Commonwealth Numbered Regulations

1985 No. 114 DEFENCE (INQUIRY) REGULATIONS - REG 3

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 Investigating Officer, means the
officer who appointed the Investigating Officer under sub-regulation 69 (1);

"article" includes any substance;

"Court of Inquiry" means a General Court of Inquiry, a Board of Inquiry or a
Combined Board of Inquiry;

"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 Investigating 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 sub-regulation 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 sub-regulation 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 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.