68Appeals to Disciplinary Tribunal from proceedings remitted to Commissioner

#### 68 Appeals to Disciplinary Tribunal from proceedings remitted to Commissioner (1) Where the Commissioner imposes a penalty on an AFP appointee in respect of a breach of discipline in pursuance of subsection 67(6): (a) the Commissioner shall cause the appointee to be notified of the penalty imposed on him or her in respect of the breach of discipline; and (b) the appointee or the Attorney‑General may appeal to the Disciplinary Tribunal against the penalty imposed on the appointee in respect of the breach of discipline. (2) An appeal to the Disciplinary Tribunal under subsection (1): (a) shall be in writing; (b) shall set out the grounds on which it is made; and (c) shall be lodged with the Registrar of the Tribunal within 28 days after the appointee is notified of the penalty imposed on him or her, or within such further time as the Disciplinary Tribunal, constituted by the President or a Deputy President, allows (whether before or after the expiration of that period). (3) An appeal to the Disciplinary Tribunal under subsection (1) by an AFP appointee against the penalty imposed on him or her in respect of a breach of discipline may be made on either or both of the following grounds: (a) that the penalty is unduly severe; (b) that the penalty is not authorized by law. (4) An appeal to the Disciplinary Tribunal under subsection (1) by the Attorney‑General may be made on the ground that the penalty imposed on the appointee in respect of a breach of discipline is inadequate. (5) The Disciplinary Tribunal constituted by the President or a Deputy President shall hear and determine the appeal and may: (a) affirm the penalty imposed on the appointee in respect of the breach of discipline; or (b) set aside the penalty imposed on the appointee in respect of the breach of discipline and substitute for that penalty such other penalty as the Tribunal deems fit, being a penalty that the Commissioner would have had the power to impose under the prescribed regulations if he or she had heard the proceedings and had found the appointee guilty of the breach of discipline. (6) Where the Disciplinary Tribunal under subsection (5): (a) affirms the penalty imposed on an AFP appointee in respect of a breach of discipline; or (b) substitutes for the penalty imposed on an AFP appointee in respect of a breach of discipline another penalty that the Tribunal deems fit; the provisions of the Australian Federal Police Act 1979 and of the regulations in force under that Act apply to and in relation to the penalty so affirmed or substituted as if it had been imposed on the appointee by the Commissioner under the prescribed regulations. (7) The institution of an appeal to the Disciplinary Tribunal under subsection (1) against a penalty imposed on an AFP appointee by the Commissioner does not affect the imposition of the penalty but, if the Disciplinary Tribunal directs that the imposition of the penalty be suspended pending the hearing and determination of the appeal, the imposition of the penalty is suspended accordingly.