Australian Federal Police Regulations (Amendment) (Cth)

Statutory Rules 1986 No. 2991

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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 13 October 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

M. J. Young

Special Minister of State

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Commencement

1. These Regulations shall come into operation on 1 December 1986.

Principal Regulations

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

Competency and qualification to hold rank

3. Regulation 5 of the Principal Regulations is amended—

(a) by omitting from paragraph (1) (b) “31” and substituting “35”; and

(b) by inserting after paragraph (1) (d) the following paragraph:

“(da) 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;”.

 

(S.R. 196/86)—Cat. No.  12/15.9.1986

4. The Principal Regulations are amended by inserting after regulation 42a the following regulation:

Awards for bravery, &c.

“42b. (1) For the purposes of sub-section 61 (1) of the Act, each of the following awards is prescribed:

(a) The Commissioner’s Commendation for Bravery;

(b) The Commissioner’s Certificate for Conspicuous Conduct.

“(2) For the purposes of sub-section 61 (2) of the Act, the following criteria are prescribed:

(a) in relation to the Commissioner’s Commendation for Bravery—that the member has performed in the discharge of his or her duty an act of courage of a high order whereby the member consciously placed himself or herself at substantial risk of physical injury;

(b) in relation to the Commissioner’s Certificate for Conspicuous Conduct—that the member has manifested outstanding dedication to duty in circumstances demanding tenacity of a high order.”.

5. The Principal Regulations are amended by inserting after regulation 44 the following regulation:

Disposal of unclaimed property

“45. (1) In this regulation ‘member’ includes the Commissioner or a Deputy Commissioner.

“(2) Subject to sub-regulation (3), where property (other than moneys) has lawfully come into the possession of a member in the course of the member’s duty and has not been claimed by the owner of the property within a period of 3 months from the date on which the property came into the possession of the member, the Commissioner may direct that the property be disposed of by public auction.

“(3) The Commissioner may, at any time, direct that unclaimed—

(a) animals;

(b) perishable goods; or

(c) articles that are, or could be, dangerous or noxious,

that have lawfully come into the possession of a member in the course of the member’s duty be disposed of otherwise than by public auction.

“(4) The proceeds of a sale of unclaimed property shall be paid into the Consolidated Revenue Fund.

“(5) The Commissioner shall cause a notice of a sale of unclaimed property by public auction to be published in the Gazette not less than 7 days before the date of the sale.

“(6) Upon the sale of any unclaimed property pursuant to this regulation, any right in respect of the property vested in a person immediately before the sale shall cease to exist.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 October 1986.

2. Statutory Rules 1979 No. 10 as amended by 1980 No. 140; 1981 Nos. 161 and 192; 1982 Nos. 199 and 282; 1983 No. 158; 1984 Nos. 164, 296 and 297; 1985 No. 293.

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