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Australian Federal Police Regulations (Amendment)

Authoritative Version
  • - F1996B01347
  • No longer in force
SR 1980 No. 140 Regulations as made
These Regulations amend the Australian Federal Police Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR19-Aug-1980
Tabled Senate19-Aug-1980
Gazetted 12 Jun 1980
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Statutory Rules

1980 No. 140

REGULATIONS UNDER THE AUSTRALIAN FEDERAL POLICE
ACT 19791

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Federal Police Act 1979.

          Dated this sixth day of June 1980.

                                                                                                                           ZELMAN COWEN

                                                                                                                           Governor-General

          By His Excellency’s Command,

 

J. E. MCLEAY

Minister of State for Administrative Services

_______________

AMENDMENTS OF THE AUSTRALIAN FEDERAL POLICE
REGULATIONS2

1              Competency and qualifications of members of existing Police Forces

                Regulation 5 of the Australian Federal Police Regulations is amended by omitting from sub-regulation (1) all words to and including “the Act,” and substituting the following words and paragraphs:

                “For the purposes of—

                (a)    an appointment to a rank in a component in pursuance of section 72 of the Act; or

               (b)    a transfer from that rank to an equivalent rank in the other component in accordance with paragraph 25 (1) (c) or 26 (1) (c) of the Act,”.

2              Competency and qualifications for appointments, &c., to ranks in the Australian Federal Police

                Regulation 6 of the Australian Federal Police Regulations is amended by omitting from paragraph (c) of sub-regulation (3) “where the relevant rank is in a component in which the person has not at any time served as an officer—”.

3              Exemptions in respect of qualifying examinations

                Regulation 9 of the Australian Federal Police Regulations is amended—

                (a)    by omitting from sub-regulation (2) all words from and including “Protective Service” and substituting “Qualifying Examination for Commissioned Ranks”; and

               (b)    by adding at the end thereof the following sub-regulations:

       “(3)   A person appointed to the rank of Senior Sergeant or Protective Service Senior Sergeant in pursuance of section 72 of the Act is exempted from taking the Qualifying Examination for the Rank of Station Sergeant if the person has passed the Qualifying Examination for Commissioned Ranks.

       “(4)   A person—

                (a)    appointed to the rank of Constable or Protective Service Constable in pursuance of section 72 of the Act; and

               (b)    who immediately before the commencing date, was holding the rank of Senior Constable in the existing Police Force of which he was a member,

is, for the purposes of promotion in accordance with sub-section 26 (1) of the Act, exempted from taking the Senior Constable Qualifying Examination.

       “(5)   A person appointed to be a commissioned officer in pursuance of section 26A of the Act is, for the purposes of promotion or transfer in accordance with sub-section 25 (1) of the Act, exempted from taking the Qualifying Examination for Commissioned Ranks.”.

4              Appointment to be on probation

                Regulation 14 of the Australian Federal Police Regulations is amended—

                (a)    by inserting after sub-regulation (2) the following sub-regulation:

                    “(2A)    The Commissioner may, at any time before the expiration of the period referred to in sub‑regulation (1) or (2) in relation to a person, annul the appointment of the person as a member.”;

               (b)    by omitting from sub-regulation (3) “On the expiration” and substituting “Where the Commissioner has not annulled the appointment of a person under sub-regulation (2A), the Commissioner may, on the expiration”; and

                (c)    by omitting from sub-regulation (3) “, the Commissioner may”.

5              After regulation 17 of the Australian Federal Police Regulations the following regulation is inserted in Division 1 of Part III:

                Division not to apply in case of appointment in pursuance of section 26A of the Act

    “17A.   Where an appointment is to be made to a rank in the Australian Federal Police in pursuance of section 26A of the Act, the provisions of this Division do not apply to, or in relation to, the vacancy that is to be filled by that appointment.”.

6              Constitution of Board

                Regulation 20 of the Australian Federal Police Regulations is amended—

                (a)    by omitting paragraphs (c) and (d) of sub-regulation (1) and substituting the following paragraphs:

                       “(c)    16 commissioned officers nominated by the Commissioner;

                       “(d)    in respect of each association—36 persons nominated in accordance with the rules of the association.”;

               (b)    by omitting paragraph (c) of sub-regulation (4) and substituting the following paragraph:

                       “(c)    a member of the Board, being—

                                     (i)     except where sub-paragraph (ii) applies–—a nominee of the relevant association in relation to the appellant or appellants; or

                                    (ii)     if there are 2 or more appellants and the relevant association in relation to one of them is an association other than the relevant association in relation to the other appellant, or any of the other appellants, as the case may be—a nominee of such association as the Chairman or the Deputy Chairman sitting for the purposes of the appeal, as the case may be, determines.”;

        and

                (c)    by adding at the end thereof the following sub-regulation:

                       “(5)    In sub-regulation (4), ‘relevant association’, in relation to an appellant in an appeal, means—

                                    (a)     where the appellant is a member of an association—that association; or

                                    (b)     where the appellant is not a member of an association—the association nominated by the appellant in the notice referred to in sub-regulation 26 (3) in relation to the appeal.”.

7              Tenure of office, &c., of members of Board

                Regulation 21 of the Australian Federal Police Regulations is amended by omitting from sub-regulation (2) “such remuneration and allowances as are specified” and substituting “such remuneration (if any) and such allowances (if any) as the Minister determines and specifies”.

8              Removal from office

                Regulation 23 of the Australian Federal Police Regulations is amended by omitting sub‑regulation (2).

9              After regulation 23 of the Australian Federal Police Regulations the following regulation is inserted:

                Termination of appointment

“23A. (1) Where, before the expiration of the term of office of a member of the Board nominated by the Commissioner or nominated in accordance with the rules of an association, the Commissioner or the committee of management of the association, as the case may be, recommends to the Minister that the appointment of the member be terminated, the Minister shall, by writing under his hand, terminate the appointment of the member.

       “(2)   In sub-regulation (1), ‘committee of management’, in relation to an association, means the group or body of persons (however described) that manages the affairs of the association.”.

10            Acting appointments

                Regulation 24 of the Australian Federal Police Regulations is amended—

                (a)    by omitting sub-regulation (1);

               (b)    by omitting from sub-regulation (2) “a prescribed person to act as Chairman, Deputy Chairman or member” and substituting “a person qualified for appointment as Chairman or Deputy Chairman to act as Chairman or Deputy Chairman”;

                (c)    by omitting from paragraph (a) of sub-regulation (2) “, a Deputy Chairman or a member” and substituting “or a Deputy Chairman”;

               (d)    by omitting from paragraph (b) of sub-regulation (2) “, the Deputy Chairman or the member” and substituting “or the Deputy Chairman”;

                (e)    by omitting from sub-regulation (5) “, Deputy Chairman or member” and “, the Deputy Chairman or the member” and substituting “or Deputy Chairman” and “or the Deputy Chairman” respectively;

                (f)    by omitting from sub-regulation (6) “, Deputy Chairman or member” and substituting “or Deputy Chairman”;

               (g)    by omitting from sub-regulation (7) “, Deputy Chairman or member” and substituting “or Deputy Chairman”;

               (h)    by omitting from paragraph (a) of sub-regulation (7) “, Deputy Chairman or the member” and substituting “or a Deputy Chairman”; and

                (j)    by omitting from paragraph (b) of sub-regulation (7) “, a Deputy Chairman or the member” and substituting “or a Deputy Chairman”.

11            Appeal against selection for promotion

                Regulation 26 of the Australian Federal Police Regulations is amended by adding at the end thereof the following sub-regulation:

              “(3)    An appellant in an appeal shall, at the same time as he lodges the notice of appeal referred to in sub-regulation (2), lodge with the Secretary to the Board a notice in writing stating whether the appellant is a member of an association and—

                         (a)    where the appellant is a member of an association—specifying the name of that association; or

                         (b)    where the appellant is not a member of an association—nominating the association a nominee of which is to sit on the Board to be constituted for the purposes of the appeal.”.

12            Hearings by the Board

                Regulation 29 of the Australian Federal Police Regulations is amended—

                (a)    by omitting from sub-regulation (1) “The Board” and substituting “For the purpose of hearing an appeal, the Board”; and

               (b)    by omitting from sub-regulation (4) “Any member of the Board” and “an appeal” and substituting “Any of the members constituting the Board for the purposes of an appeal” and “the appeal” respectively.

13            Seniority

                Regulation 34 of the Australian Federal Police Regulations is amended—

                (a)    by omitting from sub-regulation (3) all words from and including “by elimination” and substituting “by reference to the level of the rank held by each of the members on the last day on which the 2 members held each a different rank”; and

               (b)    by omitting sub-regulation (4) and substituting the following sub-regulation:

                       “(4)    For the purposes of section 36 of the Act, the relative seniority, on a particular day, of 2 members holding the same rank shall, if those members are persons who were appointed to that rank in pursuance of section 26A of the Act, be determined by reference to the relative seniority of those members as officers of the Australian Public Service on 7 November 1979.”.

14            Rules of association to contain certain provisions

                Regulation 38 of the Australian Federal Police Regulations is amended by omitting paragraphs (b) and (c) and substituting the following paragraphs:

              “(b)    for and in relation to the nomination from time to time of persons for appointment to the Promotion Appeals Board; and

              “(c)    for and in relation to the nomination from time to time of persons for appointment to the Disciplinary Board established under the Australian Federal Police (Discipline) Regulations.”.

15            Repeal of regulation 40

                Regulation 40 of the Australian Federal Police Regulations is repealed.

16            After regulation 43 of the Australian Federal Police Regulations the following regulation is inserted:

                Delegation by Minister

“43A. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer of the Department administered by the Minister any of his powers under these Regulations, other than this power of delegation.

       “(2)   A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Minister.

       “(3)   A delegation under this regulation does not prevent the exercise of a power by the Minister.”.

17            Delegation by Commissioner

                Regulation 44 of the Australian Federal Police Regulations is amended by inserting in sub-regulation (1) “a Deputy Commissioner or” after “delegate to”.

18            Schedule 2

                Schedule 2 to the Australian Federal Police Regulations is repealed and the following Schedule substituted:

                                                   SCHEDULE 2                          Regulations 7 and 8

QUALIFYING EXAMINATIONS

 

Column 1

Item No.

Column 2

Ranks

Column 3

Name of Qualifying Examination

Column 4

Conditions to be satisfied

1

Sergeant

Protective Service Sergeant

Senior Sergeant

Protective Service Senior Sergeant

Senior Constable

Qualifying Examination

The member must be a Constable holding the grade of First Constable or a Protective Service Constable holding the grade of Protective Service First Constable

 

 

Qualifying Examination for the Rank of Sergeant

The member must—

   (a)  be either a Constable holding the grade of Senior Constable or a Protective Service Constable holding the grade of Protective Service senior Constable; and

  (b)  except in the case of a person referred to in sub-regulation 9 (4) have passed the Senior Constable Qualifying Examination

2

Station Sergeant

Qualifying Examination for the Rank of Station Sergeant

The member must hold the rank of Sergeant, Protective Service Sergeant, Senior Sergeant or Protective Service Senior Sergeant

3

Inspector

Protective Service

Inspector

Chief Inspector

Protective Service Chief Inspector

Superintendent

Chief Superintendent

Assistant Commissioner

Qualifying Examination for Commissioned Ranks

The member must-

   (a)  hold the rank of Station Sergeant; or

  (b)  hold the rank of Senior Sergeant or Protective Service Senior Sergeant and, except in the case of a person appointed to either of those ranks in pursuance of section 72 of the Act, have passed the Qualifying Examination for the Rank of Station Sergeant

19            Schedule 3

                Schedule 3 to the Australian Federal Police Regulations is amended by omitting from Column 1 “Police Officers’ ”.

 

NOTES

1.       Notified in the Commonwealth of Australia Gazette on 12 June 1980.

2.       Statutory Rules 1979 No. 210.