Commonwealth Numbered Regulations

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DEFENCE (INQUIRY) REGULATIONS 2018 (F2018L00316) - REG 21

Hearings of Commissions

             (1)  A hearing of a Commission must be held in private.

             (2)  Despite subsection (1), the appointing authority for a Commission may, by written notice given to the President of the Commission, direct:

                     (a)  that the Commission hold one or more of its hearings in public; or

                     (b)  that a person, or persons included in a class of persons, specified in the notice may be present during all or part of a private hearing of the Commission.

             (3)  If the President of a Commission is satisfied that it is necessary to do so in the interests of:

                     (a)  the defence, security or international relations of the Commonwealth; or

                     (b)  fairness to a person who the President considers may be affected by the Commission's inquiry; or

                     (c)  the effective conduct of the Commission's inquiry;

the President may:

                     (d)  order that a person, or persons included in a class of persons, specified in the order must not be present at all or part of a public or private hearing of the Commission; or

                     (e)  order that all or part of a public hearing must be held in private and give directions as to the persons who may be present.

             (4)  The President of a Commission may make an order under subsection (3) in relation to a hearing of the Commission despite any direction given under subsection (2) in relation to the hearing.

             (5)  If the President of a Commission makes an order under subsection (3), the President may authorise a person to take such reasonable action as is required to give effect to the order.



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