Federal Court of Australia
IN THE FEDERAL POLICE
DISCIPLINARY TRIBUNAL
REASONS FOR DECISION:
1 SEPTEMBER 1982
) { ) No. p of 1982 )
~ ~—
THE COMMISSIONER OF POLICE against
SERGEANT KOBERT ALEXANDER GEORGE DONALDSON
IN THE MATTER of the Complaints (Australian Federal Police) Act 1981
KELLY, J.
palatine Heenan
On 10 June 1980 the Commissioner of Police of the Australian Federal Police instituted proceedings pursuant to Regulation 19(1) of the. Australian Federal Police (Discipline) Regulations (the "Regulations") against Sergeant Robert Alexander George Donaldson, a member of the Australian Federal Police (hereinafter called the "officer'"), in respect of three alleged breaches of paragraph 18(1)(h) of the Regulations. For reasons into which I need not presently go, the matters did not proceed.
On 4 June 1982 fresh proceedings were instituted in respect of the same matters. Each of the notices then issued was clearly defective but I made amendments under s.72 of the Complaints (Australian Federal Police) Act, 1981, (the "Act") without objection from the officer. In the end he was charged with three disciplinary offences. Each charge alleged that he contravened paragraph 18(1) th) of the Regulations by being found guilty by the Supreme Court of the Australian Capital Territory on 2 May 1980 of an offence against a law of the Territory, s.5(1) of the Gun Licence Ordinance 1937, of having in his possession a gun for which he was not the licensee under a gun licence. the notices alleged that the convictions were in relation
respectively to -
(a) one Lucznik 87.177 calibre air rifle, Serial No. K5421,
(b) one Birmingham Small Arms .22 single shot rifle, Serial No. L13578, and
(c) one Winchester .22 lever action repeating rifle, Serial No. 185445.
During the course of the hearing before me on 10 and 11 August 1982, I stated that I was satistied that the
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