52AUndisputed charges in respect of breaches of discipline

#### 52A Undisputed charges in respect of breaches of discipline (1) If: (a) proceedings are begun by the Commissioner against an AFP appointee under the prescribed regulations in respect of a breach of discipline; and (b) the proceedings are the result of: (i) the investigation of a complaint that was referred to the Commissioner by the Ombudsman; or (ii) the investigation of a complaint (other than a complaint made by a person known to the Commissioner to be an AFP appointee) that was referred to the Investigation Division under section 6; or (iii) the investigation of the actions of the appointee by the Ombudsman under Part III; and (c) the appointee admits the truth of the matters alleged to constitute the breach; the proceedings are to be heard and determined by the Commissioner, or by the Disciplinary Tribunal, in accordance with the following subsections. (2) If the Commissioner thinks that the public interest requires that the proceedings be dealt with by the Tribunal, then the proceedings are to be dealt with by the Tribunal under subsection 67(1). (3) If the Commissioner does not think that the public interest requires the proceedings to be dealt with by the Tribunal, and the Ombudsman agrees in writing, then the proceedings are to be dealt with by the Commissioner. (4) If: (a) the Commissioner does not think that the public interest requires the proceedings to be dealt with by the Tribunal; and (b) the Ombudsman does not agree in writing; the proceedings are to be dealt with by the Tribunal or by the Commissioner, as the Attorney‑General, in writing, directs. (5) The following rules apply to a direction by the Attorney‑General for the purposes of subsection (4): (a) before giving the direction, the Attorney‑General must consider any relevant report, notification or recommendation and the results of any relevant inquiries; (b) if the Attorney‑General thinks that the public interest requires the proceedings to be dealt with by the Tribunal—the Attorney‑General must, in writing, direct that they be dealt with by the Tribunal under subsection 67(1).