Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1989 No. 11 of 1990 - SCHEDULE 1

                             SCHEDULE 1                      Section 10

AMENDMENTS OF THE COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981
RELATING TO CAUTIONS AND ADMONITIONS After paragraph 3 (3) (bb):
Insert the following paragraphs:
  "(bc)   a reference to admonishing a member 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;". 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 the Commissioner wishes to make in relation to the
charge, or the acceptance of the caution or admonition, as the case
requires.". Paragraph 24 (1) (c):
Omit "or cautioned", substitute "or offered a caution or admonition".
Subsection 26 (3):
Omit "or cautioned", substitute "or offered a caution or admonition".
Paragraphs 36 (1) (c) and (2) (c):
Omit "or cautioned", substitute "or offered a caution or admonition".
Subsections 36 (3) and (3a):
Omit "or cautioned", substitute "or offered a caution or admonition".
Subsection 49 (4):
Omit "or cautioned", substitute "or offered a caution or admonition".
Paragraph 52 (2) (b):
Omit "or cautioned", substitute "or offered a caution or admonition". After
section 66A:
Insert the following section: Proceedings for charge where admonition not
accepted

"66B. Where:

   (a)  a member is offered an admonition for a breach of discipline; and

   (b)  the member does not accept the admonition; the Commissioner shall
        institute proceedings against the member in respect of the breach of
        discipline.". Subsection 67 (1):
Insert "or admonition" after "caution".