No. 476. 27. Where under this Act the amount of any gratuity or 37 VICTORIA, retiring allowance to be granted to any member of the force is based upon the rate of pay of such member of the force, such rate of pay Compensation shall be understood to include not only the salary or wages which he for allowances. may receive but likewise a money equivalent for the several allowances to which he is entitled as a member of the force, and the rate of this equivalent shall be estimated for each year by the Governor in Council. 28. Any member of the force who has been discharged or Dismissed memdismissed therefrom for misconduct of any kind shall not be entitled bers not entitled to any pension gratuity or allowance. to pension. recommend increase of pension. 29. Nothing in this Act contained shall be taken to prevent the Governor may Governor from recommending by message to the Legislative Assembly any addition to any pension gratuity or allowance in consideration of any special services rendered by any member of the force entitled thereto or of any other unusual circumstances. SUPERANNUATION FUND. Fund to be 30. Of the moneys now standing to the credit of a fund known Police Reward as the Police Reward Fund, the sum of Seventy thousand pounds invested. shall be invested in the purchase of Victorian Government Stock, in the name of the Treasurer, which shall be entered in the stock ledger to a separate account, to be called the Police Superannuation Account, and the balance shall be paid into the annual income of the Police Superannuation Fund and shall form part of the first year's income of the said last mentioned fund. 31. All stock standing to the credit of the Police Superannua- Treasurer to hold tion Account shall be held in trust by the Treasurer for the time stock in trust. being for and on behalf of the Police Superannuation Fund, and no transfer of any such stock shall be entered or registered unless the transfer thereof be countersigned by the Commissioners of Audit or any two of them. fund from Con 32. There shall be paid yearly and every year into, and to the Annual payment credit of, the said fund the sum of Two thousand pounds and such to be made to sum shall be paid out of the Consolidated Revenue which is hereby solidated Reappropriated for that purpose accordingly. venue. of Police Superannuation Fund. 33. The interest accruing from the sum invested in Victorian Annual income Government stock, and any sum appropriated from the Consolidated Revenue, together with all fines imposed on any members of the force, and all penalties or portions of penalties and damages awarded to any member of the force by any justice or justices on summary conviction as the prosecutor of any information or otherwise shall be deemed the annual income of the Police Superannuation Fund and shall be kept in a separate account in the Treasury; and such annual income shall be permanently appropriated to the payment of gratuities and pensions under this Act. wages and vote 34. If such income shall be insufficient to liquidate all gratuities Deductions from and pensions authorized as aforesaid in any year the Governor in salaries and Council may direct that a deduction of a sum not exceeding two and by Parliament to a half per centum from the salaries and wages of all members of the meet deficiency. No. 476. 37 VICTORIA, force for such year be made to meet such deficiency, and subject thereto any further deficiency shall be paid out of the Consolidated Revenue in such manner as shall be provided by Parliament. Surplus income to be invested. Police Superannuation Board. Applications for gratuities or pensions. Duties of Police Time in other branches to count. Inquiries into misconduct of sergeants. Inquiries into misconduct of constables. 35. Any surplus income of the Police Superannuation Fund may be invested in the purchase of Victoria Government stock in the name of the Treasurer which shall be placed to the credit of the Police Superannuation Account. 36. The Governor in Council may from time to time appoint\ three persons to be a board hereinafter designated the Police Superannuation Board, and every person so appointed may remove. 37. Members of the force or other persons entitled under this Act to gratuities or pensions shall make their application for the same to the Chief Commissioner of Police, who shall forthwith forward such application, together with his report thereon, to the Police Superannuation Board. 38. The Police Superannuation Board shall consider and determine upon all applications for gratuities or pensions from members of the force or other persons entitled under this Act and submitted to them by the Chief Commissioner of Police, and shall report to the Chief Secretary upon each of such applications whether the applicants are entitled to a gratuity or pension or not, and the decision of such board after approval by the Governor in Council shall be final and conclusive. 39. Any member of the force claiming a gratuity or pension shall be entitled to count as service in the force any period served by him in any other branch of the public service of Victoria before he became a member of the force. PART IV. INQUIRIES INTO MISCONDUCT AND PENALTIES. 40. The Chief Commissioner superintendent or other officer appointed by the Governor in Council may examine on oath into any charge of insubordination or misconduct against the discipline of the force against any sergeant, and the evidence taken by any superintendent or other officer shall be referred for the decision of the Chief Commissioner, and the Chief Commissioner if he consider the charge is satisfactorily proved may inflict a fine not exceeding Five pounds, and may recommend such sergeant for reduction discharge or dismissal by the Governor in Council. 41. The Chief Commissioner superintendent or other officer appointed by the Governor in Council may examine on oath into any charge of insubordination or misconduct against the discipline of the force preferred against any constable of the force, and on conviction thereof may sentence such constable to pay a fine not exceeding Three pounds or to imprisonment for any period of not more than three days, and every such sentence if by a superintendent or other officer shall be subject to the approval of the Chief Commissioner and shall be enforceable as any order or adjudication of justices under this Act, and every such Chief Commissioner superintendent or officer shall have the same power to summon and examine witnesses and administer oaths as a justice. superior officers. 42. When any superintendent inspector sub-inspector or other 37 VICTORIA, officer above the rank of sergeant is accused of a breach of duty or No. 476. of any conduct rendering it unfit that he should remain in the police Inquiries into force if he deny the truth of such accusation and if the Governor in misconduct of Council nevertheless think that sufficient cause has been shown for further proceedings the Governor in Council may appoint three or more fit and proper persons of whom only one may be a member of the police force to inquire as to the truth of such charge, and such persons shall have authority to hear receive and examine evidence on oath and shall after fully hearing the case report to the Governor in Council their opinion thereon. conduct may by a board. 43. Any member of the force not being a superior officer accused Members of force of any act of insubordination or act of misconduct against the accused of misdiscipline of the force or any superintendent inspector or other officer demand inquiry accusing such member under this Act may require that such case instead of being heard before any justice shall be heard by a board, and thereupon a board appointed by the Governor in Council consisting of three persons of whom only one may be a member of the force (not being the Chief Commissioner) may summarily inquire into on oath and determine such cases and award and sentence such constable or other member to such fine or imprisonment as justices would for the like offence be authorized to award or sentence under the provisions hereof; and every such sentence shall be subject to the approval of the Governor in Council and when approved shall be final and shall be enforceable as any order or adjudication of justices under this Act, and every such board shall have the same power to summon and examine witnesses and administer oaths as justices. 44. The Chief Commissioner superintendents inspectors or other witnesses on officers or persons appointed by the Governor in Council may issue such inquiries. summonses requiring any persons named therein to appear before him at a place and time to be therein appointed to give evidence on oath as to all matters and things known to them respecting any charge or complaint preferred against any member of the force as to any neglect or violation of duty in his office, and all persons duly summoned as aforesaid who shall not attend at the time or place named in such summons or attending shall refuse to be sworn or being sworn shall refuse to give evidence or to answer all such questions as may be legally demanded of them shall forfeit and incur such penalty not exceeding Five pounds as the Chief Commissioner of Police superintendent inspector or other person holding such inquiry may direct and adjudge. ber of the force 45. If any member of the force shall be convicted of any felony Penalty on memor infamous offence, or shall be or become a bailiff or a sheriff's becoming bailiff bailiff or a hired servant, or shall act in any of the said capacities, or servant. or shall keep a house for the sale of wine beer or spirituous liquors either in his own or any other name, or shall be directly or indirectly interested in such house he shall be discharged or dismissed from the force, and shall forfeit all pay gratuity or pension to which he may be entitled under this Act at the time of such discharge. signing without 46. If any officer sergeant or constable shall resign his office or Penalty for rewithdraw himself from the duties thereof without the previous per- notice. mission or notice required by this Act, he shall, upon conviction No. 476. 37 VICTORIA, thereof on the complaint of the Chief Commissioner in a summary way before two justices, for every such offence forfeit and pay a penalty of not less than Five pounds and not exceeding Forty pounds. Penalty for 47. Any member of the force who shall take any bribe pecuniary taking bribe &c. or otherwise either directly or indirectly to forego his duty, or who shall in any manner aid or connive at the escape or attempt to escape of any prisoner in lawful custody, or who shall desert his post, or assault his superior in rank in the force, or shall neglect or refuse to obey or execute any process hereby directed to be by him executed, or shall be guilty of any act of insubordination or misconduct against the discipline of the force, shall for every such offence, upon conviction thereof on the complaint of any officer of the force in a summary way before two justices forfeit and pay a penalty not exceeding Twenty-five pounds. Penalty for not delivering accoutrements. s. 16. 48. If any person who having been a member of the force has been discharged or dismissed from or who has otherwise ceased to 2 & 3 Vict. c. 47 hold and execute his office shall not forthwith deliver over everything whatsoever which may have been supplied to him for the execution of his office or which may be in his custody by virtue thereof, to such person as may be appointed by any order special or general issued by the Chief Commissioner, every such person shall upon conviction thereof on the complaint of any officer or sergeant in a summary way before two justices be imprisoned and kept to hard labour for any period not exceeding three months; and any justice may and shall issue his warrant to search for and seize to the use of Her Majesty all and every the arms ammunition accoutrements horses saddles bridles clothing and other appointments and things whatsoever which shall not be so delivered over wherever the same shall be found. Penalty for personating constables. Ib. s. 17. Penalty on persons wrongfully sion into the force. 49. If any person not being a member of the force shall have in his possession any arms or ammunition or any article of clothing accoutrements or appointments supplied to any member of the force, and shall not be able satisfactorily to account for his possession thereof, or shall put on or assume the dress name designation or description of any member of the force, or shall give or offer or promise to give any bribe pecuniary or otherwise, or shall make any agreement with any member of the force to induce him in any way to forego his duty, or shall concert or connive at any act whereby any rule order or regulation of the Governor in Council in relation to the force may be evaded, every such person so offending shall in addition to any other punishment for which he may be liable for such offence, upon conviction thereof on the complaint of any member of the force in a summary way before two justices, forfeit and pay a penalty not exceeding Fifty pounds. 50. Any person having been dismissed from the force who shall obtaining admis- by concealing the fact of such dismissal, and any person who shall by any false or forged certificates, or any false representations, obtain admission into the force, or who by any such means shall receive any pay gratuity or pension shall be guilty of a misdemeanor, and shall be liable on conviction to imprisonment for any period not exceeding three months. No 476. force incapable 10 Geo. IV. c. 44 s. 18. 51. Any member of the force shall not during the time he shall 37 VICTORIA, continue in the force be capable of giving his vote for the election of a member to serve in the Legislative Council or Legislative Members of the Assembly of Victoria, and shall not in any manner influence any voting at elector in giving his vote for the choice of any person to be a member elections. to serve in such Council or Assembly; and if any person being a member of the force shall offend herein he shall forfeit the sum of One hundred pounds, to be recovered by any person who will sue for the same by action to be commenced within six months after the commission of the offence; but nothing herein contained shall subject any member of the force to any penalty for any act done by him at or concerning any of the said elections in the discharge of his duty. 52. The holder of any license to sell wine beer or spirituous Penalty on publiquors who shall by himself or his servants knowingly permit any constables to he constable to become intoxicated on his premises or to be supplied with fermented or spirituous liquors whilst intoxicated, shall for every such offence forfeit and pay a penalty not exceeding Twenty pounds, to be recovered in a summary way before any two justices by any person who may sue for the same. lican permitting come intoxicated on his premises. 53. Every toll collector who shall demand or receive any duty Tolls. or toll contrary to this Act shall forfeit and pay any sum not exceeding Ten pounds for every such offence. may be substi default of payment of penalties. 54. Imprisonment with hard labour may in the discretion of Imprisonment the justices adjudicating be substituted in lieu of any pecuniary tuted for pecupenalty for any of the offences mentioned in this Act provided that niary penalties. such imprisonment does not exceed fifteen days where such pecuniary penalty is not more than Five pounds, or two months where such penalty is more than Five pounds and less than Twenty pounds, or six months where such penalty is more than Twenty pounds. When- Imprisonment in ever any penalty or forfeiture shall have been imposed by any justices under the provisions hereof and the person convicted shall not forthwith pay the same such justices may direct that such person be imprisoned in any gaol with or without hard labour as they shall think fit for a period not exceeding two months if the penalty shall not exceed Ten pounds, and for a period not exceeding four months if the penalty be above Ten pounds and not exceeding Twenty pounds, and for a period not exceeding six months if the penalty be above Twenty pounds, and such person shall be detained and kept to hard labour accordingly unless he shall sooner pay the penalty and costs. force subject to soned in any appointed. 55. Any member of the force who shall be subject to punish- Members of the ment of imprisonment under this Act, or for whom imprisonment imprisonment shall have been substituted in lieu of a pecuniary penalty for any may be impriact of insubordination or misconduct against the discipline of the place specially force, shall be confined in any place specially appointed by the Governor in Council as a police prison instead of a common gaol or other place where he might be confined under this Act, and may be kept to such labour therein as the Chief Commissioner may direct; and no imprisonment or confinement of any member of the force under this Act shall be deemed to be part of any period for which he shall have engaged to serve in the force; and the period of any such confinement shall in no case exceed the period of imprisonment to which such member may have been sentenced. |