Federal Register of Legislation - Australian Government

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Australian Federal Police Amendment Act 1996

  • - C2004A05047
  • No longer in force
Act No. 27 of 1996 as made
An Act to amend the Australian Federal Police Act 1979
Originating Bill: Australian Federal Police Amendment Bill 1996
Date of Assent 08 Jul 1996
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

AUSTRALIAN FEDERAL POLICE AMENDMENT ACT 1996 No. 27, 1996

Making Information - Assented to 8 July 1996

AUSTRALIAN FEDERAL POLICE AMENDMENT ACT 1996 No. 27 of 1996 - TABLE OF PROVISIONS

Contents
1 Short title
2 Schedule(s)
Schedule 1-Amendment of the Australian Federal Police Act 1979

AUSTRALIAN FEDERAL POLICE AMENDMENT ACT 1996 No. 27 of 1996 - LONG TITLE

An Act to amend the Australian Federal Police Act 1979

AUSTRALIAN FEDERAL POLICE AMENDMENT ACT 1996 No. 27 of 1996 - SECT 1
1 Short title

This Act may be cited as the Australian Federal Police Amendment Act 1996.


(Minister's second reading speech made in-
Senate on 29 May 1996
House of Representatives on 26 June 1996)

AUSTRALIAN FEDERAL POLICE AMENDMENT ACT 1996 No. 27 of 1996 - SECT 2
2 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

AUSTRALIAN FEDERAL POLICE AMENDMENT ACT 1996 No. 27 of 1996 - SCHEDULE

Schedule 1-Amendment of the Australian Federal Police Act 1979
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:
26F Declaration of serious misconduct
(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".