Statutory Rules 1989 No. 3441

Australian Federal Police Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulation under the Australian Federal Police Act 1979.

Dated 29 November1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Michael Tate

Minister of State for Justice

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After Division 2a of Part III of the Australian Federal Police Regulations the following Division is inserted in Part III:

“Division 3—Review by Merit Protection and Review Agency of non-appellable promotion decisions

Review of non-appellable promotions

“33. (1) In this regulation ‘Agency’ and ‘non-appellable promotion’ have the same respective meanings as they have in section 36b of the Act.

“(2) For the purposes of subsection 36b (1) of the Act, the period within which application may be made for review of a non-appellable promotion is the period of 7 days commencing on the day on which that promotion is notified in the Police Gazette.

“(3) Where the Agency receives an application for review of a non-appellable promotion, it must give the Commissioner a copy of the application no later than 7 days after the end of the period referred to in subregulation (2).

(S.R. 352/89) Cat. No. 14/16.11.1989

“(4) If the Agency gives the Commissioner a copy of an application relating to a non-appellable promotion, the Commissioner must send to the Agency within 14 days:

(a) all documents held by the Australian Federal Police relating to the making of the promotion; and

(b) any comments the Commissioner wishes to make in relation to the application for review.

“(5) Where:

(a) the Agency recommends to the Commissioner that a promotion be cancelled; and

(b) the Commissioner reconsiders the promotion;

the Commissioner must tell:

(c) the applicant; and

(d) the person promoted; and

(e) the Agency;

whether or not the promotion is cancelled.

Non-appellable promotions—prescribed ranks

“33a. For the purposes of subsection 36b (11) of the Act, each of the following ranks is prescribed:

(a) the rank of Superintendent;

(b) the rank of Commander;

(c) the rank of Assistant Commissioner.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 December 1989.

2. Statutory Rules 1979 No. 210 as amended to date. For previous amendments, see Note 2 to Statutory Rules 1989 No. 1 and see also Statutory Rules 1989 Nos. 1, 139 and 343.

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