Measures No. 1) Regulation 2016 commences on 1 October 2016.
(2) An appointment made under regulation 70A of these Regulations, as in force immediately before 1 October 2016, in relation to an inquiry, continues in force, on and after 1 October 2016, for the purposes of completing that inquiry.
(3) A Commission of Inquiry appointed under regulation 109 of these Regulations, as in force immediately before 1 October 2016, continues in force, on and after 1 October 2016, for the purposes of completing that Commission of Inquiry.