Defence (Inquiry) Regulations 1985
78Application of provisions to Inquiry Officers and inquiry assistants
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78 Application of provisions to Inquiry Officers and inquiry assistants
(1) If a person is appointed as an Inquiry Officer, regulations 49, 50, 53, 56, 57, subregulations 60 (5) and (6), regulations 61 and 63 and subregulations 64 (1) and (3) apply to and in relation to the Inquiry Officer as if the Inquiry Officer constituted a Court of Inquiry. (2) However: (a) a reference to the appointing authority in a provision mentioned in subregulation (1) is to be read as a reference to the appointing officer; and (b) a power or function that may be exercised or performed by the President of a Court of Inquiry under a provision mentioned in subregulation (1) may, in relation to an inquiry under this Part, be performed by the Inquiry Officer. (3) If a person is appointed as an inquiry assistant, subregulation 49 (2), regulations 50, 53, 56, subregulation 57 (1), subregulations 60 (5) and (6), regulations 61 and 63, subregulations 64 (1) and (3) apply to and in relation to the inquiry assistant as if the inquiry assistant constituted a Court of Inquiry. (4) However: (a) a reference to the appointing authority in a provision mentioned in subregulation (3) is to be read as a reference to the appointing officer; and (b) a power or function that may be exercised or performed by the President of a Court of Inquiry under a provision mentioned in subregulation (3) may, in relation to an inquiry under this Part, be performed by the inquiry assistant.