Australian Federal Police (Discipline) Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 30 June 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
D. KERR
Minister for Justice
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1.1 These Regulations commence on 1 July 1995.
2.1 The Australian Federal Police (Discipline) Regulations are amended as set out in these Regulations.
3.1 Subregulation 2 (1):
Insert the following definitions:
“
(a) a member of the Australian Federal Police, other than the Commissioner or a Deputy Commissioner, within the meaning of subsection 6 (2) of the Act; or
(b) a staff member of the Australian Federal Police within the meaning of subsection 6 (3) of the Act; or
(c) a special member of the Australian Federal Police appointed under section 27 of the Act;
(a) a member of the Australian Federal Police, other than the Commissioner or a Deputy Commissioner, within the meaning of subsection 6 (2) of the Act; or
(b) a special member of the Australian Federal Police appointed under section 27 of the Act;”.
3.2 Subregulation 2 (1) (definition of “member”):
Omit the definition.
3.3 Paragraph 2 (3) (h):
Omit the paragraph.
4.1 Paragraph 3 (b):
Omit the paragraph, substitute:
“(b) comply at all times with the provisions of any law that apply to the appointee; and
(c) comply at all times with the provisions, so far as applicable, specified in column 3 of an item in Part 1 of Schedule 1, of a General Order specified in column 2 of the item; and
(d) comply at all times with the provisions, so far as applicable, specified in column 3 of an item in Part 2 of Schedule 1, of a General Instruction specified in column 2 of the item.”.
4.2 Add at the end:
In this regulation, a reference to a General Instruction or a General Order is a reference to a General Instruction or a General Order, as the case may be:
(a) issued under section 14 of the Act; and
(b) in force on 1 July 1995.”.
5.1 Add at the end:
An AFP appointee must have regard to any official guidelines that are applicable to the performance of his or her duties.”.
6.1 Omit “A member or staff member shall:”, substitute “An AFP appointee must:”.
7.1 Paragraph 10 (e):
Omit the paragraph, substitute:
“(e) give, in his or her capacity as an AFP appointee:
(i) a testimonial of character; or
(ii) except in compliance with an order or direction of a court, Judge or magistrate, character evidence in a criminal proceeding;
without the written permission of the AFP appointee under whose control he or she performs his or her duties.”.
8.1 Subregulation 11 (1):
Omit “A member or staff member shall”, substitute “An AFP appointee must”.
9.1 Subregulation 13 (1):
Omit the subregulation.
9.2 Subregulation 13 (2):
Omit “Without limiting the generality of subregulation (1), where:’, substitute “Where:”.
9.3 Add at the end:
An AFP appointee must not, except in the performance of his or her duties:
(a) use or communicate to another person any information that comes to the appointee’s knowledge, or into his or her possession, by reason of being an AFP appointee; or
(b) obtain access to information by reason of being an AFP appointee.
For the purposes of paragraph (3) (b), an AFP appointee is taken to have obtained access to information even if:
(a) the information is not in the possession, or under the control, of the Australian Federal Police; or
(b) whether or not paragraph (a) applies—the information consists of a computer program or part of a computer program, or is otherwise stored in, or entered or copied into, a computer.”.
10.1 Omit “A member or staff member”, substitute “An AFP appointee”.
10.2 Omit “the member or staff member,”, substitute “the AFP appointee,”.
11.1 Omit “A member or staff member”, substitute “An AFP appointee”.
12.1 Subregulation 19 (1D):
After “caution”, insert “or admonition”.
13.1 Subregulations 19AA (1) and (5):
Omit “caution,”, substitute “caution or admonition,”.
13.2 Subregulation 19AA (1):
After “caution” (second occurring), insert “or admonition”.
13.3 Subregulations 19AA (2) and (3) and paragraphs (4) (c) and (f):
After “caution”, insert “or admonition”.
13.4 Paragraph 19AA (4) (e):
Omit “caution;”, substitute “caution or admonition;”.
13.5 Paragraph 19AA (4) (g):
Omit the paragraph, substitute:
“(g) if the notice contains an offer of a caution—must set out the provisions of section 66A of the Complaints Act; and
(h) if the notice contains an offer of an admonition—must set out the provisions of section 66B of the Complaints Act.”.
14.1 Subregulation 19A (1A):
After “66A”, insert “or 66B”.
15.1 Paragraph 19B (1) (a):
Omit “cautioned”, substitute “offered a caution or admonition”.
15.2 Paragraph 19B (1) (b):
Omit “cautioning”, substitute “offering a caution or admonition to”.
15.3 Subregulation 19B (1):
After “member a caution”, insert “or admonition”.
15.4 Subregulations 19B (2) and (3) and paragraphs (4) (c) and (f):
After “caution”, insert “or admonition”.
15.5 Paragraph 19B (4) (e):
Omit “caution;”, substitute “caution or admonition;”.
15.6 Paragraph 19B (4) (g):
Omit the paragraph, substitute:
“(g) if the notice contains an offer of a caution—must set out the provisions of section 66A of the Complaints Act; and
(h) if the notice contains an offer of an admonition—must set out the provisions of section 66B of the Complaints Act.”.
15.7 Subregulation 19B (5):
Omit “caution,”, substitute “caution or admonition,”.
16.1 Paragraphs 22 (1) (d) and (e):
Omit the paragraphs, substitute:
“or; (d) either:
(i) reduce the appointee to a lower rank or level; or
(ii) dismiss the appointee from the Australian Federal Police.”.
16.2 Subregulation 22 (1B):
Omit the subregulation.
16.3 Subregulation 22 (3):
Omit all the words before paragraph 22 (3) (a), substitute:
“The Commissioner must not impose on an AFP appointee a penalty by way of reducing the appointee to a lower rank or level, or dismissing the appointee from the Australian Federal Police, unless the Commissioner:”.
17.1 Subregulation 46 (1):
Omit the subregulation, substitute:
Subject to this regulation, an AFP appointee who holds a particular rank, or is at a particular level, is senior to an AFP appointee of the same rank or level whose appointment or promotion to that rank or level was made after the appointment or promotion of the first-mentioned appointee to that rank or level.
An AFP appointee who holds a particular rank, or is at a particular level, is senior to an AFP appointee who holds a lower rank or is at a lower level.”.
17.2 Subregulation 46 (2):
After “rank”, insert “or level”.
17.3 Paragraph 46 (3) (a):
After “ranks”, insert “or levels”.
17.4 Paragraph 46 (3) (b):
Omit “rank.”, substitute “rank or level.”.
17.5 Subregulations 46 (3A), (3B) and (3C):
Omit the subregulations.
18.1 Omit the Schedule, substitute:
PROVISIONS OF GENERAL ORDERS AND GENERAL INSTRUCTIONS THAT AFP APPOINTEES MUST COMPLY WITH
PART 1—GENERAL ORDERS
Column 1 Item | Column 2 General Order | Column 3 Specified provisions |
1 | 1 | all |
2 | 5 | all |
3 | 6 | all |
PART 2—GENERAL INSTRUCTIONS
Column 1 Item | Column 2 General Instruction | Column 3 Specified provisions |
1 | 1 | all |
19.1 The Australian Federal Police (Discipline) Regulations are further amended in accordance with the following table by omitting from the provision mentioned in column 1 of an item the word or passage mentioned in column 2 of the item and substituting the word or passage mentioned in column 3 of the item:
Column 1 Provision amended | Column 2 Omit | Column 3 Substitute |
Paragraphs 2 (2) (c) and (d) | a member or staff member | an AFP appointee |
Paragraphs 2 (2) (c) and (d) | a member or staff member, | an AFP appointee, |
Paragraphs 2 (2) (c) and (d) | that member | that appointee |
Subregulation 2 (4) | a member or staff member, | an AFP appointee, |
Subregulation 2 (4) | member or staff member (twice occurring) | appointee |
Part 2, Division 1 (heading) | ||
Regulation 3 | A member or staff member | An AFP appointee |
Subregulation 5 (1) | A member or staff member shall | An AFP appointee must |
Subregulation 5 (1) | the member or staff member | the AFP appointee |
Subregulation 5 (2) | a member or staff member | an AFP appointee |
Subregulation 5 (2) | the member or staff member | the appointee |
Paragraph 5 (3) (a) | a member or staff member (twice occurring) | an AFP appointee |
Paragraph 5 (3) (a) | a member or staff member; | an AFP appointee; |
Paragraphs 5 (3) (b) and (c) | member or staff member | appointee |
Subregulation 5 (3) | member or staff member | appointee |
Regulation 6 | A member or staff member shall | An AFP appointee must |
Regulation 7 | A member or staff member shall | An AFP appointee must |
Regulation 9 | member | Federal police officer |
Regulation 10 | A member or staff member shall | An AFP appointee must |
Paragraph 10 (a) | a member or staff member | an AFP appointee |
Paragraphs 10 (c) and (d) | member or staff member (wherever occurring) | appointee |
Paragraph 11 (1) (b) | member or staff member, | appointee, |
Subregulation 11 (1A) | member | Federal police officer |
Subregulation 11 (2) | a member or staff member (twice occurring) | an AFP appointee |
Subregulation 11 (2) | another member or staff member, | another AFP appointee, |
Subregulation 11 (2) | first-mentioned member or staff member, | first-mentioned appointee, |
Subregulation 11 (2) | first-mentioned member or staff member shall | first-mentioned appointee must |
Subregulation 11 (2) | other member or staff member | other appointee |
Subregulation 11 (3) | a member or staff member | an AFP appointee |
Regulation 12 | A member or staff member | An AFP appointee |
Subregulation 13 (2) | a member or staff member (twice occurring) | an AFP appointee |
Subregulation 13 (2) | that member or staff member | that appointee |
Subregulation 13 (2) | other member or staff member | other AFP appointee |
Regulation 14 | A member or staff member | An AFP appointee |
Subregulation 16 (1) | a member or staff member shall | an AFP appointee must |
Paragraph 16 (1) (d) | a member or staff member. | an AFP appointee. |
Subregulation 16 (2) | a member or staff member from | an AFP appointee from |
Subregulation 16 (2) | a member or staff member shall | an AFP appointee must |
Subregulation 16 (3) | A member or staff member | An AFP appointee |
Subregulation 16 (4) | section. | regulation. |
Subregulation 18 (1) | A member or staff member | An AFP appointee |
Subregulation 18 (1) | the member or staff member: | the appointee: |
Paragraph 18 (1) (e) | a member or staff member | an AFP appointee |
Paragraph 18 (1) (h) | member or staff member. | appointee. |
Subregulation 18 (2) | A member or staff member | An AFP appointee |
Subregulation 19 (1) | a member or staff member | an AFP appointee |
Subregulation 19 (1) | against the member or staff member | against the appointee |
Subregulation 19 (1) | on the member or staff member. | on the appointee. |
Subregulation 19 (1A) | a member or staff member | an AFP appointee |
Subregulation 19 (1A) | the member or staff member | the appointee |
Subregulation 19 (1B) | a member or staff member | an AFP appointee |
Subregulation 19 (1C) | member or staff member. | appointee. |
Subregulation 19 (1D) | a member or staff member | an AFP appointee |
Subregulation 19 (1D) | the member | the appointee |
Subregulation 19 (2) | a member or staff member | an AFP appointee |
Subregulation 19 (2) | the member or staff member (wherever occurring) | the appointee |
Subregulation 19 (2A) | a member | an AFP appointee |
Subregulation 19 (2A) | the member (wherever occurring) | the appointee |
Subregulation 19 (3) | a member | an AFP appointee |
Subregulation 19 (3) | the member | the appointee |
Paragraph 19 (4) (b) | a member | the appointee on whom the notice has been served |
Subregulation 19 (4A) | a member or staff member, | an AFP appointee, |
Subregulation 19 (4A) | the member or staff member, | the appointee, |
Paragraph 19 (5) (b) | member, | appointee, |
Paragraph 19 (5) (b) | member of | appointee of |
Subregulation 19AA (1) | a member | an AFP appointee |
Subregulation 19AA (1) | the member | the appointee |
Subregulation 19AA (2) | member | appointee |
Subregulation 19AA (4) | a member | an appointee |
Paragraph 19AA (4) (e) | member (twice occurring) | appointee |
Paragraph 19AA (4) (f) | member | appointee |
Paragraph 19AA (4) (f) | member; | appointee; |
Subregulation 19AA (5) | a member | an appointee |
Subregulation 19AA (5) | the member | the appointee |
Paragraphs 19A (1) (a) and (b) | a member | an AFP appointee |
Subregulation 19A (1) | the member | the appointee |
Subregulation 19A (1) | the member. | the appointee. |
Subregulation 19A (1A) | a member, | an AFP appointee, |
Subregulation 19A (1A) | the member. | the appointee. |
Subregulation 19A (2) | a member | an AFP appointee |
Subregulation 19A (2) | the member (wherever occurring) | the appointee |
Subregulation 19A (3) | a member | an AFP appointee |
Subregulation 19A (3) | the member | the appointee |
Paragraphs 19B (1) (a) and (b) | a member | an AFP appointee |
Subregulation 19B (1) | the member | the appointee |
Subregulation 19B (2) | member | appointee |
Subregulation 19B (4) | a member | an AFP appointee |
Paragraph 19B (4) (e) | member (twice occurring) | appointee |
Paragraph 19B (4) (f) | member | appointee |
Paragraph 19B (4) (f) | member; | appointee; |
Subregulation 19B (5) | a member | an AFP appointee |
Subregulation 19B (5) | member | appointee |
Paragraph 20 (1) (a) | a member or staff member | an AFP appointee |
Subregulation 20 (1) | the member or staff member (wherever occurring) | the appointee |
Paragraph 20 (1) (d) | member (twice occurring) | appointee |
Paragraph 20 (2) (a) | a member or staff member | an AFP appointee |
Subregulation 20 (2) | the member or staff member (twice occurring) | the appointee |
Paragraph 20 (2) (d) | member (twice occurring) | appointee |
Subregulation 20 (4) | a member, | an AFP appointee, |
Subregulation 20 (4) | the member | the appointee |
Subregulation 20 (5) | a member or staff member | an AFP appointee |
Subregulation 20 (5) | the member or staff member, | the appointee, |
Paragraph 20 (5) (a) | member or staff member (twice occurring) | appointee |
Paragraph 20 (5) (b) | a member | the appointee |
Paragraph 20 (5) (b) | the member | the appointee |
Paragraph 20 (5) (c) | a member or staff member | the appointee |
Paragraph 20 (5) (d) | member or staff member | appointee |
Subregulation 20 (6) | a member or staff member | an AFP appointee |
Paragraphs 20 (6) (a) and (b) | the member or staff member | the appointee |
Subregulation 20 (7) | A member or staff member | An AFP appointee |
Subregulation 21 (1) | a member or staff member | an AFP appointee |
Subparagraph 21 (1) (a) (i) | member or staff member | appointee |
Subparagraph 21 (1) (a) (ii) | if the member or staff member | if the appointee |
Subparagraph 21 (1) (a) (ii) | by the member or staff member; | by the appointee; |
Paragraph 21 (1) (a) | whether the member or staff member | whether the appointee |
Paragraph 21 (1) (c) | member or staff member. | appointee. |
Subregulation 21 (2) | a member or staff member | an AFP appointee |
Subregulation 21 (2) | the member or staff member | the appointee |
Subregulation 22 (1) | a member or staff member | an AFP appointee |
Paragraphs 22 (1) (a), (ab) and (ac) | member or staff member; | appointee; |
Paragraph 22 (1) (b) | member or staff member (wherever occurring) | appointee |
Paragraph 22 (1) (c) | of the member or staff member | of the appointee |
Paragraph 22 (1) (c) | members | AFP appointees |
Paragraph 22 (1) (c) | member or staff member; | appointee; |
Paragraph 22 (1C) (a) | a staff member | an AFP appointee |
Paragraph 22 (1C) (b) | staff members | AFP appointees |
Subregulation 22 (1C) | staff member. | appointee. |
Subregulation 22 (2) | a member or staff member | an AFP appointee |
Subregulation 22 (2) | the member (first occurring) | the appointee |
Subregulation 22 (2) | the member or staff member | the appointee |
Paragraph 22 (3) (a) | on the member or staff member (first occurring) | on the appointee |
Paragraph 22 (3) (a) | member or staff member: | appointee: |
Subparagraph 22 (3) (a) (i) | member or staff member; | appointee; |
Subparagraph 22 (3) (a) (ii) | that the member or staff member (twice occurring) | that the appointee |
Subparagraph 22 (3) (a) (ii) | on the member or staff member, | on the appointee, |
Subparagraph 22 (3) (a) (ii) | upon the member or staff member; | on the appointee; |
Paragraph 22 (3) (b) | member or staff member, | appointee, |
Subregulation 22 (4) | a member or staff member | an AFP appointee |
Subregulation 22 (5) | member or staff member | appointee |
Subregulation 25 (1) | A member or staff member | An AFP appointee |
Paragraph 25 (1) (b) | member or staff member | appointee |
Paragraph 25 (2) (a) | a member or staff member | an AFP appointee |
Subregulation 25 (2) | the member or staff member | the appointee |
Subregulation 25 (3) | a member or staff member | an AFP appointee |
Subregulation 25 (4) | a member or staff member | an AFP appointee |
Subregulation 25 (4) | the member or staff member. | the appointee. |
Subregulation 25 (5) | a member or staff member | an AFP appointee |
Subregulation 25 (5) | the member or staff member | the appointee |
Subregulation 26 (1) | a member or staff member | an AFP appointee |
Subregulation 26 (1) | the member or staff member. | the appointee. |
Subregulation 27 (3) | a member or staff member, | an AFP appointee, |
Subregulation 29 (2) | a member or staff member | an AFP appointee |
Subregulation 46 (2) | members | AFP appointees |
Paragraphs 46 (3) (a) and (b) | members | appointees |
Subregulation 46 (4) | a member or staff member (twice occurring) | an AFP appointee |
Paragraph 47 (a) | a member or staff member | an AFP appointee |
Regulation 47 | the member or staff member | the appointee |
Subregulation 49 (1) | a member or a staff member | an AFP appointee |
1. Notified in the
Commonwealth of Australia Gazette on 30 June 1995.2. Statutory Rules 1979 No. 211 as amended by 1980 Nos. 141; 1982 Nos. 90 and 281; 1984 No. 205; 1985 No. 292; 1988 Nos. 82 and 364; 1989 Nos. 332, 333 and 363; 1990 Nos. 45 and 408; 1992 Nos. 31 and 284; 1993 No. 306.
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