Statutory Rules

1979 No. 210

REGULATIONS UNDER THE AUSTRALIAN FEDERAL
POLICE ACT 19791

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Federal Police Act 1979.

 Dated this tenth day of October 1979.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

J. E. McLEAY

Minister of State for Administrative Services

_______________

AUSTRALIAN FEDERAL POLICE REGULATIONS

PART I—PRELIMINARY

1 Citation

  These Regulations may be cited as the Australian Federal Police Regulations.

2 Interpretation

  In these Regulations, unless the contrary intention appears–

“association” means an association of members formed in accordance with regulations made by virtue of paragraph 40 (a) of the Act;

“Board” means the Promotion Appeals Board established under regulation 18;

“Chairman” means the Chairman of the Board;

“commencing date” has the same meaning as in Part VII of the Act;

“commissioned officer” means a commissioned police officer referred to in paragraph 6 (c) of the Act or a commissioned protective service officer referred to in paragraph 6 (d) of the Act;

“Deputy Chairman” means a Deputy Chairman of the Board;

“Examination Committee” means the Examination Committee established under regulation 10;

“existing Police Force” has the same meaning as in Part VII of the Act;

“member” means a member of the Australian Federal Police other than the Commissioner or a Deputy Commissioner;

“member of an existing Police Force” has the same meaning as in Part VII of the Act;

“non-commissioned officer” means a non-commissioned police officer referred to in paragraph 6 (c) of the Act or a non-commissioned protective service officer referred to in paragraph 6 (d) of the Act;

“Police Gazette” means the Australian Federal Police Gazette issued by the Commissioner under regulation 39;

“prescribed promotion” means the promotion of a member of an existing Police Force made before the commencing date, being a promotion that was subject to appeal and, immediately before that date, had not been confirmed or cancelled;

“the Act” means the Australian Federal Police Act 1979.

PART II—APPOINTMENT AND SERVICE OF MEMBERS

Division 1—Ranks

3 Commissioned Ranks

  For the purposes of section 23 of the Act, each of the following commissioned ranks is prescribed:

 (a) in respect of the component referred to in sub-section 7 (1) of the Act–

 (i) the rank of Inspector;

 (ii) the rank of Chief Inspector;

 (iii) the rank of Superintendent;

 (iv) the rank of Chief Superintendent;

 (v) the rank of Assistant Commissioner;

 (b) in respect of the component referred to in sub-section 7 (2) of the Act–

 (i) the rank of Protective Service Inspector;

 (ii) the rank of Protective Service Chief Inspector.

4 Non-commissioned ranks

  For the purposes of section 23 of the Act, each of the following non-commissioned ranks is prescribed:

 (a) in respect of the component referred to in sub-section 7 (1) of the Act–

 (i) the rank of Constable;

 (ii) the rank of Sergeant;

 (iii) the rank of Senior Sergeant;

 (iv) the rank of Station Sergeant;

 (b) in respect of the component referred to in sub-section 7 (2) of the Act–

 (i) the rank of Protective Service Constable;

 (ii) the rank of Protective Service Sergeant;

 (iii) the rank of Protective Service Senior Sergeant.

Division 2—Competency and Qualifications

5 Competency and qualifications of members of existing Police Forces

 (1) For the purposes of an appointment to a rank in the Australian Federal Police in pursuance of section 72 of the Act, a person who immediately before the commencing date was a member of an existing Police Force is competent and qualified to hold a rank in the Australian Federal Police that is equivalent to the rank that he held in that existing Police Force immediately before that date.

 (2) For the purposes of sub-regulation (1)–

 (a) the rank, or each of the ranks, in the Australian Federal Police specified in column 3 of an item in Table 1 of Schedule 1 is equivalent to the rank in the Commonwealth Police Force specified in column 2 of the item; and

 (b) the rank, or each of the ranks, in the Australian Federal Police specified in column 3 of an item in Table 2 of Schedule 1 is equivalent to the rank in the Police Force of the Australian Capital Territory specified in column 2 of the item.

6 Competency and qualifications for appointments, &c., to ranks in the Australian Federal Police

 (1) Except where regulation 5 applies, a person is, for the purposes of paragraph 26 (1) (a) or 26 (1) (c) of the Act, competent and qualified to hold the rank of Constable in the Australian Federal Police if the person–

 (a) is an Australian citizen;

 (b) except in the case of a person in respect of whom the Commissioner has made a determination under sub-regulation (4), has attained the age of 18 years but has not attained the age of 31 years;

 (c) unless the Commissioner otherwise decides, is not less than–

 (i) in the case of a male person–175 centimetres in height; or

 (ii) in the case of a female person–160 centimetres in height;

 (d) has been certified by a medical practitioner approved by the Commissioner to be in good health, of sound constitution and fit both physically and mentally to perform the duties of a Constable;

 (e) has produced evidence, to the satisfaction of the Commissioner, of his good character and reputation and, where the person has at any time, been–

 (i) a member of the Defence Force, an existing Police Force, or the police force of a State or the Northern Territory; or

 (ii) an officer or employee of the Australian Public Service or the public service of a State or the Northern Territory,

  of his good conduct while he was such a member, officer or employee; and

 (f) has passed, at such level as the Commissioner determines, such written or oral examinations or tests as the Commissioner determines, being examinations or tests for the purpose of ascertaining whether the person is sufficiently educated, and has the necessary intelligence and aptitudes, to perform duties of the kind performed by a Constable, or has undertaken, to the satisfaction of the Commissioner, such training course or courses as the Commissioner determines.

 (2) Except where regulation 5 applies, a person is, for the purposes of paragraph 26 (1) (a) or 26 (1) (c) of the Act, competent and qualified to hold the rank of Protective Service Constable in the Australian Federal Police if the person–

 (a) is an Australian citizen;

 (b) except in the case of a person in respect of whom the Commissioner has made a determination under sub-regulation (4), has attained the age of 18 years but has not attained the age of 46 years;

 (c) unless the Commissioner otherwise decides, is not less than–

 (i) in the case of a male person–170 centimetres in height; or

 (ii) in the case of a female person–155 centimetres in height;

 (d) has been certified by a medical practitioner approved by the Commissioner to be in good health, of sound constitution and fit both physically and mentally to perform the duties of a Protective Service Constable;

 (e) has produced evidence to the satisfaction of the Commissioner of his good character and reputation and, where the person has, at any time, been–

 (i) a member of the Defence Force, an existing Police Force, or the police force of a State or the Northern Territory; or

 (ii) an officer or employee of the Australian Public Service or the public service of a State or the Northern Territory,

  of his good conduct while he was such a member, officer or employee; and

 (f) has passed, at such level as the Commissioner determines, such written or oral examinations or tests as the Commissioner determines, being examinations or tests for the purpose of ascertaining whether the person is sufficiently educated, and has the necessary intelligence and aptitudes, to perform duties of the kind performed by a Protective Service Constable, or has undertaken, to the satisfaction of the Commissioner, such training course or courses as the Commissioner determines.

 (3) Except where regulation 5 applies, a person is, for the purposes of sections 25 and 26 of the Act, competent and qualified to hold a rank (in this sub-regulation referred to as the “relevant rank”) other than the rank of Constable or Protective Service Constable if the person–

 (a) has, while serving in the rank that he is holding, discharged his duties to the satisfaction of his superior officers and displayed such ability as would enable him to perform the duties of the relevant rank;

 (b) where the relevant rank is the rank of Sergeant, Protective Service Sergeant, Inspector, Protective Service Inspector or a rank above the rank of Superintendent-has been certified by a medical practitioner approved by the Commissioner to be in good health, of sound constitution and fit both physically and mentally to perform the duties of that rank;

 (c) where the relevant rank is in a component in which the person has not at any time served as an officer-has undertaken, to the satisfaction of the Commissioner, such training course or courses as the Commissioner determines in relation to the relevant rank; and

 (d) where a qualifying examination is prescribed in relation to the relevant rank-has, unless he is exempted by virtue of regulation 9 from taking the qualifying examination, passed that qualifying examination.

 (4) Where–

 (a) a person does not satisfy the requirements in relation to age referred to in paragraph (1) (b) or (2) (b); and

 (b) the Commissioner, having regard to any special physical or intellectual aptitude of the person or the expertise of the person in any particular area, is of the opinion that it is desirable that the person should be appointed to be a member,

the Commissioner may, by instrument in writing, determine that paragraph (1) (b) or (2) (b), as the case may be, shall not apply in respect of that person.

7 Qualifying examinations

  The qualifying examination or each of the qualifying examinations specified in column 3 of an item in Schedule 2, being an examination conducted by the Examination Committee in such subjects as the Examination Committee determines, is prescribed in relation to the rank or each of the ranks specified in column 2 of that item.

8 Prerequisites for qualifying examinations

 (1) A member shall not sit for a qualifying examination specified in column 3 of an item in Schedule 2 unless he has satisfied, or is to be deemed to have satisfied, the conditions set out in column 4 of that item opposite to the name of that examination.

 (2) For the purposes of sub-regulation (1), a member shall be deemed to have satisfied the conditions referred to in that sub-regulation in relation to an examination if the Commissioner certifies in writing that the member is, by reason of his having successfully undertaken a training course determined by the Commissioner for the purposes of paragraph 6 (3) (c), qualified to sit for that examination.

9 Exemption in respect of members of Existing Forces

 (1) A person appointed to be a member in pursuance of section 72 of the Act is exempted from taking a qualifying examination referred to in column 1 of Schedule 3 if–

 (a) in the case of a person who immediately before the commencing date was a member of the Commonwealth Police Force–the person has passed the examination that, under the terms and conditions of service applying in relation to him at the time of the examination, the person was required to pass to qualify for promotion to the rank in the Commonwealth Police Force specified in column 2 of that Schedule opposite to the name of that examination; or

 (b) in the case of a person who immediately before the commencing date was a member of the Police Force of the Australian Capital Territory–the person has passed the examination that, under the terms and conditions of service applying in relation to him at the time of the examination, the person was required to pass to qualify for promotion to the rank in the Police Force of the Australian Capital Territory specified in Column 3 of that Schedule opposite to the name of that examination.

 (2) A person appointed to be a commissioned officer in pursuance of section 72 of the Act, being a person who immediately before the commencing date was a member of the Commonwealth Police Force, is, for the purposes of a promotion or transfer in accordance with sub-section 25 (1) of the Act, exempted from taking the Protective Service Officers’ Qualifying Examination for Commissioned Ranks or the Police Officers’ Qualifying Examination for Commissioned Ranks, as the case requires.

10 Examination Committee

 (1) There is hereby established an Examination Committee that shall consist of such commissioned or non-commissioned officers as are appointed from time to time by the Commissioner.

 (2) An appointment by the Commissioner under sub-regulation (1) shall be published in the Police Gazette.

 (3) The Examination Committee is responsible for making all necessary arrangements for, and in relation to, the holding of the qualifying examinations prescribed under regulation 7 and, for that purpose but without limiting the generality of the foregoing, the Examination Committee shall–

 (a) hold each qualifying examination at least once in every year;

 (b) fix in respect of every year the date or dates on which each qualifying examination is to be held;

 (c) in relation to each qualifying examination-determine the subjects in which the examination is to be conducted, and the syllabus in respect of each of those subjects;

 (d) appoint examiners to set and mark the papers for each qualifying examination;

 (e) determine the standard to be achieved by a candidate to obtain a pass in a qualifying examination or in any particular subject in which the examination is conducted; and

 (f) determine the conditions subject to which a candidate who has not passed a qualifying examination by reason that he has failed in one or more of the subjects in which the qualifying examination has been conducted may be allowed, on the next occasion or the next but one occasion on which the qualifying examination is held, to take the examination in that subject, or those subjects, only in order to qualify for a pass in the qualifying examination.

11 Information in respect of qualifying examinations to be published in the Police Gazette

  The Commissioner shall cause to be published in the Police Gazette–

 (a) not less than 6 months before a qualifying examination is held–the subjects in which the examination is to be conducted and the syllabus in respect of each of those subjects; and

 (b) not less than 3 months before a qualifying examination is held–the dates on which the qualifying examination will be held.

Division 3—Undertakings And Oaths Or Affirmations

12 Undertaking

  For the purposes of sub-section 28 (1) of the Act, the prescribed form is Form 1 in Schedule 4.

13 Oaths and affirmations

 (1) For the purposes of sub-section 28 (2) of the Act–

 (a) an oath in accordance with Form 2 in Schedule 4; and

 (b) an affirmation in accordance with Form 3 in Schedule 4,

are prescribed.

 (2) For the purposes of sub-section 28 (3) of the Act, each of the following oaths and affirmations is prescribed:

 (a) in relation to the component referred to in sub-section 7 (1) of the Act–

 (i) an oath in accordance with Form 2 in Schedule 4;

 (ii) an affirmation in accordance with Form 3 in Schedule 4;

 (b) in relation to the component referred to in sub-section 7 (2) of the Act–

 (i) an oath in accordance with Form 4 in Schedule 4;

 (ii) an affirmation in accordance with Form 5 in Schedule 4.

 (3) For the purposes of sub-section 28 (3) of the Act, a person shall–

 (a) where the person is appointed to be an officer in a component in pursuance of section 72 of the Act–make and subscribe the oath prescribed, or the affirmation prescribed, in relation to that component as soon as practicable after his appointment;

 (b) where the person is appointed to be an officer in a component otherwise than in pursuance of section 72 of the Act–make and subscribe the oath prescribed, or the affirmation prescribed, in relation to that component before commencing to perform his duties as an officer of the component;

 (c) where the person, being an officer in the component referred to in sub-section 7 (2) of the Act–

 (i) is promoted to, or directed to act in, a higher rank in the other component; or

 (ii) is transferred to an equivalent rank in the other component,

  make and subscribe the oath or affirmation prescribed in relation to the other component before commencing to perform his duties as an officer of the other component; or

 (d) where the person is appointed as a special member to assist in the performance of the functions of a component–make and subscribe the oath prescribed, or the affirmation prescribed, in relation to that component before commencing to perform the duties specified in his instrument of appointment.

Division 4—Appointment on Probation

14 Appointment to be on probation

 (1) A person who, immediately before the commencing date, was serving in an existing Police Force on probation shall, on being appointed as a member in pursuance of section 72 of the Act, be on probation for such period as the Commissioner determines.

 (2) Unless the Commissioner in a particular case otherwise directs, a person other than a person referred to in sub-regulation (1) shall, on being appointed as a member, be on probation for a period of 12 months.

 (3) On the expiration of the period referred to in sub-regulation (1) or (2) in relation to a person, the Commissioner may–

 (a) annul or confirm the appointment of the person as a member; or

 (b) extend the period of probation of the person for a further period not exceeding 12 months.

 (4) Where the Commissioner has extended the period of probation of a person under sub‑regulation (2)–

 (a) the Commissioner may, at any time before the expiration of that period, annul or confirm the appointment of the person as a member; and

 (b) if the Commissioner has not so annulled or confirmed that appointment, the Commissioner shall, on the expiration of that period, annul or confirm the appointment of that person as a member.

 (5) Where the Commissioner annuls the appointment of a person under this regulation, the person shall cease to be a member at such time as the Commissioner specifies in the instrument of annulment.

 (6) Nothwithstanding anything in this section, a person who has been appointed as a member on probation remains on probation until his appointment has been annulled or confirmed.

PART III—PROMOTIONS

Division 1—Selection for Promotion

15 Notification of, and application for promotion to, vacancies

 (1) Where a vacancy occurs, or is expected to occur, in a commissioned rank other than the rank of Inspector or Protective Service Inspector, the Commissioner shall cause to be published in the Police Gazette a notice inviting commissioned officers who are competent and qualified to hold the commissioned rank to apply for promotion to the vacancy.

 (2) Where a vacancy occurs, or is expected to occur, in–

 (a) a non-commissioned rank other than the rank of Constable or Protective Service Constable; or

 (b) the rank of Inspector or Protective Service Inspector,

the Commissioner shall cause to be published in the Police Gazette a notice inviting non‑commissioned officers who are competent and qualified to hold that rank to apply for promotion to the vacancy.

 (3) An application for promotion to a vacancy to which a notice under sub-regulation (1) or (2) refers–

 (a) shall be in writing;

 (b) shall be addressed to the person specified in the notice; and

 (c) shall be delivered by hand or sent by pre-paid post so as to reach that person within 21 days after the date on which the notice was published in the Police Gazette.

16 Selection of applicant for promotion

  After the period provided by sub-regulation 15 (3) for submitting applications for promotion to a vacancy in a rank has expired, the Commissioner may–

 (a) if only one application has been submitted–select the applicant for promotion to the vacancy; or

 (b) if two or more applications have been submitted–select one of the applicants for promotion to the vacancy.

17 Selection to be notified in Police Gazette

 (1) Where the Commissioner has selected a member for promotion to a vacancy in a rank under regulation 16, the Commissioner shall cause a notice of his decision to be published in the Police Gazette.

 (2) A notice under sub-regulation (1) shall state–

 (a) the name and rank of the member; and

 (b) the rank for promotion to which the member has been selected.

Division 2—The Promotion Appeals Board

18 Establishment of Board

  There is hereby established a board to be known as the Promotion Appeals Board.

19 Functions of Board

  The functions of the Board are, subject to these Regulations–

 (a) to hear and determine appeals instituted under regulation 45;

 (b) to hear and determine appeals instituted under regulation 26; and

 (c) to make recommendations to the Commissioner in respect of those appeals.

20 Constitution of Board

 (1) The Board shall consist of the following members:

 (a) a Chairman;

 (b) such number of Deputy Chairmen, not exceeding 7, as the Minister may from time to time determine;

 (c) such number of commissioned officers nominated by the Commissioner, not exceeding 7, as the Minister may from time to time determine;

 (d) in respect of each association–such number of persons elected by the association to be representatives of the association on the Board, not exceeding 7, as the Minister may from time to time determine.

 (2) A member of the Board shall be appointed by the Minister.

 (3) A person shall not be appointed as Chairman or Deputy Chairman of the Board if the person–

 (a) has been at any time a member of an existing Police Force; or

 (b) is, or has been at any time, the Commissioner, a Deputy Commissioner or a member of the Australian Federal Police.

 (4) Subject to this Division, the Board shall, for the purposes of an appeal, be constituted by–

 (a) the Chairman or a Deputy Chairman;

 (b) a commissioned officer referred to in paragraph (1) (c); and

 (c) a representative on the Board of the association of which the appellant is a member or, if there are 2 or more appellants and all of them are not members of the same association, such person, being a representative on the Board of one of the associations, as the Chairman or the Deputy Chairman sitting for the purposes of the appeal (as the case may be) determines.

21 Tenure of office, &c., of member of Board

 (1) Subject to this Part, a member of the Board shall hold office for such term not exceeding 3 years as is specified in the instrument of appointment and is eligible for re-appointment.

 (2) A member of the Board shall be paid such remuneration and allowances as are specified in the instrument of appointment.

22 Resignation of members

  A member of the Board may resign his office by writing under his hand delivered to the Minister.

23 Termination of appointments

 (1) Where a member of the Board–

 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupts or insolvent debtors or compounds with his creditors; or

 (b) is guilty of misbehaviour or becomes physically or mentally incapable of performing the duties of his office,

the Minister shall remove the member from office.

 (2) Where–

 (a) before the expiration of the term of office of a member of the Board who is a representative of an association on the Board, the association, in accordance with the rules of the association, elects another person to be, in the place of the member, a representative of the association on the Board; and

 (b) the association notifies the Minister in writing accordingly,

the Minister shall terminate the appointment of the first-mentioned member.

24 Acting appointments

 (1) In this regulation–

“member” means a member of the Board other than the Chairman or a Deputy Chairman;

“prescribed person”–

 (a) in relation to the Chairman or a Deputy Chairman–means a person other than a person referred to in paragraph 20 (3) (a) or (b); and

 (b) in relation to a member-means a person nominated or elected, as the case may be, in the same manner as the member was nominated or elected for appointment to the Board.

 (2) The Minister may appoint a prescribed person to act as Chairman, Deputy Chairman or member–

 (a) during a vacancy in the office of Chairman, a Deputy Chairman or a member (as the case may be) whether or not an appointment has previously been made to the office; or

 (b) during any period, or during all periods, when the Chairman, the Deputy Chairman or the member, as the case may be, is absent from duty or from Australia or is, for any other reason, unable to perform the duties of his office,

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 (3) An appointment of a person under sub-section (2) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

 (4) The Minister may–

 (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under sub-regulation (2); and

 (b) terminate such an appointment at any time.

 (5) Where a person is acting as Chairman, Deputy Chairman or member in accordance with paragraph (2) (b) and the office of the Chairman, the Deputy Chairman or the member (as the case may be) becomes vacant while that person is so acting, then, subject to sub‑section (3), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

 (6) The appointment of a person to act as Chairman, Deputy Chairman or member ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.

 (7) While a person is acting as Chairman, Deputy Chairman or member–

 (a) the person has and may exercise all the powers, and shall perform all the functions, of the Chairman, Deputy Chairman or the member (as the case may be) under this Part; and

 (b) a reference in sub-regulation 20 (4) to the Chairman, a Deputy Chairman or the member (as the case may be) shall be read as a reference to the person so acting.

 (8) The validity of anything done by a person purporting to act under sub-section (2) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.

25 Secretary

  There shall be a Secretary to the Board who shall be appointed by the Minister.

26 Appeal against selection for promotion

 (1) A member who–

 (a) submitted an application for promotion to a vacancy under sub-regulation 15 (1) or (2); and

 (b) is aggrieved by the decision of the Commissioner to select another member for promotion to the vacancy,

may, by giving notice of appeal in accordance with sub-regulation (2), appeal to the Board from the decision of the Commissioner.

 (2) A notice of appeal under this regulation–

 (a) shall be in writing signed by the appellant;

 (b) shall state–

 (i) the name and rank of the appellant;

 (ii) the name and rank of the member who has been selected for promotion to the vacancy; and

 (iii) the grounds on which the appellant contends that the appellant should have been selected for promotion to the vacancy; and

 (c) shall be lodged with the Secretary to the Board within 21 days of the date of the notification in the Police Gazette of the decision of the Commissioner.

27 Statements, &c., to be submitted to Board

  Where a member has, in accordance with regulation 26, instituted an appeal from a decision of the Commissioner to select another member for promotion to a rank, the Secretary to the Board shall–

 (a) notify the Commissioner and the other member of the particulars of the appeal;

 (b) by notice in writing, request the Commissioner to submit to the Board within such period as is specified in the notice–

 (i) a written statement in support of his decision; and

 (ii) any document that the Commissioner may wish the Board to take into consideration in deciding the appeal;

 (c) by notice in writing, request the appellant and the member selected for promotion each to submit to the Board, within such period as is specified in the notice–

 (i) any written statement that he may wish to make stating the facts that he wishes the Board to take into consideration in deciding the appeal; and

 (ii) any documents that he considers relevant to the appeal; and

 (d) inform the appellant and the member selected for promotion that they are entitled to attend at the hearing of the appeal.

28 Parties to an appeal

  For the purposes of the hearing of an appeal from a decision of the Commissioner to select a member for promotion to a rank, each of the following is a party to the appeal–

 (a) the appellant;

 (b) the member selected for promotion;

 (c) the Commissioner.

29 Hearings by the Board

 (1) The Board shall sit at such times and places as the Board determines.

 (2) The Secretary to the Board shall cause notice of the time and place fixed for the hearing of an appeal to be given to each party to the appeal.

 (3) The Board may adjourn the hearing of proceedings before it from time to time.

 (4) Any member of the Board may ask a party to an appeal any question that the member considers relevant to the appeal and the Board may, in its discretion, require a party to give evidence on oath or affirmation and, for that purpose, the Chairman or the Deputy Chairman participating in the hearing (as the case may be) may administer an oath or affirmation.

 (5) Subject to this Division, the procedure on the hearing of an appeal is within the discretion of the Board.

 (6) If the members constituting the Board for the purposes of an appeal are divided on any question before the Board, the question shall be decided in accordance with the opinion of the majority.

 (7) The hearing of an appeal by the Board shall not be open to the public.

30 Rights of parties to an appeal

 (1) A party to an appeal is entitled to appear in person before the Board, to address the Board and to submit any document that the party considers relevant to the appeal.

 (2) The Commissioner may, at the hearing of an appeal, be represented by a commissioned officer appointed by the Commissioner for that purpose and the Commissioned officer so appointed may address the Board and submit any document that he considers relevant to the appeal.

31 Powers of Board

  For the purpose of determining an appeal in relation to a proposed promotion to a rank, the Board–

 (a) shall, in relation to each party to the appeal other than the Commissioner, have regard to his competence and qualification to hold that rank;

 (b) shall take into consideration–

 (i) all written statements and documents submitted by the parties to the appeal; and

 (ii) the answers given, and any oral statement made, by each party at the hearing of the appeal;

 (c) may obtain the views of any referee nominated by a party to the appeal other than the Commissioner; and

 (d) shall make full inquiries into the claims of each party to the appeal.

32 Determination of appeal by Board

 (1) Where, on an appeal to the Board in relation to a proposed promotion to a rank, the Board is satisfied that full inquiries have been made into the claims of each party to the appeal, then–

 (a) if the Board, having regard to the provisions of section 36 of the Act, is satisfied that the appellant has a better claim to promotion to that rank than the member who has been selected for promotion, the Board shall, subject to sub-regulation (2), allow the appeal and recommend to the Commissioner that the appellant be promoted to that rank; and

 (b) in any other case–the Board shall dismiss the appeal and recommend to the Commissioner that the member selected by the Commissioner for promotion to that rank be so promoted.

 (2) Where–

 (a) there are 2 or more appellants from a decision of the Commissioner to select a member for promotion to a rank; and

 (b) the Board is satisfied that 2 or more of those appellants have a better claim to promotion to that rank than the member selected for promotion,

the Board shall–

 (c) allow the appeal of only one of the appellants referred to in paragraph (b), being the appellant whom, having regard to the provisions of section 36 of the Act, it considers to have the better or best claim to promotion to that rank, and recommend to the Commissioner that that appellant be promoted to that rank; and

 (d) dismiss the appeal of the other appellant or of each of the other appellants, as the case may be.

33 Promotion to be notified in Police Gazette

  The promotion of any member in accordance with section 25 or 26 of the Act shall be notified in the Police Gazette.

Division 3—Seniority

34 Seniority

 (1) For the purposes of section 36 of the Act, the relative seniority, on a particular day, of 2 members each holding a different rank shall be determined by reference to the level of the rank held by each of the members on that day.

 (2) For the purposes of section 36 of the Act, the relative seniority, on a particular day, of 2 members holding the same rank, being members who were appointed or promoted or last appointed or promoted, as the case may be, to that rank on different days, shall be determined by reference to the day on which each of those members was so appointed or promoted.

 (3) For the purposes of section 36 of the Act, the relative seniority, on a particular day, of 2 members holding the same rank, being members who were appointed or promoted or last appointed or promoted, as the case may be, to that rank on the same day, shall, unless sub-regulation (5) applies in relation to those members, be determined by elimination in accordance with the following paragraphs:

 (a) if, on the day immediately preceding the last-mentioned day, one of those members was, in accordance with sub-regulation (1) or (2), the senior member, the other member shall be eliminated;

 (b) if as a result of the application of paragraph (a), neither of the members is eliminated, sub-regulations (1) and (2) and paragraph (a) shall be applied, in descending order, in relation to each of the ranks previously held by those members until one of the members is eliminated.

 (4) Where, by the application of sub-regulation (3), one of two members is eliminated, the remaining member shall be taken to be the senior member.

 (5) For the purposes of section 36 of the Act, the relative seniority, on a particular day, of 2 members holding the same rank shall, if those members are persons who were appointed to that rank in pursuance of section 72 of the Act, be determined–

 (a) as between persons who were members of the same existing Police Force–by reference to the relative seniority of those persons as members of that existing Force immediately before the commencing date; and

 (b) as between persons who were members each of a different existing Police Force–by reference, in respect of each person, to the date on which the person was appointed or last appointed, as the case may be, to be a member of the existing Police Force of which the person was a member immediately before the commencing date.

 (6) For the purposes of this regulation–

 (a) members holding equivalent ranks in different components shall be deemed each to be holding the same rank as the other member or members;

 (b) where a member was transferred to a rank in a component from an equivalent rank in the other component–

 (i) the member shall be deemed to have been appointed or promoted to the first‑mentioned rank on the date of his appointment or promotion (as the case may be) to the rank from which he was transferred to that rank; and

 (ii) the service of the member in the rank from which he was transferred to the first-mentioned rank shall be deemed to have been service in the first-mentioned rank; and

 (c) a rank specified in column 1 of the following table is equivalent to the rank, being a rank in the other component, specified in column 2 of that table opposite to the name of the first-mentioned rank:

PART IV—ASSOCIATIONS

35 Members may form associations

  Members may, subject to this Part, form not more than 2 associations for the purpose of furthering and protecting their interests as employees in all industrial matters with which they are concerned.

36 Membership of association

  An association may include as its members police officers, protective service officers or both.

37 Name of association

 (1) An association shall not use an appellation that includes the words “Commonwealth Police Officers Association” unless its members include the majority of the persons who, immediately before the commencing date, were members of the association then known as the Commonwealth Police Officers Association.

 (2) An association shall not use an appellation that includes the words “Federal Police Association” unless its members include the majority of the persons who, immediately before the commencing date, were members of the association then known as the Federal Police Association.

38 Rules of association to contain certain provisions

  The rules of an association formed in accordance with this Part shall make provision–

 (a) enabling the association to make agreements with the Minister relating to terms or conditions of service of members of the association;

 (b) for the election from time to time of persons to be representatives of the association on the Promotion Appeals Board; and

 (c) for the election from time to time of a person to be the representative of the association on the Disciplinary Board established under the Australian Federal Police (Discipline) Regulations.

PART V—MISCELLANEOUS

39 Police Gazette

  The Commissioner shall issue periodically, at intervals not greater than 1 month, a publication, to be known as the Australian Federal Police Gazette, containing such orders, instructions, determinations, directions, notices and other things as are required to be published in it by these Regulations or as he thinks fit.

40 Evidence of undertaking, &c.

 (1) The Commissioner may, by writing signed by him, certify–

 (a) that a specified person did, on the date specified in the certificate, enter into an undertaking, in accordance with the prescribed form, relating to the performance of his duties;

 (b) that the specified person did, on the date specified in the certificate, make and subscribe–

 (i) if the person is a Deputy Commissioner–the prescribed oath or the prescribed affirmation, as the case may be; or

 (ii) if the person is a person appointed to the Australian Federal Police under Division 2 of Part IV of the Act–the prescribed oath or the prescribed affirmation, as the case may be, in relation to the component specified in the certificate; or

 (c) that the oath or the affirmation referred to in paragraph (b) in relation to the person was made and subscribed before a person authorized by the Minister or Commissioner for the purposes of sub-section 28 (2) or (3) of the Act, as the case may be.

 (2) In any proceedings, a certificate of a kind referred to in sub-regulation (1) is evidence of the facts stated in the certificate.

 (3) A document purporting to be a certificate under sub-regulation (1) shall, unless the contrary is proved, be deemed to be such a certificate.

 (4) A reference in sub-regulation (1) to the Minister shall, if the Minister has, in accordance with section 66 of the Act, delegated to a person his powers in relation to sub‑section 28 (2) of the Act, be read as a reference to that person.

41 Resignation by prospective candidate at an election

 (1) Where a member proposes to resign from the Australian Federal Police for the purpose of becoming a candidate at an election of a member or members of the Parliament of the Commonwealth, the Parliament of a State, the Legislative Assembly of the Northern Territory of Australia or the Australian Capital Territory House of Assembly, the member shall–

 (a) give notice in writing to the Commissioner of his intention to resign for that purpose; and

 (b) forward that notice to the Commissioner so as to reach the Commissioner not less than 2 weeks before the date on which he proposes to resign.

 (2) A member may not resign from the Australian Federal Police for the purpose of becoming a candidate at an election referred to in sub-regulation (1) on a date that is earlier than the date of issue of the writ for the election or later than the date on which the nominations for the election close.

42 Re-appointment of person who resigned from the Australian Federal Police to become a candidate at an election

 (1) Where–

 (a) a person who was a member resigned from the Australian Federal Police for the purpose of becoming a candidate at an election referred to in sub-regulation 41 (1);

 (b) the person failed to be nominated at the election or, having been nominated, failed to be elected at the election; and

 (c) within 2 months after the declaration of the result of the election, the person applies in writing to the Commissioner for re-instatement as a member of the Australian Federal Police,

the person shall be re-appointed in accordance with section 25 or 26 of the Act, as the case requires, to the rank that he was holding immediately before his resignation.

 (2) The re-appointment of a person in pursuance of this regulation shall not be on probation.

 (3) A person who is re-appointed to be a member of the Australian Federal Police in pursuance of this regulation–

 (a) is entitled to be paid salary at the rate at which salary was payable to him immediately before his resignation or, if that rate was, after the day on which he ceased to be a member and before the day on which he again became a member, varied by reason of a determination of the Tribunal or of an agreement made by the Minister with an association under section 31 of the Act, at that rate as so varied; and

 (b) shall be deemed to have continued in the Australian Federal Police as if he had not resigned but had been on leave of absence without pay during the period that commenced on the day immediately following the day on which he ceased to be a member and ended on the expiration of the day immediately preceding the day on which he again became a member.

 (4) The period referred to in paragraph 3 (b) in relation to a member shall, for all purposes, be deemed to form part of the period of service of the member in the Australian Federal Police.

 (5) In sub-regulation (3), “Tribunal” means the Federal Police Arbitral Tribunal established by section 42 of the Act.

43 Return of property, &c.

 (1) A person who has ceased to be a member shall return to the Commissioner all property (including accoutrements and clothing) that had been supplied to him for the purposes of his service as a member or that is in his custody by virtue of that service.

Penalty: $500.

 (2) The Commissioner may make application to a Magistrate for a warrant authorizing the Commissioner to enter and search premises or a place for the purpose of ascertaining whether property referred to in sub-regulation (1) in relation to a person, being property that the person has failed to return to the Commissioner in accordance with that sub‑regulation, is to be found on those premises or that place.

 (3) If, on an application under sub-regulation (2), a Magistrate is satisfied by information on oath or affirmation that there are reasonable grounds for believing that–

 (a) such property as is referred to in the information is to be found in the premises or place; and

 (b) the issue of a warrant is reasonably required for the recovery of that property,

the Magistrate may grant a warrant authorizing the Commissioner, with such assistance as he thinks appropriate and if necessary by force, to enter and search the premises or place during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, for the purpose referred to in sub-regulation (2) and to seize any such property that he may find in the premises or place.

44 Delegation by Commissioner

 (1) The Commissioner may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a member any of his powers under these Regulations, other than this power of delegation.

 (2) A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Commissioner.

 (3) A delegation under this regulation does not prevent the exercise of a power by the Commissioner.

PART VI—TRANSITIONAL

45 Appeals in relation to certain appointments made in pursuance of section 72 of the Act

 (1) Where–

 (a) a person was, immediately before the commencing date, serving in a rank in an existing Police Force by virtue of a promotion that is a prescribed promotion for the purposes of section 78 of the Act; and

 (b) that person was, in pursuance of section 72 of the Act, appointed to an equivalent rank in the Australian Federal Police,

any member, being a person who immediately before the commencing date was a member of that existing Police Force and had a right of appeal against the prescribed promotion, may (whether or not he had lodged or commenced an appeal against the prescribed promotion before that date), by giving notice of appeal in accordance with sub-regulation (3), appeal against the appointment of the person to the rank to which that person was appointed in pursuance of section 72 of the Act.

 (2) An appeal under this regulation against the appointment of a person shall–

 (a) if the appellant had before the commencing date lodged an appeal against the promotion referred to in paragraph (1) (a) in relation to that person-be on the same grounds as those that were included in the notice of appeal lodged by the appellant in respect of that promotion; or

 (b) if the appellant had not lodged such an appeal before the commencing date-on such grounds as would have been available to the appellant in support of such an appeal if the appellant had lodged such an appeal and that appeal had been heard before the commencing date.

 (3) A notice of appeal under this regulation–

 (a) shall be in writing signed by the appellant;

 (b) shall state–

 (i) the name and rank of the appellant;

 (ii) the existing Police Force of which the appellant was a member immediately before the commencing date and the rank held by the appellant in that Force;

 (iii) the name of the person against whose appointment the appellant is appealing and the rank to which that person has been appointed; and

 (iv) the grounds on which the appellant intends to rely at the hearing of the appeal; and

 (c) shall be lodged with the Secretary to the Board not later than 21 days after the commencing date.

46 Application of regulations to appeals under this Part

 (1) Where an appeal has been instituted under regulation 45, regulations 27 and 28 shall, subject to sub-regulation (2) of this regulation, apply to that appeal.

 (2) For the purpose of their application by virtue of sub-regulation (1), regulations 27 and 28 shall be read as if–

 (a) a reference to an appeal from a decision of the Commissioner to select a member for promotion to a rank were a reference to an appeal against an appointment to a rank in pursuance of section 72 of the Act of a person who immediately before the commencing date was serving in an equivalent rank in an existing Police Force by virtue of a prescribed appointment;

 (b) a reference to the other member or the member selected for promotion were a reference to the person appointed in pursuance of section 72 of the Act; and

 (c) the reference in sub-paragraph 27 (b) (i) to a written statement in support of the decision of the Commissioner shall be read as a reference to a written statement in support of the prescribed promotion of the person so appointed.

47 Determination of appeal by the Board

 (1) Where on an appeal to the Board against an appointment to a rank in pursuance to section 72 of the Act of a person (in this regulation referred to as the “appointee”) who immediately before the commencing date was serving in an equivalent rank in an existing Police Force (in this regulation referred to as the “existing rank”) by virtue of a prescribed promotion, the Board is satisfied that full inquiries have been made into the claims of each party to the appeal, then–

 (a) if the Board is satisfied that the appellant had a better claim than the appointee to promotion to the existing rank, the Board shall, subject to sub-regulation (2), allow the appeal; and

 (b) in any other case-the Board shall dismiss the appeal.

 (2) Where–

 (a) there are 2 or more appellants against an appointment referred to in sub‑regulation (1); and

 (b) the Board is satisfied that 2 or more of those appellants had a better claim than the appointee to promotion to the existing rank,

the Board shall–

 (c) allow the appeal of only one of the appellants referred to in paragraph (b), being the appellant whom it considers to have had the better or best claim to promotion to the existing rank; and

 (d) dismiss the appeal of the other appellant or of each of the other appellants, as the case may be.

 (3) Where the Board has, under sub-regulation (1) or (2), allowed an appeal against an appointment referred to in sub-regulation (1), the Board shall recommend to the Commissioner–

 (a) that the appointment of the appointee to the rank to which he had been appointed be revoked;

 (b) that the appointee be appointed to the rank in the Australian Police Force to which, but for the prescribed promotion, he would have been appointed in pursuance of section 72 of the Act; and

 (c) that the appellant be appointed to the rank to which the appointee had been appointed in pursuance of section 72 of the Act.

48 Appointments, &c., made in pursuance of recommendations of the Board

 (1) Where the Board has made a recommendation under paragraph 47 (3) (a) in relation to the revocation of an appointment, the appointment shall be revoked by the person who made the appointment.

 (2) Where the Board has made a recommendation under paragraph 47 (3) (b) or (c) in relation to the appointment of a person to a rank in the Australian Federal Police, the person shall be appointed to that rank in accordance with section 25 or 26 of the Act, as the case requires.

 (3) The revocation of an appointment, or the appointment of a person, made in pursuance of this regulation shall be deemed to have taken effect on the commencing date.

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 SCHEDULE 1 Regulation 5

Table 1

EQUIVALENT RANKS FOR THE PURPOSES OF THE APPOINTMENT OF MEMBERS OF THE COMMONWEALTH POLICE FORCE TO RANKS IN THE AUSTRALIAN FEDERAL POLICE

Table 2

EQUIVALENT RANKS FOR THE PURPOSES OF THE APPOINTMENT OF MEMBERS OF THE POLICE FORCE OF THE AUSTRALIAN CAPITAL TERRITORY TO RANKS IN THE AUSTRALIAN FEDERAL POLICE

_______________

 SCHEDULE 2 Regulations 7 and 8

QUALIFYING EXAMINATIONS

_______________

 SCHEDULE 3 Regulation 9

EXEMPTIONS FROM EXAMINATIONS IN RELATION TO PERSONS APPOINTED UNDER SECTION 72 OF THE ACT

_______________

SCHEDULE 4

 FORM 1 Regulation 12

COMMONWEALTH OF AUSTRALIA

Australian Federal Police Act 1979

UNDERTAKING UNDER SUB-SECTION 28 (1)

I,  , hereby undertake that I shall, in the performance of my duties as a member (or special member) of the Australian Federal Police, comply with the provisions of the Australian Federal Police Act 1979, the Regulations made under that Act and the General Orders and General Instructions issued by the Commissioner under section 14 of that Act.

..............................................................................

Signature

_______________

 FORM 2 Sub-regulations 13 (1) and (2)

OATH

I,   , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will faithfully and diligently exercise and perform all my powers and duties as a member (or special member) of the Australian Federal Police without fear or favour, affection or ill will, from this date until I cease to be a member (or special member) of the Australian Federal Police, that, whenever performing duty in the Australian Capital Territory, I will cause Her Majesty's peace to be kept and preserved, and prevent, to the best of my power, offences against that peace, and that, while I continue to be a member (or special member) of the Australian Federal Police, I will, to the best of my skill and knowledge, faithfully discharge all my duties according to law:

So help me God!

_______________

 FORM 3 Sub-regulations 13 (1) and (2)

AFFIRMATION

I,   , do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will faithfully and diligently exercise and perform all my powers and duties as a member (or special member) of the Australian Federal Police without fear or favour, affection or ill will, from this date until I cease to be a member (or special member) of the Australian Federal Police, that, whenever performing duty in the Australian Capital Territory, I will cause Her Majesty's peace to be kept and preserved, and prevent, to the best of my power, offences against that peace, and that, while I continue to be a member (or special member) of the Australian Federal Police, I will, to the best of my skill and knowledge, faithfully discharge all my duties according to law.

_______________

 FORM 4 Sub-regulation 13 (2)

OATH

I,   , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, and that I will faithfully and diligently exercise and perform all my powers and duties as a member (or special member) of the Australian Federal Police without fear or favour, affection or ill will, from this date until I cease to be a member (or special member) of the Australian Federal Police:

So help me God!

_______________

 FORM 5 Sub-regulation 13 (2)

AFFIRMATION

I,   , do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, and that I will faithfully and diligently exercise and perform all my powers and duties as a member (or special member) of the Australian Federal Police without fear or favour, affection or ill will, from this date until I cease to be a member (or special member) of the Australian Federal Police.

1. Notified in the Commonwealth of Australia Gazette on 12 October 1979.