Wallaby back Kurtley Beale is immediately eligible to join the European tour squad despite being fined $45,000 for a serious violation of the Australian Rugby Union code of conduct.

He avoided suspension following a marathon hearing at ARU headquarters in Sydney on Friday.

The three-man tribunal, chaired by Judge Mark L Williams and including sports administrator John Boultbee and barrister Dominic Viulla, imposed the fine for sending a text and offensive photograph to ARU employee Di Patston during the recent trip to Argentina.

The Wallabies’ business and logistics manager returned early from the tour, went on indefinite sick leave and has since resigned.

The tribunal ruled evidence did not establish a second more offensive text and photo had been sent by the playmaker.

The tribunal said mitigating factors were taken into account to determine an appropriate sanction.

These included Beale’s contrition, the unpleasant consequences the matter had created for Patston and Beale, and the fact Beale had already effectively been suspended from recent matches.

ARU chief executive officer Bill Pulver said Beale was immediately eligible to join the tour party, which left earlier on Friday.

“I’ll be be calling the coach a little later to inform him of the outcome,” Pulver said outside the hearing.

Beale’s reaction was contained in a statement issued by the ARU.

“I am satisfied with tonight’s outcome,” Beale said in the statement.

“There was conjecture about my contract being terminated, however the tribunal agreed that – on the basis of the evidence – that a fine was appropriate.

“I’m also happy the evidence presented to the tribunal did not establish that I sent the second text and photograph. This is why I fought so hard to prove my innocence regarding that text.

“I’d like to apologise to Di Patston and the broader community for my behaviour, particularly to Rugby fans.

“I have had a fair hearing tonight and will work to re-gain the respect of my teammates, fans and the general Australian community.

“I am extremely proud to represent my country,and I will work hard to ensure my behaviour reflects the honour and privilege of playing for Australia at all times, on and off the field.”

While Beale has been involved in a number of off-field incidents Pulver wouldn’t be drawn on whether the gifted back was on his last chance.

“I don’t want to speculate right now, on the future in relation to Kurtley but I think it’s fair to say he has had a lot of indiscretions,” Pulver said

Beale is coming off contract and negotiations with the ARU had been suspended until the charge was heard.

“As a result of the independent tribunal’s decision, we will re-open those contract discussions.” Pulver said.

Pulver said it had been a fair and independent process, but understood the sanction would produce divided feelings and might surprise some in the community.