Police Regulations (ACT)

Regulations under the Police Ordinance 1927.

I F R A N K the Police Ordinance 1927, hereby make the following Regulations to

B R E X N A N , the Attorney-General of the Commonwealth

, of Australia, in pursuance of the powers conferred upon me by

come into operation forthwith.

Dated this 10th day of March, 1930.

F R A N K B R E N N A N •'

Attorney-General.

1'OLi OK R EGULATTONS.

1. The Regulations may he cited as tlie Police Regulations.8hor t title. 2.— (1) In these Regulations, unless the contrary intention Definitions,

appears:—

" Member of the Police Force " means any sergeant or constable

of the Police Force;

" the Territory " means the Territory for the Seat of Govern-

ment.

{•2) In the construction of these Regulations, the rules and prin-

ciples of interpretation set out in the Acts Interpretation	Act 1901-1918,
and the Acts Interpretation	Act 1904-1916, for the interpretation of
Acts shall apply mutatis	mutandis.
3. In the case of illness or absence from the Territory of the Chief	Appollltmont

Officer, or for any other cause, the Attorney-General may appoint any g(^f^|col.
person to act on his behalf, and to perform all or any of the duties
imposed upon the Chief Officer by or under the Police Ordinance 1927

or these Regulations.

4. The Chief Officer shall, under the direction of the Attorney- Besponsibmties.

General, be charged with the superintendence of the Police Force, and oi tho	Chief
shall be held accountable for its organization, discipline, and efficiency.

5. Any sergeants and constables, whether appointed before or after Authority

the making of these Regulations, shall have all such powers, privileges, £„!Constables,
and advantages and be liable to all such duties and responsibilities as are
conferred or imposed upon any constable either by the common law, or

by virtue of any law for the time being in force in the Territory.

6. A person shall not be appointed as a member of the Police Force poiico to be oi

unless he is of sound constitution, able-bodied, and under the age of sound

1 • r r i i •• i n i l - 1 , ° •. constitution,

thirty-live years, oi good character tor honesty, fidelity, and activity, &c.
and qualified to pass the standard of education fixed from time to time
for the admission of candidates.

7. A person who has been convicted of any indictable oifence or who convicted is engaged in any capacity or business whatsoever which may interfere Jjoftobo with the proper performance of the duties of the Police Force shall not appointed, be appointed a member of tbe Police Force.

monwealth or of a State.

8. Any member of the Police Force who has been convicted of any convicted

indictable offence or who engages in any other capacity or business t/ieForeeto
whatsoever which interferes with the proper performance of his duties be dismissed.
as such member shall forfeit his appointment as a member of the Police
Force, and all salary or gratuity payable to him as such.

9. If any question arises as to the right of any member of the Police Repute to be Force to hold or execute his office, common reputation shall be deemed appointment evidence of such right, and it shall not be necessary to have or produce

any written appointment, or any oath, affidavit, or other document or

matter whatsoever in proof of such right.

10.—(1) A member of the Police Force shall obey and execute PoUce to obey

m all cases every lawful summons, warrant, execution, order and com- commands of

mand of any Court having jurisdiction in the Territory.	°ourta '
(2) A member of the Police Force shall execute all process directed to him or to the Chief Officer for levying the amount of any recognizance forfeited to His Majesty, or of any fine imposed upon any juror, wit- ness party, or person at any sitting of any Court having jurisdiction m the Territory or any other fine imposed under any law of the Com-

(3) Any process, warrant, order, or command of any magistrate directed, delivered or given to any member of the Police Force may he executed and enforced by any other member of the Police Force and any such member shall have the same rights, powers and authorities for and in the execution of such process, warrant, order, or command as if the process, warrant, order or command had originally been directed to him by name.

offences	11.—(1) Any member of the Police Force who—
punishable by
Chief officer.	(«) wilfully disobeys or disregards any lawful order or com- mand made or given by any person duly authorized to make or give such order;
(b) is negligent or careless in the discharge of his duties; (c) is inefficient or incompetent through causes which appear to

be within his own control;

(d) uses intoxicating liquor or drugs to excess or is found drunk

on duty ;

(e) is guilty of any disgraceful or improper conduct, either in

his official capacity or otherwise;

( / ) commits any breach of discipline, or fails to comply with

the Rules and Instructions of the Police Force;

(</) having made or subscribed an oath or affirmation in accord- ance with section six of the Police Ordinance 1927 does or.says anything in violation of that oath or affirmation;

(/(•) publicly comments upon any administrative action or upon

the administration of any Department ;

( i) uses for any purpose, other than for the discharge of his official duties, information gained by or conveyed to him as a member of the Police Force ;

(j) discloses directly or indirectly the contents of official papers, information concerning public business or any matter of which he has official knowledge; or

(/•:) seeks the influence or interest of any person in order to obtain promotion, transfer or other advantage or supplies to another member for use for any such purpose certifi- cates or testimonials relating to official capacity or per- formance of official duties,

shall be guilty of an offence, and shall be liable to such punishment as
is hereinafter provided.

(2) The Chief Officer is hereby empowered to deal with all such offences in the first instauce, and if on consideration he is of opinion that an offence has been committed lie may caution or reprimand the offending member of the Police Force, or—

(a ) in the case of a constable, inflict a penalty not exceeding

Three pounds, and

(o) in the case of a sergeant, suspend him in rank or grade, with
loss of pay, for any period not exceeding three months:
Provided that, where the Chief Officer considers that the punish-
ments provided are inadequate by reason of the seriousness or aggra-
vated nature of the case, or that the general character or conduct of

the offender is so unsatisfactory that it may merit his discharge or dis-

missal, he shall refer the matter for the determination of the Attorney-General (who may, in the interests and efficiency of the Police Force,

dispense with the services of the offender accordingly.)

(3) Where an offender has been punished, cither by fine or by reduction in rank and pay, in accordance with the last preceding sub- regulation, the offender may appeal from the decision of the Chief Officer to the Attorney-General, provided that notice of appeal is lodged with the Chief Officer within forty-eight hours of the notification of the punishment so imposed having been received by the appellant, and the Attorney-General shall determine the appeal on its merits and his decision shall be final and conclusive.

Existing laws 12. Nothing contained in these Regulations shall be deemed to membm of the diminish the duties or restrict or affect the liabilities of members of the Force saved. p 0 i j c e Force at common law, or under any Act or Ordinance now in

force or hereafter to be in operation in the Territory.