Commonwealth Consolidated Regulations

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DEFENCE (INQUIRY) REGULATIONS 1985 - REG 31

Manner of taking evidence

         (1)   Subject to this regulation, a Board of Inquiry shall not take evidence on oath or affirmation.

         (2)   Where the appointing authority considers that a person may be affected by an inquiry that is to be made, or that is being made, by a Board of Inquiry, the appointing authority shall direct that all evidence to be given before the Board or all evidence to be so given after the giving of the direction, as the case may be, shall be on oath or affirmation.

         (3)   Where, by virtue of a direction under subregulation (2), the evidence to be given by a witness appearing before a Board of Inquiry is to be on oath or affirmation, the President shall, subject to subregulation (4), administer, or cause to be administered, to the witness an oath or affirmation in accordance with the form in the Schedule.

         (4)   For the purposes of giving effect to a direction referred to in subregulation (3), the President may permit a person to take an oath in such form as the person declares to the President to be binding upon the conscience of that person.



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