Australian Federal Police (Discipline) Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 3321

Australian Federal Police (Discipline)

Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Federal Police Act 1979.

Dated 29 November 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Michael Tate

Minister of State for Justice

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Australian Federal Police (Discipline) Regulations.

Interpretation

2. Regulation 2 of the Principal Regulations is amended:

(a) by omitting from paragraph (2) (a) “and”;

(b) by adding at the end of subregulation (2) the following paragraphs:

“(c) a disciplinary offence constituted by the improper use by a member of the fact that he or she is a member, in the course of the commission by that member of a particular disciplinary offence;

 

(S.R. 320/89)—Cat. No. 14/9.11.1989

 

(d) a disciplinary offence constituted by the improper use by a member of the fact that he or she is a member, in the course of the commission by that member of a disciplinary offence referred to in paragraph 18 (1) (b), (d), (f), (g) or (h) or subregulation 18 (2).”.

(c) by adding at the end the following subregulations:

“(3) In paragraph (2) (c), ‘a particular disciplinary offence’ means a disciplinary offence referred to in paragraph 18 (1) (a) other than a disciplinary offence constituted by contravening or failing to comply with any of the following provisions of Division 1 of Part II:

(a) paragraph 3 (b);

(b) paragraph 3 (c);

(c) regulation 4;

(d) regulation 9;

(e) paragraph 10 (b);

(f) paragraph 10 (c);

(g) regulation 11;

(h) paragraph 13 (1) (b);

(i) regulation 16;

(j) regulation 17.

“(4) In paragraphs (2) (c) and (2) (d), ‘improper use’, in relation to the fact that a person is a member, means the use of that fact by the member for the purpose of gaining an advantage for that member personally or for another person.”.

Disciplinary offences

3. Regulation 18 of the Principal Regulations is amended by omitting paragraph (1) (h) and substituting the following paragraph:

“(h) is charged before a court with an offence against a law of the Commonwealth, a State, a Territory or another country and the charge is proved to the satisfaction of the court, whether or not the court proceeds to convict the member.”.

Penalties

4. Regulation 22 of the Principal Regulations is amended:

(a) by omitting from subparagraph (1) (e) (i) “in” and substituting “to a lower”;

(b) by omitting subregulation (1a);

(c) by omitting paragraphs (1b) (a) and (b) and substituting the following paragraphs:

“(a) a member is reduced to a lower rank; and

(b) salary is payable to members holding that lower rank in accordance with a scale of rates;”;

(d) by inserting in subregulation (2) “, under paragraph (1) (c),” after “a member or”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 November 1989.

2. Statutory Rules 1979 No. 211 as amended by 1980 No. 141; 1982 Nos. 90 and 281; 1984 No. 205; 1985 No. 292; 1988 Nos. 82 and 364.

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