3Definitions

#### 3 Definitions (1) In this Act, unless the contrary intention appears: > AFP appointee means a Deputy Commissioner of the Australian Federal Police, an AFP employee, a special member or a special protective service officer of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979). > breach of discipline means an offence that is a disciplinary offence for the purposes of the prescribed regulations. > Commissioner means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979, and includes a person acting as the Commissioner of Police in accordance with section 18 of that Act or exercising all the powers, and performing all the functions and duties, of the Commissioner of Police in accordance with section 19 of that Act. > Commissioner’s Orders has the same meaning as in the Australian Federal Police Act 1979. > Disciplinary Tribunal means the Federal Police Disciplinary Tribunal established by section 54. > duties include responsibilities. > Federal police officer means: (a) a member of the Australian Federal Police; or (b) a special member of the Australian Federal Police. > Investigation Division means the Internal Investigation Division established in pursuance of section 14. > law means a law of the Commonwealth or of a State or Territory. > minor complaint means a complaint: (a) concerning action taken by an AFP appointee, being action that is or involves discourtesy to a person; or (b) that arises out of a misunderstanding of the law, of the policy or procedures of the Australian Federal Police, or of any other matter; but does not include a complaint concerning action that is or involves: (c) serious ill‑treatment of a person by an AFP appointee; or (d) an assault on a person by an AFP appointee. > officer in charge means the officer in charge of the Investigation Division. > Ombudsman means the Commonwealth Ombudsman. > responsible Minister means the Minister administering the Australian Federal Police Act 1979. (2) For the purposes of this Act, where the Ombudsman has referred a matter to the Commissioner for investigation by the Investigation Division, that matter shall, upon being referred by the Commissioner to the Division, be taken to have been referred to the Division at the request of the Ombudsman. (3) In this Act, unless the contrary intention appears: (a) a reference to action taken in relation to the employment of AFP appointees generally shall, without limiting the generality of that expression, be construed as including a reference to action taken with respect to the promotion, termination of appointment or discipline of, or the payment of remuneration to, AFP appointees generally; (b) a reference to action taken in relation to the employment of a particular AFP appointee shall, without limiting the generality of that expression, be construed as including a reference to action taken with respect to the promotion of, or the payment of remuneration to, a particular AFP appointee, but shall not be construed as including a reference to action taken with respect to a breach of discipline committed, or alleged to have been committed, by a particular AFP appointee; (ba) a reference to cautioning an AFP appointee for a breach of discipline shall be construed as a reference to cautioning an AFP appointee member for a breach of discipline in accordance with regulations made under the Australian Federal Police Act 1979; (bb) a reference to an AFP appointee being offered or accepting a caution shall be construed as a reference to an AFP appointee member being offered or accepting, as the case may be, a caution in accordance with regulations made under the Australian Federal Police Act 1979; (bc) a reference to admonishing an AFP appointee for a breach of discipline shall be construed as a reference to admonishing an AFP appointee for a breach of discipline in accordance with regulations made under the Australian Federal Police Act 1979; (bd) a reference to an AFP appointee being offered or accepting an admonition shall be construed as a reference to an AFP appointee being offered or accepting, as the case may be, an admonition in accordance with regulations made under the Australian Federal Police Act 1979; (c) a reference to the charging of an AFP appointee in respect of a breach of discipline is a reference to the institution of proceedings against the appointee in respect of the breach in accordance with the prescribed regulations; (d) a reference to the taking of action shall be construed as including a reference to: (i) the making of a decision or recommendation; (ii) the formulation of a proposal; and (iii) failure or refusal to take any action, to make a decision or recommendation or to formulate a proposal. (4) In this Act, references to the prescribed regulations shall be construed as references to such regulations made under the Australian Federal Police Act 1979 as are declared by the regulations made under this Act to be the prescribed regulations.