Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this regulation:
"multi-member Court" means a General Court of Inquiry appointed by an instrument that specifies the names of 3 or more persons who are to constitute the Court.
"non-Presidential member" means a member of a General Court of Inquiry other than the President.
"President" does not include a person who constitutes a General Court of Inquiry.
2 member Court means a General Court of Inquiry appointed by an
instrument that specifies the names of 2 persons who are to constitute the
Court and includes a multi-member Court the membership of which is reduced to
2 persons by virtue of a direction referred to in paragraph (6) (a) or
subparagraph
(7) (a) (ii).
(2) A reference in this regulation to a person who constitutes a
General Court of Inquiry includes a reference to a 2 member Court which is
reconstituted by a single person by virtue of a direction referred to in
paragraph (4) (a) or subparagraph
(5) (a) (ii).
(3) Where:
(a) a person who constitutes a General Court of Inquiry dies before the Court completes its inquiry or the appointment of that person is terminated under regulation 58 before the Court completes its inquiry;
(b) a member of a General Court of Inquiry ceases to be a member of the Court while the inquiry by the Court is suspended by virtue of this regulation;
(c) a member of a 2 member Court ceases to be a member of the Court before the Court completes its inquiry and the other member of the Court is not the President or an eligible person; or
(d) a member of a multi‑member Court ceases to be a member of the Court before the Court completes its inquiry and the other members of the Court do not include the President or an eligible person;
the Court shall be deemed to have been dissolved under subregulation 67 (3).
(4) Where a member of a 2 member Court ceases to be a member of the Court before the Court completes its inquiry and the other member is the President:
(a) the Minister may, by instrument published in the Gazette , appoint a person to be a member of the Court or direct the President to constitute the Court; and
(b) the inquiry by the Court is suspended until the Minister so appoints or directs or the Court is dissolved, or deemed to be dissolved, under subregulation 67 (3).
(5) Where the President of a 2 member Court ceases to be a member of the Court before the Court completes its inquiry and the other member is an eligible person:
(a) the Minister may, by instrument published in the Gazette :
(i) appoint the other member to be the President and, in the same instrument, appoint a person to be a member of the Court; or
(ii) appoint the other member to be the President and direct that person to constitute the Court; and
(b) the inquiry by the Court is suspended until the Minister so appoints the other member to be the President or the Court is dissolved, or deemed to be dissolved, under subregulation 67 (3).
(6) Where a non‑Presidential member of a multi‑member Court ceases to be a member of the Court before the Court completes its inquiry and the other members of the Court include the President:
(a) the Minister may, by instrument published in the Gazette , appoint a person to be a member of the Court or direct the Court to continue the inquiry constituted with its remaining members; and
(b) the inquiry by the Court is suspended until the Minister so appoints or directs or the Court is dissolved, or deemed to be dissolved, under subregulation 67 (3).
(7) Where the President of a multi‑member Court ceases to be a member of the Court before the Court completes its inquiry and the other members of the Court include at least one eligible person:
(a) the Minister may, by instrument published in the Gazette :
(i) appoint a member who is an eligible person to be the President and, in the same instrument, appoint a person to be a member of the Court; or
(ii) appoint a member who is an eligible person to be the President and direct that person and the other members to constitute the Court for the purpose of continuing the inquiry; and
(b) the inquiry by the Court is suspended until the Minister so appoints a member to be the President or the Court is dissolved, or deemed to be dissolved, under subregulation 67 (3).