{"id":"F1996B01215","name":"Australian Federal Police (Discipline) Regulations 1979","slug":"australian-federal-police-discipline-regulations-1979","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"211 of 1979","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29033,"registerId":"commonwealth-F1996B01215-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1 Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations \\[see Note 1\\]","content":"1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Australian Federal Police (Discipline) Regulations 1979.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"2 Interpretation\n\nIn these Regulations:\n\n> accredited laboratory means an accredited pathology laboratory within the meaning of the Health Insurance Act 1973.\n\n> Act means the Australian Federal Police Act 1979.\n\n> AFP appointee means an AFP employee, a special member or a special protective service officer.\n\n> Complaints Act means the Complaints (Australian Federal Police) Act 1981.\n\n> Disciplinary Tribunal means the Federal Police Disciplinary Tribunal established by section 54 of the Complaints Act.\n\n> medical practitioner has the same meaning as in the Health Insurance Act 1973.\n\n> nurse means a registered nurse.\n\n> Note The following expressions used in these Regulations are defined in subsection 4 (1) of the Act:\n\n> Note:  AFP employee\n\n> Note:  blood test\n\n> Note:  body sample\n\n> Note:  breath test\n\n> Note:  commissioned police officer\n\n> Note:  Commissioner\n\n> Note:  Commissioner’s Orders\n\n> Note:  Deputy Commissioner\n\n> Note:  duties\n\n> Note:  member of the Australian Federal Police\n\n> Note:  prohibited drug\n\n> Note:  prohibited drug test\n\n> Note:  protective service functions\n\n> Note:  protective service officer\n\n> Note:  senior executive AFP employee\n\n> Note:  special member\n\n> Note:  special protective service officer.\n\n \n\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Conduct of AFP appointees","content":"Part 2 Conduct of AFP appointees\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Performance of duties","content":"3 Performance of duties\n\nAn AFP appointee must at all times:\n\n(a) behave with courtesy to the public; and\n\n(b) comply with the applicable provisions of any law.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Regard to guidelines","content":"4 Regard to guidelines\n\nAn AFP appointee must have regard to any official guidelines that apply to the performance of his or her duties.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Entries in books etc","content":"5 Entries in books etc\n\nAn AFP appointee must not:\n\n(a) wilfully or negligently omit to make an entry that he or she is required to make in any official book, document or record;\n\n(b) knowingly make in any official book, document or record an entry that is false or misleading; or\n\n(c) without lawful authority or excuse:\n\n(i) alter, add to or erase any entry that has been made in any official book, document or record; or\n\n(ii) destroy or mutilate any official book, document or record.\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"False or misleading statements","content":"6 False or misleading statements\n\nIn the course of his or her employment or appointment, an AFP appointee must not knowingly make a statement, whether written or oral, that is false or misleading.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Property in the possession of AFP appointee","content":"7 Property in the possession of AFP appointee\n\nAn AFP appointee must:\n\n(a) as soon as practicable, report any loss of, or damage to, property issued to him or her or in his or her care; and\n\n(b) properly account for, or make a prompt and true return of, any money or property received in the course of his or her employment or appointment.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Use of firearms","content":"8 Use of firearms\n\n(1) This regulation applies to each of the following persons:\n\n(a) a member of the Australian Federal Police (other than the Commissioner or a Deputy Commissioner);\n\n(b) a special member;\n\n(c) a protective service officer;\n\n(d) a special protective service officer.\n\n(2) If the person is issued with a firearm, the person must not use the firearm except as authorised by Commissioner’s Orders.\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Improper conduct","content":"9 Improper conduct\n\n(1) An AFP appointee must not:\n\n(a) use the fact that he or she is an AFP appointee for the purpose of obtaining any personal advantage, or any advantage for another person; or\n\n(b) without lawful authority or excuse, take, use or possess any property belonging to the Commonwealth for a purpose not connected with his or her employment or appointment; or\n\n(c) wilfully or negligently waste, or cause any loss or damage to, any property belonging to the Commonwealth and made available to, or for the use of, the AFP appointee or the Australian Federal Police; or\n\n(d) place himself or herself under a pecuniary obligation to a person so that there are reasonable grounds for believing that the person may be able to influence the AFP appointee in the manner in which he or she is to carry out his or her duties; or\n\n(e) act in a manner that is prejudicial to the good order and discipline of the Australian Federal Police; or\n\n(f) act in a manner that brings, or is likely to bring, discredit to the reputation of the Australian Federal Police.\n\n(2) For this regulation, property in the possession, custody or control of the Commonwealth is taken to belong to the Commonwealth.\n\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"AFP appointee not to drink, take drugs or be on licensed premises","content":"10 AFP appointee not to drink, take drugs or be on licensed premises\n\n(1) An AFP appointee must not:\n\n(a) by drinking alcohol or taking any drug, become unfit to perform his or her duties; or\n\n(b) without the consent of the senior executive AFP employee under whose control, direction or supervision he or she performs duties, drink alcohol, or take any drug (other than for medical purposes) while on duty; or\n\n(c) enter any restricted premises, without good cause, while on duty.\n\n(2) The following persons must not, without good cause, enter any restricted premises while in uniform or wearing a distinctive part of the uniform:\n\n(a) a member of the Australian Federal Police (other than the Commissioner or a Deputy Commissioner);\n\n(b) a special member;\n\n(c) a protective service officer;\n\n(d) a special protective service officer.\n\n(3) If an AFP appointee thinks that another AFP appointee under his or her control, direction or supervision is, because of having drunk alcohol or taken any drug, incapable of performing his or her duties efficiently, the first-mentioned AFP appointee must immediately suspend that AFP appointee from duty and report the matter to a senior executive AFP employee.\n\n(4) For this regulation, restricted premises means premises:\n\n(a) for which a licence or permit has been granted under a law of a State or Territory that authorises the sale of alcohol for consumption on the premises; or\n\n(b) where gaming or betting may lawfully be carried out under a law of a State or Territory; or\n\n(c) for which a licence or permit has been granted under a law of a State or Territory regulating places of entertainment.\n\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Intentionally prejudicing police services or protective service functions","content":"11 Intentionally prejudicing police services or protective service functions\n\nAn AFP appointee must not, with the intention of prejudicing police services or protective service functions, do either of the following:\n\n(a) fail to give prompt attention to his or her duties;\n\n(b) be absent from duty without authority.\n\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Information — unauthorised disclosure, use or access","content":"12 Information — unauthorised disclosure, use or access\n\n(1) If:\n\n(a) a complaint or allegation has been made by any person that an AFP appointee has committed a disciplinary offence; or\n\n(b) an investigation is being carried out in relation to such a complaint or allegation;\n\nanother AFP appointee must not, without lawful authority or excuse, disclose or take any action that brings, or is intended to bring, to the notice of that AFP appointee or any other AFP appointee that the complaint or allegation has been made or that the investigation is being carried out.\n\n(2) An AFP appointee must not, except in the performance of his or her duties:\n\n(a) use or communicate to another person any information that comes to the AFP appointee’s knowledge, or into his or her possession, by reason of being an AFP appointee; or\n\n(b) obtain access to information by reason of being an AFP appointee.\n\n(3) For the purposes of paragraph (2) (b), an AFP appointee is taken to have obtained access to information even if:\n\n(a) the information is not in the possession, or under the control, of the Australian Federal Police; or\n\n(b) whether or not paragraph (a) applies — the information consists of a computer program or part of a computer program, or is otherwise stored in, or entered or copied into, a computer.\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"AFP appointee not to solicit or receive gifts","content":"13 AFP appointee not to solicit or receive gifts\n\nAn AFP appointee must not directly or indirectly solicit or accept a gift or gratuity from a person concerned directly or indirectly with any matter in which the Australian Federal Police, or the AFP appointee, in the performance of his or her duties, is interested or concerned.\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Performance of work outside the Police Force","content":"14 Performance of work outside the Police Force\n\n(1) Except with the written permission of the Commissioner, an AFP appointee must not:\n\n(a) hold a paid office in connection with the conduct of any business; or\n\n(b) engage in business, whether as a principal or agent; or\n\n(c) engage or continue in the private practice of a profession, occupation or trade; or\n\n(d) engage in any paid employment other than in connection with duties as an AFP appointee.\n\n(2) Nothing in subregulation (1) prevents an AFP appointee from becoming a member or shareholder of an incorporated company or of a company or society of persons registered under the law of a State or Territory but, except as provided by subregulation (3), an AFP appointee must not take any part in the conduct of the business of the company or society otherwise than in the exercise of his or her rights as a member or shareholder of the company or society.\n\n(3) An AFP appointee may, with the written approval of the Commissioner, act as a director of a co‑operative society that is registered under the law of a State or Territory and does not enter into contracts for the supply of goods or services to the Commonwealth.\n\n(4) The Commissioner may, at any time, withdraw a permission or approval granted under this regulation.\n\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Bankrupt AFP appointee","content":"15 Bankrupt AFP appointee\n\nAn AFP appointee who becomes a bankrupt must:\n\n(a) as soon as practicable, tell the Commissioner that he or she is a bankrupt; and\n\n(b) give the Commissioner information about his or her bankruptcy, as required by the Commissioner.\n\n \n\nPart 3 Drug testing\n\nDivision 3.1 General provisions\n\n16 Meaning of authorised person\n\nFor this Part:\n\n> authorised person means:\n\n(a) in relation to a direction to undergo a breath test, blood test or prohibited drug test — a person authorised under regulation 17; and\n\n(b) in relation to the conduct of a breath test, blood test or prohibited drug test, or to operate equipment for that purpose — a person authorised under regulation 18.\n\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Persons authorised to give directions","content":"17 Persons authorised to give directions\n\n(1) The Commissioner may, by instrument in writing, authorise a person for the purposes of subsection 40M (1) or 40N (1), (2) or (4) of the Act.\n\n(2) The Commissioner may authorise:\n\n(a) a person by name; or\n\n(b) the holder, from time to time, of a particular position by reference to the title of that position.\n\n(3) The Commissioner must issue an authorised person with a certificate stating that he or she is an authorised person.\n\n(4) An authorised person must, if requested to do so, show his or her certificate to any AFP employee or special member who is directed by that person to undergo a test for sections 40M and 40N of the Act.\n\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Persons authorised to conduct tests and to operate equipment for that purpose","content":"18 Persons authorised to conduct tests and to operate equipment for that purpose\n\nThe persons specified in column 2 of Schedule 1 are authorised to conduct the test specified in column 1 of the Schedule and to operate equipment for that purpose.\n\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Conduct of tests — general","content":"19 Conduct of tests — general\n\n(1) A breath test, blood test or prohibited drug test conducted for the purposes of sections 40M and 40N of the Act must be conducted in a respectful manner and must at least:\n\n(a) be conducted in circumstances affording reasonable privacy to the AFP employee or special member; and\n\n(b) not be conducted in the presence or view of a person whose presence is not necessary for the purposes of conducting the test; and\n\n(c) not involve the removal of more clothing than is necessary for the conduct of the test; and\n\n(d) not involve more visual inspection than is necessary for the conduct of the test.\n\n(2) If practicable, the test is to be conducted by a person of the same sex as the employee or special member.\n\n(3) If the conduct of a prohibited drug test requires the employee or special member to provide a sample of hair, the sample must not be provided by removing the root of the hair.\n\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Certificates","content":"20 Certificates\n\nA certificate issued under this Part is evidence of the matters stated in the certificate.\n\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Record keeping","content":"21 Record keeping\n\n(1) All records, including the body sample, relevant to a breath test, blood test or prohibited drug test conducted for this Part must be kept for 2 years in a secure location unless the Commissioner and the AFP employee or special member who provided the body sample both agree in writing to the records being destroyed on an earlier date.\n\n(2) All records, not destroyed on an earlier date, must be destroyed after the period of 2 years.\n\n(3) However, information obtained from the analysis of a sample may be retained after 2 years, if:\n\n(a) it is used for compiling a statistical database; and\n\n(b) it does not include information that may be used to identify the employee or special member who provided the sample.\n\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Disclosure of information","content":"22 Disclosure of information\n\nA person other than the AFP employee or special member who provided the body sample may only disclose information revealed by a breath test, blood test or prohibited drug test:\n\n(a) if the information is already publicly known; or\n\n(b) in accordance with this Part; or\n\n(c) for the investigation of any offence or offences generally; or\n\n(d) for a decision whether to institute proceedings for an offence; or\n\n(e) for proceedings for an offence; or\n\n(f) for the employee’s or special member’s medical treatment; or\n\n(g) if the employee or special member consents in writing to the disclosure.\n\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Disputed results","content":"23 Disputed results\n\n(1) If results are challenged, the unanalysed sample must be made available for independent testing and all records of the original test be made available for re‑examination.\n\n(2) Because of possible degradation of the body sample over time, re‑testing need only detect the presence of alcohol or a prohibited drug.\n\n","sortOrder":23},{"sectionNumber":"Div 3","sectionType":"division","heading":"2 Breath tests","content":"Division 3.2 Breath tests\n\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Procedures to be followed","content":"24 Procedures to be followed\n\n(1) A breath test must be conducted using a Drager Alcotest 7110.\n\n(2) An AFP employee or special member who is directed to undergo a breath test may ask the authorised person conducting the test to arrange for the employee or special member to also undergo a blood test.\n\n(3) However, neither a request for a blood test to be conducted nor the conduct of a test absolves the employee or special member from the obligation to undergo a breath test.\n\n(4) If the employee or special member asks that a blood test be conducted, the authorised person conducting the breath test must take all reasonable steps to contact a person authorised to conduct that test.\n\n(5) A certificate expressed to be given for this regulation, signed by an authorised person and making statements about a matter specified in subregulation (6), is evidence of the matters stated in the certificate.\n\n(6) The following matters are specified:\n\n(a) the type and serial number of the instrument used to conduct the breath test;\n\n(b) the sample number of the test;\n\n(c) the full name and date of birth of the person tested;\n\n(d) the full name of the authorised person conducting the test;\n\n(e) whether the authorised person conducted a self‑test on the instrument before and after the analysis;\n\n(f) if the authorised person conducted a self-test, the time and result of the self-test;\n\n(g) whether the test was conducted on ‘override mode’;\n\n(h) the date on which, and the time at which, the test was conducted;\n\n(i) the result of the test as shown by the instrument.\n\nDivision 3.3 Urine samples provided for the purposes of a prohibited drug test\n\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Procedures to be followed","content":"25 Procedures to be followed\n\nThe provision, and the analysis, of a urine sample for the purposes of a prohibited drug test must be in accordance with the Australian Standard AS 4308—1995 ‘Recommended practice for the collection, detection and quantification of drugs of abuse in urine’, as at 2 July 2000.\n\nDivision 3.4 Blood tests and prohibited drug tests\n\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Provision of body samples (other than urine samples) for a blood test or prohibited drug test","content":"26 Provision of body samples (other than urine samples) for a blood test or prohibited drug test\n\n(1) An authorised person taking a body sample (other than a urine sample) for the purposes of a blood test or prohibited drug test must:\n\n(a) place approximately equal quantities of the sample into 2 containers; and\n\n(b) label each container for future identification; and\n\n(c) ensure that each container is sealed.\n\n(2) The authorised person who has taken the sample must:\n\n(a) if satisfied that the AFP employee or special member from whom the sample has been taken is incapable of understanding the procedures that have been applied to him or her — put both sealed containers in a one-way box; or\n\n(b) in any other case — give 1 sealed container to the employee or special member and put the other sealed container in a one-way box.\n\n(3) The authorised person must arrange for the container or containers to be submitted to an accredited laboratory for analysis to determine:\n\n(a) the concentration of alcohol in the blood; or\n\n(b) whether the body sample contains alcohol or a prohibited drug, as the case requires.\n\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Analysis of body samples (other than urine samples) for a blood test or prohibited drug test","content":"27 Analysis of body samples (other than urine samples) for a blood test or prohibited drug test\n\n(1) An analyst at an accredited laboratory must conduct an analysis of a portion of the body sample (other than a urine sample) to determine:\n\n(a) the concentration of alcohol in the blood; or\n\n(b) whether the body sample contains alcohol or a prohibited drug, as the case requires.\n\n(2) If the first analysis of a portion of the sample indicates the presence of alcohol or a prohibited drug in the sample, an analysis of another portion of the sample must be conducted.\n\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Certificates","content":"28 Certificates\n\n(1) As soon as practicable after an analysis has been conducted, the analyst who conducted the analysis of the body sample (other than a urine sample) for a blood test or prohibited drug test must give a certificate to:\n\n(a) the AFP employee or special member who provided the sample; and\n\n(b) the authorised person who directed that the employee or special member undergo the test.\n\n(2) The certificate must state at least the following information:\n\n(a) the name of the employee or special member;\n\n(b) the date when the sample was provided;\n\n(c) the date when the sample was received in the accredited laboratory for analysis;\n\n(d) the accredited laboratory identification number of the sample;\n\n(e) the date when the analysis was conducted;\n\n(f) the results of the analysis;\n\n(g) the signature and name of the analyst who conducted the analysis;\n\n(h) any observations made during the course of the analysis which may have affected the test result.\n\n(3) If both sealed containers were given to the analyst, the certificate must also inform the employee or special member that he or she may collect the unanalysed sample from the analyst, within 6 months after the sample was taken, and have that sample independently tested.\n\n \n\n","sortOrder":29},{"sectionNumber":"Part 4","sectionType":"part","heading":"Disciplinary offences","content":"Part 4 Disciplinary offences\n\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Disciplinary offences — AFP appointees","content":"29 Disciplinary offences — AFP appointees\n\n(1) An AFP appointee commits a disciplinary offence if:\n\n(a) he or she engages in improper conduct as set out in regulation 9; or\n\n(b) he or she fails to comply with any other provision of Part 2; or\n\n(c) he or she fails to comply with a Commissioner’s Order; or\n\n(d) he or she fails to comply with section 40 of the Act; or\n\n(e) he or she is charged before a court with an offence against a law of the Commonwealth, a State, a Territory or another country and the charge is proved to the satisfaction of the court, whether or not the court convicts the appointee.\n\n> Note Section 40 of the Act deals with specific directions, instructions and orders.\n\n(2) An AFP employee or a special member commits a disciplinary offence if:\n\n(a) he or she fails to comply with subsection 40L (3) of the Act; or\n\n(b) he or she fails to comply with subsection 40M (3) or 40N (5) of the Act.\n\n> Note 1 Subsection 40L (3) of the Act specifies the time limit for giving the Commissioner a financial statement.\n\n> Note 2 Subsections 40M (3) and 40N (5) of the Act specify that an AFP employee or special member must comply with a direction to undergo a drug test.\n\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Declaration — relevant disciplinary offence","content":"30 Declaration — relevant disciplinary offence\n\n(1) An offence is declared to be a relevant disciplinary offence, for the definition of that expression in section 41 of the Act, if:\n\n(a) it is a disciplinary offence under regulation 29; and\n\n(b) in the course of committing the offence, an AFP appointee uses the fact that he or she is an AFP appointee for the purpose of gaining an advantage for himself or herself, or for another person.\n\n(2) However, an offence is not a relevant disciplinary offence if it:\n\n(a) is an offence of engaging in improper conduct within the meaning of paragraph 9 (1) (b), (c), (e) or (f); or\n\n(b) involves failing to comply with paragraph 3 (a) or regulation 8, 10, 14 or 15.\n\n \n\n","sortOrder":32},{"sectionNumber":"Part 5","sectionType":"part","heading":"Commissioner’s powers","content":"Part 5 Commissioner’s powers\n\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Proceedings for disciplinary offences","content":"31 Proceedings for disciplinary offences\n\n(1) If the Commissioner believes that an AFP appointee has committed a disciplinary offence, the Commissioner may institute proceedings against the AFP appointee by giving the AFP appointee notice of the proceedings.\n\n(1A) The Commissioner shall not institute proceedings against an AFP appointee under subregulation (1) or, if the Commissioner has instituted proceedings under that subregulation, the Commissioner shall not continue those proceedings where criminal proceedings are commenced against the AFP appointee in respect of the matter to which the proceedings under subregulation (1) relate or would have related.\n\n(1B) Where an AFP appointee has been convicted of a criminal offence in respect of a matter, the Commissioner shall not institute proceedings under subregulation (1) for a disciplinary offence relating to that matter otherwise than for the disciplinary offence referred to in paragraph 29 (1) (e).\n\n(1C) Nothing in subregulation (1A) shall be taken to limit the Commissioner’s power to institute or continue proceedings under subregulation (1) where the criminal proceedings have not resulted in a finding of guilt in relation to the AFP appointee.\n\n(1D) The Commissioner shall not institute proceedings against an AFP appointee under subregulation (1) in relation to an alleged disciplinary offence where the AFP appointee has accepted a caution under regulation 32 or 34 in relation to that alleged offence.\n\n(2) A notice served on an AFP appointee under subregulation (1):\n\n(a) shall be signed by the Commissioner or a person authorized by him or her to sign notices under that subregulation;\n\n(b) shall state the nature, and give the particulars, of the alleged disciplinary offence;\n\n(c) shall request the AFP appointee to notify the Commissioner within such period, not being less than 7 days after the date of service of the notice, as is specified in the notice, whether the AFP appointee admits or does not admit the truth of the matters alleged to constitute the disciplinary offence;\n\n(d) shall state that the AFP appointee may, within the period specified in the notice in accordance with paragraph (c), deliver to the Commissioner:\n\n(i) any written statement that the AFP appointee may wish to make in relation to the alleged disciplinary offence; and\n\n(ii) any written statement made by another person that the AFP appointee may wish to tender in support of his or her own statement; and\n\n(e) shall inform the AFP appointee that he or she is entitled to appear at the hearing of the proceedings and, in the case of proceedings before the Disciplinary Tribunal, that the AFP appointee may appear in person or may be represented by a legal practitioner or by some other person.\n\n(2A) If an AFP appointee does not admit the truth of a matter alleged to constitute a disciplinary offence, a notice served on the AFP appointee under subregulation (1) must include a request for the AFP appointee to notify the Commissioner, within a period of not less than 7 days after the date of service of the notice that is specified in the notice, whether the AFP appointee requests that the proceedings be heard and determined by the Disciplinary Tribunal.\n\n(3) Where an AFP appointee on whom a notice has been served under subregulation (1) has not, within the period specified in the notice, given notice to the Commissioner for the purpose of subregulation (2A), the AFP appointee shall, for the purposes of this Part and of section 67 of the Complaints Act, be deemed not to have admitted the truth of the matters alleged to constitute the disciplinary offence referred to in the notice.\n\n(4) Where:\n\n(a) the period specified in a notice served under subregulation (1) has expired; and\n\n(b) the AFP appointee on whom the notice has been served has not requested the Commissioner, in writing, that the proceedings be heard and determined by the Disciplinary Tribunal;\n\nthe Commissioner shall, as soon as practicable after the expiration of the period, determine whether it would be desirable for the proceedings to be heard and determined by the Disciplinary Tribunal.\n\n(4A) In relation to a proceeding under subregulation (1) against an AFP appointee, other than a proceeding arising from an investigation under the Complaints Act, the Commissioner must express a view on the facts available to the Commissioner at the time of expressing the view, by notice in writing to the AFP appointee, as to the appropriate penalty or range of penalties.\n\n(4B) The Commissioner’s view in a particular case does not affect the function of:\n\n(a) the Disciplinary Tribunal; or\n\n(b) the Federal Court of Australia;\n\nin imposing or reviewing a penalty, as the case may be.\n\n(5) Where the Commissioner determines that it is not desirable for the proceedings to be heard and determined by the Disciplinary Tribunal he shall, as soon as practicable after so determining:\n\n(a) fix the date on which, and the time and place at which, he will hear and determine the matter; and\n\n(b) by notice in writing served on the AFP appointee, inform the AFP appointee of the time, date and place so fixed.\n\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Cautions","content":"32 Cautions\n\n(1) Where an AFP appointee may have committed a disciplinary offence of a kind appropriate to be dealt with by way of a caution, the Commissioner may offer the AFP appointee a caution or admonition for that disciplinary offence.\n\n(2) An offer of a caution for a disciplinary offence shall be made by the Commissioner causing a notice to that effect to be served on the AFP appointee to whom the offer is made.\n\n(3) An offer of a caution shall remain open for a period of 14 days commencing on the day of service of the notice.\n\n(4) A notice served on an AFP appointee under subregulation (2):\n\n(a) shall be in writing;\n\n(b) shall be signed by the Commissioner or by a person authorised by the Commissioner in writing to sign notices issued under this regulation;\n\n(c) shall state the nature, and give the particulars, of the alleged disciplinary offence in relation to which the caution is offered;\n\n(d) shall state that the offer remains open for a period of 14 days commencing on the day of service of the notice;\n\n(e) shall request the AFP appointee to notify the Commissioner not later than 14 days after the day of service of the notice whether the AFP appointee accepts or does not accept the offer of a caution;\n\n(f) shall state that where the AFP appointee does not accept the offer of a caution the Commissioner shall institute proceedings against the AFP appointee; and\n\n(g) must set out the provisions of section 66A of the Complaints Act.\n\n(5) Where an AFP appointee on whom a notice has been served under subregulation (2) wishes to accept the offer of a caution, the AFP appointee may do so by writing ‘accepted’ on the notice, signing it, and returning it to the Commissioner.\n\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Institution of proceedings under the Complaints Act","content":"33 Institution of proceedings under the Complaints Act\n\n(1) Where:\n\n(a) the Commissioner, in giving effect under subsection 11 (4) of the Complaints Act to a proposal put by him to the Ombudsman, charges an AFP appointee with a disciplinary offence; or\n\n(b) the Attorney-General directs, under subsection 11 (7) of the Complaints Act, that action should be taken by way of charging an AFP appointee with a disciplinary offence;\n\nthe Commissioner shall institute proceedings against the AFP appointee by causing a notice to that effect to be served on the AFP appointee.\n\n(1A) Where the Commissioner is required by section 66A of the Complaints Act to institute proceedings against an AFP appointee, the Commissioner shall institute those proceedings by causing a notice to that effect to be served on the AFP appointee.\n\n(2) A notice served on an AFP appointee under subregulation (1) or (1A):\n\n(a) shall be signed by the Commissioner or a person authorized by him to sign notices under that subregulation;\n\n(b) shall state the nature, and give the particulars, of the alleged disciplinary offence;\n\n(c) shall request the AFP appointee to notify the Commissioner within such period, not being less than 7 days after the date of service of the notice, as is specified in the notice, whether the AFP appointee admits or does not admit the truth of the matters alleged to constitute the disciplinary offence;\n\n(d) shall state that the AFP appointee may, within the period specified in the notice in accordance with paragraph (c), deliver to the Commissioner:\n\n(i) any written statement that the AFP appointee may wish to make in relation to the alleged disciplinary offence; and\n\n(ii) any written statement made by another person that the AFP appointee may wish to tender in support of his or her own statement; and\n\n(e) shall inform the AFP appointee that he or she may appear at the hearing of the proceedings in person or may be represented by a legal practitioner or by some other person.\n\n(3) Where an AFP appointee on whom a notice has been served under subregulation (1) has not, within the period specified in the notice, given notice to the Commissioner for the purpose of paragraph (2) (c), the AFP appointee shall, for the purposes of the hearing and determination of the proceedings by the Disciplinary Tribunal, be deemed not to have admitted the truth of the matters alleged to constitute the disciplinary offence referred to in the notice.\n\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Cautions under the Complaints Act","content":"34 Cautions under the Complaints Act\n\n(1) Where:\n\n(a) the Commissioner, under subsection 11 (4) of the Complaints Act, is required to give effect to a proposal put by him to the Ombudsman that an AFP appointee be offered a caution in relation to a disciplinary offence; or\n\n(b) the Attorney-General directs, under subsection 11 (7) of the Complaints Act, that action should be taken by way of offering a caution to an AFP appointee in relation to a disciplinary offence;\n\nthe Commissioner shall offer the appointee a caution for that disciplinary offence.\n\n(2) An offer of a caution for a disciplinary offence shall be made by the Commissioner causing a notice to that effect to be served on the AFP appointee to whom the offer is made.\n\n(3) An offer of a caution for a disciplinary offence shall remain open for a period of 14 days commencing on the day of service of the notice.\n\n(4) A notice served on an AFP appointee under subregulation (2):\n\n(a) shall be in writing;\n\n(b) shall be signed by the Commissioner or by a person authorised by the Commissioner in writing to sign notices under this regulation;\n\n(c) shall state the nature, and give the particulars, of the alleged disciplinary offence in relation to which the caution is offered;\n\n(d) shall state that the offer remains open for a period of 14 days commencing on the day of service of the notice;\n\n(e) shall request the AFP appointee to notify the Commissioner not later than 14 days after the day of service of the notice whether the AFP appointee accepts or does not accept the offer of a caution;\n\n(f) shall state that where the AFP appointee does not accept the offer of a caution the Commissioner shall institute proceedings against the AFP appointee; and\n\n(g) must set out the provisions of section 66A of the Complaints Act.\n\n(5) Where an AFP appointee on whom a notice has been served under subregulation (2) wishes to accept the offer of a caution, the AFP appointee may do so by writing ‘accepted’ on the notice, signing it, and returning it to the Commissioner.\n\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Hearing before the Commissioner","content":"35 Hearing before the Commissioner\n\n(1) Where proceedings are held before the Commissioner in relation to a disciplinary offence which an AFP appointee is alleged to have committed, the Commissioner shall:\n\n(a) after taking into account:\n\n(i) any statement delivered to the Commissioner by the AFP appointee in accordance with paragraph 31 (2) (d); and\n\n(ii) if the AFP appointee appears before the Commissioner at the hearing, an oral statement made before him or her by the AFP appointee;\n\ndetermine whether the AFP appointee is guilty of the disciplinary offence or not;\n\n(b) record his or her determination in writing; and\n\n(c) cause a written notice of the determination to be served on the AFP appointee.\n\n(2) The Commissioner must not determine that an AFP appointee is guilty of a disciplinary offence unless the Commissioner is satisfied on the balance of probabilities that the AFP appointee is so guilty.\n\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Penalties","content":"36 Penalties\n\n(1) If the Commissioner has determined that an AFP appointee is guilty of a disciplinary offence, the Commissioner may:\n\n(a) caution the AFP appointee; or\n\n(b) reprimand the AFP appointee; or\n\n(c) impose on the AFP appointee a fine not exceeding an amount equal to 5 day’s salary at the rate payable to the AFP appointee at the time when the fine is imposed; or\n\n(d) terminate the AFP appointee’s employment or appointment, as the case may be.\n\n(2) However, the Commissioner must not impose a fine on an AFP appointee for the offence specified in paragraph 29 (1) (e).\n\n(3) Before the Commissioner makes a decision to terminate the employment or appointment of an AFP appointee, the Commissioner must:\n\n(a) give to the AFP appointee notice that:\n\n(i) the Commissioner considers that it may be appropriate to terminate his or her employment or appointment, as the case may be; and\n\n(ii) the AFP appointee may, within 7 days after receiving the notice, give to the Commissioner a written statement to be taken into consideration; and\n\n(b) take into consideration the matters contained in any statement given to the Commissioner under subparagraph (a) (ii).\n\n(4) A penalty imposed on an AFP appointee has effect:\n\n(a) in the case of the termination of employment of a commissioned police officer who is an AFP employee — on confirmation by the Governor-General; and\n\n(b) in the case of the termination of the appointment of a commissioned police officer who is a special member — on confirmation by the Governor-General; and\n\n(c) in any other case — on a date fixed by the Commissioner.\n\n(5) If an appeal lies to the Disciplinary Tribunal, the date fixed by the Commissioner must not be earlier than 28 days after the AFP appointee has been notified of the imposition of the penalty.\n\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Payment of fines","content":"37 Payment of fines\n\nThe amount of a fine may be deducted from the salary payable to a person, in a lump sum or by such instalments as the Commissioner determines, if:\n\n(a) the fine has been imposed on the person under paragraph 36 (1) (c); and\n\n(b) the fine has not been paid within 14 days after the day on which the penalty had effect.\n\n \n\n","sortOrder":40},{"sectionNumber":"Part 6","sectionType":"part","heading":"Termination of employment for criminal conviction","content":"Part 6 Termination of employment for criminal conviction\n\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Interpretation","content":"38 Interpretation\n\n(1) In this Part, unless the contrary intention appears:\n\n> Australia includes the External Territories.\n\n> conviction includes a finding of guilt (however expressed).\n\n> imprisonment includes periodic detention, detention at home and other forms of lawful detention.\n\n> mental disorder means:\n\n(a) insanity or other mental illness; or\n\n(b) intellectual or mental disability.\n\n> relevant offence means a criminal offence against the law of the Commonwealth, a State or a Territory that is punishable by imprisonment.\n\n(2) For the purposes of this Part, a conviction is taken to be nullified if:\n\n(a) it has been quashed or set aside on appeal or judicial review, and:\n\n(i) it has not been restored; and\n\n(ii) no alternative conviction has been substituted; or\n\n(b) a free pardon has been granted to the convicted person because the person was wrongly convicted; or\n\n(c) the convicted person has been released from prison as a result of an inquiry into the conviction.\n\n(3) For the purposes of this Part, if:\n\n(a) a person is charged with, or indicted for, a criminal offence and a finding is made or a verdict is recorded that the person is unfit, because of mental disorder, to plead or to be tried; or\n\n(b) a finding is made or a verdict is recorded that the person is not guilty of a criminal offence because of mental disorder, or is guilty but insane in respect of a criminal offence;\n\nthe finding or verdict is taken not to be a conviction.\n\n(4) A contravention of Part XIIIA of the Family Law Act 1975 is not a relevant offence.\n\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Termination of employment or appointment in certain cases","content":"39 Termination of employment or appointment in certain cases\n\n(1) The employment or appointment, as the case may be, of an AFP appointee who is convicted of a relevant offence must be terminated for a disciplinary offence, if the sentence imposed for the relevant offence:\n\n(a) is one of imprisonment for a period that is longer than 24 hours; and\n\n(b) is imposed for a reason other than because the AFP appointee failed to pay a monetary penalty; and\n\n(c) is not a suspended sentence.\n\n(2) The employment or appointment of an AFP appointee, who is convicted of a relevant offence for which a suspended sentence of imprisonment is imposed, must be terminated for a disciplinary offence, if the sentence is brought into operation otherwise than in default of payment of a monetary penalty.\n\n(3) The employment or appointment of an AFP appointee must not be terminated under this regulation:\n\n(a) until the expiry of the time for lodging a notice of appeal (including an appeal made in accordance with leave to appeal) or a notice of application for leave to appeal, against:\n\n(i) the relevant conviction; or\n\n(ii) the relevant sentence; or\n\n(iii) if subregulation (2) applies — the activation of the relevant suspended sentence; or\n\n(b) if a notice referred to in paragraph (a) has been lodged, before the appeal or application in the notice has been disposed of, discontinued or withdrawn.\n\n(4) After the employment or appointment of an AFP appointee is terminated, the Commissioner must promptly give to the AFP appointee a notice of termination of employment or appointment.\n\n(5) A notice for subregulation (4) must state the grounds for, and the date of, the termination of employment or appointment.\n\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Service of notice under subregulation 39 (5)","content":"40 Service of notice under subregulation 39 (5)\n\n(1) If an AFP appointee is held in a place of lawful imprisonment, a notice required to be served under subregulation 39 (5) may be served by delivering it, or posting it by pre-paid post (by airmail if the place is overseas), to the governor or other person in charge of the place, together with a written request to the governor or other person that the notice be given to the AFP appointee.\n\n(2) Subregulation (1) does not affect the operation of sections 28A and 29 of the Acts Interpretation Act 1901 in relation to the service of a notice.\n\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Reinstatement of employment or appointment in certain cases","content":"41 Reinstatement of employment or appointment in certain cases\n\n(1) Subject to subregulation (2), a person whose employment or appointment has been terminated under regulation 39 may apply in writing to the Commissioner to have his or her employment or appointment reinstated if:\n\n(a) the relevant conviction has been nullified; or\n\n(b) the sentence imposed for the relevant conviction has been reduced, varied or replaced, and the new sentence is not one that satisfies the criteria stated in subregulation 39 (1) or (2).\n\n(2) A person may not apply to have his or her employment or appointment reinstated if, after having his or her employment or appointment terminated, he or she has incurred a further conviction of a kind stated in subregulation (3).\n\n(3) A further conviction mentioned in subregulation (2) is a conviction that would cause the employment of the AFP appointee who incurred it to be terminated under regulation 39 if the conviction had been incurred when the person was an AFP appointee, unless:\n\n(a) the conviction has been nullified; or\n\n(b) the sentence imposed for the conviction has been reduced, varied or replaced in the same way as a sentence to which paragraph (1) (b) applies.\n\n(4) The Commissioner must reinstate the employment or appointment of a person who applies to have his or her employment or appointment reinstated if, since his or her employment or appointment was terminated, the person has not incurred a further conviction, in Australia or overseas, for a criminal offence.\n\n(5) If a person applies to have his or her employment or appointment reinstated, and subregulation (4) does not apply, the Commissioner may reinstate the person’s employment or appointment.\n\n(6) If a person applies to have his or her employment or appointment reinstated, the Commissioner must, no later than 14 days after receiving the application:\n\n(a) decide the application; and\n\n(b) tell the person the decision.\n\n(7) A person whose employment or appointment is reinstated under subregulation (4) is entitled to have restored any entitlements that the person lost through having his or her employment or appointment terminated.\n\n(8) A person whose employment or appointment is reinstated under subregulation (5) may:\n\n(a) have his or her employment or appointment reinstated on any terms and conditions that the Commissioner considers appropriate; and\n\n(b) be granted any entitlements the person lost through having his or her employment or appointment terminated.\n\n","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"Other disciplinary provisions not excluded when employment or appointment is reinstated","content":"42 Other disciplinary provisions not excluded when employment or appointment is reinstated\n\nIf a person’s employment or appointment is terminated and reinstated under this Part, those circumstances do not relieve the person of any liability under Part 5 to which the person would otherwise have been subject.\n\n \n\n","sortOrder":46},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"Part 7 Miscellaneous\n\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Delegation","content":"43 Delegation\n\nThe Commissioner may, in writing, delegate any of his or her powers under these Regulations to a Deputy Commissioner or an AFP employee.\n\n","sortOrder":48},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Persons authorised to conduct tests and to operate equipment for that purpose","content":"Schedule 1 Persons authorised to conduct tests and to operate equipment for that purpose\n\n(regulation 18)\n\n| Test | Authorised persons |\n| -------------------- | ----------------------------------------------------------------------------- |\n| Blood test | Medical practitionerNurse |\n| Breath test | AFP employee who has completed a training course approved by the Commissioner |\n| Prohibited drug test | Medical practitionerNurse |\n\n> Notes to the Australian Federal Police (Discipline) Regulations 1979\n\n> Note 1\n\n> Note: The Australian Federal Police (Discipline) Regulations 1979 (in force under the Australian Federal Police Act 1979) as shown in this compilation comprise Statutory Rules 1979 No. 211 amended as indicated in the Tables below.\n\n> Note: Information pertaining to application, saving or transitional provisions prior to 8 September 1992 is not included in this compilation. For subsequent information see Table A.\n\n> Note: > Note: Table of Statutory Rules\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ------------------------------------------------- | --------------------------------------------- |\n| 1979 No. 211 | 12 Oct 1979 | 12 Oct 1979 | |\n| 1980 No. 141 | 12 June 1980 | 12 June 1980 | — |\n| 1982 No. 90 | 30 Apr 1982 | 1 May 1982 | R. 9 |\n| 1982 No. 281 | 29 Oct 1982 | 29 Oct 1982 | — |\n| 1984 No. 205 | 27 Aug 1984 | 27 Aug 1984 | — |\n| 1985 No. 292 | 7 Nov 1985 | 7 Nov 1985 | — |\n| 1988 No. 82 | 25 May 1988 | 25 May 1988 | — |\n| 1988 No. 364 | 21 Dec 1988 | 1 Jan 1989 | — |\n| 1989 No. 332 | 30 Nov 1989 | 30 Nov 1989 | — |\n| 1989 No. 333 | 30 Nov 1989 | 30 Nov 1989 | — |\n| 1989 No. 363 | 21 Dec 1989 | 21 Dec 1989 | R. 17 |\n| 1990 No. 45 | 27 Feb 1990 | 27 Feb 1990 | — |\n| 1990 No. 408 | 17 Dec 1990 | 17 Dec 1990 | — |\n| 1992 No. 31 | 7 Feb 1992 | 7 Feb 1992 | — |\n| 1992 No. 284 | 8 Sept 1992 | 8 Sept 1992 | R. 15 |\n| 1993 No. 306 | 25 Nov 1993 | 25 Nov 1993 | — |\n| 1995 No. 191 | 30 June 1995 | 1 July 1995 | — |\n| 2000 No. 36 | 29 Mar 2000 | 29 Mar 2000 | — |\n| 2000 No. 139 | 28 June 2000 | 2 July 2000 (see r. 2 and Gazette 2000, No. S328) | R. 4 [see Table A] |\n| 2004 No. 221 | 22 July 2004 | 22 July 2004 | — |\n\n> Note: > Note: Table of Amendments\n\nThe amendment history of the Australian Federal Police (Discipline) Regulations 1979 (other than the repealed provisions which appear in the Repeal Table) appears in the Table below.\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Part 1

Heading to Part 1.......

ad. 1992 No. 284

R. 1.................

rs. 2000 No. 139

R. 2.................

am. 1982 No. 90; 1988 No. 82; 1989 Nos. 332 and 363; 1992 Nos. 31 and 284; 1995 No. 191

rs. 2000 No. 139

am. 2004 No. 221

Note to r. 2............

rs. 2004 No. 221

Part 2

Heading to Part 2.......

ad. 1992 No. 284

rs. 2000 No. 139; 2004 No. 221

R. 3.................

am. 1989 No. 363

rs. 1992 No. 284

am. 1995 No. 191; 2000 No. 36

rs. 2000 No. 139

am. 2004 No. 221

R. 4.................

ad. 2000 No. 139

am. 2004 No. 221

R. 5.................

am. 1989 No. 363; 1995 No. 191; 2000 No. 139

(formerly r. 6).........

2000 No. 139

am. 2004 No. 221

R. 6.................

ad. 2000 No. 139

am. 2004 No. 221

Heading to r. 7..........

rs. 2004 No. 221

R. 7.................

ad. 2000 No. 139

am. 2004 No. 221

R. 8.................

ad. 2000 No. 139

rs. 2004 No. 221

R. 9.................

ad. 2000 No. 139

am. 2004 No. 221

Heading to r. 10.........

rs. 2004 No. 221

R. 10................

ad. 2000 No. 139

am. 2004 No. 221

R. 11................

am. 1989 No. 363; 1990 No. 45

rs. 1992 No. 284

am. 1995 No. 191; 2000 No. 139

(formerly r. 12)........

2000 No. 139

rs. 2004 No. 221

R. 12................

am. 1989 No. 363; 1995 No. 191; 2000 No. 139

(formerly r. 13)........

2000 No. 139

rs. 2004 No. 221

R. 13................

ad. 2000 No. 139

rs. 2004 No. 221

R. 14................

am. 1984 No. 205; 1989 No. 363; 1995 No. 191; 2000
No. 139

(formerly r. 16)........

2000 No. 139

am. 2004 No. 221

Heading to r. 15.........

rs. 2004 No. 221

R. 15................

ad. 2000 No. 139

am. 2004 No. 221

Part 3

Part 3................
(rr. 16–28)

ad. 2000 No. 139

Div. 3.1 of Part 3........
(rr. 16–23)

ad. 2000 No. 139

Rr. 16–23.............

ad. 2000 No. 139

Div. 3.2 of Part 3........

ad. 2000 No. 139

R. 24................

ad. 2000 No. 139

Div. 3.3 of Part 3........

ad. 2000 No. 139

R. 25................

ad. 2000 No. 139

Div. 3.4 of Part 3........

ad. 2000 No. 139

R. 26................

ad. 2000 No. 139

R. 27................

ad. 2000 No. 139

R. 28................

ad. 2000 No. 139

Part 4

Heading to Part 4.......

ad. 2000 No. 139

R. 29................

ad. 2000 No. 139

rs. 2004 No. 221

R. 30................

ad. 2000 No. 139

am. 2004 No. 221

Part 5

Heading to Part 5.......

ad. 2000 No. 139

Heading to r. 19.........

rs. 2000 No. 139

R. 31................

am. 1982 Nos. 90 and 281; 1985 No. 292; 1988 No. 82; 1989 No. 363; 1990 No. 408; 1992 No. 284; 1993 No. 306; 1995 No. 191; 2000 No. 139

(formerly r. 19)........

2000 No. 139

am. 2004 No. 221

Heading to r. 19AA......

rs. 2000 No. 139

R. 32................

ad. 1988 No. 82

am. 1995 No. 191; 2000 No. 139

(formerly r. 19AA)......

2000 No. 139

am. 2004 No. 221

R. 33................

ad. 1982 No. 90

am. 1988 No. 82; 1995 No. 191; 2000 No. 139

(formerly r. 19A).......

2000 No. 139

am. 2004 No. 221

Heading to r. 19B.......

rs. 2000 No. 139

R. 34................

ad. 1988 No. 82

am. 1995 No. 191; 2000 No. 139

(formerly r. 19B).......

2000 No. 139

am. 2004 No. 221

R. 35................

am. 1985 No. 292; 1989 No. 363; 1990 No. 45; 1993 No. 306; 1995 No. 191; 2000 No. 139

(formerly r. 21)........

2000 No. 139

am. 2004 No. 221

R. 36................

ad. 2000 No. 139

am. 2004 No. 221

R. 37................

ad. 2000 No. 139

Part 6

Heading to Part 6.......

ad. 2000 No. 139

R. 38................

ad. 1992 No. 284

(formerly r. 24)........

2000 No. 139

R. 39................

ad. 1992 No. 284

am. 1995 No. 191

(formerly r. 25)........

2000 No. 139

am. 2004 No. 221

Heading to r. 26.........

rs. 2000 No. 139

R. 40................

ad. 1992 No. 284

am. 1995 No. 191; 2000 No. 139

(formerly r. 26)........

2000 No. 139

am. 2004 No. 221

R. 41................

ad. 2000 No. 139

am. 2004 No. 221

R. 42................

ad. 2000 No. 139

R. 43................

ad. 2000 No. 139

Part 7

Heading to Part 7.......

ad. 2000 No. 139

Schedule 1............

ad. 1992 No. 284

rs. 1995 No. 191; 2000 No. 139

\n```\n\n> Note: > Note: Repeal Table\n\nThe amendment history of the repealed provisions of the Australian Federal Police (Discipline) Regulations 1979, up to and including the Australian Federal Police (Discipline) Amendment Regulations 2000 (No. 2) (Statutory Rules 2000 No. 139), appears in the Table below.\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Heading to Part I .......

rep. 1992 No. 284

Heading to Part II.......

rep. 1992 No. 284

Heading to Div. 1 of Part II.

am. 1989 No. 363

rep. 1995 No. 191

Heading to Div. 1 of Part 2.

ad. 1995 No. 191

rep. 2000 No. 139

R. 4.................

am. 1989 No. 363; 1990 No. 45

rep. 1992 No. 284

R. 5.................

am. 1989 No. 363; 1995 No. 191

rep. 2000 No. 139

R. 7.................

am. 1989 No. 363; 1995 No. 191

rep. 2000 No. 139

R. 8.................

am. 1989 No. 363; 1995 No. 191

rep. 2000 No. 139

R. 9.................

am. 1995 No. 191

rep. 2000 No. 139

R. 10................

am. 1989 No. 363; 1995 No. 191

rep. 2000 No. 139

R. 11................

am. 1984 No. 205; 1989 No. 363; 1992 No. 31; 1995 No. 191

rep. 2000 No. 139

R. 14................

am. 1989 No. 363; 1995 No. 191

rep. 2000 No. 139

R. 15................

am. 1989 No. 363

rs. 1990 No. 45

am. 1995 No. 191

rep. 2000 No. 139

R. 17................

am. 1989 No. 363; 1995 No. 191

rep. 2000 No. 139

Heading to Div. 2 of Part 2.

rep. 2000 No. 139

R. 18................

am. 1980 No. 141; 1982 No. 281; 1989 Nos. 332 and 363; 1992 Nos. 31 and 284; 1995 No. 191

rep. 2000 No. 139

Heading to Div. 3 of Part 2.

rep. 2000 No. 139

Div. 3 (r. 18A)..........

ad. 1989 No. 333

rep. 2000 No. 139

R. 18A...............

ad. 1989 No. 333

rep. 2000 No. 139

Heading to Part III.......

rep. 1992 No. 284

Heading to Part 3.......

ad. 1992 No. 284

rep. 2000 No. 139

R. 20................

am. 1982 Nos. 90 and 281; 1984 No. 205; 1989 No. 363; 1990 No. 45; 1995 No. 191

rep. 2000 No. 139

R. 22................

am. 1980 No. 141; 1982 No. 90; 1984 No. 205; 1985 No. 292; 1988 No. 82; 1989 Nos. 332 and 363; 1990
No. 45; 1995 No. 191

rep. 2000 No. 139

R. 23................

rep. 1982 No. 281

Part IV ...............
(rr. 24–29, 29A, 30–46)

rep. 1982 No. 90

R. 24................

rep. 1982 No. 90

R. 25................

am. 1980 No. 141

rep. 1982 No. 90

R. 26................

rep. 1982 No. 90

R. 27................

am. 1980 No. 141

rep. 1982 No. 90

R. 28................

rep. 1982 No. 90

R. 29................

am. 1980 No. 141

rep. 1982 No. 90

R. 29A...............

ad. 1980 No. 141

rep. 1982 No. 90

R. 30................

am. 1980 No. 141

rep. 1982 No. 90

R. 31................

rep. 1982 No. 90

R. 32................

am. 1980 No. 141

rep. 1982 No. 90

Rr. 33–37.............

rep. 1982 No. 90

R. 38................

am. 1980 No. 141

rep. 1982 No. 90

R. 39................

rep. 1982 No. 90

R. 40................

am. 1980 No. 141

rep. 1982 No. 90

Rr. 41–45.............

rep. 1982 No. 90

R. 46................

rep. 1982 No. 90

Heading to Part 4.......

rep. 2000 No. 139

Part 4 ................
(rr. 23–29)

ad. 1992 No. 284

Part 4................
(rr. 23, 25, 27–29)

rep. 2000 No. 139

R. 23................

ad. 1992 No. 284

rep. 2000 No. 139

R. 27................

ad. 1992 No. 284

am. 1995 No. 191

rep. 2000 No. 139

R. 28................

ad. 1992 No. 284

rep. 2000 No. 139

R. 29................

ad. 1992 No. 284

am. 1995 No. 191

rep. 2000 No. 139

Heading to Part V.......

rep. 1992 No. 284

R. 48A...............

ad. 1980 No. 141

rep. 1989 No. 363

Part VI ...............
(rr. 50–65)

rep. 1982 No. 90

Rr. 50–52.............

rep. 1982 No. 90

Rr. 53, 54.............

am. 1980 No. 141

rep. 1982 No. 90

Rr. 55–57.............

rep. 1982 No. 90

R. 58................

rs. 1980 No. 141

rep. 1982 No. 90

R. 59................

am. 1980 No. 141

rep. 1982 No. 90

Rr. 60–63.............

rep. 1982 No. 90

Rr. 64, 65.............

am. 1980 No. 141

rep. 1982 No. 90

Heading to Part 5.......

ad. 1992 No. 284

rep. 2000 No. 139

R. 46................

ad. 1988 No. 364

am. 1989 No. 363; 1995 No. 191

rep. 2000 No. 139

R. 47................

am. 1980 No. 141; 1989 No. 363; 1995 No. 191

rep. 2000 No. 139

R. 48................

rs. 1989 No. 363

rep. 2000 No. 139

R. 49................

am. 1980 No. 141

rs. 1989 No. 363

am. 1992 No. 284; 1995 No. 191

rep. 2000 No. 139

\n```\n\n> Note: > Note: Table A\n\nStatutory Rules 2000 No. 139\n\n4 Transitional\n\nRegulation 20 of the Australian Federal Police (Discipline) Regulations, as in force immediately before the commencement of these Regulations, continues to apply to a person suspended from duty under that regulation.","sortOrder":49}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2307},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond their original 1979 scope. Major additions include a comprehensive drug testing regime (Part 3, added in 2000) with forensic medical procedures, and automatic termination provisions for criminal convictions (Part 6) with complex reinstatement mechanisms. The original simple disciplinary framework has evolved to include detailed privacy protections for medical testing, specific equipment mandates, and intricate procedural safeguards governing the interaction between criminal courts and police disciplinary processes."},"complexity_factors":["Extensive cross-referencing to the Australian Federal Police Act 1979 and Complaints (Australian Federal Police) Act 1981","21 defined terms with additional terms incorporated by reference from parent legislation","Detailed technical procedures for three types of drug testing (breath, urine, blood) including specific equipment requirements (Dräger Alcotest 7110) and chain-of-custody protocols","Complex conditional logic for automatic termination based on criminal conviction outcomes, imprisonment thresholds, suspended sentences, and appeal periods","Dual disciplinary pathways with different procedural requirements for hearings before the Commissioner versus the Disciplinary Tribunal","Layered exceptions and exclusions (e.g., certain improper conduct offences are excluded from being 'relevant disciplinary offences' under regulation 30)","Interaction rules between criminal and disciplinary proceedings (stays pending criminal charges, limitations on proceedings after conviction, and reinstatement effects on liability)"],"plain_english_summary":"These regulations set out the rules of behaviour and disciplinary procedures for Australian Federal Police (AFP) members, employees, and protective service officers.\n\n**What officers must do:**\n- Behave courteously to the public and obey all laws\n- Keep accurate records and avoid false or misleading statements\n- Properly account for money and property issued to them\n- Only use firearms as authorised\n- Report bankruptcy to the Commissioner\n\n**What officers must not do:**\n- Use their police position for personal advantage or accept gifts\n- Drink alcohol or take drugs (except for medical purposes) while on duty without permission\n- Enter licensed premises (bars, casinos, clubs) while on duty without good cause\n- Disclose confidential information or interfere with investigations\n- Work outside jobs without written permission from the Commissioner\n- Waste or damage Commonwealth property\n\n**Drug and alcohol testing:**\nThe regulations include detailed procedures for random and targeted drug testing, including breath tests (using a Dräger Alcotest 7110), urine samples, and blood tests. Tests must respect privacy, be conducted by authorised medical practitioners or nurses, and follow strict chain-of-custody rules. Samples are split into two containers so officers can request independent testing if they dispute results.\n\n**Disciplinary process:**\nThe Commissioner can investigate alleged breaches and may offer a formal caution, hold a hearing, or refer serious matters to the Federal Police Disciplinary Tribunal. Penalties range from warnings and reprimands to fines (up to 5 days' salary) or termination of employment.\n\n**Criminal convictions:**\nIf an officer is convicted of a serious crime and sentenced to actual imprisonment (more than 24 hours), their employment must be terminated automatically. However, they can apply for reinstatement if the conviction is overturned on appeal or the sentence is reduced. Termination cannot happen until any appeal period expires."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Regulations have expanded in scope since their original entry. The Notes and Table of Amendments show multiple additions and amendments, including the addition of Part 3 (the current drug-testing regime, regs 16–28 and Schedule 1) by Statutory Rules 2000 No. 139. Those later inserts introduced substantial procedural detail on authorised persons, equipment, laboratory analysis, sample handling, record‑keeping and disclosure. Other amendments through the years have similarly added procedural and technical material and modified disciplinary procedures (see Notes/Table of Amendments). These changes broadened the operational detail the AFP must follow without changing the primary subjects (conduct, testing, discipline) set out in the original Regulations."},"complexity_factors":["Multiple cross-references to the Australian Federal Police Act 1979 and the Complaints (Australian Federal Police) Act 1981 (see reg 2 and Parts 4–6)","Detailed technical and procedural requirements for drug and alcohol testing (specific equipment, standards, sample-splitting and sealing, accredited laboratories) (regs 19, 24–28, Schedule 1)","Substantial administrative discretion vested in the Commissioner (authorisations, institution/withdrawal of proceedings, offering cautions, fixing hearing venue) with statutory constraints (regs 17, 31–36)","Interactions and timing rules linking disciplinary proceedings with criminal proceedings and appeals (reg 31(1A)–(1C); reg 39(3))","Record-keeping, evidence and contested-results procedures (regs 20–23, 28) including retention periods and independent re-testing","Prescriptive rules affecting private activity (restrictions on outside paid work and company involvement subject to permission) (reg 14)","Amendment history and additions (notably Part 3 added in 2000) increasing the regulatory detail and procedural complexity (Notes/Table of Amendments)"],"plain_english_summary":"# What these regulations do, who they affect, and how they work\n\nThese Regulations set out workplace standards, testing procedures and disciplinary processes for people appointed to the Australian Federal Police (AFP). They operate alongside the Australian Federal Police Act 1979 and the Complaints (Australian Federal Police) Act 1981 and apply to AFP employees, special members and special protective service officers (defined as \"AFP appointees\") (reg 2).\n\n- Rules of conduct: The Regulations list required behaviours and reporting duties for AFP appointees (for example, courtesy to the public and obeying the law (reg 3); accurate entries in official records (reg 5); no false or misleading statements (reg 6); correct handling and reporting of Commonwealth property (regs 7 and 9)). They also restrict use of issued firearms to what Commissioners' Orders permit (reg 8), limit alcohol and drug use while on duty and set rules about entering licensed or restricted premises (reg 10), and require disclosure to the Commissioner if a person becomes bankrupt (reg 15).\n\n- Drug and alcohol testing: The Regulations authorise testing powers, describe who may direct and conduct tests, and prescribe how tests must be carried out and recorded. The Commissioner may authorise persons to give directions to undergo breath, blood or prohibited-drug tests (reg 17) and to authorise persons to conduct tests (reg 18 and Schedule 1). Tests must be performed respectfully and privately and use specified standards and equipment (general requirements in reg 19; breath tests require a Drager Alcotest 7110, reg 24). For non-urine samples, the person taking the sample must split it into two sealed containers, label them and arrange accredited laboratory analysis (regs 26–27). Records and samples must be kept in secure storage for 2 years (reg 21) and certificates and analyst reports are admissible evidence (regs 20, 28).\n\n- Information control and privacy around tests: Disclosure of test results and related information is tightly limited: only in specified circumstances (e.g. already public, for investigations, criminal proceedings, medical treatment, or with written consent) (reg 22). If results are disputed, the unanalysed sample must be made available for independent testing (reg 23).\n\n- What counts as a disciplinary offence and penalties: The Regulations declare a range of acts to be disciplinary offences (for example, failing to follow Part 2 rules, failing to follow Commissioner’s Orders, or certain criminal convictions) (reg 29). The Commissioner can institute proceedings, offer cautions, hear matters, or refer to the Federal Police Disciplinary Tribunal; the Regulations set notice, timeframes and procedural steps (regs 31–35). Where the Commissioner finds an appointee guilty on the balance of probabilities, penalties may include caution, reprimand, a fine up to 5 days' salary, or termination of employment/appointment (reg 36). Fines unpaid after 14 days may be deducted from salary (reg 37).\n\n- Termination after criminal conviction and reinstatement: If an AFP appointee is convicted of a \"relevant offence\" punishable by imprisonment, the Regulations set out when termination must occur (subject to appeal windows) (reg 39). They also provide an administrative process for notifying detained persons (reg 40), and a route for reinstatement if convictions are nullified or sentences reduced, with time limits and conditions (reg 41). Reinstated persons remain subject to other disciplinary provisions (reg 42).\n\n- Who decides and who bears costs, in practical terms\n\n - Who decides: The Commissioner holds central authority: to make orders, authorise persons to direct or conduct tests (reg 17), institute or stop disciplinary proceedings (reg 31), offer cautions (regs 32 and 34), determine whether the Disciplinary Tribunal will hear a case (reg 31(4)), and delegate powers to Deputies or employees (reg 43).\n\n - Operational actors: authorised persons (regs 16–18), accredited laboratories and analysts (regs 2, 26–28 and Schedule 1) perform tests and produce certificates that are treated as evidence (regs 20, 28).\n\n - Who pays / financial effects: The text does not state a budget line, but it requires the AFP (through authorised persons) to arrange accredited-laboratory analysis and storage of samples (regs 26–27, 21)—an operational cost the AFP must carry. Financial penalties are borne by the appointee: fines of up to 5 days' salary (reg 36(1)(c)) may be deducted from salary if unpaid after 14 days (reg 37).\n\n- Incentives, compliance burden and discretion\n\n - Compliance burden on appointees: Appointees must follow detailed conduct rules (Part 2), submit to drug/alcohol tests when directed (Part 3), and obtain written Commissioner permission to work in paid private employment (reg 14). They must report losses and bankruptcies (regs 7, 15). These requirements impose administrative and behavioural compliance costs on individuals.\n\n - Institutional discretion and checks: The Commissioner has substantial discretion over authorisations, proceedings and penalties (regs 17, 31, 36). Some constraints are built in: the Commissioner must defer or not continue proceedings where criminal proceedings are underway (reg 31(1A)–(1C)), and certain procedural safeguards are set out (notice periods, right to be heard, right to representation, records and certificates as evidence).\n\n - Technical and procedural specificity: The Regulations prescribe technical details for testing (specific breath testing equipment, AS 4308—1995 for urine, splitting blood samples into two sealed containers) and record-keeping timelines (regs 24, 25, 26, 21). These rules reduce ambiguity about how testing must be performed and where samples may be analysed (accredited labs), but they also require the AFP to secure specific equipment, training and laboratory arrangements.\n\n- Trade-offs, risks and likely operational effects (mechanisms, not judgements)\n\n - Centralised control of discipline and testing: Because the Commissioner controls authorisations, test directions and proceedings (regs 17, 18, 31), the AFP retains operational control of internal discipline and testing logistics; the Regulations create channels (authorised persons, accredited labs) for implementing those powers.\n\n - Concentrated decision rights, dispersed costs: Decision rights are concentrated in the Commissioner and authorised officers; compliance costs (time, possible career consequences, fines) fall on individual appointees. Operational costs (equipment, lab analysis, secure storage) are borne by the AFP to implement testing and record-keeping requirements (regs 24–27, 21).\n\n - Procedural safeguards and limits: The Regulations include safeguards: privacy requirements for tests (reg 19), certificate/evidence rules (regs 20, 28), sample-availability for independent retesting (reg 23), and deferral where criminal proceedings are started (reg 31(1A)). Those mechanisms structure how administrative discipline interacts with criminal law matters.\n\nKey statutory references: conduct rules (Part 2, regs 3–15); drug-testing framework and procedures (Part 3, regs 16–28 and Schedule 1); disciplinary offences (Part 4, regs 29–30); Commissioner’s powers, proceedings and penalties (Part 5, regs 31–37); termination and reinstatement after conviction (Part 6, regs 38–42); delegation (reg 43)."}},"importantCases":[],"_links":{"self":"/api/acts/australian-federal-police-discipline-regulations-1979","history":"/api/acts/australian-federal-police-discipline-regulations-1979/history","analysis":"/api/acts/australian-federal-police-discipline-regulations-1979/analysis","conflicts":"/api/acts/australian-federal-police-discipline-regulations-1979/conflicts","importantCases":"/api/acts/australian-federal-police-discipline-regulations-1979/important-cases","documents":"/api/acts/australian-federal-police-discipline-regulations-1979/documents"}}