Commonwealth Police Regulations (Cth)

STATUTORY RULES.

1960. No. 24.

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REGULATIONS UNDER THE COMMONWEALTH POLICE ACT 1957.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council hereby make the following Regulations under the Commonwealth Police Act 1957.

Dated this 14th day of April, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

Attorney-General.

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COMMONWEALTH POLICE REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Commonwealth Police Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-7).

Part II.—General Government of the Commonwealth Police Force (Regulations 8-12).

Part III.—Discipline.

Division 1.—Disciplinary Offences (Regulations 13-28).

Division 2.—Punishment of Disciplinary Offences (Regulations 29-34).

Division 3.—Appeals against Punishment (Regulations 35-53).

Division 4.—Miscellaneous (Regulations 54-56).

Part IV.—Protection of Commonwealth Police Officers (Regulations 57-59).

Interpretation.

3.—(1.) In these Regulations, unless the contrary intention appears—

“District” means the Head Office District or another District determined by the Attorney-General under regulation 8 of these Regulations;

“general order” means a general order issued by the Commissioner under regulation 10 of these Regulations;

 

* Notified in the Commonwealth Gazette on 14 April, 1960.

3170/58.––Price 8d. 10/1.4.1960.

“member” means—

(a) a Commonwealth Police Officer appointed under section 5 of the Act; and

(b)a special Commonwealth Police Officer appointed under section 10 of the Act, not being a special Commonwealth Police Officer who has been appointed on terms and conditions that include a provision that these Regulations do not apply to and in respect of the officer;

“officer-in-charge” means the officer-in-charge of a District;

“the Act” means the Commonwealth Police Act 1957;

“the Commissioner” means the Commissioner of Police;

“the Deputy Commissioner” means the Deputy Commissioner of Police;

“the Police Force” means the Commonwealth Police Force constituted in pursuance of the Act;

“the Secretary” means the Secretary to the Attorney-General’s Department.

(2.) For the purpose of these Regulations, a member shall be deemed to be under the control, direction or supervision of another member if that other member is senior in rank to the first mentioned member.

(3.) Where two or more members hold the same rank—

(a) the member who was appointed to the rank before another member shall be deemed to be senior in rank to the other member; and

(b)if two members were appointed to the same rank on the same day, the Secretary shall determine which of the members is the senior in rank.

The executive officers of the Police Force.

4. The persons for the time being occupying, or performing the duties, of the office of Commissioner of Police and the office of Deputy Commissioner of Police in the Public Service of the Commonwealth shall be executive officers of the Police Force.

Persons not required to pass the medical examination.

5. A person who was, immediately before the commencement of the Act, a Commonwealth Peace Officer appointed under the Peace Officers Act 1925 shall not be required to pass the medical examination referred to in paragraph (b)of sub-section (3.) of section 5 of the Act.

General administration of the Police Force.

6. The Commissioner shall, subject to the Act and these Regulations be responsible to the Secretary for the general administration and the efficient operation of the Police Force.

Delegations.

7.—(1.) The Attorney-General, the Secretary or the Commissioner may, either generally or in relation to a matter or class of matters and either in relation to the whole of the Commonwealth or to a State or part of the Commonwealth, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation).

(2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

(3.) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Attorney-General, the Secretary or the Commissioner, as the case may be.

Part II.—General Government of the Commonwealth Police Force.

Police Districts and officers-in-charge of Police Districts.

8.—(1.) For the purposes of the government of the Police Force, the Police Force shall be divided into a Head Office District and such other Districts as the Attorney-General determines.

(2.) The Commissioner shall be the officer-in-charge of the Head Office District.

(3.) The officer-in-charge of a District other than the Head Office District, shall be a member of such rank as the Attorney-General directs, or a member for the time being performing the duties applicable to that rank.

(4.) The Commissioner may, in relation to a District, exercise any power or perform any function vested in the officer-in-charge of that District by these Regulations.

Exercise of powers and functions by a Deputy Commissioner.

9. During the absence of the Commissioner from duty, the Deputy Commissioner may exercise the powers and perform the functions of the Commissioner under these Regulations.

Duties of members.

10. The Commissioner may, with the approval of the Secretary, issue general orders, not inconsistent with the Act or these Regulations, specifying the conduct, duties and responsibilities of members of the Police Force.

Duties of officer-in-charge.

11.—(1.) The officer-in-charge of a District shall report to the Commissioner any contravention of, or failure to comply with, any of the provisions of the Act, these Regulations, a determination under the Act, the general orders or an instruction by a member of the Police Force in that District.

(2.) An officer-in-charge shall not, except in cases of urgency or compelling emergency, vary a general order and, in the event of a general order being so altered, the officer-in-charge shall report the matter to the Commissioner.

(3.) An officer-in-charge shall, whenever the circumstances so require, report to the Commissioner on any alterations which in the opinion of the officer-in-charge are necessary or expedient for the more economic or convenient working of the Police Force either generally or in the District of which he is officer-in-charge and shall draw the attention of the Commissioner to any other matter with which he thinks it desirable that the Commissioner should be acquainted.

(4.) The officer-in-charge of a District shall take such action as is necessary to ensure—

(a)that each member in the District is instructed as to the nature of his duties; and

(b)that a copy of the Act, these Regulations and all determinations, general orders and instructions applicable to a member are available for use by the member.

Recording of attendances.

12.—(1.) The officer-in-charge of a District shall provide such means by which each member performing duty in the District may record his attendances for duty as the Commissioner determines.

(2.) The Commissioner may exempt a member from the obligation to record his attendance for duty, but such an exemption does not authorize the member to absent himself from duty without permission, or to leave his office or station during his hours of duty, except in the course of his duty as a member.

Part III.—Discipline.

Division 1.—Disciplinary Offences.

Disciplinary Offences.

13. A member who—

(a)is guilty of disgraceful or improper conduct, either in his official capacity or otherwise;

(b)is negligent or careless in the discharge of his duties;

(c) acts in a disorderly manner or in a manner unbecoming a member of the Police Force;

(d)acts in a manner that is prejudicial to the good order and discipline of the Police Force;

(e) acts in a manner likely to bring discredit to the reputation of the Police Force;

(f) uses intoxicating liquor or drugs to excess;

(g)is, while on duty, under the influence of liquor or drugs; or

(h)contravenes, or fails to comply with, a provision of these Regulations,

is guilty of a disciplinary offence and is subject to punishment in accordance with the next succeeding Division.

Performance of duties.

14. A member—

(a)shall, during his hours of duty, devote himself exclusively and zealously to the discharge of his duties;

(b)shall behave at all times with courtesy to the public;

(c) shall give prompt attention to all matters that come within the scope of his duties;

(d)shall promptly carry out all his duties; and

(e)shall comply with and give effect to such of the provisions of the Act and of these Regulations and to such determinations, general orders and instructions as are applicable to him in the performance of his duties.

Absence from duty.

15. A member shall not, without the permission of a member under whose control, direction or supervision he performs his duties, absent himself from duty during his hours of duty.

Obedience to lawful instructions.

16. A member shall promptly obey all lawful instructions given to him by a member under whose control, direction or supervision he performs his duties.

Members not under immediate supervision to keep diary.

17.—(1.) A member who is not immediately under supervision shall keep a diary in which he shall, each day, enter particulars of the duties performed by him and the time occupied in the performance of those duties.

(2.) A member shall, whenever required by a senior member under whose authority he is placed or by a person authorized by the Commissioner, produce the diary for inspection.

Public comment.

18. A member shall not publicly comment on the administration of the Police Force.

Secrecy.

19. A member shall not, except in the course of his duties or with the prior written approval of the Commissioner, disclose either directly or indirectly—

(a) any information gained by, or conveyed to, him by reason of the fact that he is a member of the Police Force; or

(b)any information concerning the work performed by, or the duties of, members of the Police Force.

Influence not to be sought.

20. A member shall not seek the influence or interest of any person for the purpose of obtaining promotion, transfer or any other benefit or advantage.

Solicitation of gifts.

21. A member shall not, either directly or indirectly, solicit or accept a gift or present from any person concerned directly or indirectly with any matter in which the member or the Police Force is interested or concerned.

Certificate as to performance of duties.

22. A member, other than an officer-in-charge, shall not give a certificate concerning the manner in which a member has performed his duties as a member.

Performance of work outside the Police Force.

23.—(1.) A member shall not, except with the express permission in writing of the Secretary—

(a)accept or continue to hold, discharge the duties of, or be employed in, a paid office in connexion with any business, whether carried on by a body corporate, partnership or an individual;

(b)engage in business, whether as a principal or agent;

(c) engage or continue in the private practice of, a profession, occupation or trade or enter into employment, whether remunerative or not, in a profession, occupation or trade with a body corporate, partnership or individual; or

(d)accept or engage in any remunerative employment other than in connexion with his duties as a member of the Police Force.

(2.) The last preceding sub-regulation does not prevent a member of the Police Force from becoming a member or shareholder of an incorporated company or of a company or society of persons registered under the law of a State or Territory of the Commonwealth, but, except as provided by the next succeeding sub-regulation, a member of the Police Force shall not take any part in the conduct of the business of the company or society otherwise than in the exercise of his rights as a member or shareholder of the company or society.

(3.) A member of the Police Force may, with the express approval of the Secretary, act as a director of a co-operative society which is registered under the law of a State or Territory of the Commonwealth and does not enter into contracts for the supply of goods or services to the Commonwealth.

(4.) The Secretary may, at, any time, withdraw a permission granted under this regulation.

Monetary transactions between members prohibited.

24. A member shall not—

(a) borrow money from another member; or

(b)be a party to any transaction with another member, either as principal or agent, whereby any interest or the return of money or kind is to be charged or paid.

Care of property of the Commonwealth.

25. A member shall take appropriate care of all property of the Commonwealth in his possession, custody or care and shall take such steps as are necessary to preserve the property of the Commonwealth and to ensure the economical use of the property of the Commonwealth.

Fines payable to a member to be paid into Consolidated Revenue.

26. Where a court before whom a person is convicted of an offence orders that the whole or part of the penalty imposed on the person be paid to a member, the member shall—

(a)immediately notify the Commissioner of the fact;

(b)as soon as practicable after the member receives payment of the penalty or a part of the penalty, pay the amount into Consolidated Revenue; and

(c) furnish to the Commissioner evidence that the amount has been so paid.

Entering into contracts.

27. A member shall not, unless he is expressly authorized so to do—

(a)enter into any contract, or incur any liability, on behalf of the Commonwealth; or

(b)alter or purport to alter the terms or conditions of any contract entered into on behalf of the Commonwealth.

Recording of attendances.

28. A member, not being a member exempted by the Commissioner under sub-regulation (2.) of regulation 12 of these Regulations, shall record daily, in the means of recording attendances provided by the Commissioner, the actual time of his arrival on duty and his departure from duty.

Division 2.—Punishment of Disciplinary Offences.

Charge for disciplinary offence.

29.—(1.) Where the Commissioner has reason to believe that a member has committed a disciplinary offence, the Commissioner may charge the member with the offence.

(2.) The Commissioner shall, as soon as practicable after the charge has been made against the member, cause a copy of the charge to be served on the member together with a notification requiring the member to reply, within a time specified in the notification, to the charge and to give any explanation that the member may wish to give in relation to the charge.

(3.) If the member does not reply to the charge within the time specified in the notification, the member shall be deemed to have denied the allegations contained in the charge.

Suspension from duty.

30.—(1.) If the Commissioner considers that the disciplinary offence with which a member is charged is of such a serious nature that the member should not continue to perform his duties until the charge is disposed of, the Commissioner may suspend the member from duty.

(2.) The Commissioner may suspend a member either before, at the time of, or subsequent to, the making of a charge against the member.

(3.) If a member is of the opinion that another member who isunder the control, direction or supervision of the first mentioned member is, by reason of indulgence in intoxicating liquor or drugs, incapable of performing his duties efficiently, the first-mentioned member shall forthwith suspend the other member from duty and report the fact to the Commissioner.

(4.) The Commissioner may at any time before the determination of the hearing of the charge remove the suspension of a member and shall in any case, where the charge is dismissed, immediately remove the suspension.

(5.) A member who has been suspended from duty under this regulation shall, unless the Secretary otherwise directs, be paid his salary during the period of suspension.

Determination of the charge.

31. If, after considering the reports relating to the alleged disciplinary offence and the reply and explanation of the member charged and any other circumstances which the Commissioner considers relevant, the Commissioner is satisfied that the member has committed the disciplinary offence, the Commissioner shall find the member guilty of the disciplinary offence, but, if not so satisfied, the Commissioner shall dismiss the charge.

Punishment.

32.—(1.) Where the Commissioner finds that a member has committed a disciplinary offence, the Commissioner may—

(a) caution or reprimand the member;

(b)fine the member an amount not exceeding Twenty pounds;

(c) reduce the member to a lower rank;

(d)reduce the rate of salary of the member to a rate of salary within the limits of salary fixed for the rank held by the member;

(e) transfer the member to another locality; or

(f) recommend to the Attorney-General that the member be dismissed from the Police Force.

(2.) The punishment referred to in paragraph (e) of the last preceding sub-regulation may be imposed in addition to the punishment of a fine, reduction to a lower rank or reduction in salary.

Commissioner to notify member and Secretary of his decision.

33. The Commissioner shall—

(a)cause a copy of his decision to be served on the member charged with the offence; and

(b)forward a copy of his decision to the Secretary.

Dismissal from the Police Force.

34. Where—

(a) the Commissioner has recommended that a member be dismissed from the Police Force; and

(b)the member does not appeal against the recommendation of the Commissioner,

the Attorney-General may dismiss the member or impose such other punishment as he considers the circumstances justify.

 

Division 3.—Appeals against Punishment.

Right of appeal in certain cases.

35.—(1.) Where

(a) the Commissioner has imposed on a member a punishment, other than—

(i) a caution or reprimand;

(ii) a fine not exceeding Five pounds;

(b)the Commissioner has recommended to the Attorney-General that a member be dismissed from the Police Force;

(c) the Commissioner has imposed a punishment on a member who, having been suspended from duty, was deprived of an amount of salary exceeding Five pounds; or

(d)the Commissioner has imposed on a member a fine not exceeding Five pounds and the amount of the fine and the amount of salary of which the member was deprived by reason of having been suspended together exceed Five pounds,

the member may appeal against the decision or recommendation of the Commissioner.

(2.) An appeal by a member—

(a) shall be in accordance with the form in the First Schedule to the Regulations;

(b)may be made on the ground of innocence of the charge or against the severity of the punishment; and

(c) shall be lodged with the Secretary within seven days after the decision of the Commissioner is served upon the member.

Appeal to be heard by Appeal Board.

36.—(1.) An appeal under the last preceding regulation shall be heard by an Appeal Board consisting of a Chairman and two other persons.

(2.) The Chairman shall be appointed by the Secretary.

(3.) One of the members of the Appeal Board shall be a person appointed by the Commissioner and the other member of the Appeal Board shall be a member elected by and from the members of the Police Force.

(4.) The Chairman of the Appeal Board shall not, whilst acting as Chairman, be subject to direction by any person or authority.

(5.) A member of the Appeal Board shall not be a person in any way concerned in, or in connexion with, the charge against the appellant or a person who may be, in any way, affected by the decision of the Appeal Board.

Election of members’ representative on Appeal Board.

37.—(1.) The election by members of a member of the Appeal Board representing members shall be carried out in such manner as the Attorney-General directs.

(2.) The Attorney-General may, in a direction under the last preceding sub-regulation, make provision for the election of a member of the Appeal Board representing members and of such number of deputies of that member as he considers necessary.

Appeal to be forwarded to the Appeal Board.

38. The Secretary shall, within seven days after the receipt of an appeal, refer the appeal to the Chairman of the Appeal Board and notify him of the name of the person appointed by the Commissioner as a member of the Appeal Board.

Time and place for the hearing of the Appeal.

39.—(1.) The Chairman of the Appeal Board shall, as soon as practicable and in any case not later than seven days after he receives the appeal, fix a time, date and place for the hearing of the appeal and shall notify the Commissioner and the appellant of the date, time and place so fixed.

(2.) In fixing the date, the Chairman shall—

(a) fix a date not earlier than seven days after the date on which the appellant would in the ordinary course of post receive the notification; and

(b)take into consideration the time that will be required for the member who has lodged the appeal to travel to the place at which the appeal is to be heard.

Members’ Representative to be notified.

40. The Chairman shall, as soon as practicable after the appeal, notify the member of the Appeal Board representing the members of the time and place fixed for the hearing of the appeal, and if, for any reason that member of the Appeal Board is not able to act as member of the Appeal Board, the Chairman shall give the notification to a deputy of the member.

Circumstances in which members’ representative or deputy not to act.

41. The member of the Appeal Board representing members, or a deputy of that member, who is in any way concerned in the charge against which an appeal is made or may be in any way affected by the decision of the Appeal Board, shall not act as a member of the Appeal Board and shall notify the Chairman accordingly.

Two members may constitute Appeal Board.

42.—(1.)The Appeal Board may, with the consent of the Commissioner and the appellant, be constituted by two members and a Board so constituted may exercise all the powers of an Appeal Board under this Division.

(2.) The person who presides at a meeting of the Appeal Board when it is constituted by two members has all the powers and functions of the Chairman.

Oath to be taken by member of Appeal Board.

43. A member of the Appeal Board shall, before proceeding to perform the duties or exercise the powers or functions of a member of the Appeal Board, take an oath or make an affirmation before the Secretary or a person authorized by the Secretary for the purpose, in the form in the Second Schedule to these Regulations.

Copies of documents to be supplied to the appellant.

44. The Commissioner shall, where practicable, cause to be furnished, at least seven days before the date fixed for the hearing of an appeal, to a member who has lodged the appeal a copy of all documents intended to be used by the Commissioner on the hearing of the appeal.

Procedure on hearing of Appeal.

45.—(1.) At the hearing of an appeal, the Commissioner shall be the respondent to the appeal.

(2.) At the hearing of an appeal, the appellant and the Commissioner may call evidence, may examine and cross-examine witnesses and may address the Appeal Board.

(3.) At the hearing of an appeal, the appellant may be represented by not more than one counsel or solicitor or by a member acting on his behalf.

(4.) At the hearing of an appeal, the Commissioner may be represented by not more than one counsel or solicitor or by a member appointed for the purpose by the Commissioner.

(5.) At the hearing of an appeal, the Appeal Board may take evidence on oath and the Chairman may, for the purposes of this sub-regulation, administer an oath to a witness.

Board not to be bound by legal technicalities.

46.—(1.) The Appeal Board shall make a thorough investigation into the subject-matter of the charge without regard to legal forms and solemnities.

(2.) The Appeal Board is not bound by legal rules of evidence but may inform itself on any matter in such manner as it thinks fit.

Appeal to be in camera.

47. The hearing of an appeal by the Appeal Board shall not, unless the Board otherwise determines, be open to the public.

Summons to witness.

48.—(1.) The Chairman of an Appeal Board may, by writing under his hand, summon any person to attend before the Appeal Board at a time and place mentioned in the summons and then and there to give evidence and to produce any books, documents and writings in his custody or control which he is required by the summons to produce.

(2.) A summons under the last preceding sub-regulation shall be served personally or by leaving it with a person apparently over the age of sixteen years at the usual place of abode of the person to whom it is addressed.

(3.) A person who is served with a summons to attend before the Appeal Board shall not, without reasonable excuse—

(a)fail to attend before the Board at the time and place specified in the summons;

(b)fail to produce any documents, books or writings in his custody or control which he is required to produce; or

(c) withdraw from the presence of the Appeal Board unless the Appeal Board grants permission for him to do so.

Penalty: Fifty pounds.

(4.) A person (whether or not he has been served with a summons) who is called to give evidence before the Appeal Board shall not refuse—

(a) to be sworn or to make an affirmation; or

(b)to answer any question relevant to the matter before the Appeal Board put to him by a member of the Board.

Penalty: Fifty pounds.

(5.) Nothing in the last preceding sub-regulation requires a person to answer any question the answer which would tend to criminate him.

(6.) It is a defence to a prosecution for an offence against paragraph (b)of sub-regulation (3.) of this regulation if the defendant proves that the documents, books or writings were not relevant to the matter before the Appeal Board.

Proceedings where appellant or witness in remote locality.

49.—(1.) Where it appears to the Appeal Board that it is undesirable by reason of an appellant being stationed in a remote locality or by reason of expense, inconvenience or delay to require the appellant or any particular witness to attend before the Appeal Board to give evidence, the Appeal Board may, by order in writing under the hand of the Chairman, appoint some fit and proper person to take the evidence of the appellant or witness.

(2.) The person so appointed shall take the evidence of the appellant or witness on oath or affirmation and, for the purpose of so doing, has all the powers of the Chairman of the Appeal Board.

(3.) A witness summoned to attend before a person so appointed is subject to the requirements of these Regulations in relation to the giving of evidence as if he had been summoned to attend before the Appeal Board.

(4.) The evidence so taken shall be certified under the hand of the person taking it and forwarded to the Appeal Board and considered by it in connexion with the appeal.

(5.) A party to an appeal is entitled to be represented, in the manner provided by regulation 45 of these Regulations, before a person taking evidence in pursuance of this regulation.

(6.) Nothing in this regulation prevents an appellant from appearing in person at the hearing of an appeal by an Appeal Board.

Decision of the Board.

50.—(1.) The Appeal Board may confirm, annul or vary the decision: against which an appeal is brought.

(2.) The Appeal Board may vary the decision by imposing any punishment that the Commissioner is, by paragraph (a),(b),(c), (d) or (e) of regulation 32 of these Regulations, authorized to impose or by recommending that the appellant be dismissed.

(3.) The decision of the Appeal Board, shall, subject to the next succeeding sub-regulation, be final.

(4.) Where in any case the Appeal Board—

(a)confirms the decision of the Commissioner by which the Commissioner has recommended to the Attorney-General that a member be dismissed from the Police Force; or

(b)varies the decision of the Commissioner by recommending to the Attorney-General that the member be dismissed from the Police Force,

the Chairman of the Appeal Board shall refer the appeal to the Attorney-General.

Dismissal by the Attorney-General.

51. Where the Appeal Board refers an appeal to the Attorney-General, the Attorney-General may dismiss the member or impose such other punishment as he considers the circumstances justify.

Decision of Appeal Board.

52. A statement of the decision of the Appeal Board under the hand of the Chairman shall be furnished to the Secretary, the Commissioner and the appellant within seven days after the decision is made.

Costs of Appeal.

53.—(1.) The Appeal Board may recommend that all or any part of the costs or expenses incurred by an appellant in connexion with an appeal be paid by the Commonwealth, in which case the Commonwealth shall make payment accordingly.

(2.) The Appeal Board may make a recommendation under the last preceding sub-regulation, whether or not the appeal was successful.

Division 4.—Miscellaneous.

Previous record of the member to be taken into account.

54. The Commissioner, the Appeal Board or the Attorney-General shall, in imposing a punishment, take into consideration the previous record and conduct of the member.

Conviction for criminal charge.

55.—(1.) Where a member is charged with having committed an offence against the law of the Commonwealth or of a State or of a Territory of the Commonwealth, punishable either on indictment or on summary conviction, the Commissioner may suspend the member from duty.

(2.) If, upon the hearing of the charge by a court, the member is found guilty of the offence, the Attorney-General may (whether the officer has been suspended or not) dismiss the member from the Police Force or inflict any other punishment that the Commissioner may, under regulation 32 of these Regulations, impose on a member who has committed a disciplinary offence.

(3.) The Commissioner may at any time remove the suspension of any member suspended under this section, whether before or after conviction.

(4.) A member who is suspended or dismissed under this regulation shall not, unless the Secretary otherwise directs, be paid salary during the period of suspension, or after the time from which he ceased to perform his duties, as the case may be.

(5.) Where a person has been dismissed under sub-regulation (2.) of this regulation, but—

(a)the conviction or finding has subsequently been quashed;

(b)the person has received a pardon;

(c) the conviction or finding has otherwise been nullified; or

(d)the person has been released from prison as a result of an inquiry into the conviction,

the Attorney-General may re-appoint the person as a member of the Police Force.

(6.) Where a person is re-appointed as a member of the Police Force under the last preceding sub-regulation—

(a) the person shall be deemed to have been, during the period which commenced on the date of his dismissal and ended on the date of his re-appointment, on leave of absence without pay; and

(b)that period shall, for all purposes other than the payment of salary, be counted as a period of service as a member.

Bankrupt members.

56. A member who becomes a bankrupt—

(a)shall forthwith give notice to the Commissioner of the fact that he has become a bankrupt; and

(b)shall, as and when required to do so by the Commissioner, furnish such information in relation to his bankruptcy as the Commissioner requires.

Part IV.—Protection of Commonwealth Police Officers.

Definition.

57. In this Part, “Commonwealth Police Officer” means—

(a)a Commonwealth Police Officer appointed under section 5 of the Act; and

(b)a special Commonwealth Police Officer appointed under section 10 of the Act.

Protection to members acting in obedience to a warrant.

58.—(1.) An action is not maintainable against a Commonwealth Police Officer for any act done by him in the execution of, or in obedience to, a writ or warrant executed by him.

(2.) The last preceding sub-regulation applies notwithstanding—

(a)any irregularity in the issuing of a writ or warrant; or

(b)any want of jurisdiction on the part of the court or person by whom the writ or warrant was issued.

Limitation of actions.

59.—(1.) Subject to this regulation, an action against the Commonwealth, the Commissioner, the Deputy Commissioner or a Commonwealth Police Officer for any act done in pursuance of the duties of a Commonwealth Police Officer or in obedience to instructions received by a Commonwealth Police Officer is not maintainable unless notice in writing of intention to commence the action has, before the action is commenced and not later than six months after the date upon which the liability arose, been served on the Crown Solicitor for the Commonwealth and, if the action is brought against the Commissioner, the Deputy Commissioner or a Commonwealth Police Officer either alone or as a joint defendant, also on the Commissioner, the Deputy Commissioner or Commonwealth Police Officer, as the case may be.

(2.) The notice shall state—

(a)the cause of action;

(b)the time and place at which the cause of action arose; and

(c) the name and place of abode or business of the intended plaintiff and of his solicitor (if any).

(3.) The notice may be served upon a person by sending it by registered post addressed to him at his usual or last known place of abode or business.

(4.) Where the notice required by this regulation has not been served within the period specified in sub-regulation (1.) of this regulation, a Court may, in relation to an action sought to be commenced in that Court, if it is satisfied that, having regard to all the circumstances of the case, it would be reasonable to do so, permit the notice to be served within such further period as the Court thinks fit.

(5.) The provisions of this regulation are in addition to, and do not derogate from the operation of, any other law relating to the limitation of actions.

THE SCHEDULES.

First Schedule. Regulation 35.

NOTICE OF APPEAL.

Commonwealth Police Regulations.

To: The Secretary,

Attorney-General’s Department,

CANBERRA, A.C.T.

I, (full name), of (address), (rank and grade), hereby appeal against the decision or recommendation of the Commissioner of Police given on the   day of  19 , and served on me on the day of   19 .

The grounds of appeal are innocence of the charge/severity of the punishment.

Dated this  day of  19 .

(Signature of Appellant).

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Second Schedule. Regulation 43.

OATH.

I, A.B., do swear that I will well and truly serve Our Sovereign Lady the Queen as a member of the Appeal Board constituted under the Commonwealth Police Regulations for the purpose of the appeal made by   and that I will perform the duties imposed and exercise the powers conferred on me as such a member without fear or favour, affection or ill-will.

So Help Me, God!

AFFIRMATION.

I, A.B., do solemnly and sincerely affirm and declare that I will well and truly serve Our Sovereign Lady the Queen as a member of the Appeal Board constituted under the Commonwealth Police Regulations for the purpose of the appeal made by    and that I will perform the duties imposed and exercise the powers conferred on me as such a member without fear or favour, affection or ill-will.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.