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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Australian
Federal Police Amendment Bill 1996
No.
,
1996
(Attorney-General)
A
Bill for an Act to amend the Australian Federal Police Act
1979
9605020—1,115/27.5.1996—(50/96) Cat. No.
96 4610 8 ISBN 0644
439955
Contents
A Bill for an Act to
amend the Australian Federal Police Act
1979
The Parliament of Australia enacts:
This Act may be cited as the Australian Federal Police Amendment Act
1996.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 18(2)
After “powers”, insert “(except a power to make an
appointment or promotion under subsection 25(1A))”.
2 Subsection 19(1)
After “powers”, insert “(except a power to make an
appointment or promotion under subsection 25(1A))”.
3 Subsection 25(1)
Omit “, or, if the Commissioner is authorized by the Governor-General
in writing to make appointments under this section, the Commissioner may, by
Commission”.
4 After subsection 25(1)
Insert:
(1A) If the Governor-General, in writing, authorises the Commissioner or a
Deputy Commissioner:
(a) to make appointments or promotions referred to in subsection (1);
or
(b) to make appointments or promotions referred to in subsection (1) to
positions within a specified rank;
the Commissioner or Deputy Commissioner may, by Commission, make such
appointments or promotions accordingly.
5 Subsection 26E(3)
Repeal the subsection.
6 After section 26E
Insert:
(1) If a person is retired under paragraph 26E(2)(b) because of his or her
conduct or behaviour and the Commissioner believes, on reasonable grounds, that
the conduct or behaviour, or any part of it:
(a) amounts to serious misconduct by the person; and
(b) is having, or is likely to have, a damaging effect on:
(i) the professional self-respect or morale of some or all of the members
or staff members; or
(ii) the reputation of the Australian Federal Police with the public, or
with any section of the public, or with an Australian or overseas government or
law enforcement agency;
the Commissioner may make a declaration to that effect.
(2) A declaration must be made in writing as soon as possible, but not
later than 24 hours, after the Commissioner makes the determination under
paragraph 26E(2)(b).
(3) The Commissioner must cause a copy of a declaration to be given to the
person to whom it relates.
(4) If the Commissioner makes a declaration in relation to a person who is
retired under paragraph 26E(2)(b), the person is excluded, in respect of that
retirement, from the operation of Subdivisions B, C, D and E of Division 3 of
Part VIA of the Industrial Relations Act 1988.
(5) In this section:
serious misconduct means:
(a) corruption, a serious abuse of power, or a serious dereliction of
duty; or
(b) any other seriously reprehensible act or behaviour by a person,
whether acting, or purporting to act, in the course of his or her duties as a
member or staff member or not.
7 Subsection 34(5)
Omit “member” (wherever occurring), substitute
“person”.
8 Subsection 34(5)
After “association of members”, insert “or staff
members”.