Australian Federal Police Regulations (Amendment) (Cth)

Statutory Rules 1988

No. 3631

Australian Federal Police 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 15 December 1988.

 

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Michael Tate

Minister of State for Justice

Commencement

1. These Regulations commence on 1 January 1989.

Principal Regulations

2. In these Regulations “Principal Regulations” means the Australian Federal Police Regulations.

Non-commissioned ranks

3. Regulation 3 of the Principal Regulations is amended by omitting paragraphs (a) to (d) inclusive and substituting the following paragraphs;

“(a) the rank of constable;

(b) the rank of sergeant.”.

(S.R. 327/88)—Cat. No. 14/6.12.1988

 

Commissioned ranks

4. Regulation 4 of the Principal Regulations is amended by omitting paragraphs (a) to (e) inclusive and substituting the following paragraphs:

“(a) the rank of Superintendent;

(b) the rank of Commander;

(c) the rank of Assistant Commissioner.”.

5. Regulation 5 of the Principal Regulations is repealed and the following regulation substituted:

Competence and qualifications to hold position

“5. (1) For the purposes of subsections 25 (1) and 26 (1) of the Act, a person is competent and qualified to hold a position, subject to subregulation (2) within a non-commissioned rank, or within a commissioned rank, if the person:

(a) subject to regulation 14a, is an Australian citizen;

(b) has reached the age of 18 years;

(c) has been certified by a medical practitioner approved by the Commissioner to be in good health and of sound constitution and to be a person who meets the standards of physical and mental health determined from time to time by the Commissioner in relation to persons holding the rank or ranks specified in the determination;

(d) is of good character and reputation;

(e) possesses the experience, qualifications and training specified in the selection criteria relating to the position as being required for the effective performance of the duties of that position; and

(f) having regard to any other factors that are relevant to the discharge of the duties of the position, is suitable for appointment or promotion to the position, as the case may be.

“(2) For the purposes of subsection 26 (1) of the Act, a person is competent and qualified to hold a position within the rank of constable if, in addition to satisfying the requirements referred to in subregulation (1), the person:

(a) has satisfied such requirements as the Commissioner determines to be necessary for the purpose of ascertaining whether the level of physical fitness of the person is sufficient to enable the person to perform duties of the kind performed by a constable; and

(b) has passed, at such level as the Commissioner determines, such written or oral examinations or tests as the Commissioner determines, being examinations or tests for the purpose of ascertaining whether the person is sufficiently educated, and has the necessary intelligence and aptitudes, to perform duties of the kind performed by a constable.”.

6. Regulation 6 of the Principal Regulations is repealed and the following regulation substituted:

Training courses

“6. The Commissioner shall establish, and arrange for the conduct of appropriate training courses for members.”.

Repeal of regulations 7, 8 and 9

7. Regulations 7, 8 and 9 of the Principal Regulations are repealed.

Duty statements and selection criteria

8. Regulation 10 of the Principal Regulations is amended by omitting paragraph (b) and substituting the following paragraph:

“(b) selection criteria describing the experience, qualifications and training required for the effective performance of the duties of the position and any other factors that are relevant to the discharge of those duties.”.

Appointment on probation

9. Regulation 14 of the Principal Regulations is amended by inserting before subregulation (2) the following subregulation:

“(1) This regulation applies to and in relation to the appointment as a member of a person who is an Australian citizen.”.

10. After regulation 14 of the Principal Regulations the following regulations are inserted in Part II:

Appointment of non-citizen on probation

“14a. (1) This regulation applies to a person other than an Australian Citizen.

“(2) A person to whom this regulation applies:

(a) shall, on being appointed as a member, be on probation for a period of 2 years; and

(b) shall not be so appointed except with the approval in writing of the Commissioner.

“(3) The Commissioner may, at any time within the period of 12 months immediately following the appointment of a person on probation in accordance with this regulation, annul the appointment.

“(4) Where the Commissioner has not annulled the appointment of a person within the period referred to in subregulation (3), the Commissioner:

(a) may extend for a further period not exceeding 12 months the period within which he or she may annul the appointment; and

(b) may, at any time within that further period, annul the appointment.

“(5) Subregulations (3) and (4) shall not be taken to affect the powers of the Commissioner m relation to the annulment of the appointment of a person as a member under subregulation (7).

 

“(6) Subject to subregulation (7), where the Commissioner has not annulled the appointment of a person as a member pursuant to subregulation (3) or (4), the Commissioner shall, at the end of the period of probation, confirm the appointment.

“(7) Where, at the end of the period of probation of a person appointed as a member in accordance with this regulation, the Commissioner believes on reasonable grounds;

(a) that the person has been refused Australian citizenship;

(b) that the person is unlikely to be granted Australian citizenship within a reasonable time; or

(c) that the person is not seeking the grant of Australian citizenship; the Commissioner shall annul the appointment of the person as a member.

“(8) Where the Commissioner annuls the appointment of a person as a member under this regulation, the person shall cease to be a member at the time the Commissioner specifies in the instrument of annulment.

“(9) Notwithstanding anything in this regulation, a person who has been appointed as a member on probation in accordance with this regulation remains on probation until his or her appointment has been annulled or confirmed.

Appointment of certain members on probation

“14b. Where a person:

(a) is appointed on probation to a position within the rank of constable; or

(b) being a non-member, is appointed in accordance with regulation 15c on probation to a position within the rank of sergeant or Superintendent;

the rate of salary applicable to the person on being so appointed shall be the rate of salary within that rank that is appropriate for that person, having regard to the experience, qualifications, training and any other factors that are relevant to the discharge of the duties of the position.”.

Parties to an appeal

11. Regulation 14k of the Principal Regulations is amended by omitting paragraph (c) and substituting the following paragraph:

“(c) in the case of an appeal against the promotion of a member—the member promoted;”.

Consolidation of appeals

12. Regulation 14l of the Principal Regulations is amended by omitting from paragraph (a) “selection of another member for promotion” and substituting “promotion of another member”.

 

Hearings by Review Committee

13. Regulation 14n of the Principal Regulations is amended by omitting from subregulation (2) “under sub-regulation (1)” and substituting “for the hearing of an appeal”.

Rights of parties to an appeal

14. Regulation 14p of the Principal Regulations is amended by omitting from subregulation (2) “select a member for promotion” and substituting “promote a member”.

Public and private hearings

15. Regulation 14q of the Principal Regulations is amended by omitting from subregulation (1) “select a member for promotion” and substituting “promote a member”.

16. Regulation 15 of the Principal Regulations is repealed and the following regulations are substituted:

Notification and application in relation to vacant position

“15. (1) Subject to subregulation (3), where a position within any rank other than constable becomes vacant or is expected to become vacant, the Commissioner shall cause to be published in the Police Gazette a notice inviting members who satisfy the requirements of paragraphs 5 (1) (e) and (f) in relation to that position to apply to the Commissioner for promotion to the position.

“(2) An application for promotion to a position shall:

(a) set out the full name, age and current rank of the applicant;

(b) include a statement by the applicant of his or her suitability for the position by reference to each of the selection criteria for the position;

(c) set out any other matter that the applicant wishes the Commissioner to consider in relation to the application; and

(d) be received at the address specified in the notice published in the Police Gazette in relation to that position not later than 14 days after that publication.

“(3) The Commissioner is not required to publish the notice in relation to a position if the Commissioner:

(a) fills the position by transfer;

(b) decides not to fill the position; or

(c) has published a notice in the Police Gazette under subregulation 15c (2) in respect of the position.

“(4) The Commissioner shall not promote a member to a position in respect of which a notice under subregulation 15 (1) has been published until the time referred to in paragraph (2) (d) has expired.

 

Selection committees

“15a. (1) Where the Commissioner has invited applications for a position in accordance with subregulation 15 (1), the Commissioner may form a selection committee under this regulation for the purpose of deciding whether there is any suitable applicant and recommending to the Commissioner for promotion to the position the most efficient of any such applicants.

“(2) A selection committee under this regulation shall be appointed by the Commissioner and shall comprise a convenor (who may be the Commissioner) and 2 other persons.

“(3) Where a female member is an applicant for a position, one of the persons appointed to the selection committee shall be:

(a) if any other female member is available who, in the opinion of the Commissioner, holds a rank that is appropriate for service on the committee—such a member;

(b) if such a member is not available—a female officer or employee of the Australian Public Service who, in the opinion of the Commissioner, holds a classification that is appropriate for service on the committee.

“(4) The selection committee may select for interview:

(a) all the applicants;

(b) all the applicants who, in the opinion of the committee, meet the selection criteria; or

(c) only those applicants who, in the opinion of the committee:

(i) meet the selection criteria; and

(ii) have better claims to promotion to the position than other applicants.

“(5) The selection committee may ask an applicant to nominate as referees 2 persons who are currently, or have been, supervisors of the applicant in the performance of his or her duties and may obtain comments or reports from those referees accordingly.

“(6) The selection committee is entitled to obtain comments or a report on the suitability of an applicant for the position to which the application relates from any person in addition to the referees nominated by the applicant.

“(7) The selection committee shall not be obliged to obtain comments or a report from the referees nominated by an applicant or from any other person if the committee has decided that the applicant is not suitable for promotion to the relevant position.

“(8) If the applicant is not reasonably available for personal interview (whether because of the location at which he or she is performing official duties, absence from those duties or otherwise), the selection committee may interview the applicant by telephone.

 

“(9) In making, or recommending, the selection of a member for promotion to a position, the selection committee shall apply the selection criteria for the position having regard to:

(a) the member’s application;

(b) the performance of the member at interview;

(c) the comments of the member’s referees; and

(d) any other information the selection committee considers relevant.

Joint selection committee

“15b. (1) Where the Commissioner has invited applications for a position in accordance with subregulation 15 (1), the Commissioner may, by writing, seek the consent of the association to the establishment of a joint selection committee for the purpose of deciding whether there is any suitable applicant and recommending to the Commissioner for promotion to the position the most efficient of any such applicants.

“(2) If the association consents in writing to the establishment of a joint selection committee in relation to selection for promotion to a position, the Commissioner may:

(a) give notice in the Police Gazette.

(i) that the Commissioner intends to arrange for the establishment of a joint selection committee to make recommendations to the Commissioner in relation to the selection of a member for promotion to the position;

(ii) that the consent of the association to the establishment of the joint selection committee has been obtained; and

(iii) that members who satisfy the requirements of paragraphs 5 (1) (e) and (f) in relation to that position may apply to the Commissioner for promotion to the position; and

(b) not earlier than 7 days after the publication of the notice, arrange for the establishment of the committee in accordance with this regulation.

“(3) The requirements for an application under subregulation (2) are the same as those specified in subregulation 15 (2) for an application referred to in that subregulation.

“(4) A joint selection committee shall consist of;

(a) a person nominated by the Merit Protection and Review Agency, who shall be convenor;

(b) a person nominated by the Commissioner; and

(c) a person nominated by the association.

“(5) Where, before a joint selection committee has made its recommendations, a member of the committee resigns or is unable to continue as a member;

 

(a) the body or person that nominated the member shall nominate another person in his or her place;

(b) the Commissioner shall reconstitute the committee accordingly; and

(c) for the purpose of making its recommendations, the committee may have regard to any proceedings of the committee before being so reconstituted.

“(6) Subregulations 15a (4) to (9) (inclusive) apply in relation to a joint selection committee as if that committee was a selection committee under regulation 15a.

“(7) The recommendation of a joint selection committee;

(a) shall be in writing;

(b) if the committee are unable to agree, may be a majority recommendation;

(c) shall be signed by each member so as to indicate clearly whether or not the member supported the recommendation;

(d) shall be delivered or sent to the Commissioner by the convenor; and

(e) is not binding on the Commissioner.

“(8) Where a member is promoted to a position in accordance with the recommendation of a joint selection committee, the promotion is not subject to appeal under regulation 26.

“(9) A promotion made on the recommendation of a joint selection committee shall not be called in question because of a defect or irregularity in connection with the nomination of a person as a member.

“(10) A member of a joint selection committee, while acting as a member, is not subject to direction by any other person or by any body or authority other than a court.

“(11) The Commissioner shall not arrange for the establishment of a joint selection committee under this regulation and a selection committee under regulation 15a in relation to the same vacancy.

Further notification—application by non-member

“15c. (1) This regulation applies where the Commissioner has published a notice under subregulation 15 (1) in relation to a position:

(a) if no applications are received; or

(b) if, in the opinion of the Commissioner, no applicant is competent and qualified to hold the position.

“(2) In a case to which this regulation applies, the Commissioner may cause to be published in the Police Gazette a notice stating the Commissioner’s intention to invite applications for the relevant position both from members and from persons other than members.

“(3) A notice under subregulation (2) shall:

(a) specify the rank and duties of the position;

 

(b) set out the selection criteria for the position; and

(c) include a statement of whichever of the matters stated in paragraphs (1) (a) and (b) is applicable.

“(4) In a case to which this regulation applies, the Commissioner may:

(a) not earlier than 7 days after the publication of the notice under subregulation (2), invite applications for the position both from members and from persons other than members;

(b) advertise the position in a newspaper or newspapers as the Commissioner thinks appropriate; and

(c) engage consultants for the purpose of recommending a person suitable for appointment;

and may, not earlier than 30 days after the publication of the notice, appoint an applicant to the position.

“(5) An application under subregulation (4) shall:

(a) set out the full name, age and current occupation of the applicant;

(b) include a statement by the applicant of his or her suitability for the position by reference to each of the selection criteria for the position; and

(c) set out any other matter which the applicant wishes the Commissioner to consider in relation to the application.

“(6) In a case to which this regulation applies, the Commissioner may arrange for the establishment of a selection committee under this regulation for the purpose of deciding whether there is any suitable applicant and recommending for appointment the most suitable of any such applicants.

“(7) Subregulations 15a (2) to (8) (inclusive) apply in relation to a selection committee under this regulation as if the selection committee was a selection committee under regulation 15a.

“(8) The establishment of a selection committee under this regulation shall not be taken to preclude the engagement of consultants under paragraph (4) (c) in relation to that position and the engagement of consultants shall not be taken to preclude the establishment of such a selection committee.”.

Repeal of regulations 16 and 17

17. Regulations 16 and 17 of the Principal Regulations are repealed.

Division not to apply in certain cases

18. Regulation 18 of the Principal Regulations is amended by omitting paragraph (a).

19. After Division 1 of Part III of the Principal Regulations the following Division is inserted:

 

“Division 2—Procedures relating to promotion”

Interpretation

“19. In this Division:

‘notification’ means notification of the promotion of a member under regulation 20;

‘relevant day’ means:

(a) in relation to promotion to a position within the rank of sergeant—the day 14 days after the day of notification; or

(b) in relation to promotion to any other position—the day 7 days after the day of notification.

Notification in Police Gazette

“20. (1) The Commissioner shall cause the promotion of a member under section 25 or 26 of the Act to be notified in the Police Gazette.

“(2) The notification shall set out:

(a) the name of the member;

(b) the member’s position and rank before the promotion;

(c) the position to which the member has been promoted;

(d) the rank within which that position is included; and

(e) whether or not the promotion is subject to appeal under regulation 26;

and may specify a day of effect.

Day of effect of promotion

“21. (1) Subject to these Regulations, the promotion of a member to a position within the rank of sergeant shall take effect:

(a) if a day of effect is specified in the notification—on that day; or

(b) if a day of effect is not so specified—on the expiry of 14 days after the day of notification.

“(2) Subject to subregulation (4), the promotion of a member to a position within a rank other than sergeant shall take effect:

(a) if a day of effect is specified in the notification—on that day; or

(b) if a day of effect is not so specified—on the expiry of 7 days after the day of notification.

“(3) The day specified for the purposes of paragraph (1) (a) shall be a day not earlier than 15 days after the day of notification.

“(4) The day specified for the purposes of paragraph (2) (a) shall be a day not earlier than 8 days after the day of notification.

Cancellation of promotion

“22. (1) A member who has been selected for promotion may apply in writing to the Commissioner for the cancellation of the promotion.

 

“(2) The application is not duly made unless received by the Commissioner not later than the relevant day in relation to promotion to the position to which the application relates.

“(3) Where the Commissioner receives an application for the cancellation of a promotion:

(a) the promotion shall not take effect in accordance with regulation 21; and

(b) the Commissioner shall, by instrument in writing, cancel the promotion.

“(4) The Commissioner shall cause the cancellation of a promotion under this regulation to be notified in the Police Gazette.

Concurrent promotion

“23. (1) In this regulation, ‘concurrent promotion’ means any of 2 or more promotions of a member that are notified:

(a) on the same day; or

(b) within the period commencing on the day of notification of a promotion to a position and ending on the expiry of the relevant day in relation to promotion to that position.

“(2) In respect of concurrent promotions of a member, the member may, not later than the last occurring relevant day in relation to any of those promotions, elect in writing to the Commissioner to accept one or none of those promotions, and the Commissioner shall give effect to the election accordingly.

“(3) Where, in relation to concurrent promotions, a member does not make a valid election, the promotion of the member shall take effect as follows:

(a) in respect of promotion to a position other than a position within the rank of sergeant, there shall take effect:

(i) if all of those promotions are notified on the same day—the promotion nominated in writing by the Commissioner;

(ii) if one of those promotions is notified before any other such promotion—that first-mentioned promotion; or

(iii) if 2 or more of those promotions are notified on a day before the notification of any other such promotion—the promotion nominated in writing by the Commissioner;

(b) in respect of promotion to a position within the rank of sergeant, where none of the concurrent promotions is subject to appeal under regulation 26, there shall take effect:

(i) if all of those promotions are notified on the same day—the promotion nominated in writing by the Commissioner;

(ii) if one of those promotions is notified before any other such promotion—that first-mentioned promotion; or

 

(iii) if 2 or more of those promotions are notified on a day before thè notification of any other such promotion—the promotion nominated in writing by the Commissioner; or

(c) in respect of promotion to a position within the rank of sergeant, where one or more of the concurrent promotions is subject to an appeal under regulation 26, there shall take effect:

(i) if one only of the promotions is not subject to appeal—that promotion;

• (ii) if more than one

   of the  promotions  is  not subject  to  appeal— whichever  (if any) promotion not subject to appeal is notified on a day before the notification of any other such promotion;

(iii) if all of the promotions are subject to appeal—whichever (if any) promotion is notified on a day before the notification of any other such promotion; or

(iv) if 2 or more of the promotions are notified on the same day in circumstances where, if only one of those promotions was notified on that day, it would take effect under subparagraph (ii) or (iii)—whichever of those 2 or more promotions is nominated in writing by the Commissioner.

“(4) Where, by virtue of this regulation, a concurrent promotion does not take effect:

(a) the promotion shall be taken to be cancelled as if the member promoted had applied under subregulation 22 (1) for the cancellation of the promotion; and

(b) the Commissioner shall cause the cancellation of that concurrent promotion to be notified in the Police Gazette.

Procedure where promotion not taken up

“24. (1) Subject to subregulation (2), where:

(a) the Commissioner has received more than one application under regulation 15 for promotion to a position; and

(b) the applicant selected for promotion does not take up the position;

the promotion to that position shall be dealt with as if the applicant so selected had never been an applicant.

“(2) A promotion to a position shall not be made in reliance on subregulation (1) on a day later than the day that falls 9 months after the day on which, in relation to that position, the notice under subregulation 15 (1) was published in the Police Gazette.

“(3) Subject to subregulation (4), where:

(a) the Commissioner has received more than one application under regulation 15c for appointment to a position; and

(b) the applicant selected for appointment does not take up the position;

the Commissioner may appoint another applicant to the position as if the applicant selected had never been an applicant.

 

“(4) An appointment to a position shall not be made in reliance on subregulation (3) on a day later than the day that falls 9 months after the day on which, in relation to that position, the Commissioner published a notice under subregulation 15c (2).

Entitlement to payment of salary on promotion

“24a. (1) Subject to subregulation (2), where a member has been promoted to a position within a rank under section 25 or 26 of the Act, salary at the rate applicable to the position is payable commencing on the day of effect of the promotion under regulation 21.

“(2) Where an appeal against the promotion of a member to a position within a rank is made under regulation 26 and determined, salary at the rate applicable to the position is payable (whether the appeal has been dismissed or allowed) commencing on the day of effect of the promotion against which the appeal was lodged, being the day of effect under regulation 21, as if that day of effect had not been cancelled under subregulation 26 (4).”.

20. Regulation 25b of the Principal Regulations is repealed and the following regulation substituted;

Prescribed rank for purposes of paragraph 40 (1) (c) of the Act

“25b. For the purposes of paragraph 40 (1) (c) of the Act, the rank of sergeant is prescribed.”.

Repeal of regulation 25c

21. Regulation 25c of the Principal Regulations is repealed.

22. Regulation 26 of the Principal Regulations is repealed and the following regulation substituted:

Appeal against promotion

“26. (1) Subject to these Regulations, a member who;

(a) has applied to the Commissioner for promotion to a position within a prescribed rank in accordance with regulation 15; and

(b) considers that he or she has a better claim to promotion to the position than another member whose promotion has been notified under regulation 20;

may give notice of appeal to the Review Committee against the decision of the Commissioner to promote that other member to the position.

“(2) The notice of appeal:

(a) shall be in writing;

(b) shall specify:

(i) the full name and current position and rank of the appellant;

(ii) the full name of the member promoted; and

 

(iii) the position to which the appeal relates; and

(c) shall not be duly given unless received by the Agency;

(i) within the period of 14 days after the day of notification under regulation 20; or

(ii) within such longer period as the Director, within such period of 14 days, in a particular case allows.

“(3) The notice of appeal:

(a) shall contain a statement to the effect that the appeal is instituted because, in relation to the relevant position, the appellant is more efficient than the member promoted, and shall set out the grounds for that statement;

(b) may set out any facts or other matters that the appellant wishes the Review Committee to consider in deciding the appeal; and

(c) may be accompanied by any documents the appellant considers relevant to the appeal.

“(4) Where a notice of appeal is given in accordance with this regulation, the day of effect for the relevant promotion under regulation 21 shall be taken to be cancelled.”.

Notification of appeal

23. Regulation 27 of the Principal Regulations is amended:

(a) by omitting “select another member for promotion” and substituting “promote another member to a position”;

(b) by omitting from paragraph (a) “and” (last occurring);

(c) by adding at the end the following word and paragraph:

“; and (c) by notice in writing, request the other member to submit to the Review Committee, within such period as is specified in the notice, any written statement that the member wishes to make setting out any facts or other matters that the member wishes the Review Committee to consider in deciding the appeal.”.

Power of Review Committee

24. Regulation 31 of the Principal Regulations is amended by omitting “select a member for promotion” and substituting “promote a member”.

Determination of appeal

25. Regulation 32 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “proposed”;

(b) by omitting from paragraph (1) (a) “selected for promotion” and substituting “promoted”;

(c) by omitting from paragraph (1) (b) all the words after “Commissioner that” and substituting “the Commissioner confirm the promotion”;

 

(d) by omitting from paragraph (2) (a) “select a member for promotion’’ and substituting “promote a member”;

(e) by omitting from paragraph (2) (b) “selected for promotion,” and substituting “promoted;”;

(f) by adding at the end the following subregulations;

“(3) On receipt of the recommendation of a Review Committee under this regulation, the Commissioner may:

(a) if the Committee has allowed the appeal;

(i) by notice published in the Police Gazette, cancel the promotion to the relevant position of the member against whose promotion the appeal was instituted;

(ii) promote instead to that position the successful appellant: and

(iii) cause the promotion of that appellant to be notified in accordance with regulation 20; or

(b) if the Committee has dismissed the appeal—cause to be notified in the Police Gazette that the promotion of the member to the relevant position as notified on a specified date under regulation 20 is confirmed.

“(4) The promotion of a member pursuant to paragraph (3) (a) is not subject to appeal under regulation 26.

“(5) Where the Commissioner promotes a member to a position, or confirms a promotion, in accordance with subregulation (3), the promotion shall take effect:

(a) if the Committee has allowed the appeal—on the day the promotion of the appellant is notified under regulation 20 or, if a later day of effect is specified in that notification, on that day; or

(b) if the Committee has dismissed the appeal—on the day on which confirmation of the promotion is notified under paragraph (3) (b) or, if a later day of effect is specified in that notification, on that day.”.

Repeal of regulation 33

26. Regulation 33 of the Principal Regulations is repealed.

27. After regulation 39 of the Principal Regulations the following regulation is inserted;

Prescribed organisation for purposes of subsection 34 (1) of the Act

“39aa. For the purposes of subsection 34 (1) of the Act, the United Nations is a prescribed institution, organisation or body.”.

 

Ranks to which section 64a of the Act applies

28. Regulation 40 of the Principal Regulations is amended by omitting paragraphs (a), (b), (c) and (d) and substituting the following paragraphs:

“(a) the rank of constable;

(b) the rank of sergeant.”.

Repeal of regulation 42a

29. Regulation 42a of the Principal Regulations is repealed.

Transfer of unclaimed property

30. Regulation 45 of the Principal Regulations is amended by omitting paragraphs (3) (a), (b) and (c) and substituting the following paragraphs:

“(a) animals;

(b) keys;

(c) perishable goods; or

(d) articles that are, or could be, dangerous or noxious;”.

Transitional

31. (1) A member who, in accordance with the Principal Regulations as in force immediately before the commencement of these Regulations, was the holder of a position within a commissioned rank specified in Column 2 of an item in Part I of the table at the foot of this regulation shall be taken, on and after that commencement, to be the holder of such a position within the commissioned rank specified in Column 3 of that item in that Part, being a commissioned rank in accordance with the Principal Regulations as amended by these Regulations.

(2) A member who, in accordance with the Principal Regulations as in force immediately before the commencement of these Regulations, was the holder of a position within a non-commissioned rank specified in Column 2 of an item in Part II of the table at the foot of this regulation shall be taken, on and after that commencement, to be the holder of such a position within the non-commissioned rank specified in Column 3 of that item in that Part, being a non-commissioned rank in accordance with the Principal Regulations as amended by these Regulations.

Column 1	Column 2	Column 3
Item No.	Former rank	Current rank
PART 1—COMMISSIONED RANKS
1	Assistant Commissioner	Assistant Commissioner
2	Chief Superintendent	Commander
3	Superintendent	Superintendent
4	Chief Inspector	Superintendent
5	Inspector	Superintendent
PART II—NON-COMMISSIONED RANKS
6	Station Sergeant	sergeant
7	Senior Sergeant	sergeant
8	Sergeant	sergeant
9	Constable	constable

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1988.

2. Statutory Rules 1979 No. 210 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 83 and see also Statutory Rules 1988 Nos. 83 and 84.

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