36Penalties

36 Penalties (1) If the Commissioner has determined that an AFP appointee is guilty of a disciplinary offence, the Commissioner may: (a) caution the AFP appointee; or (b) reprimand the AFP appointee; or (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 (d) terminate the AFP appointee’s employment or appointment, as the case may be. (2) However, the Commissioner must not impose a fine on an AFP appointee for the offence specified in paragraph 29 (1) (e). (3) Before the Commissioner makes a decision to terminate the employment or appointment of an AFP appointee, the Commissioner must: (a) give to the AFP appointee notice that: (i) the Commissioner considers that it may be appropriate to terminate his or her employment or appointment, as the case may be; and (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 (b) take into consideration the matters contained in any statement given to the Commissioner under subparagraph (a) (ii). (4) A penalty imposed on an AFP appointee has effect: (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 (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 (c) in any other case — on a date fixed by the Commissioner. (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.