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

Statutory Rules 1990 No. 451

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 19 February 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command.

Gareth Evans

Minister of State for Foreign Affairs and Trade for and on behalf of the Minister of State for Justice

 

Principal Regulations

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

Absence from duty

2. Regulation 4 of the Principal Regulations is amended by omitting subregulation (2) and substituting the following subregulation:

“(2) If a member or staff member has absented himself or herself from his or her place of duty for an authorised purpose, the member or staff member must not remain away from his or her place of duty for a longer period than is necessary for the purpose.”.

Malingering

3. Regulation 12 of the Principal Regulations is amended by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) without reasonable excuse, fail to carry out an instruction given by an approved medical practitioner to the member or staff member in relation to any sickness, ailment, injury or physical or mental disability of the member or staff member: or”.

 

(S.R. 67/90)—Cat. No. 14/15.2.1990

 

4. Regulation 15 of the Principal Regulations is repealed and the following regulation substituted:

Members or staff members not to solicit or receive gifts etc.

“15. A member or staff member must not directly or indirectly solicit or accept a gift or gratuity from a person concerned directly or indirectly with any matter in which the Australian Federal Police or the member or staff member, in the performance of his or her duties, is interested or concerned.”.

Suspension from duty

5. Regulation 20 of the Principal Regulations is amended by omitting paragraph (5) (a) and substituting the following paragraph:

“(a) if the Commissioner determines under regulation 21 that the member or staff member is not guilty of the disciplinary offence in relation to which the member or staff member has been suspended—until the date of that determination;”.

Hearing before the Commissioner

6. Regulation 21 of the Principal Regulations is amended:

(a) by omitting subparagraph (1) (a) (ii) and substituting the following subparagraph:

“(ii) if the member or staff member appears before the Commissioner at the hearing, an oral statement made before him or her by the member or staff member;”;

(b) by omitting all the words in paragraph (1) (a) after subparagraph (ii) and substituting “determine whether the member or staff member is guilty of the disciplinary offence or not;”.

Penalties

7. Regulation 22 of the Principal Regulations is amended by omitting from paragraph (3) (a) all the words before subparagraph (i) and substituting “has caused to be served on the member or staff member a notice informing the member or staff member:”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 February 1990.

2. Statutory Rules 1979 No. 211 as amended by Statutory Rules 1980 No. 141; 1982 Nos. 90 and 281; 1984 No. 205; 1985 No. 292; 1988 Nos. 82 and 364; 1989 Nos. 332, 333 and 363.

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