Australian Federal Police (Discipline) Regulations (Amendment) (Cth)
REGULATIONS UNDER THE AUSTRALIAN FEDERAL POLICE
ACT 1979
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
Dated this sixth day of June 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. MCLEAY
Minister of State for Administrative Services
_______________
AMENDMENTS OF THE AUSTRALIAN FEDERAL POLICE
(DISCIPLINE) REGULATIONS
Regulation 22 of the Australian Federal Police (Discipline) Regulations is amended—
(a) by omitting from sub-paragraph (i) of paragraph (e) of sub-regulation (1) “to a lower rank” and substituting “in rank”; and
(b) by inserting after sub-regulation (1) the following sub-regulation:
“(1A) A member shall, for the purposes of sub-paragraph (1) (e) (i), be taken to be reduced in rank if he is reduced to—
(a) a lower grade within the same rank;
(b) a lower rank; or
(c) any grade within a lower rank.”.
Regulation 25 of the Australian Federal Police (Discipline) Regulations is amended—
(a) by omitting from paragraph (c) of sub-regulation (1) “a member” and substituting “8 members”;
(b) by omitting paragraph (d) of sub-regulation (1) and substituting the following paragraph:
“(d) in respect of each association—8 persons nominated in accordance with the rules of the association.”;
(c) by omitting paragraph (b) of sub-regulation (3) and substituting the following paragraph:
“(b) for the purpose of the exercise of its powers in relation to an appeal—by the Chairman, a member of the Board referred to in paragraph (1) (c) and a member of the Board, being a nominee of the relevant association in relation to the appellant.”; and
(d) by adding at the end thereof the following sub-regulation:
“(4) In sub-regulation (3), ‘relevant association’, in relation to the appellant in an appeal, means—
(a) where the appellant is a member of an association—that association; or
(b) where the appellant is not a member of an association—the association nominated by the appellant in the notice referred to in sub-regulation 38 (2A) in relation to the appeal.”.
Regulation 27 of the Australian Federal Police (Discipline) Regulations is amended by omitting from sub-regulation (2) “such remuneration and allowances” and substituting “such remuneration (if any) and such allowances (if any)”.
Regulation 29 of the Australian Federal Police (Discipline) Regulations is amended by omitting sub-regulation (2).
5 After Regulation 29 of the Australian Federal Police (Discipline) Regulations the following regulation is inserted:
Termination of appointment “29A. (1) Where, before the expiration of the term of office of a member of the Board nominated by the Commissioner or nominated in accordance with the rules of an association, the Commissioner or the Committee of management of the association, as the case may be, recommends to the Minister that the appointment of the member be terminated, the Minister shall, by writing under his hand, terminate the appointment of the member.
“(2) In sub-regulation (1), “committee of management”, in relation to an association, means the group or body of persons (however described) that manages the affairs of the association.”.
Regulation 30 of the Australian Federal Police (Discipline) Regulations is amended—
(a) by omitting sub-regulation (1);
(b) by omitting from sub-regulation (2) “a prescribed person to act as Chairman, Deputy Chairman or member” and substituting “a Deputy Chairman to act as Chairman or a person qualified for appointment as Deputy Chairman to act as Deputy Chairman”;
(c) by omitting from paragraph (a) of sub-regulation (2) “, a Deputy Chairman or a member” and substituting “or a Deputy Chairman”;
(d) by omitting from paragraph (b) of sub-regulation (2) “, the Deputy Chairman or the member” and substituting “or the Deputy Chairman”;
(e) by omitting from sub-regulation (5) “, Deputy Chairman or member” and “, the Deputy Chairman or the member” and substituting “or Deputy Chairman” and “or the Deputy Chairman” respectively;
(f) by omitting from sub-regulation (6) “, Deputy Chairman or member” and substituting “or Deputy Chairman”;
(g) by omitting from sub-regulation (7) “, Deputy Chairman or member” and substituting “or Deputy Chairman”;
(h) by omitting from paragraph (a) of sub-regulation (7) “, a Deputy Chairman or the member” and substituting “or a Deputy Chairman”; and
(j) by omitting from paragraph (b) of sub-regulation (7) “, a Deputy Chairman or the member” and substituting “or a Deputy Chairman”.
Regulation 32 of the Australian Federal Police (Discipline) Regulations is amended by omitting from sub-regulation (1) “The Board” and substituting “For the purpose of hearing proceedings, the Board”.
Regulation 38 of the Australian Federal Police (Discipline) Regulations is amended by inserting after sub-regulation (2) the following sub-regulation:
“(2A) A member who lodges a notice of appeal under sub-regulation (2) shall, at the same time, lodge with the Secretary to the Board a notice in writing stating whether the member is a member of an association and—
(a) where the member is a member of an association—specifying the name of that association; or
(b) where the member is not a member of an association—nominating the association a nominee of which is to sit on the Board to be constituted for the purposes of the appeal.”.
Regulation 40 of the Australian Federal Police (Discipline) Regulations is amended by omitting from sub-regulation (2) “a majority of” and substituting “the majority of the members constituting”.
10 After regulation 48 of the Australian Federal Police (Discipline) Regulations the following regulation is inserted:
Delegation by Minister “48A. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer of the Department administered by the Minister any of his powers under these Regulations, other than this power of delegation.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Minister.
“(3) A delegation under this regulation does not prevent the exercise of a power by the Minister.”.
Regulation 49 of the Australian Federal Police (Discipline) Regulations is amended by inserting in sub-regulation (1) “a Deputy Commissioner or” after “delegate to”.
Regulation 53 of the Australian Federal Police (Discipline) Regulations is amended—
(a) by omitting from paragraph (f) of sub-regulation (2) “and”; and
(b) by inserting after paragraph (f) of sub-regulation (2) the following paragraph:
“(fa) the reference in sub-regulation 22 (7) to Part IV were a reference to this Part; and”
Regulation 54 of the Australian Federal Police (Discipline) Regulations is amended—
(a) by inserting after paragraph (a) of sub-regulation (4) the following sub-regulation:
“(ab) if the Appeal Board, on an appeal by the member under regulation 62, sets aside the determination referred to in paragraph 62 (a) in relation to the member—until the date of the decision of the Board setting aside that determination;”; and
(b) by inserting in paragraph (c) of sub-regulation (4) “, (ab)” after “(a)”.
14 Regulation 58 of the Australian Federal Police (Discipline) Regulations is repealed and the following regulation substituted:
Constitution of Appeal Board “58. (1) The Appeal Board shall consist of the following members:
(a) a Chairman, being the person who is for the time being the Chairman of the Disciplinary Board;
(b) 8 members of the Australian Federal Police, being the members of the Australian Federal Police holding office for the time being as members of the Disciplinary Board nominated by the Commissioner; and
(c) in respect of each association—8 persons, being the persons holding office for the time being as members of the Disciplinary Board nominated in accordance with the rules of the association.
“(2) For the purpose of the exercise of its powers in relation to an appeal, the Appeal Board shall be constituted by—
(a) the Chairman;
(b) a member of the Appeal Board referred to in paragraph (1) (b); and
(c) a member of the Appeal Board, being a person holding office as a member of the Disciplinary Board nominated in accordance with the rules of the relevant association in relation to the appellant.
“(3) In sub-regulation (2), ‘relevant association’ in relation to the appellant in an appeal, means—
(a) where the appellant is a member of an association—that association; or
(b) where the appellant is not a member of an association—the association nominated by the appellant in the notice referred to in sub-regulation 64 (2A) in relation to the appeal.”.
Regulation 59 of the Australian Federal Police (Discipline) Regulations is amended—
(a) by omitting from sub-regulations (1) and (2) “or other member” (wherever occurring);
(b) by omitting from sub-regulation (1) “, as the case may be,”;
(c) by omitting from paragraphs (a) and (b) of sub-regulation (2) “or that other member (as the case may be)” (wherever occurring); and
(d) by omitting from paragraph (b) of sub-regulation (2) “58 (3)” and substituting “58 (2)”.
Regulation 64 of the Australian Federal Police (Discipline) Regulations is amended by inserting after sub-regulation (2) the following sub-regulation:
“(2A) A member who lodges a notice of appeal under sub-regulation (2) shall, at the same time, lodge with the Secretary to the Board, a notice in writing stating whether the member is a member of an association and—
(a) where the member is a member of an association-specifying the name of that association; or
(b) where the member is not a member of an association-nominating the association a nominee of which is to sit on the Board to be constituted for the purposes of the appeal.”.
Regulation 65 of the Australian Federal Police (Discipline) Regulations is amended by inserting in sub-regulation (3) “, on an appeal under regulation 63,” after “Where”.
The Australian Federal Police (Discipline) Regulations is further amended as set out in the Schedule.
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Regulation 18
AMENDMENTS OF THE AUSTRALIAN FEDERAL POLICE (DISCIPLINE) REGULATIONS
Sub-regulation 18 (2) | Commission | commission |
Paragraph 47 (a) | this regulation | these Regulations |
Paragraph 53 (2) (c) | 51 | 52 |
Paragraph 53 (2) (e) | 22 (5) (a) | 22 (6) (a) |
22 (7) | 22 (9) | |
under regulation 63 | in accordance with regulation 64 | |
Paragraph 53 (2) (f) | 22 (5) (b) | 22 (6) (b) |
22 (6) | 22 (7) | |
22 (7) (b) or (c) | 22 (9) (b) or (c) | |
Paragraph 53 (2) (g) | 22 (7) (c) | 22 (9) (c) |
64 (1) (b) | 65 (1) (b) | |
Sub-regulation 64 (2) | regulation | Part |
1. Notified in the
Commonwealth of Australia Gazette on 12 June 1980.
2. Statutory Rules 1979 No. 211.
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