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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Australian
Federal Police and Other Legislation Amendment Bill
2003
No. ,
2003
(Justice and
Customs)
A Bill for an Act to integrate the
Australian Protective Service into the Australian Federal Police, and for other
purposes
Contents
Australian Federal Police Act
1979 6
Air Navigation Act
1920 34
Australian Protective Service Act
1987 34
Aviation Transport Security Act
2003 34
Complaints (Australian Federal Police) Act
1981 34
Crimes Act
1914 34
Crimes (Aviation) Act
1991 34
Customs Act
1901 35
Legislative Instruments Act
2003 35
Migration Act
1958 35
Parliamentary Precincts Act
1988 35
Passenger Movement Charge Collection Act
1978 35
Public Order (Protection of Persons and Property) Act
1971 36
Australian Federal Police Act
1979 37
Crimes Act
1914 40
A Bill for an Act to integrate the Australian Protective
Service into the Australian Federal Police, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Federal Police and Other
Legislation Amendment Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 4 and anything in this Act not elsewhere covered by
this table |
|
|
|
2. Schedule 1, items 1 to 7 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
|
3. Schedule 1, item 8 |
The later of: (a) immediately after the commencement of the provision(s) covered by table
item 2; and (b) the time Schedule 1 to the Non-Proliferation Legislation
Amendment Act 2003 commences. However, the provision(s) do not commence at all if the event mentioned in
paragraph (b) does not occur. |
|
|
4. Schedule 1, item 9 |
The later of: (a) immediately after the commencement of the provision(s) covered by table
item 2; and (b) the time section 3 of the Aviation Transport Security Act
2003 commences. However, the provision(s) do not commence at all if the event mentioned in
paragraph (b) does not occur. |
|
|
5. Schedule 1, items 10 to 60 |
At the same time as the provision(s) covered by table
item 2. |
|
|
6. Schedule 2, item 1 |
At the same time as the provision(s) covered by table
item 2. However, the item does not commence at all if the provision(s) covered by
table item 2 commence after the commencement of section 3 of the
Aviation Transport Security Act 2003. |
|
|
7. Schedule 2, item 2 |
At the same time as the provision(s) covered by table
item 2. |
|
|
8. Schedule 2, item 3 |
The later of: (a) the time the provision(s) covered by table item 2 commence;
and (b) immediately after the commencement of section 3 of the Aviation
Transport Security Act 2003. However, the provision(s) do not commence at all if the event mentioned in
paragraph (b) does not occur. |
|
|
9. Schedule 2, items 4 to 7 |
At the same time as the provision(s) covered by table
item 2. |
|
|
10. Schedule 2, item 8 |
The later of: (a) the day on which this Act receives the Royal Assent; and (b) immediately after the commencement of section 3 of the
Legislative Instruments Act 2003. However, the provision(s) do not commence at all if the event mentioned in
paragraph (b) does not occur. |
|
|
11. Schedule 2, items 9 to 11 |
At the same time as the provision(s) covered by table
item 2. |
|
|
12. Schedule 2, item 12 |
The later of: (a) the time the provision(s) covered by table item 2 commence;
and (b) immediately after the commencement of section 1 of the Customs
Legislation Amendment Act (No. 2) 2002. |
|
|
13. Schedule 2, item 13 |
At the same time as the provision(s) covered by table
item 2. |
|
|
14. Schedule 3 |
On the day after the end of the period of 6 months beginning on the day on
which this Act receives the Royal Assent. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
(1) Each APS transferee is taken to have been engaged, at the transfer
time, under section 24 of the Australian Federal Police Act
1979.
(2) Each transferred PSO is taken to have been declared, at the transfer
time, to be a protective service officer under section 40EA of the amended
AFP Act.
(3) Paragraph 36(4A)(a) of the amended AFP Act (about entering an
undertaking) does not apply to a transferred PSO.
(4) Each transferred PSO who has made and subscribed an oath or
affirmation under section 10 of the Australian Protective Service Act
1987 is taken to have satisfied the requirement under paragraph 36(4A)(b) of
the amended AFP Act.
(5) In this section:
AFP employee has the same meaning as in the Australian
Federal Police Act 1979.
amended AFP Act means the Australian Federal Police Act
1979 as amended by Schedule 1 to this Act.
APS transferee means a person who, immediately before the
transfer time, was an employee assisting the Commissioner of the Australian
Federal Police under subsection 5(2) of the Australian Protective Service Act
1987.
transferred PSO means an APS transferee who, immediately
before the transfer time, was a protective service officer within the meaning of
the Australian Protective Service Act 1987.
transfer time means the time specified by the Public Service
Commissioner in a determination under paragraph 72(1)(b) of the Public
Service Act 1999 as the time at which the APS transferees become employees
of the Australian Federal Police.
Australian Federal Police
Act 1979
1 Subsection 3A(1)
Omit “and special members”, substitute “, special members
and special protective service officers”.
2 After subsection 3A(5)
Insert:
Protective service officers of the Australian Federal
Police
(5A) Under Division 3A of Part IV, the Commissioner may declare
AFP employees to be protective service officers. Divisions 3 and 4 of
Part II deal with the powers of protective service officers.
Special protective service officers of the Australian Federal
Police
(5B) Under Division 3B of Part IV, the Commissioner may appoint
persons as special protective service officers to assist in performing
protective service functions.
3 After paragraph 3A(7)(a)
Insert:
(aa) deals with the powers of protective service officers and certain
other powers relating to protective service functions (see Divisions 3 and
4 of Part II); and
4 Subsection 4(1)
Insert:
frisk search means:
(a) a search of a person conducted by quickly running the hands over the
person’s outer garments; and
(b) an examination of anything worn or carried by the person that is
conveniently and voluntarily removed by the person.
5 Subsection 4(1)
Insert:
ordinary search means a search of a person or of articles in
the possession of a person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and
any gloves, shoes and hat; and
(b) an examination of those items.
6 Subsection 4(1)
Insert:
protective service functions means the functions designated
by the Minister under section 8A.
7 Subsection 4(1)
Insert:
protective service offence means any of the
following:
(a) an offence in relation to a person, place or thing in respect of which
the Australian Federal Police is performing protective service functions, being
an offence under:
(i) section 24AB, 29, 46 (other than paragraph (b)), 47, 47A,
79, 89 or 89A of the Crimes Act 1914; or
(ii) the Crimes (Internationally Protected Persons) Act 1976 or
Part 2 of the Crimes (Aviation) Act 1991; or
(iii) the Defence (Special Undertakings) Act 1952 (other than
subsection 31(2)); or
(iv) the Public Order (Protection of Persons and Property) Act 1971
(other than section 11); or
(v) the Nuclear Non-Proliferation (Safeguards) Act 1987 (other than
section 27, subsection 29(2), 30(1), 40(1), 58(2) or 65(1) or
section 66); or
(vi) section 91.1 of the Criminal Code;
(b) an offence against section 6 of the Crimes Act 1914, or
section 11.1 or 11.4 of the Criminal Code, that relates to an
offence mentioned in paragraph (a);
(c) an offence against Division 72 of the Criminal Code that
relates to a person, place or thing in respect of which the Australian Federal
Police is performing protective service functions;
(d) an offence against Division 101 of the Criminal Code that
relates to a person, place or thing in respect of which the Australian Federal
Police is performing protective service functions;
(e) an offence in relation to a person, place or thing in respect of which
the Australian Federal Police is performing protective service functions, being
an offence against section 131.1, 141.1, 142.1, 147.1, 148.1 or 149.1 of
the Criminal Code.
8 Subsection 4(1) (subparagraph (a)(v) of the
definition of protective service offence)
Omit “27”, substitute “25A, 27 or 28A”.
9 Subsection 4(1) (after subparagraph (a)(v) of
the definition of protective service offence)
Insert:
(va) the Aviation Transport Security Act 2003 or regulations made
under that Act; or
10 Subsection 4(1)
Insert:
protective service officer means an AFP employee in respect
of whom a declaration under section 40EA is in force.
11 Subsection 4(1)
Insert:
special protective service officer means a person appointed
under section 40EC.
12 Division 1 of Part II
(heading)
Repeal the heading, substitute:
13 At the end of section 6
Add:
; and (e) special protective service officers.
14 After paragraph 8(1)(bd)
Insert:
(be) to perform such protective and custodial functions as the Minister
directs by notice in writing in the Gazette, being functions that relate
to a person, matter or thing with respect to which the Parliament has
legislative power; and
15 After section 8
Insert:
The Minister may, by notice published in the Gazette, direct that
certain protective and custodial functions of the Australian Federal Police are
protective service functions.
16 Subsection 12A(1)
Insert:
AFP dog means a police dog or a protective service dog that
is used by the Australian Federal Police.
17 Subsection 12A(1)
Insert:
AFP dog handler means a member or a protective service
officer whose duties as a member or a protective service officer include the
duties of an AFP dog handler.
18 Subsection 12A(1) (definition of police
dog)
Repeal the definition.
19 Subsection 12A(1) (definition of police dog
handler)
Repeal the definition.
20 Subsection 12A(1)
Insert:
protective service dog means a dog used or trained to assist
protective service officers.
21 Subsections 12A(2), (3) and
(4)
Omit “a police dog” (wherever occurring), substitute “an
AFP dog”.
22 Subsections 12A(2), (3) and
(4)
Omit “the police dog” (wherever occurring), substitute
“the AFP dog”.
23 Subsection 12A(2)
After “member”, insert “or a protective service
officer”.
24 Subsection 12A(3)
Omit “Neither the Commonwealth nor a member is subject”,
substitute “The Commonwealth, a member or a protective service officer is
not subject”.
25 Paragraph 12A(3)(b)
After “member”, insert “or protective service
officer”.
26 Paragraph 12A(4)(a)
After “member”, insert “or specified protective service
officer”.
27 At the end of Part II
Add:
A protective service officer may, without warrant, arrest a person for a
protective service offence if the protective service officer believes on
reasonable grounds that:
(a) the person has just committed, or is committing, the offence;
and
(b) the arrest of the person is necessary for the purpose of:
(i) ensuring the appearance of the person before a court of competent
jurisdiction for the offence; or
(ii) preventing the continuation of, or a repetition of, the offence or
the commission of a further protective service offence; or
(iii) preventing the concealment, loss or destruction of evidence of, or
relating to, the offence; or
(iv) preserving the safety or welfare of the person; and
(c) proceedings by way of summons against the person for the offence would
not achieve such a purpose.
(1) A protective service officer must not, in arresting or attempting to
arrest a person for an offence or in preventing a person who has been arrested
for an offence from escaping, use more force, or subject the person to greater
indignity, than is reasonable and necessary in order to make the arrest or
prevent the escape of the person.
(2) Without limiting the generality of subsection (1), a protective
service officer must not, in arresting or attempting to arrest a person for an
offence or in preventing a person who has been arrested for an offence from
escaping, do an act likely to cause death or grievous bodily harm to the person
unless the officer believes on reasonable grounds that the doing of the act is
necessary to protect life or prevent serious injury to the officer or any other
person.
(1) A protective service officer who arrests a person for an offence must
inform the person, at the time of the arrest, of the offence for which the
person is arrested.
(2) It is sufficient compliance with subsection (1) if the protective
service officer informs the person of the substance of the offence, and it is
not necessary to do so in language of a precise or technical nature.
(3) Subsection (1) does not apply to the arrest by a protective
service officer of a person for an offence if the person, by his or her own
actions, makes it impracticable for the protective service officer to inform the
person of the offence.
(4) Where a protective service officer who arrests a person for an offence
believes or has reasonable grounds for believing that the person is unable, by
reason of inadequate knowledge of the English language or any physical or mental
disability, to understand the substance of the offence for which the person is
arrested, the protective service officer must, as soon as practicable, take all
reasonable steps to ensure that the person is provided with an explanation of
the substance of the offence that the person is able to understand.
(1) A protective service officer may, upon lawfully arresting a person for
an offence:
(a) conduct an ordinary search or a frisk search of the person;
and
(b) search the clothing that the person is wearing and any vessel, vehicle
or other property under the person’s immediate control if the officer
believes on reasonable grounds that it is necessary to do so;
for the purpose of:
(c) ascertaining whether there is concealed on the person, in the clothing
or in the property, a weapon or other thing capable of being used to inflict
bodily injury or to assist the person to escape from custody; or
(d) preventing the concealment, loss or destruction of evidence of, or
relating to, the offence.
(2) If the protective service officer is not of the same sex as the
arrested person, an ordinary search or a frisk search of the arrested person for
the purposes of subsection (1) may be conducted by:
(a) if a protective service officer, a member or a special member of the
same sex as the arrested person is reasonably available to conduct the
search—that protective service officer, member or special member;
or
(b) if paragraph (a) does not apply but a police officer or an
officer of Customs (within the meaning of subsection 4(1) of the Customs Act
1901) who is of the same sex as the arrested person is reasonably available
to conduct the search—that police officer or officer of Customs;
or
(c) otherwise—any other person who is of the same sex as the
arrested person and who is requested by the protective service officer to
conduct the search.
(3) An action or proceeding, whether civil or criminal, does not lie
against a person who, at the request of a protective service officer, conducts a
search under this section if the person acts in good faith and does not
contravene subsection (4).
(4) A protective service officer or other person who conducts a search
under this section must not use more force, or subject an arrested person to
greater indignity, than is reasonable and necessary in order to conduct the
search.
(5) A protective service officer or other person who lawfully conducts a
search under this section may seize:
(a) any weapon or thing mentioned in paragraph (1)(a); or
(b) anything that the officer or other person has reasonable grounds to
believe is a thing:
(i) with respect to which an offence has been committed; or
(ii) that will afford evidence of the commission of an offence;
or
(iii) that was used, or intended to be used, for the purpose of committing
an offence.
(1) A protective service officer who arrests a person for an offence must
ensure that the person is delivered into the custody of a police officer as soon
as practicable to be dealt with according to law.
(2) Where a weapon or other thing has been seized from the person under
subsection 14D(5), the protective service officer must ensure that the weapon or
other thing is delivered to the police officer into whose custody the person is
delivered.
(3) In this section:
police officer means:
(a) a member or special member; or
(b) a member, however described, of a police force of a State or
Territory; or
(c) a member, however described, of a police force of a foreign
country.
Where:
(a) a person has been arrested by a protective service officer for an
offence; and
(b) the person is in the custody of the protective service officer or
another protective service officer; and
(c) the protective service officer who has the custody of the
person:
(i) ceases to have reasonable grounds for believing that the person
committed, or was committing, an offence; or
(ii) ceases to have reasonable grounds for believing that the holding of
the person in custody is necessary in order to achieve a purpose mentioned in
paragraph 14A(b), and does not have reasonable grounds for believing that the
holding of the person in custody is necessary in order to achieve any other
purpose mentioned in that paragraph; or
(iii) ceases to have reasonable grounds for believing that proceedings by
way of summons against the person for the offence would not achieve a purpose
mentioned in paragraph 14A(b), and does not have reasonable grounds for
believing that proceedings by way of summons against the person for the offence
would not achieve any other purpose mentioned in that paragraph;
the protective service officer must release the person from custody in
respect of the offence as soon as practicable.
(1) The power of arrest conferred by section 14A on protective
service officers is in addition to, and not in derogation of, powers of arrest
available to protective service officers under any other law of the Commonwealth
or the law of a State or Territory.
(2) Subject to subsection (3), where a protective service officer, in
the course of his or her duties as a protective service officer, arrests a
person for any offence (whether the arrest is made under section 14A, under
any other law of the Commonwealth or under the law of a State or Territory),
sections 14B to 14F apply in relation to the arrest despite any other law
of the Commonwealth or the law of a State or Territory.
(3) Subsection (2) has effect subject to sections 252 and 253 of
the Migration Act 1958.
(4) Subject to subsection (2), the powers conferred, and duties
imposed, by this Division on protective service officers are in addition to, and
not in derogation of, any other powers conferred, or duties imposed, by any
other law of the Commonwealth or the law of a State or Territory, and this
Division is not intended to exclude or limit the operation of any other law of
the Commonwealth or the law of a State or Territory providing for such powers or
duties in so far as it is capable of operating concurrently with this
Division.
(5) This Division, in so far as it protects the individual, is in addition
to, and not in derogation of, any rights and freedoms of the individual, whether
under the law of the Commonwealth or of a State or Territory, and this Division
is not intended to exclude or limit the operation of any law of the Commonwealth
or of a State or Territory providing for those rights and freedoms in so far as
it is capable of operating concurrently with this Division.
In this Division:
designated person means:
(a) a member or special member; or
(b) a protective service officer.
police officer means:
(a) a member or special member; or
(b) a member, however described, of a police force of a State or
Territory; or
(c) a member, however described, of a police force of a foreign
country.
vehicle includes any means of transport (and, without
limitation, includes a vessel and an aircraft).
(1) If:
(a) a designated person suspects on reasonable grounds that a person (the
suspect) might have just committed, might be committing, or might
be about to commit, a protective service offence; and
(b) the suspect is in a place, or in the vicinity of a place, person or
thing, in respect of which the Australian Federal Police is performing
protective service functions;
the designated person may request the suspect to provide to the designated
person:
(c) the suspect’s name; and
(d) the suspect’s residential address; and
(e) the suspect’s reason for being in the place, or in the vicinity
of the place, person or thing, in respect of which the Australian Federal Police
is performing protective service functions; and
(f) evidence of the suspect’s identity.
(2) If a designated person:
(a) makes a request under subsection (1); and
(b) informs the suspect of the designated person’s authority to make
the request; and
(c) informs the suspect that it may be an offence not to comply with the
request;
the suspect must not:
(d) fail to comply with the request; or
(e) give a name or address that is false in a material
particular.
Penalty: 20 penalty units.
Note: A more serious offence of obstructing a Commonwealth
public official may also apply (see section 149.1 of the Criminal
Code).
(3) Subsection (2) does not apply if the suspect has a reasonable
excuse.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
When this section applies
(1) This section applies if a designated person suspects on reasonable
grounds that:
(a) a person (the suspect):
(i) has a thing under the suspect’s immediate control; or
(ii) is occupying a thing; or
(iii) has a thing in a vehicle operated or occupied by the suspect;
or
(iv) has brought a thing onto premises at which the Australian Federal
Police is performing protective service functions; and
(b) the thing is likely to cause, or is likely to be used by the suspect
or another to cause:
(i) substantial damage to a place or a thing in respect of which the
Australian Federal Police is performing protective service functions;
or
(ii) death or serious harm to a person in respect of whom the Australian
Federal Police is performing protective service functions;
in circumstances that would be likely to involve the commission of a
protective service offence.
Designated person may stop and search suspect
(2) The designated person may:
(a) stop and detain the suspect for the purpose of searching for the
thing; and
(b) do any or all of the following for the purpose of searching for the
thing:
(i) if the designated person is of the same sex as the
suspect—conduct an ordinary search or a frisk search of the
suspect;
(ii) search any thing under the suspect’s immediate
control;
(iii) search any vehicle operated or occupied by the suspect.
Conditions relating to conduct of search of suspect
(3) If the designated person is not of the same sex as the suspect, an
ordinary search or a frisk search of the suspect for the purpose of searching
for the thing may be conducted by:
(a) if another designated person of the same sex as the suspect is
reasonably available to conduct the search—that designated person;
or
(b) if paragraph (a) does not apply but a police officer or an
officer of Customs (within the meaning of subsection 4(1) of the Customs Act
1901) who is of the same sex as the suspect is reasonably available to
conduct the search—that police officer or officer of Customs; or
(c) otherwise—any other person:
(i) who is of the same sex as the suspect; and
(ii) who is requested by the designated person to conduct the search;
and
(iii) who consents to conduct the search.
(4) If a designated person requests an officer of Customs or another
person to conduct a search of a suspect, the designated person must explain to
the officer of Customs or the other person:
(a) if the search requested is an ordinary search—the meaning of an
ordinary search; and
(b) if the search requested is a frisk search—the meaning of a frisk
search; and
(c) that the officer of Customs or the other person must not use more
force, or subject a suspect to greater indignity, than is reasonable and
necessary in order to conduct the search.
(5) An action or proceeding, whether civil or criminal, does not lie
against a person who conducts a search under paragraph (3)(b) or (c) if the
person acts in good faith and does not contravene subsection (6).
(6) A designated person or other person who conducts a search of a suspect
under this section must not use more force, or subject a suspect to greater
indignity, than is reasonable and necessary in order to conduct the
search.
(7) A suspect must not be detained under this section for longer than is
reasonably necessary for a search to be conducted under this section.
Designated person may search a thing
(8) If subparagraph (1)(a)(iv) applies, the designated person may,
for the purpose of searching for the thing mentioned in that subparagraph,
search a thing that the designated person suspects on reasonable grounds was
brought by the suspect onto premises at which the Australian Federal Police is
performing protective service functions.
Other conditions relating to conduct of search of suspect or
thing
(9) In searching a thing under subsection (2) or (8), the designated
person may use such force as is reasonable and necessary in the circumstances,
but must not damage the thing by forcing it, or a part of it, open
unless:
(a) if the search is under subsection (2)—the suspect has been
given a reasonable opportunity to open the thing or part of it; or
(b) if the search is under subsection (8)—the person (if any)
apparently in charge of the thing has been given a reasonable opportunity to
open the thing or part of it; or
(c) it is not possible to give that opportunity.
Designated person may seize a thing being searched for
(1) If, as a result of conducting a search under section 14J, a
designated person, or a person who conducted the search under subsection 14J(3)
on behalf of a designated person, finds the thing for which the designated
person or person was searching, the designated person may seize the
thing.
Designated person may seize a dangerous thing
(2) If, as a result of conducting a search under section 14J, a
designated person, or a person who conducted the search under subsection 14J(3)
on behalf of a designated person, finds a weapon, or other thing, that the
designated person suspects on reasonable grounds is likely to be used by the
suspect or another to cause death or serious harm to a person:
(a) in respect of whom the Australian Federal Police is performing
protective service functions; or
(b) who is in a place, or in the vicinity of a person, place or thing, in
respect of which the Australian Federal Police is performing protective service
functions;
the designated person may seize the weapon or thing.
Protective service officer must deliver thing seized to police
officer
(3) If the designated person is a protective service officer, the
designated person must ensure that the thing is delivered into the custody of a
police officer as soon as practicable.
Seizure notice to be served
(1) A police officer who is for the time being responsible for a thing
seized under section 14K must, within 7 days after the seizure day, serve a
seizure notice on:
(a) the owner of the thing; or
(b) if the owner of the thing cannot be identified after reasonable
inquiries—the person from whom the thing was seized.
(2) Subsection (1) does not apply if:
(a) both:
(i) the owner of the thing cannot be identified after reasonable
inquiries; and
(ii) the thing was not seized from a person; or
(b) it is not possible to serve the person required to be served under
subsection (1).
(3) A seizure notice must:
(a) identify the thing; and
(b) state the date on which the thing was seized; and
(c) state the ground or grounds on which the thing was seized;
and
(d) state that, if the owner does not request the return of the thing
within 90 days after the date of the notice, the thing is forfeited to the
Commonwealth.
Return of thing seized
(4) The owner of a thing seized under section 14K may request the
return of the thing.
(5) A police officer who is for the time being responsible for a thing
seized under section 14K must return the thing to its owner if:
(a) the owner requests the return of the thing; and
(b) in the case of a thing seized under subsection 14K(1)—the police
officer does not suspect on reasonable grounds that, if the thing is returned to
the owner, the thing is likely to cause, or is likely to be used by the owner or
another to cause:
(i) substantial damage to a place or thing in respect of which the
Australian Federal Police is performing protective service functions;
or
(ii) death or serious harm to a person in respect of whom the Australian
Federal Police is performing protective service functions;
in circumstances that would be likely to involve the commission of a
protective service offence; and
(c) in the case of a thing seized under subsection 14K(2)—the police
officer does not suspect on reasonable grounds that, if the thing is returned to
the owner, the thing is likely to be used by the owner or another to cause death
or serious harm to a person:
(i) in respect of whom the Australian Federal Police is performing
protective service functions; or
(ii) who is in a place, or in the vicinity of a person, place or thing, in
respect of which the Australian Federal Police is performing protective service
functions.
Forfeiture of thing seized
(6) A thing is forfeited to the Commonwealth if the owner of the thing
does not request its return:
(a) before the end of the 90th day after the date of the seizure notice in
relation to the thing; or
(b) if subsection (2) applied in relation to the thing so that a
seizure notice was not served—before the end of the 90th day after the
seizure day.
Application to magistrate
(7) If:
(a) the owner of a thing requests the return of the thing:
(i) within 90 days after the date of the seizure notice in relation to the
thing; or
(ii) if subsection (2) applied in relation to the thing so that a
seizure notice was not served—within 90 days after the seizure day;
and
(b) the thing has not been returned to the owner by the end of the 90th
day;
the police officer who is for the time being responsible for the thing
must, before the end of the 95th day:
(c) return the thing to the owner; or
(d) apply to a magistrate for an order under section 14M.
Seizure day
(8) In this section:
seizure day means:
(a) in relation to a thing seized by a designated person who is a
protective service officer—the day on which the thing was delivered into
the custody of a police officer under subsection 14K(3); or
(b) in relation to a thing seized by a designated person who is a member
or a special member—the day on which the thing was seized.
(1) If subsection 14L(7) applies, the police officer may apply to a
magistrate for an order in relation to the thing to which that subsection
applies.
(2) The magistrate must, in determining an application by a police officer
under subsection (1), allow the owner of the thing to appear and be
heard.
(3) If the magistrate is satisfied that:
(a) in the case of a thing seized under subsection 14K(1)—there are
reasonable grounds to suspect that, if the thing is returned to the owner, the
thing is likely to cause, or is likely to be used by the owner or another to
cause:
(i) substantial damage to a place or thing in respect of which the
Australian Federal Police is performing protective service functions;
or
(ii) death or serious harm to a person in respect of whom the Australian
Federal Police is performing protective service functions;
in circumstances that would be likely to involve the commission of a
protective service offence; or
(b) in the case of a thing seized under subsection 14K(2)—there are
reasonable grounds to suspect that, if the thing is returned to the owner, the
thing is likely to be used by the owner or another to cause death or serious
harm to a person:
(i) in respect of whom the Australian Federal Police is performing
protective service functions; or
(ii) who is in a place, or in the vicinity of a person, place or thing, in
respect of which the Australian Federal Police is performing protective service
functions;
the magistrate may make any of the following orders:
(c) that the thing be retained by the police officer for the period
specified in the order;
(d) that the thing is forfeited to the Commonwealth;
(e) that the thing is to be sold and the proceeds given to the
owner;
(f) that the thing is to be otherwise sold or disposed of.
(4) If the magistrate is not satisfied as mentioned in
subsection (3), the magistrate must order that the thing be returned to the
owner.
The powers conferred, and duties imposed, by this Division on protective
service officers, members and special members are in addition to, and not in
derogation of, any other powers conferred, or duties imposed, by any other law
of the Commonwealth or the law of a State or Territory, and this Division is not
intended to exclude or limit the operation of any other law of the Commonwealth
or the law of a State or Territory in so far as it is capable of operating
concurrently with this Division.
28 After subsection 36(4)
Insert:
Protective service officers
(4A) A person declared to be a protective service officer under
section 40EA must, immediately after the declaration:
(a) enter into an undertaking, in accordance with the form prescribed by
the regulations, relating to the performance of his or her duties; and
(b) make and subscribe, before the Commissioner or a person authorised by
the Commissioner, such oath or affirmation as is prescribed by the
regulations.
Special protective service officers
(4B) A person appointed under section 40EC to assist in performing
the protective service functions of the Australian Federal Police must,
immediately after his or her appointment:
(a) enter into an undertaking, in accordance with the form prescribed by
the regulations, relating to the performance of his or her duties; and
(b) make and subscribe, before the Commissioner or a person authorised by
the Commissioner, such oath or affirmation as is prescribed by the
regulations.
29 Section 39
Omit “or a special member”, substitute “, a special
member or a special protective service officer”.
30 Section 40
Omit “or a special member”, substitute “, a special
member or a special protective service officer”.
31 Paragraph 40(e)
Omit “or the special member”, substitute “, the special
member or the special protective service officer”.
32 Subsection 40A(1)
Omit “or a special member”, substitute “, a special
member or a special protective service officer”.
33 Subsection 40A(2)
Omit “or special member”, substitute “, special member or
special protective service officer”.
34 Section 40B
After “AFP employee”, insert “(other than a protective
service officer)”.
35 At the end of
section 40B
Add:
Note 1: A person who is currently a protective service
officer may be declared to be a member if the person ceases to be a protective
service officer.
Note 2: This section does not prevent a protective service
officer from being appointed as a special member.
36 After Division 3 of
Part IV
Insert:
The Commissioner may, by writing, declare an AFP employee (other than a
member) to be a protective service officer of the Australian Federal Police if
the Commissioner is satisfied that the employee meets the requirements specified
in a determination under section 40EB.
Note 1: A person who is currently a member may be declared
to be a protective service officer if the person ceases to be a
member.
Note 2: This section does not prevent a member from being
appointed as a special protective service officer.
The Commissioner may, by written determination, specify either or both of
the following for the purposes of section 40EA:
(a) competency requirements;
(b) qualification requirements.
The Commissioner may, on such terms and conditions as the Commissioner
determines in writing, appoint a person as a special protective service officer
of the Australian Federal Police to assist in performing the protective service
functions of the Australian Federal Police.
A special protective service officer has:
(a) any powers and duties that are expressly conferred or imposed on
special protective service officers under a provision of this Act or any other
Act; and
(b) such of the powers and duties conferred or imposed on protective
service officers as are specified in his or her instrument of
appointment.
37 After paragraph 60A(1)(d)
Insert:
(da) a special protective service officer; or
38 Subsection 61(1)
Omit “or a special member”, substitute “, a special
member or a special protective service officer”.
39 Paragraph 63(1)(c)
Omit “member; or”, substitute “member.”.
40 Paragraph 63(1)(d)
Repeal the paragraph.
41 Subsection 63(2)
Omit “, (c) and (d)”, substitute “and
(c)”.
Note: The heading to section 63 is replaced by the
heading “Personation etc. of member or special
member”.
42 After section 63
Insert:
(1) A person, not being a protective service officer or a special
protective service officer, must not:
(a) wear or display any uniform or badge of a protective service officer
or special protective service officer, any colourable imitation of such a
uniform or badge, or any uniform or badge so closely resembling such a uniform
or badge as to be likely to deceive; or
(b) have in the person’s possession any arms or ammunition, or any
article of clothing, accoutrements or equipment, supplied to any protective
service officer or special protective service officer.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(1) A person, not being a member, special member, protective service
officer or special protective service officer, must not have in the
person’s possession any book or document issued by, or purporting to be
issued by, the Australian Federal Police.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
43 Subsection 64(2)
Omit “or special member” (wherever occurring), substitute
“, special member, protective service officer or special protective
service officer”.
44 Subsection 64A(1)
Omit “on, or attached to, the front of his or her uniform”,
substitute “clearly visible on the uniform”.
45 After section 64A
Insert:
(1) A protective service officer must, at all times when he or she is
wearing his or her protective service officer uniform, wear his or her
identification number clearly visible on the uniform.
Penalty: 5 penalty units.
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3) It is a defence to a prosecution for an offence against
subsection (1) if the defendant proves that his or her identification
number was not clearly visible on the uniform as a consequence of:
(a) the act of another person (not being a protective service officer)
done without the consent of the defendant; or
(b) an unintentional omission of the defendant.
Note: The defendant bears a legal burden in relation to the
matter in subsection (3). See section 13.4 of the Criminal
Code.
(4) The Commissioner must take such steps as are necessary to enable
protective service officers to whom subsection (1) applies to comply with
that subsection.
46 After section 64AA
Insert:
If an AFP employee who is a protective service officer is suspended from
duties under the regulations, the protective service officer must not, while the
suspension is in force, exercise any power conferred on a protective service
officer by this Act or any other law of the Commonwealth or of a
Territory.
Penalty: Imprisonment for 2 years.
47 Subsection 64B(1)
After “a member” (wherever occurring), insert “or a
protective service officer”.
48 At the end of subsection
64B(1)
Insert “or the protective service officer”.
49 Subsection 64B(2)
After “a member” (wherever occurring), insert “or a
protective service officer”.
50 Subsection 64B(4)
After “a member” (wherever occurring), insert “or a
protective service officer”.
51 Subsection 64B(4)
After “the member” (wherever occurring), insert “or the
protective service officer”.
52 At the end of paragraph
64B(5)(a)
Add “and”.
53 At the end of subsection
64B(5)
Add:
; and (d) a reference to a protective service officer includes a reference
to a special protective service officer.
54 Subsection 66(1)
Omit “or a special member”, substitute “, a special
member or a special protective service officer”.
55 Subsection 66(2)
Omit “or special member”, substitute “, special member or
special protective service officer”.
56 After subsection 68(4)
Insert:
AFP employees who are protective service officers
(4A) The Commissioner may, by writing signed by the Commissioner, certify
that a specified person has been declared to be a protective service officer
under section 40EA and may also certify all or any of the following in
relation to the person:
(a) that he or she entered into the undertaking mentioned in subsection
36(4A) immediately after the declaration under section 40EA;
(b) that, on a specified date, he or she made and subscribed the oath or
affirmation mentioned in the certificate before the Commissioner or a specified
person authorised by the Commissioner for the purposes of subsection
36(4A);
(c) that he or she is, on the date on which the certificate is signed, a
protective service officer and has been such a protective service officer
continuously since the declaration under section 40EA.
Special protective service officers
(4B) The Commissioner may, by writing signed by the Commissioner, certify
that a specified person has been appointed as a special protective service
officer under section 40EC and may also certify all or any of the following
in relation to the person:
(a) that he or she entered into the undertaking mentioned in subsection
36(4B) immediately after his or her appointment;
(b) that, on a specified date, he or she made and subscribed the oath or
affirmation mentioned in the certificate before the Commissioner or a specified
person authorised by the Commissioner for the purposes of subsection
36(4B);
(c) that he or she is, on the date on which the certificate is signed, a
special member and has been such a special member continuously since he or she
was so appointed.
Certification that a person is or is not a protective service officer or
special protective service officer
(4C) The Commissioner may, by writing signed by the Commissioner, certify
that a specified person:
(a) is, or is not, a protective service officer or a special protective
service officer; or
(b) was, or was not, on a specified day, or during a specified period, a
protective service officer or a special protective service officer.
57 After section 68
Insert:
(1) This section applies in relation to a person who is a transferred PSO,
instead of subsection 68(4A).
(2) The Commissioner may, by writing signed by the Commissioner, certify
that a specified person is a transferred PSO.
(3) The Commissioner may also certify either or both of the following in
relation to the person:
(a) that the person made and subscribed an oath or affirmation under
section 10 of the Australian Protective Service Act 1987;
(b) that the person is, on the date on which the certificate is signed, a
protective service officer and has been such a protective service officer
continuously since being appointed under section 9 of the Australian
Protective Service Act 1987.
(4) Unless the contrary is proved, a document purporting to be a
certificate given under this section is taken to be such a certificate and to
have been duly given.
(5) A certificate under this section is prima facie evidence of the
matters stated in the certificate.
(6) In this section:
APS transferee means a person who, immediately before the
transfer time, was an employee assisting the Commissioner of the Australian
Federal Police under subsection 5(2) of the Australian Protective Service Act
1987.
transferred PSO means an APS transferee who, immediately
before the transfer time, was a protective service officer within the meaning of
the Australian Protective Service Act 1987.
transfer time means the time specified by the Public Service
Commissioner in a determination under paragraph 72(1)(b) of the Public
Service Act 1999 as the time at which the APS transferees become employees
of the Australian Federal Police.
58 After section 69D
Insert:
(1) If services are provided by a protective service officer or a special
protective service officer at the request of a person other than:
(a) a person holding office under the Commonwealth; or
(b) a Commonwealth authority;
the Commissioner may charge for the services.
(2) A charge made under subsection (1) must be an amount reasonably
related to the cost of providing the services.
(3) In this section:
authority of the Commonwealth means:
(a) a body, whether incorporated or unincorporated, established for a
public purpose:
(i) by or under a law of the Commonwealth or a law of a Territory other
than the Australian Capital Territory or the Northern Territory; or
(ii) by the Governor-General or a Minister; or
(b) an incorporated company in which the Commonwealth or a body described
in paragraph (a) has a controlling interest; or
(c) any other agency or instrumentality of the Commonwealth.
59 Paragraph 70(a)
Omit “a member or special member” (wherever occurring),
substitute “an AFP employee, a special member or a special protective
service officer”.
60 Paragraph 70(aa)
Omit “a member or special member”, substitute “an AFP
employee, a special member or a special protective service
officer”.
1 Subsection 3(1) (definition of protective
service officer)
Omit “Australian Protective Service Act 1987”,
substitute “Australian Federal Police Act 1979”.
Australian Protective
Service Act 1987
2 The whole of the Act
Repeal the Act.
Aviation Transport Security
Act 2003
3 Paragraphs 82(b) and (c)
Omit “Australian Protective Service Act 1987”,
substitute “Australian Federal Police Act 1979”.
Complaints (Australian
Federal Police) Act 1981
4 Subsection 3(1) (definition of AFP
appointee)
Omit “or a special member”, substitute “, a special
member or a special protective service officer”.
5 Subsection 89(5) (definition of protective
service officer)
Omit “Australian Protective Service Act 1987”,
substitute “Australian Federal Police Act 1979”.
6 Subsection 3(1) (subparagraph (a)(i) of the
definition of authorised person)
Omit “Australian Protective Service Act 1987”,
substitute “Australian Federal Police Act 1979”.
7 Subsection 234ABA(4) (definition of protective
service officer)
Omit “Australian Protective Service Act 1987”,
substitute “Australian Federal Police Act 1979”.
Legislative Instruments Act
2003
8 Subsection 7(1) (item 3 of the
table)
Repeal the item.
9 Subsection 5(1) (paragraph (c) of the
definition of officer)
Omit “Australian Protective Service Act 1987”,
substitute “Australian Federal Police Act 1979”.
Parliamentary Precincts Act
1988
10 Subsection 3(1) (definition of protective
service officer)
Omit “Australian Protective Service Act 1987”,
substitute “Australian Federal Police Act 1979”.
11 Section 9
Omit “Australian Protective Service Act 1987”,
substitute “Australian Federal Police Act 1979”.
Passenger Movement Charge
Collection Act 1978
12 At the end of section 5
Add:
; or (n) is a protective service officer (as defined in the Australian
Federal Police Act 1979) on an aircraft for the purpose of enhancing the
security of the aircraft.
Public Order (Protection of
Persons and Property) Act 1971
13 Subsection 4(1) (definition of protective
service officer)
Omit “Australian Protective Service Act 1987”,
substitute “Australian Federal Police Act
1979”.
Australian Federal Police
Act 1979
1 After section 4
Insert:
State offences that have a federal aspect
(1) For the purposes of paragraph 8(1)(baa), a State offence has a
federal aspect if, and only if:
(a) both:
(i) the State offence is not an ancillary offence; and
(ii) assuming that the provision creating the State offence had been
enacted by the Parliament of the Commonwealth instead of by the Parliament of
the State—the provision would have been a valid law of the Commonwealth;
or
(b) both:
(i) the State offence is an ancillary offence that relates to a particular
primary offence; and
(ii) assuming that the provision creating the primary offence had been
enacted by the Parliament of the Commonwealth instead of by the Parliament of
the State—the provision would have been a valid law of the Commonwealth;
or
(c) assuming that the Parliament of the Commonwealth had enacted a
provision that created an offence penalising the specific acts or omissions
involved in committing the State offence—that provision would have been a
valid law of the Commonwealth; or
(d) both:
(i) the Australian Federal Police is investigating a matter relating to a
relevant criminal activity that relates to an offence against a law of the
Commonwealth or a Territory; and
(ii) if the Australian Federal Police is investigating, or were to
investigate, a matter relating to a relevant criminal activity that relates to
the State offence—that investigation is, or would be, incidental to the
investigation mentioned in subparagraph (i).
Specificity of acts or omissions
(2) For the purposes of paragraph (1)(c), the specificity of the acts
or omissions involved in committing a State offence is to be determined having
regard to the circumstances in which the offence was committed (whether or not
those circumstances are expressed to be elements of the offence).
State offences covered by paragraph (1)(c)
(3) A State offence is taken to be covered by paragraph (1)(c)
if:
(a) the State offence affects the interests of:
(i) the Commonwealth; or
(ii) an authority of the Commonwealth; or
(iii) a constitutional corporation; or
(b) the State offence was committed by a constitutional corporation;
or
(c) the State offence was committed in a Commonwealth place; or
(d) the State offence involved the use of a postal service or other like
service; or
(e) the State offence involved an electronic communication; or
(f) the State offence involved trade or commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or between 2
Territories; or
(g) the State offence involved:
(i) banking (other than State banking not extending beyond the limits of
the State concerned); or
(ii) insurance (other than State insurance not extending beyond the limits
of the State concerned); or
(h) the State offence relates to a matter outside Australia.
(4) Subsection (3) does not limit paragraph (1)(c).
Definitions
(5) In this section:
ancillary offence, in relation to an offence (the
primary offence), means:
(a) an offence of conspiring to commit the primary offence; or
(b) an offence of aiding, abetting, counselling or procuring, or being in
any way knowingly concerned in, the commission of the primary offence;
or
(c) an offence of attempting to commit the primary offence.
authority of the Commonwealth has the same meaning as in
section 3AA of the Crimes Act 1914.
Commonwealth place has the same meaning as in the
Commonwealth Places (Application of Laws) Act 1970.
constitutional corporation means a corporation to which
paragraph 51(xx) of the Constitution applies.
electronic communication means a communication of
information:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise);
or
(e) whether in any other form; or
(f) whether in any combination of forms;
by means of guided and/or unguided electromagnetic energy.
State offence means an offence against a law of a
State.
2 After paragraph 8(1)(b)
Insert:
(baa) the investigation of State offences that have a federal aspect;
and
3 At the end of subsection 8(1)
Add:
Note: For State offences that have a federal aspect, see
section 4AA.
4 Subsection 3(1) (paragraph (a) of the
definition of thing relevant to an indictable
offence)
Repeal the paragraph, substitute:
(a) either of the following:
(i) anything with respect to which an indictable offence against any law
of the Commonwealth or of a Territory has been committed or is suspected, on
reasonable grounds, to have been committed;
(ii) anything with respect to which a State offence that has a federal
aspect, and that is an indictable offence against the law of that State, has
been committed or is suspected, on reasonable grounds, to have been committed;
or
5 Subsection 3(1) (paragraph (a) of the
definition of thing relevant to a summary offence)
Repeal the paragraph, substitute:
(a) either of the following:
(i) anything with respect to which a summary offence against any law of
the Commonwealth or of a Territory has been committed or is suspected, on
reasonable grounds, to have been committed;
(ii) anything with respect to which a State offence that has a federal
aspect, and that is a summary or simple offence against the law of that State,
has been committed or is suspected, on reasonable grounds, to have been
committed; or
6 After section 3
Insert:
State offences that have a federal aspect
(1) For the purposes of this Act, a State offence has a federal
aspect if, and only if:
(a) both:
(i) the State offence is not an ancillary offence; and
(ii) assuming that the provision creating the State offence had been
enacted by the Parliament of the Commonwealth instead of by the Parliament of
the State—the provision would have been a valid law of the Commonwealth;
or
(b) both:
(i) the State offence is an ancillary offence that relates to a particular
primary offence; and
(ii) assuming that the provision creating the primary offence had been
enacted by the Parliament of the Commonwealth instead of by the Parliament of
the State—the provision would have been a valid law of the Commonwealth;
or
(c) assuming that the Parliament of the Commonwealth had enacted a
provision that created an offence penalising the specific acts or omissions
involved in committing the State offence—that provision would have been a
valid law of the Commonwealth; or
(d) both:
(i) the Australian Federal Police is investigating a matter relating to a
relevant criminal activity that relates to an offence against a law of the
Commonwealth or a Territory; and
(ii) if the Australian Federal Police is investigating, or were to
investigate, a matter relating to a relevant criminal activity that relates to
the State offence—that investigation is, or would be, incidental to the
investigation mentioned in subparagraph (i).
Specificity of acts or omissions
(2) For the purposes of paragraph (1)(c), the specificity of the acts
or omissions involved in committing a State offence is to be determined having
regard to the circumstances in which the offence was committed (whether or not
those circumstances are expressed to be elements of the offence).
State offences covered by paragraph (1)(c)
(3) A State offence is taken to be covered by paragraph (1)(c)
if:
(a) the State offence affects the interests of:
(i) the Commonwealth; or
(ii) an authority of the Commonwealth; or
(iii) a constitutional corporation; or
(b) the State offence was committed by a constitutional corporation;
or
(c) the State offence was committed in a Commonwealth place; or
(d) the State offence involved the use of a postal service or other like
service; or
(e) the State offence involved an electronic communication; or
(f) the State offence involved trade or commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or between 2
Territories; or
(g) the State offence involved:
(i) banking (other than State banking not extending beyond the limits of
the State concerned); or
(ii) insurance (other than State insurance not extending beyond the limits
of the State concerned); or
(h) the State offence relates to a matter outside Australia.
(4) Subsection (3) does not limit paragraph (1)(c).
Definitions
(5) In this section:
ancillary offence, in relation to an offence (the
primary offence), means:
(a) an offence of conspiring to commit the primary offence; or
(b) an offence of aiding, abetting, counselling or procuring, or being in
any way knowingly concerned in, the commission of the primary offence;
or
(c) an offence of attempting to commit the primary offence.
Commonwealth place has the same meaning as in the
Commonwealth Places (Application of Laws) Act 1970.
constitutional corporation means a corporation to which
paragraph 51(xx) of the Constitution applies.
electronic communication means a communication of
information:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise);
or
(e) whether in any other form; or
(f) whether in any combination of forms;
by means of guided and/or unguided electromagnetic energy.
State offence means an offence against a law of a
State.
7 Subsection 3C(1) (at the end of the definition of
offence)
Add:
; or (c) a State offence that has a federal aspect.
8 At the end of section 3D
Add:
(6) The application of this Part in relation to State offences that have a
federal aspect is not intended to limit or exclude the concurrent operation of
any law of a State.
9 Subsection 3ZQA(1) (definition of Commonwealth
offence)
Repeal the definition, substitute:
Commonwealth offence means:
(a) an offence against a law of the Commonwealth, other than an offence
that is a service offence for the purposes of the Defence Force Discipline
Act 1982; or
(b) a State offence that has a federal aspect.
10 Paragraph 15H(b)
After “serious Commonwealth offence”, insert “or a
serious State offence that has a federal aspect”.
11 At the end of
section 15HB
Add:
(2) For the purposes of this Part, serious State offence that has a
federal aspect means a State offence that has a federal aspect and that
has the characteristics of a serious Commonwealth offence.
Note: The heading to section 15HB is replaced by the
heading “What is a serious Commonwealth offence or a serious
State offence that has a federal aspect?”.
12 Subsection 23B(1) (definition of Commonwealth
offence)
Repeal the definition, substitute:
Commonwealth offence means:
(a) an offence against a law of the Commonwealth, other than an offence
that is a service offence for the purposes of the Defence Force Discipline
Act 1982; or
(b) a State offence that has a federal aspect.
13 Subsection 23WA(1) (definition of indictable
offence)
Repeal the definition, substitute:
indictable offence means:
(a) an indictable offence against a law of the Commonwealth; or
(b) a State offence that has a federal aspect and that is an indictable
offence against the law of that State.
14 Subsection 23WA(1) (definition of prescribed
offence)
After “Commonwealth”, insert “, or a State offence that
has a federal aspect,”.
15 Subsection 23WA(1) (definition of serious
offence)
After “Commonwealth”, insert “, or a State offence that
has a federal aspect,”.
16 After Division 11A of
Part 1D
Insert:
The application of this Part in relation to State offences that have a
federal aspect is not intended to limit or exclude the concurrent operation of
any law of a State.