163Inquiries into charges against unattached officers

163 Inquiries into charges against unattached officers (1) For the purpose of subsections 63K (2) and 63L (2) of the Act, if an unattached officer is charged under regulation 162, an inquiry into the charge must, without undue delay, be held by: (a) the Secretary to the Department in which the officer is, under section 33C of the Act, included; or (b) an officer appointed for the purpose by that Secretary. (2) An inquiry into a charge shall not be held under subregulation (1): (a) by an officer who has furnished a report in respect of any of the matters alleged to constitute the misconduct to which the charge relates; or (b) by the officer who laid the charge. (3) In an inquiry for the purposes of subregulation (1), a formal hearing is not required, but the charged unattached officer shall be notified that an inquiry is to be held into the alleged misconduct and given an opportunity to state, in writing, within 7 days or such longer period as the person holding the inquiry may allow after the notice is furnished to him, whether he admits or denies the truth of the matters alleged to constitute the misconduct and to furnish a statement in relation to those matters, including a statement submitting that the matters alleged to constitute the misconduct are, even if true, incapable in law of constituting the misconduct for the purposes of the Act or these regulations. (4) Where, in relation to an inquiry under subregulation (1), a charged unattached officer has furnished a statement in relation to the matters alleged to constitute misconduct, the officer shall, if he so requests, be given the opportunity of making a further oral statement to the person holding the inquiry and, if he does so, a written record of his further statement shall be made by that person. (5) An unattached officer who has been charged with misconduct under regulation 162 shall not, by reason only of having failed to deny the truth of a matter included among matters alleged to constitute the misconduct, be taken to have admitted the truth of that matter.