Australian Federal Police Amendment Act 1996 (Cth)

Australian Federal Police Amendment

Act 1996

No. 27, 1996

An Act to amend the Australian Federal Police Act 1979

Contents

1 Short title...................................................................................................................................................... 741

2 Schedule(s).................................................................................................................................................. 741

Schedule 1—Amendment of the Australian Federal Police Act 1979 742

Australian Federal Police Amendment

Act 1996

No. 27, 1996

An Act to amend the Australian Federal Police Act1979

[Assented to 8 July 1996]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Australian Federal Police Amendment Act 1996.

2 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Australian Federal Police Act 1979

1 Subsection 18(2)

After “powers”, insert “(except a power to make an appointment or promotion under subsection 25(1A))”.

2 Subsection 19(1)

After “powers”, insert “(except a power to make an appointment or promotion under subsection 25(1A))”.

3 Subsection 25(1)

Omit or, if the Commissioner is authorized by the Governor-General in writing to make appointments under this section, the Commissioner may, by Commission”.

4 After subsection 25(1)

Insert:

(1A) If the Governor-General, in writing, authorises the Commissioner or a Deputy Commissioner:

(a) to make appointments or promotions referred to in subsection (1); or

(b) to make appointments or promotions referred to in subsection (1) to positions within a specified rank;

the Commissioner or Deputy Commissioner may, by Commission, make such appointments or promotions accordingly.

5 Subsection 26E(3)

Repeal the subsection.

6 After section 26E

Insert:

26F Declaration of serious misconduct

(1) If a person is retired under paragraph 26E(2)(b) because of his or her conduct or behaviour and the Commissioner believes, on reasonable grounds, that the conduct or behaviour, or any part of it:

(a) amounts to serious misconduct by the person; and

(b) is having, or is likely to have, a damaging effect on:

(i) the professional self-respect or morale of some or all of the members or staff members; or

(ii) the reputation of the Australian Federal Police with the public, or with any section of the public, or with an Australian or overseas government or law enforcement agency;

the Commissioner may make a declaration to that effect.

(2) A declaration must be made in writing as soon as possible, but not later than 24 hours, after the Commissioner makes the determination under paragraph 26E(2)(b).

(3) The Commissioner must cause a copy of a declaration to be given to the person to whom it relates.

(4) If the Commissioner makes a declaration in relation to a person who is retired under paragraph 26E(2)(b), the person is excluded, in respect of that retirement, from the operation of Subdivisions B, C, D and E of Division 3 of Part VIA of the Industrial Relations Act 1988.

(5) In this section:

serious misconduct means:

(a) corruption, a serious abuse of power, or a serious dereliction of duty; or

(b) any other seriously reprehensible act or behaviour by a person, whether acting, or purporting to act, in the course of his or her duties as a member or staff member or not.

7 Subsection 34(5)

Omit “member” (wherever occurring), substitute “person”.

8 Subsection 34(5)

After “association of members”, insert “or staff members”.

—————————————————————————————————————————

[Minister’s second reading speech made in—

Senate on 29 May 1996

House of Representatives on 26 June 1996