Commonwealth Numbered Regulations

1985 No. 114 DEFENCE (INQUIRY) REGULATIONS - REG 35

35. (1) Where the President of a Board of Inquiry is of the opinion that any
evidence given before the Board may affect an officer who is higher in rank
than the President, the President shall-

   (a)  inform the appointing authority, in writing, of that opinion; and

   (b)  furnish the appointing authority with a copy of the relevant evidence.

(2) Where information is furnished under sub-regulation (1), the inquiry by
the Board is suspended until-

   (a)  the appointing authority makes the appointment referred to in
        paragraph (3) (a);

   (b)  the appointing authority gives the direction referred to in paragraph
        (3) (b); or

   (c)  the Court is dissolved or deemed to be dissolved under sub-regulation
        67 (3).

(3) Where the appointing authority receives information under sub-regulation
(1), the appointing authority may, by instrument in writing-

   (a)  terminate the appointment of the President as President of the Board
        of Inquiry and appoint an officer (being an officer higher in rank
        than the officer who may be affected) to be a member, and the
        President, of the Board of Inquiry; or

   (b)  direct that the Board of Inquiry continue with its inquiry.