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Peace Officers Regulations (Amendment)

Authoritative Version
  • - C1934L00053
  • No longer in force
SR 1934 No. 53 Regulations as made
These Regulations amend the Peace Officers Regulations 1928.
Gazetted 03 May 1934
Date of repeal 06 May 1942
Repealed by Peace Officers' Guard Regulations

STATUTORY RULES

1934. No. 53.

_________

REGULATIONS UNDER THE PEACE OFFICERS ACT 1925.

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 Peace Officers Act 1925.

Dated this second day of May 1934.

(Sgd.) ISAAC A. ISAACS.

Governor‑General.

By His Excellency’s Command,

C1934L00053.jpg

Acting Attorney‑General.

_____

Amendment of Peace Officers Regulations.

(Statutory Rules 1928, No. 115.)

1. After regulation 1 of the Peace Officers Regulations the following regulation is inserted:—

Definitions.

“1a. In these Regulations, unless the contrary intention appears—

‘Superintending Peace Officer’ means the Peace Officer appointed under the Act as Superintending Peace Officer;

‘Deputy Superintending Peace Officer’ means the Peace Officer appointed under the Act as Deputy Superintending Peace Officer;

‘Peace Officer’ means any Peace Officer or Special Peace Officer appointed under the Act to any rank or grade other than that of Superintending Peace Officer or Deputy Superintending Peace Officer; and

‘the Act’ means the Peace Officers Act 1925.”.

2. After regulation 2 of the Peace Officers Regulations the following regulations are inserted:—

Authority of Superintending Peace Officer.

“3. The Superintending Peace Officer shall be subject to the direction of the Attorney‑General.

396.—Price 3d.


 

Functions of Deputy Superintending Peace Officer.

“4. The Deputy Superintending Peace Officer shall, subject to the direction of the Superintending Peace Officer, have control of such Peace Officers as the Superintending Peace Officer directs.

Offences.

“5.—(1.) Any Peace Officer who—

(a) wilfully disobeys or disregards any lawful order or command 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 drunk on duty;

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

(f) commits any breach of discipline;

(g) having made or subscribed an oath or affirmation in accordance with section 3 of the Act does or says anything in violation of that oath or affirmation;

(h) uses for any purpose other than for the discharge of his official duties any information gained by or conveyed to him as a Peace Officer; or

(i) discloses, directly or indirectly, otherwise than in the course of his duty, the contents of official papers, information concerning public business or any matter of which he has official knowledge,

shall be guilty of an offence and shall be liable to such punishment as is prescribed in these Regulations.

“(2.) The Deputy Superintending Peace Officer may, if he is of opinion that a Peace Officer has committed an offence mentioned in sub‑regulation (1.) of this regulation—

(a) caution or reprimand the Peace Officer; or

(b) inflict on the Peace Officer a penalty not exceeding Two pounds; or

(c) report the Peace Officer to the Superintending Peace Officer.

“(3.) Where the Deputy Superintending Peace Officer reports a Peace Officer to the Superintending Peace Officer pursuant to sub‑regulation (2.) of this regulation, the Superintending Peace Officer may—

(a) inflict on the Peace Officer such penalty, either by fine not exceeding Ten pounds, or by reduction in rank or grade, with loss of pay, as he thinks fit; or

(b) recommend to the Attorney‑General that the Peace Officer be dismissed.

“(4.) A Peace Officer may appeal to the Superintending Peace Officer against any punishment inflicted on him by a Deputy Superintending Peace Officer.


“(5.) In the event of any appeal under the last preceding sub‑regulation, the Superintending Peace Officer may confirm or vary the punishment inflicted by the Deputy Superintending Peace Officer.

“(6.) On receipt of notice of any pecuniary penalty imposed upon any Peace Officer under the authority of these Regulations, the officer who pays the salary of the Peace Officer so punished shall, unless he is satisfied that payment of the amount of the penalty has been made, deduct from any salary payable to the Peace Officer the amount of the penalty.

“(7.) The deduction may be made by instalments equal as nearly as possible to one‑fourth of the salary due from time to time to the Peace Officer.

“(8.) All pecuniary penalties imposed under these Regulations shall be paid into and form part of the Consolidated Revenue.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.