Australian Federal Police (Police Liaison Advisory Committee for the Australian Capital Territory) Regulations (Cth)
REGULATIONS UNDER THE AUSTRALIAN FEDERAL POLICE
ACT 1979*
I,
THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting
with the advice of the Federal Executive Council, hereby make the following
Regulations under the
Dated this fourteenth day of May 1981.
STANLEY BURBURY
Administrator
By His Excellency's Command,
MICHAEL HODGMAN
Minister of State for the Capital Territory
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AUSTRALIAN FEDERAL POLICE (POLICE LIAISON ADVISORY COMMITTEE FOR THE AUSTRALIAN CAPITAL TERRITORY) REGULATIONS
Citation
"Chairman" means the Chairman of the Committee;
"Committee" means the Police Liaison Advisory Committee for the Australian Capital Territory established under section 69 of the Act;
"Deputy Chairman" means the Deputy Chairman of the Committee;
"House of Assembly" means the Australian Capital Territory House of Assembly;
* Notified in the
"police services" has the same meaning as in section 8 of the Act;
"the Act" means the
Australian Federal Police Act 1979.
(a) to encourage in the Australian Capital Territory community awareness and understanding of such of the functions of the Australian Federal Police as relate to the provision of police services in the Australian Capital Territory and, for that purpose but without limiting the generality of the foregoing—
(i) to obtain, and make known to persons residing in the Australian Capital Territory, information in respect of the performance of those functions by the Australian Federal Police; and
(ii) to request and receive from persons residing in the Australian Capital Territory comments and suggestions with respect to the provision of police services in the Australian Capital Territory; and
(b) to furnish advice to the Minister with respect to the provision of police services in the Australian Capital Territory.
(2) It is not a function of the Committee—
(a) to obtain, or make known to any person, information the disclosure of which would be likely—
(i) to affect the security of the Commonwealth; or
(ii) to prevent an operation of the Australian Federal Police from being efficiently or effectively conducted;
(b) to publish, or comment publicly on, information that the Committee has received in respect of any person without first obtaining the consent of that person; or
(c) to make any public statement in relation to a matter in respect of which judicial proceedings are pending.
(3) In sub-regulation (2), "judicial proceedings" means—
(a) proceedings before a court of law;
(b) an inquiry by a commission of inquiry, including an inquiry under—
(i) the
Royal Commissions Act 1902; or(ii) the
Enquiry Ordinance 1938 of the Australian Capital Territory as amended and in force from time to time;(c) proceedings before the Commissioner, the Disciplinary Board or the Appeal Board under the Australian Federal Police (Discipline) Regulations;
(d) disciplinary proceedings under a law relating to the Australian Public Service or to a body established for a public purpose by a law of the Commonwealth or the Australian Capital Territory;
(e) proceedings before a court martial or the Courts Martial Appeals Tribunal;
(f) proceedings before the Administrative Appeals Tribunal; and
(g) an investigation under the
Ombudsman Act 1976.
(a) the Commissioner; and
(b) 5 members of the House of Assembly appointed by the Minister on the nomination of the House of Assembly.
(2) The Commissioner may appoint a member of the Australian Federal Police not below the rank of Assistant Commissioner to be his deputy on the Committee.
(3) The performance of the functions of the Committee is not affected by reason only of there being a vacancy or vacancies in the membership of the Committee.
(a) he resigns his office by writing under his hand delivered to the Minister; or
(b) he ceases to be a member of the House of Assembly otherwise than by reason of the dissolution of the House of Assembly.
(2) The term of office of a member of the Committee referred to in paragraph 4 (1) (b) shall, unless the member has previously ceased to hold office, expire on the expiration of the day on which, after the general election of members of the House of Assembly next succeeding the appointment of the member of the Committee, the newly elected House of Assembly first holds a meeting.
(2) Subject to sub-regulation (3), a person appointed in pursuance of sub-regulation (1) to be Chairman or Deputy Chairman holds office as Chairman or Deputy Chairman, as the case may be, for the remainder of his term of office as member of the Committee.
(3) A person appointed in pursuance of sub-regulation (1) to be Chairman or Deputy Chairman may resign his office of Chairman or Deputy Chairman, as the case may be, by writing under his hand delivered to the Minister.
(4) A member of the Committee is eligible to be re-appointed as Chairman or Deputy Chairman.
(2) The Chairman shall preside at all meetings of the Committee at which he is present.
(3) If the Chairman is not present at a meeting of the Committee, the Deputy Chairman shall preside at the meeting.
(4) A quorum at a meeting of the Committee is constituted by—
(a) the Chairman or Deputy Chairman;
(b) the Commissioner or his deputy appointed under sub-regulation 4 (2); and
(c) not less than 2 other members.
(5) The Commissioner or his deputy is not entitled to vote in respect of any question arising at a meeting.
(6) Questions arising at a meeting of the Committee shall be determined by a majority of the votes of the members of the Committee present and voting.
(7) The person presiding at a meeting of the Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(8) A meeting of the Committee shall be convened by each member of the Committee being given notice in writing of the date on which, and the time and place at which, the meeting is to be held.
(2) A person holding office as representative of the Department on the Committee is not a member of the Committee but may attend any meeting of the Committee and is entitled to participate in discussions at the meeting.
(3) A person holding office as representative of the Department on the Committee—
(a) may, at any time, be removed from that office by the Minister;
(b) may resign that office by writing under his hand delivered to the Minister; and
(c) ceases to hold that office upon his ceasing to hold an office in the Department.
(4) In this regulation, "Department" means the Department of State administered by the Minister of State for the time being administering section 69 of the Act.
(2) The Committee shall not, without the consent of the Commissioner or his deputy, invite a member of the Australian Federal Police to attend a meeting of the Committee.
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