Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1992 No. 285

Issued by the Authority of the Minister for Justice

Complaints (Australian Federal Police) Act 1981

Complaints (Australian Federal Police) Regulations (Amendment)

The purpose of the amendment is to ensure that regulations included in the new Part 4 of the Australian Federal Police (Discipline) Regulations (the Discipline Regulations) are not part of the prescribed regulations for the purposes of section 3(4) of the Complaints (Australian Federal Police) Act 1981.

Regulation 1 provides that the Complaints (Australian Federal Police) Regulations are amended.

Regulation 2 amends the present regulation 3 so as to provide that the Discipline Regulations except Part 4 are the prescribed regulations referred to in the Act. Part 4 provides for mandatory dismissal by the Commissioner of Police of members or staff members of the Australian Federal Police who are convicted of offences under Australian law and unconditionally sentenced to imprisonment for more than 24 hours. The effect of the amended regulation 3 is that there is no provision for a hearing before the Australian Federal Police Disciplinary Tribunal (the Tribunal) where a member or staff member becomes liable to mandatory dismissal under Part 4. The decision being mandatory and based on a question of fact which is not open to dispute, a hearing by the Tribunal would serve no purpose.

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