Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 3

3. (1) In this Act, unless the contrary intention appears -



"breach of discipline" means an offence that is a disciplinary offence for the
purposes of the prescribed regulations;



"Commissioner" means the Commissioner of Police referred to in section 6 of
the Australian Federal Police Act 1979, and includes a person acting as the
Commissioner of Police in accordance with section 18 of that Act or exercising
all the powers, and performing all the functions and duties, of the
Commissioner of Police in accordance with section 19 of that Act;



"Disciplinary Tribunal" means the Federal Police Disciplinary Tribunal
established by section 54;



"duties" include responsibilities;



"Investigation Division" means the Internal Investigation Division established
in pursuance of section 14;



"law" means a law of the Commonwealth or of a State or Territory;



"member" means a member of the Australian Federal Police and includes a
special member of the Australian Federal Police;



"officer in charge" means the officer in charge of the Investigation Division;



"Ombudsman" means the Commonwealth Ombudsman;



"responsible Minister" means the Minister administering the Australian
Federal Police Act 1979;



"special member of the Australian Federal Police" means a person appointed as
a special member of the Australian Federal Police under section 27 of the
Australian Federal Police Act 1979.

(2) For the purposes of this Act, where the Ombudsman has referred a matter to
the Commissioner for investigation by the Investigation Division, that matter
shall, upon being referred by the Commissioner to the Division, be taken to
have been referred to the Division at the request of the Ombudsman.

(3) In this Act, unless the contrary intention appears -

   (a)  a reference to action taken in relation to the employment of members
        generally shall, without limiting the generality of that expression,
        be construed as including a reference to action taken with respect to
        the promotion, termination of appointment or discipline of, or the
        payment of remuneration to, members generally;

   (b)  a reference to action taken in relation to the employment of a
        particular member shall, without limiting the generality of that
        expression, be construed as including a reference to action taken with
        respect to the promotion of, or the payment of remuneration to, a
        particular member, but shall not be construed as including a reference
        to action taken with respect to a breach of discipline committed, or
        alleged to have been committed, by a particular member;

   (c)  a reference to the charging of a member in respect of a breach of
        discipline shall be construed as a reference to the institution of
        proceedings against that member in respect of that
        breach of discipline in accordance with the prescribed regulations;
        and

   (d)  a reference to the taking of action shall be construed as including a
        reference to -

        (i)    the making of a decision or recommendation; and

        (ii)   failure or refusal to take any action or to make a decision or
               recommendation.

(4) In this Act, references to the prescribed regulations shall be construed
as references to such regulations made under the Australian Federal Police Act
1979 as are declared by the regulations made under this Act to be the
prescribed regulations.