Commonwealth Numbered Acts

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".