COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 71 Powers of Tribunal

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 71

71. (1) The Disciplinary Tribunal may, in any proceeding before it -

   (a)  take evidence on oath or affirmation; and

   (b)  adjourn the proceeding from time to time.

(2) The Disciplinary Tribunal may, at any time during the course of any
proceeding before it -

   (a)  of its own motion; or

   (b)  at the request of a person who is a party to the proceeding, by notice
        in writing under the hand of a member of the Tribunal, summon a person
        to appear before the Tribunal at the hearing of the proceeding to give
        evidence and to produce such documents (if any) as are referred to in
        the summons.

(3) The Disciplinary Tribunal may, at any time during the course of any
proceeding before it, refer a matter arising in the proceeding to the
Commissioner for investigation, and where a matter is so referred -

   (a)  the Commissioner shall refer the matter to the Investigation Division
        for investigation;

   (b)  sections 7 and 8 apply as if the matter were a complaint referred to
        the Investigation Division under section 6; and

   (c)  section 10 does not apply but, when the Investigation Division has
        completed the investigation, the officer in charge shall cause a
        report, in writing, of the results of the investigation to be prepared
        and given to the Commissioner, who shall furnish the report to the
        Disciplinary Tribunal.

(4) The Disciplinary Tribunal may, at any time during the course of any
proceeding before it -

   (a)  if the Tribunal is constituted by a person who holds judicial office -
        direct; or

   (b)  in any other case - recommend, that a member be suspended from duty
        pending the hearing and determination of the proceeding.

(5) Where the Disciplinary Tribunal gives a direction under sub-section (4)
that a member be suspended from duty, the Commissioner shall suspend the
member from duty accordingly and, where the Disciplinary Tribunal makes a
recommendation under sub-section (4) that a member be suspended from duty, the
Commissioner may, if he thinks fit, suspend the member from duty accordingly.