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Act No. 166 of 1994 as amended, taking into account amendments up to Act No. 9 of 2006
An Act to amend the Complaints (Australian Federal Police) Act 1981, and for related purposes
Administered by: Attorney-General's
Registered 19 Apr 2006
Start Date 14 Jan 1995
End Date 10 Mar 2016
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016

Complaints (Australian Federal Police) Amendment Act 1994

Act No. 166 of 1994 as amended

This compilation was prepared on 4 April 2006

[This Act was amended by Act No. 43 of 1996; No. 9 of 2006]

Amendment from Act No. 43 of 1996

[Schedule 3 (item 9) amended Schedule 1, amendment of paragraph 25A(1)(a) of the Complaints (Australian Federal Police) Act 1981

Schedule 3 (item 9) commenced on 16 December 1994]

Amendment from Act No. 9 of 2006

[Schedule 2 (item 9) amended Schedule 1, the amendments of subsection 7(7) of the Complaints (Australian Federal Police) Act 1981

Schedule 2 (item 9) commenced immediately after 13 January 1995]

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department,
Canberra

  

  

  


COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166, 1994

Making Information

- Assented to 16 December 1994

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

TABLE OF PROVISIONS

TABLE

                         TABLE OF PROVISIONS

                         PART 1-PRELIMINARY

Section

    1.    Short title etc.

    2.    Definitions

    3.    Conciliation

    4.    Action consequential on report

    5.    Transfers to Investigation Division

    6.    Insertion of new section:

            19. False complaints and providing false information in

                relation to complaints

    7.    Insertion of new section:

            21A. Ombudsman may initiate investigation

    8.    Duties of Ombudsman with respect to complaints

    9.    Ombudsman may determine that complaint should not be

          investigated

   10.    Special or additional investigations conducted by Ombudsman

          under this Part

   11.    Power to obtain information and documents

   12.    Persons affected to be informed of results of investigation by

          Ombudsman

   13.    Ombudsman to inform complainant of results of investigation

   14.    Insertion of new section:

            38A.  Progress reports about complaints

   15.    Reports of special inquiries

   16.    Insertion of new Part:

            PART VA-UNDISPUTED CHARGES

            52A. Undisputed charges in respect of breaches of discipline

            52B. Commissioner may impose penalty

            52C. Ombudsman to be notified of penalty

            52D. Ombudsman may inform Attorney-General of penalty

            52E. Appeals

   17.    Charges in respect of breaches of discipline

   18.    Powers of Tribunal

   19.    Insertion of new section:

            88A. Offence of victimisation

   20.    Transitional provision

   21.    Other amendments to extend the application of the Complaints

          (Australian Federal Police) Act 1981 to AFP appointees

   22.    Other amendments to introduce gender-neutral terminology in

          the Complaints (Australian Federal Police) Act 1981

   23.    Other amendments to penalties

                               SCHEDULE 1

            OTHER AMENDMENTS TO EXTEND THE APPLICATION OF THE COMPLAINTS

               (AUSTRALIAN FEDERAL POLICE) ACT 1981 TO AFP APPOINTEES

                               SCHEDULE 2

            OTHER AMENDMENTS TO INTRODUCE GENDER-NEUTRAL TERMINOLOGY IN

                THE COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981

                               SCHEDULE 3

                    OTHER AMENDMENTS TO PENALTIES

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

LONG TITLE

SECT

        An Act to amend the Complaints (Australian Federal Police)

                  Act 1981, and for related purposes

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 1

Short title etc.

SECT

                               (Date of commencement 13 January 1995)

  1.(1) This Act may be cited as the Complaints (Australian Federal Police)

Amendment Act 1994.

  (2) In this Act, "Principal Act" means the Complaints (Australian Federal

Police) Act 1981.*1*

(Minister's second reading speech made in-

          Senate on 30 June 1994

          House of Representatives on 17 November 1994)

*1* No. 21, 1981, as amended. For previous amendments, see No. 62, 1983; Nos.

72 and 165, 1984; No. 122, 1985; No. 168, 1986; No. 141, 1987; No. 153, 1989

(as amended by No. 28, 1991); No. 11, 1990; Nos. 28 and 199, 1991; and No.

143, 1992.

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 2

Definitions

SECT

  2. Section 3 of the Principal Act is amended:

  (a) by omitting "a member" (wherever occurring) from the definition of

"minor complaint" in subsection (1) and substituting "an AFP appointee";

  (b) by omitting from subsection (1) the definitions of "member", "member of

the Australian Federal Police" and "staff member";

  (c) by inserting in subsection (1) the following definitions:

  " 'AFP appointee' means:

  (a) a member of the Australian Federal Police within the meaning of

subsection 6(2) of the Australian Federal Police Act 1979; or

  (b) a staff member of the Australian Federal Police within the meaning of

subsection 6(3) of that Act; or

  (c) a special member of the Australian Federal Police appointed under

section 27 of that Act;

  'Federal police officer' means:

  (a) a member of the Australian Federal Police within the meaning of

subsection 6(2) of the Australian Federal Police Act 1979; or

  (b) a special member of the Australian Federal Police appointed under

section 27 of that Act;";

  (d) by omitting from paragraph (3)(a) "members" (wherever occurring) and

substituting "AFP appointees";

  (e) by omitting from paragraph (3)(b) "member" (wherever occurring) and

substituting "AFP appointee";

  (f) by omitting from paragraphs (3)(ba), (bb), (bc) and (bd) "a member"

(wherever occurring) and substituting "an AFP appointee";

  (g) by omitting paragraph (3)(c) and substituting the following paragraph:

  "(c) a reference to the charging of an AFP appointee in respect of a breach

of discipline is a reference to the institution of proceedings against the

appointee in respect of the breach in accordance with the prescribed

regulations;".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 3

Conciliation

SECT

  3. Section 6B of the Principal Act is amended:

  (a) by omitting subsection (5) and substituting the following subsection:

  "(5) Evidence of a statement made or an answer given by an AFP appointee in

the course of an attempt under this section to resolve a complaint by

conciliation is not admissible against the appointee in any proceedings

(including proceedings in relation to a breach of discipline).";

  (b) by omitting subsection (7) and substituting the following subsection:

  "(7) For the purposes of subsection (1), a senior member is an AFP appointee

(other than the appointee against whom the complaint is made) whose

substantive rank is not lower than sergeant.".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 4

Action consequential on report

SECT

  4. Section 11 of the Principal Act is amended by inserting in paragraph

(1)(b) "or (3A)" after "subsection 26(3)".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 5

Transfers to Investigation Division

SECT

  5. Section 16 of the Principal Act is amended:

  (a) by omitting from subsections (1) and (2) "members" and substituting

"Federal police officers";

  (b) by omitting from subsection (2) "member" (wherever occurring) and

substituting "Federal police officer";

  (c) by omitting subsection (3) and substituting the following subsections:

  "(3) Subject to subsection (4), the Commissioner may direct a Federal police

officer serving in the Investigation Division to perform duties that are not

related to the Division's functions so long as those duties do not unduly

interfere with the performance by the Division of its functions.

  "(4) Subject to subsection (5), the Commissioner must not direct a Federal

police officer serving in the Investigation Division to investigate an offence

alleged to have been committed by a person other than an AFP appointee.

  "(5) A Federal police officer may investigate an offence alleged to have

been committed by a person other than an AFP appointee to the extent that such

an investigation is necessary to investigate an offence alleged to have been

committed by an AFP appointee.".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 6

SECT

  6. After section 18 of the Principal Act the following section is inserted:

False complaints and providing false information in relation to complaints

  "19.(1) A person must not make a complaint to which this Act applies to an

AFP appointee about action taken by an AFP appointee if the person knows that

the complaint is false in a material particular.

Penalty: 20 penalty units.

  "(2) A person must not, in relation to a complaint to which this Act

applies, provide information to an AFP appointee that the person knows to be

false in a material particular.

Penalty: 20 penalty units.

  "(3) Proceedings for an offence against this section must not be brought

except with the consent in writing of:

  (a) the Ombudsman or an authorised person; or

  (b) if the Ombudsman or an authorised person refuses to consent-the

Attorney-General.

  "(4) In this section:

  'authorised person' means a person who has been authorised in writing by the

Ombudsman to give consents under subsection (3).".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 7

SECT

  7. After section 21 of the Principal Act the following section is inserted:

Ombudsman may initiate investigation

  "21A.(1) The Ombudsman may, on his or her own initiative:

  (a) undertake an investigation of the actions of an AFP appointee; or

  (b) refer any matter relating to the actions of an AFP appointee (other than

a procedural matter) to the Investigation Division for investigation.

  "(2) In this section:

  'actions of an AFP appointee' includes actions taken by the appointee before

the commencement of this section;

  'procedural matter' means a matter that, in substance, relates to the

practices and procedures of the Australian Federal Police.".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 8

Duties of Ombudsman with respect to complaints

SECT

  8. Section 23 of the Principal Act is amended by omitting subsection (4) and

substituting the following subsection:

  "(4) If the Ombudsman has power under this Act and under paragraph 5(1)(b)

of the Ombudsman Act 1976 to investigate any action of an AFP appointee, the

Ombudsman cannot investigate the action under the Ombudsman Act 1976.

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 9

Ombudsman may determine that complaint should not be investigated

SECT

  9. Section 24 of the Principal Act is amended by inserting in subparagraph

(1)(b)(i) ", trivial" after "frivolous".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 10

Special or additional investigations conducted by Ombudsman under this Part

SECT

  10. Section 26 of the Principal Act is amended:

  (a) by omitting subsection (3) and substituting the following subsections:

  "(3) On completing an investigation the Ombudsman may, if he or she thinks

it appropriate to do so, when giving particulars of the results of his or her

investigation to the Commissioner under subsection 34(1):

  (a) recommend to the Commissioner that an AFP appointee be:

    (i) charged with an offence or a breach of discipline; or

    (ii) offered a caution or admonition for a breach of discipline;

that the Ombudsman thinks the appointee committed; or

  (b) forward to the Minister a request that the Minister cause an inquiry

under section 50 to be held into the action that was the subject of the

investigation; or

  (c) notify the Commissioner, in writing, that the Ombudsman thinks an AFP

appointee took action that the appointee should not have taken.

  "(3A) The Ombudsman may, in a notification under paragraph (3)(c), include

any recommendation (other than a recommendation referred to in paragraph

(3)(a) or (b)) that the Ombudsman thinks fit to make.

  "(3B) If the Ombudsman makes a recommendation under subsection (3A), the

Ombudsman may also request the Commissioner to give to the Ombudsman, within a

specified time, particulars of the action the Commissioner proposes to take as

a result of the recommendation.";

  (b) by omitting from subsection (5) "member" (wherever occurring) and

substituting "AFP appointee";

  (c) by adding at the end the following subsections:

  "(6) The Commissioner may give to the Ombudsman comments about a

notification given to him or her under paragraph (3)(c).

  "(7) Sections 32 and 33 apply to a recommendation made under subsection (3A)

of this section in the same manner as they apply in the same way as a report

to the Commissioner under section 31.

  "(8) On completion of an investigation the Ombudsman may, if he or she

thinks fit, give to any Department, body or person comments or suggestions

with respect to any matter relating to or arising out of the investigation.".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 11

Power to obtain information and documents

SECT

  11. Section 27 of the Principal Act is amended by adding at the end of

subsection (5) the following word and paragraph:

  "; or (f) proceedings in relation to a breach of discipline.".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 12

Persons affected to be informed of results of investigation by Ombudsman

SECT

  12. Section 34 of the Principal Act is amended:

  (a) by inserting in subsection (1) "or the actions of an AFP appointee"

after "complaint" (wherever occurring);

  (b) by omitting subsection (2);

  (c) by omitting from subsection (3) "an investigation of a complaint by him

or her." and substituting:

  "his or her investigation of:

  (a) a complaint; or

  (b) the actions of an AFP appointee.".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 13

Ombudsman to inform complainant of results of investigation

SECT

  13. Section 37 of the Principal Act is amended:

  (a) by omitting from subsection (1) ", being a complaint that was originally

referred to the Commissioner by the Ombudsman under section 23";

  (b) by omitting from paragraph (1)(b) "a member" and substituting "an AFP

appointee";

  (c) by omitting from subsection (2) "containing recommendations referred to

in paragraph 36(3)(a)" and substituting "or makes a recommendation in

accordance with subsection 36(3) or subsection 36(3A)".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 14

SECT

  14. After section 38 of the Principal Act the following section is

inserted:

Progress reports about complaints

  "38A.(1) The Ombudsman may, at any time, give a complainant a progress

report about a complaint to which this Act applies.

  "(2) A progress report may set out any information that the Ombudsman thinks

appropriate about the way in which the complaint is being dealt with under

this Act.

  "(3) A progress report is additional to any other report that must be given

to the complainant under this Act.".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 15

Reports of special inquiries

SECT

  15. Section 52 of the Principal Act is amended:

  (a) by omitting from subsection (1) "he" and substituting "the Minister";

  (b) by inserting in paragraph (2)(a) "paragraph 26(3)(b) or" after "under";

  (c) by omitting from paragraph (2)(b) "a member" and substituting "an AFP

appointee";

  (d) by omitting from paragraph (2)(b) "his" and substituting "the

Minister's";

  (e) by inserting in paragraph (2)(b) "or she" after "he".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 16

SECT

  16. After Part V of the Principal Act the following Part is inserted:

                   "PART VA-UNDISPUTED CHARGES

Undisputed charges in respect of breaches of discipline

  "52A.(1) If:

  (a) proceedings are begun by the Commissioner against an AFP appointee under

the prescribed regulations in respect of a breach of discipline; and

  (b) the proceedings are the result of:

    (i) the investigation of a complaint that was referred to the

Commissioner by the Ombudsman; or

    (ii) the investigation of a complaint (other than a complaint made

by a person known to the Commissioner to be an AFP appointee) that was

referred to the Investigation Division under section 6; or

    (iii) the investigation of the actions of the appointee by the

Ombudsman under Part III; and

  (c) the appointee admits the truth of the matters alleged to constitute the

breach;

the proceedings are to be heard and determined by the Commissioner, or by the

Disciplinary Tribunal, in accordance with the following subsections.

  "(2) If the Commissioner thinks that the public interest requires that the

proceedings be dealt with by the Tribunal, then the proceedings are to be

dealt with by the Tribunal under subsection 67(1).

  "(3) If the Commissioner does not think that the public interest requires

the proceedings to be dealt with by the Tribunal, and the Ombudsman agrees in

writing, then the proceedings are to be dealt with by the Commissioner.

  "(4) If:

  (a) the Commissioner does not think that the public interest requires the

proceedings to be dealt with by the Tribunal; and

  (b) the Ombudsman does not agree in writing;

the proceedings are to be dealt with by the Tribunal or by the Commissioner,

as the Attorney-General, in writing, directs.

  "(5) The following rules apply to a direction by the Attorney-General for

the purposes of subsection (4):

  (a) before giving the direction, the Attorney-General must consider any

relevant report, notification or recommendation and the results of any

relevant inquiries;

  (b) if the Attorney-General thinks that the public interest requires the

proceedings to be dealt with by the Tribunal-the Attorney-General must, in

writing, direct that they be dealt with by the Tribunal under subsection

67(1).

Commissioner may impose penalty

  "52B.(1) If, after hearing and determining proceedings, the Commissioner

finds an AFP appointee guilty of a breach of discipline, the Commissioner may,

subject to subsection (2), impose any penalty on the appointee in respect of

the breach that the Commissioner has power to impose in respect of such a

breach under the prescribed regulations.

  "(2) Unless the Commissioner has first complied with subsections (3) and

(4), the Commissioner must not impose a penalty under subsection (1) by way of

reducing an AFP appointee to a lower rank or level or dismissing the appointee

from the Australian Federal Police.

  "(3) The Commissioner must give the appointee a notice informing the

appointee:

  (a) that the Commissioner considers that it might be appropriate to impose a

penalty by way of reducing the appointee to a lower rank or level or

dismissing the appointee; and

  (b) that the appointee may, within 7 days after receiving the notice, give

to the Commissioner any written statement that the appointee wishes to be

taken into consideration in deciding the appropriate penalty to be imposed.

  "(4) The Commissioner must take into consideration the matters contained in

any statements given in accordance with the notice.

  "(5) Subsection (2) does not affect the rights of the AFP appointee under

sections 74 and 75.

Ombudsman to be notified of penalty

  "52C. If the Commissioner imposes a penalty on an AFP appointee, the

Commissioner must, as soon as is practicable, give written notification of the

imposition of the penalty to the appointee and the Ombudsman.

Ombudsman may inform Attorney-General of penalty

  "52D. On being notified of the imposition of a penalty, the Ombudsman may,

if he or she thinks that the penalty is insufficient, give to the

Attorney-General:

  (a) written notification of the imposition of the penalty; and

  (b) any written comments the Ombudsman thinks relevant.

Appeals

  "52E. If a penalty is imposed on an AFP appointee by the Commissioner under

subsection 52B(1), the AFP appointee or the Attorney-General may appeal

against the penalty under section 68 as if it were imposed by the Commissioner

under subsection 67(6).".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 17

Charges in respect of breaches of discipline

SECT

  17. Section 67 of the Principal Act is amended:

  (a) by omitting subsection (1) and substituting the following subsection:

  "(1) Subject to section 52A, proceedings must be heard and determined by the

Disciplinary Tribunal if the proceedings are begun by the Commissioner against

an AFP appointee under the prescribed regulations in respect of a breach of

discipline as a result of:

  (a) an investigation of a complaint that was referred to the Commissioner by

the Ombudsman; or

  (b) an investigation of a complaint that:

    (i) was referred to the Investigation Division under

section 6; and

    (ii) was not made by a person known by the Commissioner to be an AFP

appointee; or

  (c) an investigation of the actions of the appointee by the Ombudsman under

Part III;

whether or not also as a result of the appointee not accepting a caution or

admonition.";

  (b) by omitting from subsections (2) and (3) "a member" (wherever occurring)

and substituting "an AFP appointee";

  (c) by omitting from subsections (2) and (3) "the member" (wherever

occurring) and substituting "the appointee";

  (d) by omitting from subsection (5) "member" (wherever occurring) and

substituting "AFP appointee";

  (e) by omitting from subsection (7) "a member" and substituting

  "an AFP appointee";

  (f) by omitting from subsections (6) and (7) "the member" (wherever

occurring) and substituting "the appointee";

  (g) by inserting in subsections (6) and (7) "or she" after "he" (wherever

occurring);

  (h) by inserting in subsections (7) "or her" after "him";

  (i) by omitting subsection (9) and substituting the following subsections:

  "(9) Subject to subsection (10), as soon as practicable after the

Disciplinary Tribunal has made its findings in respect of proceedings heard by

it under subsection (1), the Commissioner must, unless the identity of the

complainant is not known, cause particulars of the decision to be given, in

writing, to the complainant.

  "(10) The Commissioner must not cause particulars of the decision to be

given under subsection (9) if the Disciplinary Tribunal makes a decision

prohibiting or restricting the disclosure of the findings.".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 18

Powers of Tribunal

SECT

  18. Section 71 of the Principal Act is amended by inserting in subsection

(2) "a member of the Tribunal or" after "signed by".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 19

SECT

  19. After section 88 of the Principal Act the following section is

inserted:

Offence of victimisation

  "88A. A person must not cause, or threaten to cause, detriment to another

person ('the victim') on the ground that the victim, or any other person:

  (a) has made or might make a complaint under this Act; or

  (b) has given or might give a document or other information to a person

under this Act.

Penalty: Imprisonment for 6 months.".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 20

Transitional provision

SECT

  20. If section 87 of the Principal Act, as in force at any time before the

commencement of this Act, applied to a person, section 87 of the Principal

Act, as in force at any time after the commencement of section 21, continues

to apply to the person.

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 21

Other amendments to extend the application of the Complaints (Australian

Federal Police) Act 1981 to AFP appointees

SECT

  21. The Principal Act is amended as set out in Schedule 1.

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 22

Other amendments to introduce gender-neutral terminology in the

Complaints (Australian Federal Police) Act 1981

SECT

  22. The Principal Act is amended as set out in Schedule 2.

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SECT 23

Other amendments to penalties

SECT

  23. The Principal Act is amended as set out in Schedule 3.

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SCHEDULE 1

SCH

                             SCHEDULE 1                    Section 21

        OTHER AMENDMENTS TO EXTEND THE APPLICATION OF THE COMPLAINTS

           (AUSTRALIAN FEDERAL POLICE) ACT 1981 TO AFP APPOINTEES

Section 4:

  Repeal, substitute:

Meaning of "action taken by AFP appointee"

  "4. In this Act, unless the contrary intention appears, a reference to

action taken by an AFP appointee is a reference to action that the

appointee takes or purports to take:

  (a) because of his or her being an AFP appointee; or

  (b) in the exercise of powers, or the performance of functions, given

to him or her as an AFP appointee by this Act or by another law.".

Subsection 5(1):

  Omit, substitute:

  "(1) Subject to this section, if a person complains to an AFP

appointee about action taken by the appointee or another AFP appointee,

or complains to the Ombudsman about such action, this Act applies in

relation to the complaint:

  (a) whether the complaint is made orally or in writing; and

  (b) whether or not the AFP appointee whose action is complained of is

identified in the complaint; and

  (c) if the complaint is made to an AFP appointee-whether or not the

identity of the complainant is known by, or disclosed to, the

appointee.".

Subsection 5(3):

  (a) Omit "members", substitute "AFP appointees".

  (b) Omit "member", substitute "AFP appointee".

Subsection 5(4):

  Omit "a member", substitute "an AFP appointee".

Subsection 6(1):

  Omit, substitute:

  "(1) If:

  (a) a person complains to an AFP appointee about action taken by the

appointee or by another AFP appointee; and

  (b) the appointee to whom the complaint is made is an authorised

appointee;

the authorised appointee must decide whether the complaint is a minor

complaint and:

  (c) if he or she decides that the complaint is a minor complaint-refer

it to an AFP appointee designated by the Commissioner for the purposes

of section 6A; or

  (d) otherwise-refer the complaint, as soon as practicable, to the

Investigation Division for investigation.

  "(2) If:

  (a) a person complains to an AFP appointee about action taken by the

appointee or by another AFP appointee; and

  (b) the appointee to whom the complaint is made is not an authorised

appointee;

the appointee to whom the complaint is made must refer the complaint to

an authorised appointee.".

Subsections 6(4) and (5):

  Omit, substitute:

  "(4) This section does not apply to a complaint made by a person who:

  (a) is known by the AFP appointee to whom the complaint is made to be

an AFP appointee; or

  (b) discloses to the AFP appointee to whom the complaint is made that

he or she is an AFP appointee.

  "(5) In this section:

  'authorised appointee' means an AFP appointee authorised by the

General Orders or General Instructions to make determinations under

subsection (1);

  'General Instructions' has the same meaning as in the Australian

Federal Police Act 1979;

  'General Orders' has the same meaning as in the Australian Federal

Police Act 1979.".

Subsection 6A(1):

  Omit "A member", substitute "An AFP appointee".

Subsections 6A(2), (3) and (4):

  Omit "member" (wherever occurring), substitute "AFP appointee".

Subsection 7(5):

  Omit "a member of the Australian Federal Police", substitute "an AFP

appointee".

Paragraph 7(5A)(a):

  Omit "member", substitute "AFP appointee".

Subsection 7(6):

  (a) Omit "a member of the Australian Federal Police", substitute "an

AFP appointee".

  (b) Omit "the member", substitute "the appointee".

Subsection 7(7):

  Omit "a member of the Australian Federal Police" (wherever occurring), substitute "an AFP appointee".

Subsection 7(8):

  Omit "A member of the Australian Federal Police", substitute "An AFP

appointee".

Subsection 7(10):

  Omit "member of the Australian Federal Police", substitute "Federal

police officer".

Subsection 7(11):

  Omit, substitute:

  "(11) An AFP appointee is not liable to any penalty (other than a

penalty under this Act) merely because the appointee:

  (a) gives information; or

  (b) produces a document or other record; or

  (c) answers a question;

when directed to do so by a member of the Investigation Division under

this section.".

Section 8:

  Repeal, substitute:

Reference of complaints to other persons

  "8.(1) The officer in charge may:

  (a) if he or she thinks that the whole or a part of the investigation

should be carried out by a person having special qualifications and the

Commissioner so approves-authorise a person who has those qualifications

to make the whole or the part of the investigation for the Division; or

  (b) if he or she thinks that a complaint is not such as to require

investigation by a member of the Division and the Commissioner so

approves-authorise a Federal police officer to make the investigation

for the Division.

  "(2) If the officer in charge gives such an authority, each reference

in section 7 to a member of the Investigation Division is to be read, in

relation to the whole or the part of the investigation, as including a

reference to the authorised person.".

Subsection 10(2):

  Omit "member", substitute "AFP appointee".

Subsections 11(1), (2) and (3):

  Omit "a member or members" (wherever occurring), substitute "one or

more AFP appointees".

Subsection 11(7):

  Omit "the member, or any of the members" (wherever occurring),

substitute "the AFP appointee, or any of the AFP appointees".

Subsection 11(9):

  Omit "a member" (wherever occurring), substitute "an AFP appointee".

Section 12:

  (a) Omit "a member" (wherever occurring), substitute "an AFP

appointee".

  (b) Omit "the member" (wherever occurring), substitute "the

appointee".

Section 13:

  (a) Omit "a member", substitute "an AFP appointee".

  (b) Omit "the member", substitute "the appointee".

Subsection 14(2):

  Omit "members" (wherever occurring), substitute "AFP appointees".

Subsections 17(1) and (3):

  Omit "member" (wherever occurring), substitute "Federal police

officer".

Subsections 20(1) and 21(4):

  Omit "a member", substitute "an AFP appointee".

Subsection 21(5):

  (a) Omit "member", substitute "AFP appointee".

  (b) Omit "members", substitute "AFP appointees".

Subsection 22(1):

  Omit "a member" (wherever occurring), substitute "an AFP appointee".

Subsections 22(5) and (6):

  Omit "a member of the Australian Federal Police", substitute "an AFP

appointee".

Paragraph 22(7)(a):

  Omit "a member", substitute "an AFP appointee".

Paragraph 22(7)(b):

  Omit "a member of the Australian Federal Police", substitute "an AFP

appointee".

Subsection 22(8):

  Omit "a member", substitute "an AFP appointee".

Subsection 23(1):

  Omit "a member", substitute "an AFP appointee".

Subsection 23(5):

  Omit "a member", substitute "an AFP appointee".

Subsection 24A(1):

  (a) Omit "a member" (wherever occurring), substitute "an AFP

appointee".

  (b) Omit "such member", substitute "the appointee".

  (c) Omit "such members", substitute "the appointees".

Subsection 24A(2):

  Omit "member or members", substitute "AFP appointees".

Subsection 25(1):

  (a) After "complaint" (first occurring) insert "or the actions of an

AFP appointee".

  (b) Add at the end "or the actions of the appointee are to be

investigated".

Subsection 25(1A):

  (a) After "complaint" (first and second occurring) insert "or the

actions of an AFP appointee".

  (b) After "complaints" insert "or actions of AFP appointees".

Paragraph 25(3)(a):

  Omit "member of the Australian Federal Police", substitute "Federal

police officer".

Subsection 25(5):

  After "complaint" (wherever occurring) insert "or the actions of an

AFP appointee".

Subsection 25(7):

  (a) After "of a complaint" insert "or the actions of an AFP

appointee".

  (b) Omit "a member" (wherever occurring), substitute "an AFP

appointee".

  (c) Omit "the member", substitute "the appointee".

Paragraphs 25(7)(c) and (d):

  After "complaint" insert "or whose actions are the subject of the

investigation".

Subsection 25(9A):

  After "complaint" (first occurring) insert "or the actions of an AFP

appointee".

Paragraph 25(9A):

  After "investigated" insert "or the actions of the appointee are being

investigated".

Subsection 25(13):

  Omit "a member", substitute "an AFP appointee".

Paragraph 25A(1)(a):

  Omit "a member" (first occurring), substitute "an AFP appointee".

Paragraph 25A(1)(b):

  Omit "a member or members of the Australian Federal Police",

substitute "at least one AFP appointee".

  Subparagraph 25A(1)(c)(i):

  Omit "a member", substitute "an AFP appointee".

Subsection 26(5):

  Omit "member" (wherever occurring), substitute "AFP appointee".

Subsection 31(1):

  (a) After "complaint" (wherever occurring), insert "or the actions of

an AFP appointee".

  (b) Omit "a member" (wherever occurring), substitute "an AFP

appointee".

Paragraph 36(1)(b):

  Omit "a member", substitute "an AFP appointee".

Paragraph 36(1)(c):

  (a) Omit "a member", substitute "an AFP appointee".

  (b) Omit "the member", substitute "the appointee".

Paragraph 36(2)(b):

  Omit "a member", substitute "an AFP appointee".

Paragraph 36(2)(c):

  (a) Omit "a member", substitute "an AFP appointee".

  (b) Omit "the member", substitute "the appointee".

Subsections 36(3) and (3A):

  Omit "a member" (wherever occurring), substitute "an AFP appointee".

Paragraph 38(1)(b):

  Omit "members of the Australian Federal Police" (wherever occurring),

substitute "AFP appointees".

Subsection 38(2):

  Omit "members", substitute "AFP appointees".

  Subparagraph 41(3)(b)(i):

  Omit "a member" (wherever occurring), substitute "an AFP appointee".

Subsection 41A(1):

  Omit "a member", substitute "an AFP appointee".

Paragraph 41A(3)(a):

  Omit "a member", substitute "an AFP appointee".

Paragraph 43(b):

  Omit "members", substitute "AFP appointees".

Section 43:

  Add at the end:

  "; and (c) investigations of the actions of AFP appointees on his or

her own initiative under section 21A.".

Paragraph 46(1)(a):

  Omit.

Paragraph 46(1)(b):

  Omit "a member", substitute "an AFP appointee".

Subsection 48(2):

  Omit "member", substitute "AFP appointee".

Subsection 48(4):

  Omit "member", substitute "AFP appointee".

Subsection 49(4):

  Omit "a member", substitute "an AFP appointee".

Subsection 50(1):

  Omit "a member" (wherever occurring), substitute "an AFP appointee".

Paragraph 50(4)(a):

  Omit "a member of the Australian Federal Police", substitute "an AFP

appointee".

Subsection 50(5):

  (a) Omit "a member of the Australian Federal Police", substitute "an

AFP appointee".

  (b) Omit "the member of the Australian Federal Police", substitute

"the appointee".

Subsection 50(6):

  (a) Omit "a member of the Australian Federal Police", substitute "an

AFP appointee".

  (b) Omit "the member", substitute "the appointee".

Subsection 50(7):

  (a) Omit "a member of the Australian Federal Police" (wherever

occurring), substitute "an AFP appointee".

  (b) Omit "the member of the Australian Federal Police", substitute

"the AFP appointee".

Subsection 50(8):

  Omit "A member of the Australian Federal Police", substitute "An AFP

appointee".

Subsection 50(10):

  Omit "A member of the Australian Federal Police", substitute "An AFP

appointee".

Subsection 53(3):

  (a) Omit "a member" (wherever occurring), substitute "an AFP

appointee".

  (b) Omit "the member" (wherever occurring), substitute "the

appointee".

  (c) After "lower rank", insert "or level".

Sections 66A and 66B:

  (a) Omit "a member", substitute "an AFP appointee".

  (b) Omit "the member" (wherever occurring), substitute "the

appointee".

Section 68:

  (a) Omit "a member" (wherever occurring), substitute "an AFP

appointee".

  (b) Omit "the member" (wherever occurring), substitute "the

appointee".

Subsection 69(1):

  (a) Omit "a member", substitute "an AFP appointee".

  (b) Omit "the member" (wherever occurring), substitute "the

appointee".

Subsection 69(1A):

  Omit.

Paragraph 69(2)(c):

  Omit "member", substitute "AFP appointee".

Subsection 69(4):

  (a) Omit "a member or staff member", substitute "an AFP appointee".

  (b) Omit "the member or staff member" (wherever occurring), substitute

"the appointee".

Subsection 69(5):

  (a) Omit "a member or staff member" (wherever occurring), substitute

"an AFP appointee".

  (b) Omit "the member or staff member" (wherever occurring), substitute

"the appointee".

Subsection 69(6):

  Omit "member or staff member" (wherever occurring), substitute

  "AFP appointee".

Subsection 69(7):

  (a) Omit "a member or staff member", substitute "an AFP appointee".

  (b) Omit "the member or staff member", substitute "the appointee".

Subsection 70(4):

  Omit "member of the Australian Federal Police", substitute

  "AFP appointee".

Subsection 71(4):

  Omit "a member", substitute "an AFP appointee".

Subsection 71(5):

  (a) Omit "a member" (wherever occurring), substitute "an AFP

appointee".

  (b) Omit "the member" (wherever occurring), substitute "the

appointee".

Subsection 73(2):

  Omit, substitute:

  "(2) The warrant authorises any Federal police officer or member of

the Police Force of a State or Territory to apprehend the person and

bring the person before the Disciplinary Tribunal, and for that purpose,

to detain that person in custody until the person is released by order

of the Tribunal.".

Subsection 75(2):

  Omit "member", substitute "AFP appointee".

Subsection 75(4):

  (a) Omit "a member", substitute "an AFP appointee".

  (b) Omit "the member", substitute "the appointee".

Subsections 83(3) and (4):

  Omit "a member", substitute "an AFP appointee".

Paragraph 87(1)(a):

  Omit "a member of the Australian Federal Police", substitute "an AFP

appointee".

Paragraphs 87(1)(e) and (f):

  Omit.

Paragraph 87(3)(b):

  Omit "a member", substitute "an AFP appointee".

Subsection 87(4):

  Omit "a member of the Australian Federal Police" (wherever occurring),

substitute "an AFP appointee".

Subsection 87(7):

  Omit "a member", substitute "an AFP appointee".

Section 88:

  (a) Omit "A member", substitute "An AFP appointee".

  (b) Omit "that member", substitute "that appointee".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SCHEDULE 2

SCH

                               SCHEDULE 2                    Section 22

         OTHER AMENDMENTS TO INTRODUCE GENDER-NEUTRAL TERMINOLOGY

          IN THE COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981

Subsection 7(4):

  After "he" insert "or she".

Subsection 7(6):

  After "him" (wherever occurring) insert "or her".

Subsection 7(7):

  After "him" insert "or her".

Subsection 9(2):

  (a) After "he" insert "or she".

  (b) After "his" insert "or her".

Subsection 9(3):

  After "his" insert "or her".

Subsection 10(2):

  After "he" (wherever occurring) insert "or she".

Subsections 11(1) and (2):

  (a) After "he" (wherever occurring) insert "or she".

  (b) After "his" (wherever occurring) insert "or her".

Subsection 11(3):

  (a) After "his" (wherever occurring) insert "or her".

  (b) After "him" insert "or her".

Subsections 11(4) and (5):

  After "him" insert "or her".

Subsection 11(6):

  Omit "his" (wherever occurring).

Subsection 11(7):

  After "he" insert "or she".

Subsection 15(2):

  Omit "him" substitute "the Commissioner".

Subsection 16(2):

  After "he" insert "or she".

Subsection 17(2):

  After "he" insert "or she".

Subsection 17(3):

  (a) Omit "him" substitute "the officer".

  (b) After "him" (last occurring) insert "or her".

Subsection 18(2):

  After "him" (wherever occurring) insert "or her".

Subsection 20(1):

  (a) After "him" insert "or her".

  (b) After "his" insert "or her".

Subsection 20(3):

  After "him" insert "or her".

Paragraph 22(4)(b):

  After "his" insert "or her".

Subsection 40(1):

  After "than his" insert "or her".

Subsection 41(7):

  After "he" insert "or she".

Subsection 46(1):

  After "he" insert "or she".

Paragraph 46(3)(a):

  (a) After "he" insert "or she".

  (b) After "his" insert "or her".

Paragraph 46(3)(b):

  After "him" insert "or her".

Paragraphs 46(4)(a) and (b):

  After "he" insert "or she".

Subsection 47(1):

  After "he" insert "or she".

Subsection 48(1):

  (a) After "his" insert "or her".

  (b) After "he" insert "or she".

Subsection 48(2):

  (a) After "him" insert "or her".

  (b) Omit "he" (first and second occurring), substitute "the

Commissioner".

  (c) After "he" (last occurring) insert "or she".

Subsection 48(3):

  (a) After "him" insert "or her".

  (b) Omit "he" (first and second occurring), substitute "the

Ombudsman".

  (c) After "he" (last occurring) insert "or she".

Subsection 48(4):

  After "he" (wherever occurring) insert "or she".

Subsection 49(4):

  After "his" (wherever occurring) insert "or her".

Subsection 50(1):

  After "he" (wherever occurring) insert "or she".

Subsection 50(2):

  After "he" insert "or she".

  Subparagraph 50(4)(a)(ii):

  After "him" (wherever occurring) insert "or her".

Subsection 50(5):

  After "him" insert "or her".

Subsection 50(6):

  After "him" (wherever occurring) insert "or her".

Subsection 50(7):

  After "him" insert "or her".

Paragraph 50(7)(c):

  After "him" insert "or her".

Subsection 50(10):

  Omit "his".

Subsection 51(1):

  Omit "he" substitute "the Minister".

Subsection 54(5):

  After "his" (wherever occurring) insert "or her".

Section 55:

  After "he" (wherever occurring) insert "or she".

Sections 56 and 57:

  After "his" (wherever occurring) insert "or her".

Subsection 59(1):

  Omit "he", substitute "the member".

Subsections 60(1), (2) and (3):

  After "his" insert "or her".

Subsection 60(6):

  (a) After "his" insert "or her".

  (b) After "he" insert "or she".

Subsection 60(7):

  Omit, substitute:

  "(7) The appointment of a person to act as a member of the

Disciplinary Tribunal ceases to have effect if the person resigns the

appointment by giving a signed notice of resignation to the Minister.".

Subsection 60(8):

  After "he" insert "or she".

Subsection 61(1):

  After "him" insert "or her".

Subsection 61(2):

  After "his" insert "or she".

Subsection 62(2):

  After "his" insert "or her".

Subsection 62(8):

  Omit "him", substitute "the member".

Subsections 62(9) and (10):

  (a) After "his" insert "or her".

  (b) After "him" insert "or her".

Section 63:

  Repeal, substitute:

  "63. A member of the Disciplinary Tribunal may resign his or her

office by giving a signed notice of resignation to the

Governor-General.".

Subsection 65(2):

  (a) After "him" insert "or her".

  (b) After "his" insert "or her".

Subsections 68(1), (2) and (3):

  After "him" (wherever occurring) insert "or her".

Subsection 68(5):

  After "he" insert "or she".

  Subparagraph 69(1)(a)(i):

  Omit, substitute:

  "(i) of his or her finding and of the reasons for that finding; and".

Paragraph 69(4)(b):

  After "he" insert "or she".

Subsection 70(4):

  After "he" insert "or she".

Subsection 71(5):

  After "he" insert "or she".

Subsection 73(3):

  (a) Omit "him" (first occurring), substitute "the person".

  (b) After "him" (last occurring) insert "or her".

  (c) After "his" insert "or her".

Subsection 74(3):

  After "him" insert "or her".

Subsection 77(1):

  After "his" insert "or her".

Subsection 83(1):

  (a) After "he" (wherever occurring) insert "or she".

  (b) After "him" insert "or her".

Subsections 83(3) and (4):

  (a) Omit "he" (first occurring), substitute "the person".

  (b) Omit "he" (last occurring), substitute "the appointee".

Subsection 83(5):

  Omit "him", substitute "the person".

Subsection 84(1):

  (a) After "his" insert "or her".

  (b) Omit "he" (wherever occurring), substitute "the person".

Subsection 84(2):

  Omit "he" (wherever occurring), substitute "the President".

Paragraph 85(a):

  After "his" insert "or her".

Subsection 86(2):

  Omit "him", substitute "the Minister".

Subsection 87(2):

  (a) After "he" (wherever occurring) insert "or she".

  (b) After "his" (first occurring) insert "or her".

  (c) Omit "him", substitute "the person".

  (d) Omit "by reason of his being or having been", substitute "because

he or she is, or has been,".

Paragraph 87(3)(a):

  After "his" insert "or her".

Section 88:

  After "his" (wherever occurring) insert "or her".

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT ACT 1994 No. 166 of 1994 -

SCHEDULE 3

SCH

                              SCHEDULE 3                 Section 23

                     OTHER AMENDMENTS TO PENALTIES

Subsection 7(8):

  Omit "$1,000 or".

Subsection 41(2):

  Omit "$1,000", substitute "30 penalty units".

Subsection 41(5):

  Omit "$5,000 or".

Subsection 44(1):

  Omit "$1,000 or".

Subsection 44(2):

  Omit "$500 or imprisonment for 3 months", substitute "20 penalty

units".

Subsection 50(8):

  Omit "$1,000 or".

Subsection 74(3):

  Omit "$1,000 or".

Section 82:

  Omit "$1,000 or".

Subsection 83(1):

  Omit "$1,000 or".

Subsection 83(2):

  Omit "$1,000 or".

Section 85:

  Omit "$1,000 or".

Subsection 87(2):

  Omit "$1,000", substitute "30 penalty units".

Section 88:

  Omit "$500", substitute "5 penalty units".

Section 89:

  Omit "$200", substitute "5 penalty units".

NOTE ABOUT SECTION HEADINGS

1. On the day on which this Act commences:

  (a) the heading to section 17 of the Complaints (Australian Federal

Police) Act 1981 is omitted and the following heading is substituted:

  "Federal police officers to be transferred to Investigation Division

for limited periods"; and

  (b) the heading to section 22 of the Complaints (Australian Federal

Police) Act 1981 is omitted and the following heading is substituted:

  "Complaints to Ombudsman concerning action of AFP appointees"; and

  (c) the heading to section 88 of the Complaints (Australian Federal

Police) Act 1981 is omitted and the following heading is substituted:

  "AFP appointee to give name and address of place of duty on request".