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

Statutory Rules 1993

No. 306 1

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Australian Federal Police (Discipline) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Federal Police Act 1979.

Dated 17 November 1993.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

D. KERR

Minister for Justice

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1.   Amendment

1.1   The Australian Federal Police (Discipline) Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 19 (Proceedings for certain disciplinary offences)

2.1   New subregulations 19 (4A) and (4B):

After subregulation 19 (4), insert:

“(4A)

In relation to a proceeding under subregulation (1) against a member or staff member, other than a proceeding arising from an investigation under the Complaints (Australian Federal Police) Act 1981, the Commissioner must express a view on the facts available to the Commissioner at the time of expressing the view, by notice in writing to the member or staff member, as to the appropriate penalty or range of penalties.

“(4B)

The Commissioner’s view in a particular case does not affect the function of:

• (a)

  the Disciplinary Tribunal; or

• (b)

  the Federal Court of Australia;

in imposing or reviewing a penalty, as the case may be.”.

3.   Regulation 21 (Hearing before the Commissioner)

3.1   Subregulation 21 (2):

Omit “shall”, substitute “must”.

3.2   Subregulation 21 (2):

Omit “beyond reasonable doubt”, substitute “on the balance of probabilities”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 November 1993.

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.