Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p58
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 147633–150687

particulars of his reasons for giving the direction"; and
     (d) by omitting from sub-section (6) "Board" and substituting "Committee".

Misconduct while unattached officer
73. Section 63l of the Principal Act is amended—
     (a) by omitting from sub-section (3) "recommend that the Board take action by way of dismissing the officer" and substituting "direct that the officer be dismissed";
     (b) by omitting from sub-section (4) "and to the Board" (first occurring);
     (c) by omitting from sub-section (4) all the words after "satisfied, and if he" and substituting "gives a direction under sub-section (3) in respect

     of the misconduct, he shall also furnish to the officer particulars of his reasons for giving the direction"; and
(d) by omitting from sub-section (6) "Board" and substituting "Committee".

Criminal offences
74. Section 63m of the Principal Act is amended—
     (a) by omitting from sub-section (1) "recommend to the Board that action be taken by way of dismissing the officer" and substituting "direct that the officer be dismissed"; and
     (b) by omitting sub-section (2) and substituting the following sub-section:
    "(2) Where a person gives a direction under sub-section (1) in relation to an officer, he shall furnish to the officer particulars of his reasons for giving the direction.".
75. Section 63n of the Principal Act is repealed and the following section is substituted:

When directions for dismissal take effect
"63n. A direction under sub-section 63k (3), 63l (3) or 63m (1) that an officer be dismissed from the Service takes effect—
     (a) if the officer appeals against the direction—upon the lapsing of the appeal or upon a Disciplinary Appeal Committee confirming the direction; or
     (b) in any other case—upon the expiration of the period within which the officer may appeal to a Disciplinary Appeal Committee against the direction,
but not otherwise.".

Appeals
76. Section 63p of the Principal Act is amended—
     (a) by omitting from sub-section (1) "Board" (first occurring) and substituting "Committee";
     (b) by omitting paragraph (1) (b) and substituting the following paragraph:
        "(b) against a direction under sub-section 63k (3), 63l (3) or 63m (1) that the officer be dismissed from the Service—on the ground that the giving of the direction is, in relation to the finding or conviction in relation to which the direction was given, unduly severe;";
     (c) by omitting from sub-section (2) "recommendation" (wherever occurring) and substituting "direction";
     (d) by omitting from sub-section (2) "made to the Board" and substituting given;

     (e) by omitting from sub-section (3) "Board" and substituting "Committee";
     (f) by omitting from sub-section (3) "recommendation" and substituting "direction";
     (g) by omitting from sub-section (4) "Board" (first occurring) and substituting "Committee";
     (h) by omitting from sub-section (4) "recommendation" (wherever occurring) and substituting "direction"; and
     (j) by omitting from sub-section