52BCommissioner may impose penalty

#### 52B Commissioner may impose penalty (1) If, after hearing and determining proceedings, the Commissioner finds an AFP appointee guilty of a breach of discipline, the Commissioner may, subject to subsection (2), impose any penalty on the appointee in respect of the breach that the Commissioner has power to impose in respect of such a breach under the prescribed regulations. (2) Unless the Commissioner has first complied with subsections (3) and (4), the Commissioner must not impose a penalty under subsection (1) by way of dismissing the appointee from the Australian Federal Police. (3) The Commissioner must give the appointee a notice informing the appointee: (a) that the Commissioner considers that it might be appropriate to impose a penalty by way of dismissing the appointee; and (b) that the appointee may, within 7 days after receiving the notice, give to the Commissioner any written statement that the appointee wishes to be taken into consideration in deciding the appropriate penalty to be imposed. (4) The Commissioner must take into consideration the matters contained in any statements given in accordance with the notice. (5) Subsection (2) does not affect the rights of the AFP appointee under sections 74 and 75.