Commonwealth Consolidated Regulations

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DEFENCE (INQUIRY) REGULATIONS 1985 - REG 46

Conduct of inquiries in private or in public

         (1)   Subject to subregulation (2), a Combined Board of Inquiry shall not conduct its inquiry in public.

         (2)   The Minister may direct:

                (a)    that a Combined Board of Inquiry conduct all or part of its inquiry in public; or

               (b)    that a person, or persons included in a class of persons, specified in the direction may be present during all or part of its inquiry.

         (3)   Where the President of a Combined Board of Inquiry that is conducting all or part of its inquiry in public is satisfied that it is necessary to do so in the interests of the defence of the Commonwealth or of fairness to a person who the President considers may be affected by the inquiry, the President may:

                (a)    direct that all or part of the inquiry shall be conducted in private and give directions as to the persons who may be present; or

               (b)    order that a person, or persons included in a class of persons, specified in the order not be present during the hearing of all or part of the inquiry.

         (4)   Where the President of a Combined Board of Inquiry makes an order referred to in paragraph (3) (b), the President may authorize a person to take such reasonable action as is required to give effect to that order.



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