Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p23
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 23/27)
Character Range: 56383–59192

for a breach of discipline shall be construed as a reference to admonishing a member for a breach of discipline in accordance with regulations made under the Australian Federal Police Act 1979;

       (bd) a reference to a member being offered or accepting an admonition shall be construed as a reference to a member being offered or accepting, as the case may be, an admonition in accordance with regulations made under the Australian Federal Police Act 1979;".

Subsections 11 (1) and (2):

  Omit "or cautioning", substitute ", or offering a caution or an admonition to,".

Subsection 11 (3):

  Omit paragraphs (b) and (c), substitute the following paragraphs:

       "(b) that a member or members be offered a caution;

       (c) that a member or members be offered an admonition; or

       (d) that no action be taken by way of charging, or offering a caution or admonition to, a member or members;".

Subsection 11 (7):

  Omit "or cautioning" (wherever occurring), substitute ", or offering a caution or admonition to,".

Paragraph 11 (9) (ba):

  Omit the paragraph, substitute the following paragraphs:

       "(ba) a reference to the offering of a caution to a member shall be construed as a reference to the offering of a caution to a member for a breach of discipline;

       (bb) a reference to the offering of an admonition to a member shall be construed as a reference to the offering of an admonition to a member for a breach of discipline;".

SCHEDULE 1—continued

Sections 12 and 13:

Repeal the sections, substitute the following sections:

Notification of charges etc. to Ombudsman

       "12. (1) Where, under section 11, a member is:

       (a) charged with an offence or breach of discipline; or

       (b) offered a caution or admonition for a breach of discipline;

the Commissioner shall notify the Ombudsman, in writing, that the member has been so charged or has been offered a caution or admonition, as the case requires.

       "(2) Where:

       (a) a member is, under section 11, offered a caution or admonition for a breach of discipline; and

       (b) the member refuses to accept the caution or admonition;

the Commissioner shall notify the Ombudsman, in writing, that:

       (c) the member has refused the caution or admonition; and

       (d) the member has been charged with a breach of discipline.

Notification of charges etc. to complainant

"13. Where, under section 11, a member is charged with an offence or breach of discipline, or accepts a caution or admonition for a breach of discipline, the Commissioner shall, unless the identity of the complainant is unknown, as soon as practicable notify the complainant, in writing, that the member has been so charged, or has accepted the caution or admonition, and give to the complainant any comments