Australian Federal Police Regulations (Amendment) (Cth)
REGULATIONS UNDER THE AUSTRALIAN FEDERAL POLICE
ACT 1979
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
Dated this sixth day of June 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. MCLEAY
Minister of State for Administrative Services
_______________
AMENDMENTS OF THE AUSTRALIAN FEDERAL POLICE
REGULATIONS
1 Competency and qualifications of members of existing Police Forces Regulation 5 of the Australian Federal Police Regulations is amended by omitting from sub-regulation (1) all words to and including “the Act,” and substituting the following words and paragraphs:
“For the purposes of—
(a) an appointment to a rank in a component in pursuance of section 72 of the Act; or
(b) a transfer from that rank to an equivalent rank in the other component in accordance with paragraph 25 (1) (c) or 26 (1) (c) of the Act,”.
2 Competency and qualifications for appointments, &c., to ranks in the Australian Federal Police Regulation 6 of the Australian Federal Police Regulations is amended by omitting from paragraph (c) of sub-regulation (3) “where the relevant rank is in a component in which the person has not at any time served as an officer—”.
3 Exemptions in respect of qualifying examinations Regulation 9 of the Australian Federal Police Regulations is amended—
(a) by omitting from sub-regulation (2) all words from and including “Protective Service” and substituting “Qualifying Examination for Commissioned Ranks”; and
(b) by adding at the end thereof the following sub-regulations:
“(3) A person appointed to the rank of Senior Sergeant or Protective Service Senior Sergeant in pursuance of section 72 of the Act is exempted from taking the Qualifying Examination for the Rank of Station Sergeant if the person has passed the Qualifying Examination for Commissioned Ranks.
“(4) A person—
(a) appointed to the rank of Constable or Protective Service Constable in pursuance of section 72 of the Act; and
(b) who immediately before the commencing date, was holding the rank of Senior Constable in the existing Police Force of which he was a member,
is, for the purposes of promotion in accordance with sub-section 26 (1) of the Act, exempted from taking the Senior Constable Qualifying Examination.
“(5) A person appointed to be a commissioned officer in pursuance of section 26A of the Act is, for the purposes of promotion or transfer in accordance with sub-section 25 (1) of the Act, exempted from taking the Qualifying Examination for Commissioned Ranks.”.
Regulation 14 of the Australian Federal Police Regulations is amended—
(a) by inserting after sub-regulation (2) the following sub-regulation:
“(2A) The Commissioner may, at any time before the expiration of the period referred to in sub‑regulation (1) or (2) in relation to a person, annul the appointment of the person as a member.”;
(b) by omitting from sub-regulation (3) “On the expiration” and substituting “Where the Commissioner has not annulled the appointment of a person under sub-regulation (2A), the Commissioner may, on the expiration”; and
(c) by omitting from sub-regulation (3) “, the Commissioner may”.
5 After regulation 17 of the Australian Federal Police Regulations the following regulation is inserted in Division 1 of Part III:
Division not to apply in case of appointment in pursuance of section 26A of the Act
“17A. Where an appointment is to be made to a rank in the Australian Federal Police in pursuance of section 26A of the Act, the provisions of this Division do not apply to, or in relation to, the vacancy that is to be filled by that appointment.”.
Regulation 20 of the Australian Federal Police Regulations is amended—
(a) by omitting paragraphs (c) and (d) of sub-regulation (1) and substituting the following paragraphs:
“(c) 16 commissioned officers nominated by the Commissioner;
“(d) in respect of each association—36 persons nominated in accordance with the rules of the association.”;
(b) by omitting paragraph (c) of sub-regulation (4) and substituting the following paragraph:
“(c) a member of the Board, being—
(i) except where sub-paragraph (ii) applies–—a nominee of the relevant association in relation to the appellant or appellants; or
(ii) if there are 2 or more appellants and the relevant association in relation to one of them is an association other than the relevant association in relation to the other appellant, or any of the other appellants, as the case may be—a nominee of such association as the Chairman or the Deputy Chairman sitting for the purposes of the appeal, as the case may be, determines.”;
and
(c) by adding at the end thereof the following sub-regulation:
“(5) In sub-regulation (4), ‘relevant association’, in relation to an appellant in an appeal, means—
(a) where the appellant is a member of an association—that association; or
(b) where the appellant is not a member of an association—the association nominated by the appellant in the notice referred to in sub-regulation 26 (3) in relation to the appeal.”.
Regulation 21 of the Australian Federal Police Regulations is amended by omitting from sub-regulation (2) “such remuneration and allowances as are specified” and substituting “such remuneration (if any) and such allowances (if any) as the Minister determines and specifies”.
Regulation 23 of the Australian Federal Police Regulations is amended by omitting sub‑regulation (2).
9 After regulation 23 of the Australian Federal Police Regulations the following regulation is inserted:
Termination of appointment “23A. (1) Where, before the expiration of the term of office of a member of the Board nominated by the Commissioner or nominated in accordance with the rules of an association, the Commissioner or the committee of management of the association, as the case may be, recommends to the Minister that the appointment of the member be terminated, the Minister shall, by writing under his hand, terminate the appointment of the member.
“(2) In sub-regulation (1), ‘committee of management’, in relation to an association, means the group or body of persons (however described) that manages the affairs of the association.”.
Regulation 24 of the Australian Federal Police Regulations is amended—
(a) by omitting sub-regulation (1);
(b) by omitting from sub-regulation (2) “a prescribed person to act as Chairman, Deputy Chairman or member” and substituting “a person qualified for appointment as Chairman or Deputy Chairman to act as Chairman or Deputy Chairman”;
(c) by omitting from paragraph (a) of sub-regulation (2) “, a Deputy Chairman or a member” and substituting “or a Deputy Chairman”;
(d) by omitting from paragraph (b) of sub-regulation (2) “, the Deputy Chairman or the member” and substituting “or the Deputy Chairman”;
(e) by omitting from sub-regulation (5) “, Deputy Chairman or member” and “, the Deputy Chairman or the member” and substituting “or Deputy Chairman” and “or the Deputy Chairman” respectively;
(f) by omitting from sub-regulation (6) “, Deputy Chairman or member” and substituting “or Deputy Chairman”;
(g) by omitting from sub-regulation (7) “, Deputy Chairman or member” and substituting “or Deputy Chairman”;
(h) by omitting from paragraph (a) of sub-regulation (7) “, Deputy Chairman or the member” and substituting “or a Deputy Chairman”; and
(j) by omitting from paragraph (b) of sub-regulation (7) “, a Deputy Chairman or the member” and substituting “or a Deputy Chairman”.
Regulation 26 of the Australian Federal Police Regulations is amended by adding at the end thereof the following sub-regulation:
“(3) An appellant in an appeal shall, at the same time as he lodges the notice of appeal referred to in sub-regulation (2), lodge with the Secretary to the Board a notice in writing stating whether the appellant is a member of an association and—
(a) where the appellant is a member of an association—specifying the name of that association; or
(b) where the appellant is not a member of an association—nominating the association a nominee of which is to sit on the Board to be constituted for the purposes of the appeal.”.
Regulation 29 of the Australian Federal Police Regulations is amended—
(a) by omitting from sub-regulation (1) “The Board” and substituting “For the purpose of hearing an appeal, the Board”; and
(b) by omitting from sub-regulation (4) “Any member of the Board” and “an appeal” and substituting “Any of the members constituting the Board for the purposes of an appeal” and “the appeal” respectively.
Regulation 34 of the Australian Federal Police Regulations is amended—
(a) by omitting from sub-regulation (3) all words from and including “by elimination” and substituting “by reference to the level of the rank held by each of the members on the last day on which the 2 members held each a different rank”; and
(b) by omitting sub-regulation (4) and substituting the following sub-regulation:
“(4) For the purposes of section 36 of the Act, the relative seniority, on a particular day, of 2 members holding the same rank shall, if those members are persons who were appointed to that rank in pursuance of section 26A of the Act, be determined by reference to the relative seniority of those members as officers of the Australian Public Service on 7 November 1979.”.
14 Rules of association to contain certain provisions Regulation 38 of the Australian Federal Police Regulations is amended by omitting paragraphs (b) and (c) and substituting the following paragraphs:
“(b) for and in relation to the nomination from time to time of persons for appointment to the Promotion Appeals Board; and
“(c) for and in relation to the nomination from time to time of persons for appointment to the Disciplinary Board established under the Australian Federal Police (Discipline) Regulations.”.
Regulation 40 of the Australian Federal Police Regulations is repealed.
16 After regulation 43 of the Australian Federal Police Regulations the following regulation is inserted:
Delegation by Minister “43A. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer of the Department administered by the Minister any of his powers under these Regulations, other than this power of delegation.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Minister.
“(3) A delegation under this regulation does not prevent the exercise of a power by the Minister.”.
Regulation 44 of the Australian Federal Police Regulations is amended by inserting in sub-regulation (1) “a Deputy Commissioner or” after “delegate to”.
Schedule 2 to the Australian Federal Police Regulations is repealed and the following Schedule substituted:
Regulations 7 and 8
1 | Sergeant Protective Service Sergeant Senior Sergeant Protective Service Senior Sergeant | Senior Constable Qualifying Examination |
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Qualifying Examination for the Rank of Sergeant | The member must—
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2 | Station Sergeant |
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3 | Inspector Protective Service Inspector Chief Inspector Protective Service Chief Inspector Superintendent Chief Superintendent Assistant Commissioner | Qualifying Examination for Commissioned Ranks | The member must-
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Schedule 3 to the Australian Federal Police Regulations is amended by omitting from Column 1 “Police Officers’ ”.
1. Notified in the
Commonwealth of Australia Gazette on 12 June 1980.
2. Statutory Rules 1979 No. 210.
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