Commonwealth Numbered Regulations

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1982 No. 91 Complaints (Australian Federal Police) Regulations - REG 7

Costs
7. (1) Where the Disciplinary Tribunal-

   (a)  under section 67 of the Act, finds a member not guilty of a breach of
        discipline;

   (b)  under section 68 of the Act-

        (i)    on the hearing and determination of an appeal by the
               Attorney-General, affirms the penalty imposed on the member or
               sets aside the penalty and substitutes a less severe penalty;
               or

        (ii)   on the hearing and determination of an appeal by the member,
               sets aside the penalty imposed on the member and substitutes a
               less severe penalty;

   (c)  under section 69 of the Act, sets aside the finding of the
        Commissioner and-

        (i)    substitutes a finding that the member committed a less serious
               breach of discipline; or

        (ii)   dismisses the proceeding; or

   (d)  under section 69 of the Act, sets aside the penalty imposed on the
        member and substitutes a less severe penalty, the Tribunal may order
        that the costs of the proceedings before it incurred by the member, or
        part of those costs, shall be paid by the Commonwealth.

(2) Where, in accordance with this regulation, the Disciplinary Tribunal
orders the Commonwealth to pay costs incurred by a member, the Tribunal may,
in the absence of agreement between the Commonwealth and that member as to the
amount of costs to be so paid, assess the amount of those costs.



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