Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 58 of 1979 as amended
This compilation was prepared on 5 January 2012
taking into account amendments up to Act No. 174 of 2011
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ........................................................................ 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Repeal ................................................................................................. 1
3A......... Overview of Act ................................................................................. 1
4............ Interpretation ....................................................................................... 3
4AA...... State offences that have a federal aspect ............................................ 10
4A......... Commissioner may specify prohibited drugs .................................... 14
5............ References in other laws ................................................................... 14
5A......... Application and extension of Act and regulations ............................. 15
5B......... Application of the Criminal Code ..................................................... 15
Part II--Constitution, functions and powers of the Australian Federal Police 16
Division 1--Constitution, functions and laws conferring powers on members etc. 16
6............ Constitution of the Australian Federal Police .................................... 16
8............ Functions .......................................................................................... 16
8A......... Minister may direct which functions are protective service functions 18
9............ Laws conferring powers on members ............................................... 18
10.......... Appointment of members to other Police Forces .............................. 20
11.......... State and Territory writs and warrants .............................................. 20
12.......... Immunities from certain State and Territory laws .............................. 20
12A....... Immunity from State and Territory laws in relation to entry etc. of police dogs on premises etc. 21
Division 3--Powers and duties of protective service officers 23
14A....... Powers of arrest ................................................................................ 23
14B....... Use of force in making arrest etc. ...................................................... 23
14C....... Arrested person to be informed of grounds of arrest ........................ 24
14D....... Search of arrested person .................................................................. 24
14E........ How arrested person to be dealt with ................................................ 26
14F........ Release of arrested person ................................................................. 26
14G....... Relationship of Division to other laws .............................................. 27
Division 4--Powers and duties of members, special members and protective service officers relating to protective service functions 28
14H....... Definitions ........................................................................................ 28
14I......... Requirement to provide name etc. ..................................................... 28
14J........ Stopping and searching ..................................................................... 29
14K....... Seizure of things found ..................................................................... 32
14L........ How seized things must be dealt with ............................................... 33
14M...... Application to magistrate ................................................................... 35
14N....... Relationship of Division to other laws .............................................. 36
Part III--Commissioner, Deputy Commissioners and AFP employees etc. 37
Division 1--Commissioner and Deputy Commissioners 37
17.......... Commissioner and Deputy Commissioners ...................................... 37
18.......... Acting Commissioner and Deputy Commissioner during vacancy ... 37
19.......... Absence etc. of Commissioner or Deputy Commissioner ................. 38
20.......... Remuneration and allowances ........................................................... 39
21.......... Leave of absence ............................................................................... 39
22.......... Termination of appointment .............................................................. 39
Division 2--AFP employees 41
Subdivision A--Engagement of AFP employees etc. 41
23.......... Employer powers etc. of Commissioner ........................................... 41
24.......... Engagement of AFP employees ........................................................ 41
25.......... Senior executive AFP employees ...................................................... 42
26.......... Continuous employment ................................................................... 42
Subdivision B--Remuneration and other terms and conditions 42
27.......... Remuneration and other conditions ................................................... 42
Subdivision C--Termination of employment 43
28.......... Termination of employment by Commissioner ................................. 43
Subdivision D--Resignation and retirement 44
30.......... Resignation ....................................................................................... 44
30A....... Resignation in anticipation of termination of employment ................. 44
31.......... Retirement upon reaching minimum retiring age ............................... 46
32.......... Retirement on invalidity grounds ...................................................... 46
33.......... Time when retirement on invalidity grounds takes effect .................. 48
34.......... Voluntary retirement for the purposes of the Superannuation Act .... 49
Division 3--Consultants and independent contractors 51
35.......... Commissioner may engage consultants or independent contractors .. 51
Division 3A--Payments in special circumstances 52
35A....... Payments in special circumstances .................................................... 52
Division 4--Undertakings and oaths or affirmations 53
36.......... Undertakings and oaths or affirmations ............................................ 53
Part IV--Commissioner's command powers etc. 55
Division 1--Administration and control etc. 55
37.......... General administration and control .................................................... 55
38.......... Commissioner's Orders .................................................................... 56
39.......... Compliance with Commissioner's Orders ........................................ 56
40.......... Compliance with specific directions, instructions or orders .............. 56
40A....... Self-incrimination .............................................................................. 57
Division 2--Conferral of status of member and conferral of commissions 58
40B....... AFP employees who are members of the Australian Federal Police . 58
40C....... Determination of competency or qualification requirements .............. 58
40D....... Commissioned police officers ........................................................... 58
Division 3--Special members 60
40E........ Special members ............................................................................... 60
Division 3A--Conferral of status of protective service officer 61
40EA..... AFP employees who are protective service officers .......................... 61
40EB..... Determination of competency or qualification requirements .............. 61
Division 3B--Special protective service officers 62
40EC..... Special protective service officers ..................................................... 62
40ED..... Powers and duties of special protective service officers .................... 62
Division 4--Secondment 63
40F........ Secondment of AFP employees to other police forces etc. ................ 63
40G....... Effect of secondment on status as AFP employee etc. ...................... 64
Division 5--Assignment and suspension of duties etc. 65
40H....... Assignment of duties etc. .................................................................. 65
40J........ Suspension from duties etc. .............................................................. 65
Division 6--Declarations of serious misconduct 67
40K....... Termination of employment for serious misconduct ......................... 67
Division 7--Submission of financial statements 68
40L........ Financial statements .......................................................................... 68
Division 8--Drug testing 69
40LA..... Authorised managers may require AFP appointees to undergo alcohol screening tests etc. 69
40M...... Prescribed persons may require AFP employees or special members to undergo alcohol screening tests, alcohol breath tests or prohibited drug tests etc. ....................................................... 70
40N....... Alcohol screening tests, alcohol breath tests and prohibited drug tests after certain incidents 70
40P........ Regulations ....................................................................................... 72
40PA..... Managers who may require alcohol screening tests .......................... 73
40Q....... Admissibility of test results etc. in legal proceedings ........................ 73
40R....... Approval of screening devices .......................................................... 74
Part V--Professional standards and AFP conduct and practices issues 75
Division 1--Preliminary 75
Subdivision A--Objects and simplified outline of Part 75
40RA.... Object of this Part ............................................................................. 75
40RB..... Simplified outline of this Part ............................................................ 75
Subdivision B--Professional standards for AFP appointees 76
40RC..... Commissioner may determine professional standards ....................... 76
Subdivision C--Unit within Australian Federal Police to undertake professional standards functions 77
40RD.... Unit to be constituted ........................................................................ 77
40RE..... Head of unit ...................................................................................... 77
40RF..... Assignment of members, and special members, to unit ..................... 78
40RG.... Member or special member in unit may be directed to perform other duties 79
Subdivision D--AFP conduct issues and AFP practices issues 79
40RH.... AFP conduct issues .......................................................................... 79
40RI...... AFP practices issues ......................................................................... 80
40RJ...... Exclusion of certain employment action ............................................ 80
Subdivision E--Categories of AFP conduct issues and managers 81
40RK..... Categories of conduct ........................................................................ 81
40RL..... Categories of AFP conduct issues .................................................... 82
40RM.... AFP Commissioner and Ombudsman to determine the kinds of conduct that are to be category 1, category 2 or category 3 conduct ........................................................................................... 82
40RN.... Category 1 conduct ........................................................................... 82
40RO.... Category 2 conduct ........................................................................... 83
40RP..... Category 3 conduct ........................................................................... 83
40RQ.... Managers for particular categories of AFP conduct issues ............... 84
Division 2--Raising AFP conduct and practices issues with the AFP for action under Division 3 85
40SA..... Giving information that raises an AFP conduct or practices issue .... 85
40SB..... Arrangements for person in custody to give information .................. 86
40SC..... Recording and dealing with information given under section 40SA . 87
40SD..... Commissioner may decide that AFP conduct issue should be dealt with under this Part 88
40SE..... Recording and dealing with information referred under section 40SD 89
Division 3--Dealing with AFP conduct or practices issues 90
Subdivision A--Preliminary 90
40TA..... Commissioner's orders about how AFP conduct or practices issues are dealt with 90
40TB..... Dealing with related AFP conduct issues that have different categories 91
40TC..... Training and development action ....................................................... 91
40TD..... Remedial action ................................................................................. 91
40TE..... Termination action ............................................................................. 92
Subdivision B--Discretion to take no further action in relation to issue 94
40TF..... Discretion to take no further action in relation to AFP conduct or practices issue 94
Subdivision C--Dealing with category 1 and category 2 conduct issues 95
40TG..... When Subdivision applies ................................................................. 95
40TH..... How issue is dealt with ..................................................................... 95
40TI...... Action that may be taken in relation to category 1 conduct ................ 96
40TJ...... Action that may be taken in relation to category 2 conduct ................ 97
40TK..... AFP practices issue identified in course of dealing with AFP conduct issue 97
Subdivision D--Dealing with category 3 conduct issues and corruption issues 97
40TL..... When Subdivision applies ................................................................. 97
40TM.... Head of unit constituted under section 40RD to notify Ombudsman of category 3 conduct issues 98
40TN..... Head of unit constituted under section 40RD generally allocates issues for investigation 98
40TO..... Commissioner must allocate issue to someone outside unit constituted under section 40RD in certain circumstances .......................................................................................................... 99
40TP..... Persons eligible to have category 3 conduct issue or corruption issue allocated to them 100
40TQ..... How category 3 conduct issue or corruption issue is dealt with ...... 100
40TR..... Recommendations that may be made in relation to category 3 conduct or corrupt conduct 100
40TS..... Investigative powers ....................................................................... 101
40TU..... Report of investigation .................................................................... 101
40TV..... Taking action on report ................................................................... 102
40TW.... AFP practices issue identified in course of dealing with AFP conduct issue 102
Subdivision E--Dealing with AFP practices issues 102
40TX..... Commissioner to ensure that appropriate action is taken in relation to AFP practices issue 102
Division 4--Ministerially directed inquiries 104
40UA.... Minister may arrange special inquiries ............................................ 104
40UB.... Minister to inform certain persons and bodies of inquiry ................ 104
40UC.... Division 3 investigation may be suspended pending outcome of inquiry 105
40UD.... Reports of special inquiries ............................................................. 105
Division 5--Investigative powers 107
40VA.... Application of Division ................................................................... 107
40VB.... Manner of conducting investigation or inquiry ............................... 107
40VC.... Obtaining information and making inquiries ................................... 108
40VD.... Relationship with other laws ........................................................... 108
40VE..... Directions to AFP appointee ........................................................... 108
40VF..... Entering and searching AFP premises ............................................ 111
40VG.... Special powers if investigator conducting inquiry under Division 4 112
40VH.... Offences .......................................................................................... 114
Division 6--Record keeping 115
40WA... Record keeping ............................................................................... 115
40WB.... Records about corruption issues ..................................................... 115
Division 7--Ombudsman review 117
40XA.... Annual reviews by Ombudsman ..................................................... 117
40XB.... Ad hoc reviews by Ombudsman ..................................................... 117
40XC.... Commissioner to provide information and access to documents ..... 117
40XD.... Annual reports by Ombudsman ...................................................... 117
Division 8--Offences 119
40YA.... Victimisation ................................................................................... 119
40YB.... Providing false information about AFP conduct or practices issues 119
40YC.... AFP appointees to provide name, etc. ............................................. 119
Division 9--Secrecy 121
40ZA..... Secrecy ............................................................................................ 121
Part VA--Loss of certain superannuation rights and benefits 123
Division 1--Introductory 123
41.......... Definitions ...................................................................................... 123
41A....... Old law members or staff members ................................................ 127
42.......... Related offences .............................................................................. 127
42A....... Abscond .......................................................................................... 127
42B....... Charge with offence ........................................................................ 128
42C....... Conviction and quashing of conviction ........................................... 128
42D....... Property of a person ........................................................................ 129
42E........ Dealing with property ..................................................................... 130
42F........ Effective control of property ........................................................... 130
42G....... Sufficient consideration ................................................................... 131
42H....... Application of Part to convictions and offences .............................. 131
42J........ Crown bound .................................................................................. 131
Division 2--Loss of superannuation: corruption offences 132
43.......... Notice of charge etc. ........................................................................ 132
44.......... Authority to apply for superannuation order ................................... 132
45.......... Application for superannuation order .............................................. 133
45A....... Application for superannuation order: evidence .............................. 133
46.......... Superannuation orders .................................................................... 134
46A....... When does a superannuation order take effect? ............................... 137
47.......... Effect of superannuation order ........................................................ 137
47A....... Superannuation orders: variation ..................................................... 139
47B....... Superannuation orders: revocation .................................................. 139
Division 3A--Restraining orders 141
49A....... Application for restraining order ..................................................... 141
49B....... Making of restraining orders ........................................................... 141
49C....... Restraining order may be subject to conditions ............................... 142
49D....... Affidavit of police officer needed in certain cases ........................... 143
49E........ Notice of application for restraining order ....................................... 144
49EA..... Extension of certain restraining orders ............................................ 144
49F........ Persons who may appear and adduce evidence ............................... 144
49G....... Witnesses not required to answer questions etc. in certain cases ..... 145
49H....... Notice of restraining orders ............................................................. 145
49J........ Ancillary orders .............................................................................. 145
49K....... Charge on property subject to restraining order .............................. 147
49L........ Registration of restraining orders .................................................... 148
49M...... Contravention of restraining orders ................................................. 149
49N....... Restraining orders: revocation ......................................................... 149
49P........ When do restraining orders cease to have effect? ............................ 150
49Q....... Extension of period of effect of restraining orders .......................... 151
49R....... Notice of applications ...................................................................... 151
Division 4--Miscellaneous 152
51.......... Person ceases to be an AFP employee: persons charged with corruption offences 152
53A....... Court may lift corporate veil etc. ..................................................... 153
54.......... Amounts payable under section 46, 47, 47B or 51 ......................... 154
54A....... Multiple payments in respect of same employee contributions not allowed 155
55.......... Possible superannuation order not to be taken into account in sentencing 155
56.......... Constitution of appropriate courts ................................................... 155
Part VI--Miscellaneous 157
60A....... Secrecy ............................................................................................ 157
61.......... Awards for bravery etc. .................................................................. 158
63.......... Personation etc. of member or special member ............................... 159
63A....... Personation etc. of protective service officer or special protective service officer 159
63B....... Possession of documents etc. .......................................................... 160
64.......... Assault etc. ...................................................................................... 160
64A....... Members in uniform to wear identification numbers ....................... 160
64AAA. Protective service officers in uniform to wear identification numbers 161
64AA.... Suspended AFP employees who are members ............................... 161
64AAB. Suspended AFP employees who are protective service officers ..... 162
64B....... Liability for wrongful acts of members ........................................... 162
66.......... Protection of persons in respect of work reports ............................. 163
67.......... Annual reports ................................................................................ 164
68.......... Proof of appointment, status of member etc. ................................... 165
68A....... Certificates in relation to transferred PSOs ..................................... 167
69.......... Prohibition of patronage and favouritism ........................................ 168
69A....... Persons engaged overseas as employees ......................................... 169
69B....... Limited operation of Fair Work Act ................................................ 169
69C....... Delegation ....................................................................................... 169
69D....... Secondment of persons to assist the Australian Federal Police ....... 170
69E........ Commissioner may charge for certain protective services ............... 170
70.......... Regulations ..................................................................................... 171
Part VII--Transitional 173
71.......... Interpretation of Part VII ................................................................. 173
75.......... Recognition of previous service for certain purposes ...................... 173
77.......... Accrued leave .................................................................................. 173
80.......... Powers and duties in relation to Commonwealth places .................. 174
Notes 175
Notes to
the
Australian Federal Police Act 1979 Note 1 The Australian Federal Police Act 1979 as shown in this
compilation comprises Act No. 58, 1979 amended as indicated in the Tables
below. The Australian Federal Police Act 1979 was amended by
the Workplace Relations Amendment (Work Choices) (Consequential Amendments)
Regulations 2006 (No. 1) (SLI 2006 No. 50 as amended by SLI 2006
No. 119). The amendments are incorporated in this compilation. All relevant information pertaining to application, saving or
transitional provisions prior to 7 March 2000 is not included in this
compilation. For subsequent information see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
58, 1979 |
15 June 1979 |
Ss. 1, 2, 4, 6, Div. 1 of Part IV (ss. |
|
|
|
Australian Federal Police (Consequential Amendments) Act 1979 |
155, 1979 |
28 Nov 1979 |
19 Oct 1979 (see s. 2(1) and Gazette 1979, No. S206) |
-- |
|
69, 1980 |
28 May 1980 |
28 May 1980 |
-- |
|
|
22, 1981 |
9 Apr 1981 |
1 May 1982 (see s. 2 and Gazette 1982, No. S79) |
||
|
80, 1982 |
22 Sept 1982 |
-- |
||
|
39, 1983 |
20 June 1983 |
(b) |
-- |
|
|
as amended by |
|
|
|
|
|
117, 1984 |
18 Oct 1984 |
(see 117, 1984 below) |
-- |
|
|
91, 1983 |
22 Nov 1983 |
(c) |
-- |
|
|
as amended by |
|
|
|
|
|
117, 1984 |
18 Oct 1984 |
(see 117, 1984 below) |
-- |
|
|
121, 1985 |
28 Oct 1985 |
28 Oct 1985 |
||
|
117, 1984 |
18 Oct 1984 |
Ss. 1, 2 and 9: Royal Assent |
S. 19(1)-(9) and (12) |
|
|
121, 1985 |
28 Oct 1985 |
28 Oct 1985 |
||
|
35, 1986 |
24 June 1986 |
S. 3: 1 Dec 1986 (see Gazette 1986, No. S577) |
Ss. 6(2), (3), 7(2) and (3) |
|
|
38, 1988 |
3 June 1988 |
S. 3: Royal Assent (d) |
||
|
87, 1988 |
8 Nov 1988 |
Ss. 1 and 2: Royal Assent |
||
|
A.C.T. Self-Government (Consequential Provisions) Act 1988 |
109, 1988 |
6 Dec 1989 |
S. 32 (in part): 7 Dec 1988 (see Gazette 1988, No. S374) (e) |
|
|
120, 1988 |
14 Dec 1988 |
Ss. 17-19: Royal Assent (f) |
||
|
71, 1989 |
21 June 1989 |
Ss. 1 and 2: Royal Assent |
-- |
|
|
147, 1989 |
27 Nov 1989 |
Ss. 1-20 and 22: 4 Dec 1989 (see s. 2(1)
and Gazette 1989, No. S373) |
-- |
|
|
Australian Federal Police Legislation Amendment Act (No. 2)1989 |
153, 1989 |
17 Dec 1989 |
Ss. 1, 2, 61 and 62: Royal Assent |
Ss. 4 and |
|
as amended by |
|
|
|
|
|
28, 1991 |
4 Mar 1991 |
S. 74(1): Royal Assent (g) |
-- |
|
|
11, 1990 |
17 Jan 1990 |
|||
|
28, 1991 |
4 Mar 1991 |
-- |
||
|
122, 1991 |
27 June 1991 |
Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 |
||
|
as amended by |
|
|
|
|
|
43, 1996 |
25 Oct 1996 |
Schedule 3 (item 31): 27 June 1991 (j) |
-- |
|
|
123, 1991 |
23 Aug 1991 |
Ss. 1-4: Royal Assent |
||
|
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 1992 |
94, 1992 |
30 June 1992 |
||
|
164, 1992 |
11 Dec 1992 |
Part 1 (ss. 1, 2) and Parts 3-11 (ss. 18-53):
8 Jan 1993 |
-- |
|
|
196, 1992 |
21 Dec 1992 |
Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. GN17) (k) |
||
|
as amended by |
|
|
|
|
|
60, 1993 |
3 Nov 1993 |
10 Mar 1993 |
-- |
|
|
168, 1994 |
16 Dec 1994 |
Schedule (item 17): Royal Assent (l) |
-- |
|
|
124, 1994 |
18 Oct 1994 |
18 Apr 1995 |
S. 29 |
|
|
182, 1994 |
19 Dec 1994 |
S. 31: 16 Jan 1995 (m) |
-- |
|
|
27, 1996 |
8 July 1996 |
5 Aug 1996 |
-- |
|
|
43, 1996 |
25 Oct 1996 |
Schedule 5 (items 22-25): Royal Assent (n) |
-- |
|
|
Workplace Relations and Other Legislation Amendment Act 1996 |
60, 1996 |
25 Nov 1996 |
Schedule 19 (items 5, 6): Royal Assent (o) |
-- |
|
20, 1997 |
7 Apr 1997 |
Schedule 1 (items 1-8): Royal Assent (p) |
-- |
|
|
Telecommunications (Interception) and Listening Device Amendment Act 1997 |
160, 1997 |
11 Nov 1997 |
Schedule 2: 1 Feb 1998 (see Gazette 1998, No. GN3) (q) |
S. 3 (rep. by 151, 1999, Sch. 2) |
|
as amended by |
|
|
|
|
|
151, 1999 |
11 Nov 1999 |
11 Nov 1999 |
-- |
|
|
48, 1998 |
29 June 1998 |
Schedule 1 (items 7-9): Royal Assent (r) |
S. 2(3) (rep. by 44, 1999, Sch. 6 [item 15]) |
|
|
as amended by |
|
|
|
|
|
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 |
44, 1999 |
17 June 1999 |
Schedule 6 (item 16): Royal Assent (s) |
-- |
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 170, 171): 5 Dec 1999 (see Gazette 1999, No. S584) (t) |
-- |
|
9, 2000 |
7 Mar 2000 |
2 July 2000 (see Gazette 2000, No. S328) |
Sch. 3 (items |
|
|
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 |
137, 2000 |
24 Nov 2000 |
Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11,
32): Royal Assent |
Sch. 2 (items 418, 419) [see Table A] |
|
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 |
24, 2001 |
6 Apr 2001 |
S. 4(1), (2) and Schedule 2: (u) |
S. 4(1) and (2) [see Table A] |
|
136, 2001 |
1 Oct 2001 |
Schedule 5 (items 1-7): 29 Oct 2001 (v) |
-- |
|
|
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 |
86, 2002 |
11 Oct 2002 |
Ss. 1-3: Royal Assent |
-- |
|
41, 2003 |
3 June 2003 |
Schedule 2 |
-- |
|
|
Australian Federal Police and Other Legislation Amendment Act 2004 |
64, 2004 |
22 June 2004 |
S. 4: Royal Assent |
S. 4 [see Table A] |
|
152, 2004 |
15 Dec 2004 |
15 Dec 2004 |
Sch. 1 (items 2, 3) [see Table A] |
|
|
8, 2005 |
22 Feb 2005 |
S. 4 and Schedule 1 (items 89, 90, 496): Royal Assent |
S. 4 and Sch. 1 (item 496) [see Table A] |
|
|
Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 |
129, 2005 |
8 Nov 2005 |
Schedule 4: Royal Assent |
-- |
|
9, 2006 |
23 Mar 2006 |
Schedule 1 (items 2, 3): Royal Assent |
-- |
|
|
Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 |
84, 2006 |
30 June 2006 |
Schedule 1, Schedule 3 (items 3, 6-24), Schedule 4 and Schedule 5: 30 Dec 2006 (see s. 2(1)) |
Sch. 1 (item 30) and Sch. 5 (item 8) [see Table A] |
|
Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006 |
86, 2006 |
30 June 2006 |
Schedule 1 (items 4, 5): 30 Dec 2006 (see s. 2(1)) |
-- |
|
Law and Justice Legislation Amendment (Marking of Plastic Explosives) Act 2007 |
3, 2007 |
19 Feb 2007 |
Schedules 1-3: 25 Aug 2007 |
-- |
|
50, 2007 |
10 Apr 2007 |
Schedule 1 (item 1): 11 Apr 2007 |
-- |
|
|
128, 2007 |
17 Aug 2007 |
Schedule 2 (items 34, 35): 18 Aug 2007 |
Sch. 2 (item 35) [see Table A] |
|
|
Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 |
8, 2008 |
20 Mar 2008 |
Schedules 1-7: 28 Mar 2008 (see
F2008L00959) |
-- |
|
26, 2008 |
23 June 2008 |
Schedule 1 (items 23-28): Royal Assent |
-- |
|
|
Crimes Legislation Amendment (Miscellaneous Matters) Act 2008 |
70, 2008 |
1 July 2008 |
Schedule 1 (item 1): (y) |
-- |
|
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 |
144, 2008 |
9 Dec 2008 |
Schedule 2 (items 9, 10): 10 Dec 2008 |
Sch. 2 (item 10) [see Table A] |
|
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 |
54, 2009 |
25 June 2009 |
Schedule 5 (items 8-16): (z) |
-- |
|
National Security Legislation Amendment Act 2010 |
127, 2010 |
24 Nov 2010 |
Schedule 10 (items 8, 9): 25 Nov 2010 |
-- |
|
Aviation Crimes and Policing Legislation Amendment Act 2011 |
1, 2011 |
2 Mar 2011 |
Schedule 2 (item 1): 30 Mar 2011 |
-- |
|
Crimes Legislation Amendment Act 2011 |
2, 2011 |
2 Mar 2011 |
Schedule 4: Royal Assent |
Sch. 4 (item 12) [see Table A] |
|
Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 |
3, 2011 |
2 Mar 2011 |
Schedule 2 (item 21), Schedule 5 and Schedule 7 (item 1): 3 Mar 2011 |
Sch. 5 (item 21) [see Table A] |
|
Statute Law Revision Act 2011 |
5, 2011 |
22 Mar 2011 |
Schedule 5 (items 22, 23) and Schedule 7 (item 18): 19 Apr 2011 |
-- |
|
Defence Legislation Amendment (Security of Defence Premises) Act 2011 |
19, 2011 |
12 Apr 2011 |
Schedule 1 (item 4): 12 Oct 2011 |
-- |
|
Acts Interpretation Amendment Act 2011 |
46, 2011 |
27 June 2011 |
Schedule 2 (items 151-153) and Schedule 3 (items 10, 11): 27 Dec 2011 |
Sch. 3 (items 10, 11) [see Table A] |
|
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 |
58, 2011 |
28 June 2011 |
Schedule 1 (items 15-17): (za) |
-- |
|
Crimes Legislation Amendment Act (No. 2) 2011 |
174, 2011 |
5 Dec 2011 |
Schedule 2 (items 1, 2): 1 Jan 2012 |
Sch. 2 (item 2) [see Table A] |
(a) The Australian Federal Police Act 1979 was amended by Part XI (sections 25-30) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(16) of which provides as follows:
(16) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.
(b) The proposed amendments of the Australian Federal Police Act 1979 made by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 (as amended by the Australian Federal Police Amendment Act 1984) were repealed before a date was fixed for their commencement.
(c) The proposed amendments of the Australian Federal Police Act 1979 made by the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983 (as amended by the Australian Federal Police Amendment Act 1984 and the Australian Federal Police Amendment Act 1985) were repealed before a date was fixed for their commencement.
(d) The Australian Federal Police Act 1979 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(e) The Australian Federal Police Act 1979 was amended by section 32 only of the A.C.T. Self-Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.
(f) The Australian Federal Police Act 1979 was amended by sections 17-20 only of the Law and Justice Legislation Amendment Act 1988, subsections 2(1) and (9) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(9) Sections 20, 47, 51, 52, 53, 57, 62 and 65 commence on a day or days to be fixed by Proclamation.
(g) The Australian Federal Police Legislation Amendment Act (No. 2) 1989 was amended by subsection 74(1) only of the Crimes Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(h) The Australian Federal Police Act 1979 was amended by Part 2 (sections 3-5) only of the Law and Justice Legislation Amendment Act 1989, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent.
(i) The Australian Federal Police Act 1979 was amended by Part 2 (sections 3-19) only of the Crimes Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(j) The Industrial Relations Legislation Amendment Act 1991 was amended by Schedule 3 (item 31) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:
(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.
(k) The Australian Federal Police Act 1979 was amended by the Schedule (Parts 1 and 5) only of the Qantas Sale Act 1992, subsections 2(2), (3)(a) and (c) of which provide as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(a) in the case of sections 30, 31, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule--the day is not earlier than the substantial minority sale day; and
(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule--the day is not earlier than the 100% sale day.
(l) The Qantas Sale Act 1992 was amended by the Schedule (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(m) The Australian Federal Police Act 1979 was amended by section 31 only of the Crimes and Other Legislation Amendment Act 1994, subsection 2(4) of which provides as follows:
(4) The amendments made by this Act to the Australian Federal Police Act 1979, the Crimes (Aviation) Act 1991 (other than the amendment made to Schedule 5 to that Act), the Crimes (Hostages) Act 1989, the Crimes (Internationally Protected Persons) Act 1976, the Crimes (Overseas) Act 1964, the Crimes (Superannuation Benefits) Act 1989, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, the Customs Act 1901, the Director of Public Prosecutions Act 1983, the Extradition Act 1988, the Financial Transaction Reports Act 1988 and to sections 23 and 59 of the Proceeds of Crime Act 1987 commence on the 28th day after the day on which this Act receives the Royal Assent.
(n) The Australian Federal Police Act 1979 was amended by Schedule 5 (items 22-25) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(o) The Australian Federal Police Act 1979 was amended by Schedule 19 (items 5 and 6) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(p) The Australian Federal Police Act 1979 was amended by the Crimes and Other Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(q) The Australian Federal Police Act 1979 was amended by Schedule 2 only of the Telecommunications (Interception) and Listening Device Amendment Act 1997, subsections 2(2)(b) and (3) of which provide as follows:
(2) The following provisions commence on a day or days to be fixed by Proclamation:
(b) Schedule 2;
(3) If an item of a Schedule to this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(r) The Australian Federal Police Act 1979 was amended by Schedule 1 (items 7-9) only of the Financial Sector Reform (Consequential Amendments) Act 1998, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(s) The Financial Sector Reform (Consequential Amendments) Act 1998 was amended by Schedule 6 (items 15 and 16) only of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(t) The Australian Federal Police Act 1979 was amended by Schedule 1 (items 170 and 171) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(u) The Australian Federal Police Act 1979 was amended by Schedule 2 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the
commencement of item 15 of Schedule 1 to the Criminal Code
Amendment (Theft, Fraud, Bribery and Related Offences)
Act 2000;
Item 15 commenced on 24 May 2001.
(v) The Australian Federal Police Act 1979 was amended by Schedule 5 (items 1-7) only of the Measures to Combat Serious and Organised Crime Act 2001, subsection 2(5) of which provides as follows:
(5) The remainder of this Act commences on the 28th day after the day on which it receives the Royal Assent.
(w) Subsection 2(1) (item 5) of the Crimes Legislation Enhancement Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
5. Schedule 2, item 1 |
Immediately after the commencement of the Witness Protection Act 1994 |
18 April 1995 |
(x) Subsection 2(1) (item 3) of the Australian Federal Police and Other Legislation Amendment Act 2004 provides as follows:
(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.
|
Provision(s) |
Commencement |
Date/Details |
|
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. |
1 July 2004 (s. 2(1); Gazette 2004, GN26) |
|
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. |
1 July 2004 (paragraph (a) applies) |
(y) Subsection 2(1) (item 2) of the Crimes Legislation Amendment (Miscellaneous Matters) Act 2008 provides as follows:
(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.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1, item 1 |
Immediately after the commencement of item 4 of Schedule 1 to the Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006. |
30 December 2006 |
(z) Subsection 2(1) (item 11) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:
(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.
|
Provision(s) |
Commencement |
Date/Details |
|
11. Schedule 5, items 1 to 30 |
Immediately after the commencement of Part 2-4 of the Fair Work Act 2009. |
1 July 2009 |
(za) Subsection 2(1) (item 2) of the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 provides as follows:
(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.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedules 1 and 2 |
Immediately after the commencement of section 2 of the Governance of Australian Government Superannuation Schemes Act 2011. |
1 July 2011 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part I |
|
|
ad. No. 9, 2000 |
|
|
|
am. No. 64, 2004; No. 84, 2006 |
|
am. No. 155, 1979; No. 117, 1984; Nos. 71 and 153, 1989; Nos. 94 and 196, 1992; No. 9, 2000; No. 64, 2004; No. 129, 2005; SLI 2006 No. 50; No. 84, 2006; Nos. 3 and 50, 2007; No. 54, 2009; Nos. 3, 5, 19 and 58, 2011 |
|
|
ad. No. 64, 2004 |
|
|
|
am. No. 3, 2011 |
|
ad. No. 9, 2000 |
|
|
am. No. 155, 1979; No. 9, 2000 |
|
|
ad. No. 147, 1989 |
|
|
ad. No. 24, 2001 |
|
|
Part II |
|
|
Heading to Part II.............. |
rs. No. 9, 2000 |
|
Division 1 |
|
|
Heading to Div. 1 of Part II........................................ |
ad. No. 11, 1990 |
|
|
rs. No. 9, 2000; No. 64, 2004 |
|
am. No. 117, 1984; No. 153, 1989 |
|
|
|
rs. No. 9, 2000 |
|
|
am. No. 64, 2004 |
|
S. 7...................................... |
rep. No. 117, 1984 |
|
am. No. 109, 1988; Nos. 71 and 153, 1989; Nos. 28 and 123, 1991; No. 124, 1994; No. 86, 2002; No. 41, 2003; No. 64, 2004; No. 129, 2005 |
|
|
Note to s. 8(1).................... |
ad. No. 64, 2004 |
|
ad. No. 64, 2004 |
|
|
Heading to s. 9.................. |
rs. No. 9, 2000 |
|
am. No. 117, 1984; No. 35, 1986; No. 120, 1988; No. 153, 1989; No. 28, 1991; No. 9, 2000; No. 64, 2004; No. 128, 2007 |
|
|
S. 10.................................... |
rep. No. 117, 1984 |
|
|
ad. No. 1, 2011 |
|
am. No. 153, 1989; No. 43, 1996; No. 9, 2000 |
|
|
ad. No. 35, 1986 |
|
|
|
am. No. 64, 2004 |
|
Div. 2 of Part II................... |
ad. No. 11, 1990 |
|
|
rep. No. 152, 2004 |
|
S. 12B................................. |
ad. No. 11, 1990 |
|
|
am. No. 160, 1997; No. 137, 2000 |
|
|
rep. No. 152, 2004 |
|
Ss. 12C, 12D...................... |
ad. No. 11, 1990 |
|
|
rep. No. 152, 2004 |
|
S. 12DA .............................. |
ad. No. 160, 1997 |
|
|
rep. No. 152, 2004 |
|
S. 12E................................. |
ad. No. 11, 1990 |
|
|
am. No. 9, 2000 |
|
|
rep. No. 152, 2004 |
|
S. 12F................................. |
ad. No. 11, 1990 |
|
|
rep. No. 152, 2004 |
|
Subheads. to s. 12G(1)..... |
ad. No. 136,
2001 |
|
Ss. 12G, 12H...................... |
ad. No. 11, 1990 |
|
|
am. No. 160, 1997; No. 136, 2001 |
|
|
rep. No. 152, 2004 |
|
Ss. 12J, 12K....................... |
ad. No. 11, 1990 |
|
|
rep. No. 152, 2004 |
|
S. 12L.................................. |
ad. No. 11, 1990 |
|
|
am. No. 164, 1992 |
|
|
rep. No. 152, 2004 |
|
Division 3 |
|
|
Div. 3 of Part II................... |
ad. No. 64, 2004 |
|
ad. No. 64, 2004 |
|
|
Division 4 |
|
|
Div. 4 of Part II................... |
ad. No. 64, 2004 |
|
ad. No. 64, 2004 |
|
|
Part III |
|
|
Heading to Part III............. |
ad. No. 9, 2000 |
|
Part III ................................ |
rep. No. 9, 2000 |
|
S. 13.................................... |
am. No. 43, 1996 |
|
|
rep. No. 9, 2000 |
|
S. 14.................................... |
am. No. 117, 1984; No. 43, 1996 |
|
|
rep. No. 9, 2000 |
|
S. 15.................................... |
am. No. 117, 1984; No. 121, 1985; Nos. 71 and 153, 1989 |
|
|
rs. No. 153, 1989 |
|
|
rep. No. 9, 2000 |
|
S. 16.................................... |
am. No. 121, 1985 |
|
|
rep. No. 153, 1989 |
|
S. 16A................................. |
ad. No. 121, 1985 |
|
|
rep. No. 9, 2000 |
|
Division 1 |
|
|
Heading to s. 17................ |
am. No. 9, 2000 |
|
am. Nos. 71 and 153, 1989; No. 28, 1991; No. 43, 1996; No. 9, 2000; No. 84, 2006 |
|
|
am. Nos. 27 and 43, 1996; No. 9, 2000; No. 46, 2011 |
|
|
Note to s. 18(1).................. |
ad. No. 46, 2011 |
|
am. No. 80, 1982; No. 121, 1985; No. 28, 1991; Nos. 27 and 43, 1996; No. 9, 2000 |
|
|
am. No. 153, 1989; No. 28, 1991; No. 43, 1996; No. 9, 2000 |
|
|
Note to s. 20(2A)................ |
ad. No. 2, 2011 |
|
am. Nos. 28 and 122, 1991; No. 146, 1999 |
|
|
am. No. 28, 1991; No. 122, 1991 (as am. by No. 43, 1996); No. 43, 1996 |
|
|
Division 2 |
|
|
Div. 2 of Part III.................. |
ad. No. 9, 2000 |
|
Subdivision A |
|
|
am. No. 153, 1989 |
|
|
|
rs. No. 9, 2000 |
|
am. No. 121, 1985 |
|
|
|
rs. No. 120, 1988; No. 153, 1989; No. 9, 2000 |
|
rs. No. 117, 1984 |
|
|
|
am. No. 121, 1985; No. 71, 1989; Nos. 27 and 43, 1996 |
|
|
rs. No. 9, 2000 |
|
S. 25A................................. |
ad. No. 71, 1989 |
|
|
rs. No. 153, 1989 |
|
|
rep. No. 9, 2000 |
|
Ss. 25B, 25C....................... |
ad. No. 71, 1989 |
|
|
rep. No. 153, 1989 |
|
rs. No. 117, 1984 |
|
|
|
am. No. 121, 1985; No. 71, 1989; No. 43, 1996 |
|
|
rs. No. 9, 2000 |
|
S. 26A................................. |
ad. No. 69, 1980 |
|
|
am. No. 80, 1982; No. 117, 1984; No. 87, 1988; No. 43, 1996 |
|
|
rep. No. 9, 2000 |
|
S. 26B................................. |
ad. No. 153, 1989 |
|
|
rep. No. 9, 2000 |
|
S. 26BA............................... |
ad. No. 28, 1991 |
|
|
rep. No. 9, 2000 |
|
S. 26C................................. |
ad. No. 153, 1989 |
|
|
rep. No. 9, 2000 |
|
S. 26D................................. |
ad. No. 153, 1989 |
|
|
am. No. 28, 1991 |
|
|
rep. No. 9, 2000 |
|
S. 26E................................. |
ad. No. 153, 1989 |
|
|
am. No. 123, 1991; No. 27, 1996 |
|
|
rep. No. 9, 2000 |
|
S. 26F................................. |
ad. No. 27, 1996 |
|
|
am. No. 60, 1996 |
|
|
rep. No. 9, 2000 |
|
Subdivision B |
|
|
am. No. 117, 1984; No. 43, 1996 |
|
|
|
rs. No. 9, 2000; SLI 2006 No. 50 |
|
|
am. No. 8, 2008; No. 54, 2009 |
|
Note to s. 27(1).................. |
ad. No. 2, 2011 |
|
Note to s. 27(4).................. |
am. No. 54, 2009 |
|
Subdivision C |
|
|
rs. No. 80, 1982 |
|
|
|
am. No. 117, 1984; No. 153, 1989; No. 28, 1991; No. 43, 1996 |
|
|
rs. No. 9, 2000 |
|
Note to s. 28....................... |
am. No. 54, 2009 |
|
S. 29.................................... |
am. No. 121, 1985; No. 35, 1986; No. 87, 1988; Nos. 71 and 153, 1989 |
|
|
rep. No. 9, 2000 |
|
Subdivision D |
|
|
am. No. 87, 1988 |
|
|
|
rs. No. 153, 1989; No. 9, 2000 |
|
|
am. No. 84, 2006 |
|
ad. No. 84, 2006 |
|
|
rep. No. 87, 1988 |
|
|
|
ad. No. 153, 1989 |
|
|
am. No. 146, 1999 |
|
|
rs. No. 9, 2000 |
|
am. No. 80, 1982 |
|
|
|
rep. No. 87, 1988 |
|
|
ad. No. 153, 1989 |
|
|
rs. No. 9, 2000 |
|
|
am. No. 26, 2008; No. 58, 2011 |
|
S. 32A................................. |
ad. No. 153, 1989 |
|
|
rep. No. 9, 2000 |
|
am. No. 35, 1986; No. 153, 1989 |
|
|
|
rs. No. 9, 2000 |
|
am. No. 35, 1986; No. 87, 1988; No. 153, 1989; No. 28, 1991; Nos. 27, 43 and 60, 1996 |
|
|
|
rs. No. 9, 2000 |
|
S. 34A................................. |
ad. No. 153, 1989 |
|
|
am. No. 164, 1992 |
|
|
rep. No. 9, 2000 |
|
Division 3 |
|
|
Div. 3 of Part III.................. |
ad. No. 9, 2000 |
|
am. No. 121, 1985; No. 35, 1986; No. 153, 1989; No. 43, 1996 |
|
|
|
rs. No. 9, 2000 |
|
|
am. No. 84, 2006 |
|
Note to s. 35(2).................. |
ad. No. 2, 2011 |
|
Division 3A |
|
|
Div. 3A of Part III................ |
ad. No. 2, 2011 |
|
S. 35A................................. |
ad. No. 28, 1991 |
|
|
rep. No. 9, 2000 |
|
|
ad. No. 2, 2011 |
|
Division 4 |
|
|
Div. 4 of Part III.................. |
ad. No. 9, 2000 |
|
rs. No. 117, 1984 |
|
|
|
am. No. 153, 1989; No. 28, 1991 |
|
|
rs. No. 9, 2000 |
|
|
am. No. 64, 2004 |
|
S. 36A................................. |
ad. No. 120, 1988 |
|
|
rep. No. 9, 2000 |
|
S. 36B................................. |
ad. No. 120, 1988 |
|
|
am. No. 153, 1989; No. 28, 1991 |
|
|
rep. No. 9, 2000 |
|
S. 36C................................. |
ad. No. 28, 1991 |
|
|
rep. No. 9, 2000 |
|
Part IV |
|
|
Heading to Part IV............. |
am. No. 153, 1989 |
|
|
rs. No. 9, 2000 |
|
Part IV................................. |
ad. No. 9, 2000 |
|
Division 1 |
|
|
am. No. 121, 1985; No. 153, 1989; No. 43, 1996 |
|
|
|
rs. No. 9, 2000 |
|
|
am. No. 5, 2011 |
|
rs. No. 121, 1985; No. 71, 1989 |
|
|
|
am. No. 153, 1989 |
|
|
rs. No. 9, 2000 |
|
S. 38A................................. |
ad. No. 121, 1985 |
|
|
rs. No. 71, 1989 |
|
|
rep. No. 153, 1989 |
|
S. 38B................................. |
ad. No. 121, 1985 |
|
|
rs. Nos. 71 and 153, 1989 |
|
|
am. No. 94, 1992 |
|
|
rep. No. 9, 2000 |
|
S. 38C................................. |
ad. No. 121, 1985 |
|
|
rs. Nos. 71 and 153, 1989 |
|
|
rep. No. 9, 2000 |
|
Ss. 38D, 38E....................... |
ad. No. 121, 1985 |
|
|
rs. No. 71, 1989 |
|
|
am. No. 153, 1989 |
|
|
rep. No. 9, 2000 |
|
S. 38F................................. |
ad. No. 121, 1985 |
|
|
am. No. 35, 1986 |
|
|
rs. No. 71, 1989 |
|
|
am. No. 153, 1989 |
|
|
rep. No. 9, 2000 |
|
S. 38G................................. |
ad. No. 121, 1985 |
|
|
am. No. 35, 1986 |
|
|
rs. No. 71, 1989 |
|
|
rep. No. 153, 1989 |
|
S. 38H................................. |
ad. No. 121, 1985 |
|
|
rep. No. 71, 1989 |
|
am. No. 117, 1984 |
|
|
|
rs. No. 121, 1985; No. 153, 1989; No. 9, 2000 |
|
|
am. No. 64, 2004 |
|
|
rs. No. 84, 2006 |
|
S. 39A................................. |
ad. No. 121, 1985 |
|
|
am. No. 35, 1986 |
|
|
rep. No. 71, 1989 |
|
|
ad. No. 153, 1989 |
|
|
rep. No. 9, 2000 |
|
Ss. 39B, 39C....................... |
ad. No. 153, 1989 |
|
|
rep. No. 9, 2000 |
|
Heading to s. 39D............. |
am. No. 60, 1996 |
|
|
rep. No. 9, 2000 |
|
S. 39D................................. |
ad. No. 153, 1989 |
|
|
am. No. 60, 1996 |
|
|
rep. No. 9, 2000 |
|
S. 39E................................. |
ad. No. 153, 1989 |
|
|
rs. No. 94, 1992 |
|
|
rep. No. 9, 2000 |
|
am. No. 22, 1981; No. 117, 1984; No. 121, 1985; No. 35, 1986; Nos. 87 and 109, 1988; Nos. 71 and 153, 1989; No. 28, 1991; No. 43, 1996 |
|
|
|
rs. No. 9, 2000 |
|
|
am. No. 64, 2004 |
|
|
rs. No. 84, 2006 |
|
ad. No. 9, 2000 |
|
|
|
am. No. 64, 2004; No. 84, 2006 |
|
Division 2 |
|
|
Heading to Div. 2 of Part IV............................. |
rs. No. 117, 1984; No. 153, 1989; No. 9, 2000 |
|
Div. 2 of Part IV.................. |
rs. No. 9, 2000 |
|
ad. No. 9, 2000 |
|
|
|
am. No. 64, 2004 |
|
Notes 1, 2 to s. 40B........... |
ad. No. 64, 2004 |
|
ad. No. 9, 2000 |
|
|
Division 3 |
|
|
Div. 3 of Part IV.................. |
rs. No. 9, 2000 |
|
ad. No. 9, 2000 |
|
|
Note to s. 40E(1)................ |
ad. No. 2, 2011 |
|
Division 3A |
|
|
Div. 3A of Part IV................ |
ad. No. 64, 2004 |
|
ad. No. 64, 2004 |
|
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Division 3B |
|
|
Div. 3B of Part IV................ |
ad. No. 64, 2004 |
|
ad. No. 64, 2004 |
|
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Note to s. 40EC.................. |
ad. No. 2, 2011 |
|
ad. No. 64, 2004 |
|
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Division 4 |
|
|
ad. No. 9, 2000 |
|
|
Subhead. to s. 40G(2)....... |
am. No. 84, 2006 |
|
ad. No. 9, 2000 |
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am. No. 84, 2006 |
|
Division 5 |
|
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ad. No. 9, 2000 |
|
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am. No. 84, 2006 |
|
ad. No. 9, 2000 |
|
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am. No. 84, 2006; No. 54, 2009 |
|
Division 6 |
|
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ad. No. 9, 2000 |
|
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Division 7 |
|
|
ad. No. 9, 2000 |
|
|
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am. No. 84, 2006 |
|
Note to s. 40L(3)................ |
rep. No. 84, 2006 |
|
Division 8 |
|
|
Heading to s. 40LA............ |
rs. No. 3, 2011 |
|
ad. No. 84, 2006 |
|
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am. No. 3, 2011 |
|
Heading to s. 40M............. |
rs. No. 84, 2006; No. 3, 2011 |
|
ad. No. 9, 2000 |
|
|
|
am. No. 3, 2011 |
|
Note to s. 40M(3)............... |
rep. No. 84, 2006 |
|
Heading to s. 40N............. |
rs. No. 84, 2006 |
|
|
am. No. 3, 2011 |
|
ad. No. 9, 2000 |
|
|
|
am. No. 3, 2011 |
|
Note to s. 40N(5)............... |
rep. No. 84, 2006 |
|
ad. No. 9, 2000 |
|
|
|
am. No. 84, 2006 |
|
Note to s. 40P.................... |
ad. No. 84, 2006 |
|
ad. No. 84, 2006 |
|
|
ad. No. 9, 2000 |
|
|
|
rs. No. 84, 2006 |
|
ad. No. 84, 2006 |
|
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|
am. No. 3, 2011 |
|
Part V |
|
|
Part V.................................. |
rep. No. 9, 2000 |
|
|
ad. No. 84, 2006 |
|
Division 1 |
|
|
Heading to Div. 1 of Part V........................................ |
rep. No. 87, 1988 |
|
|
ad. No. 84, 2006 |
|
Subdivision A |
|
|
ad. No. 84, 2006 |
|
|
Subdivision B |
|
|
ad. No. 84, 2006 |
|
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Subdivision C |
|
|
ad. No. 84, 2006 |
|
|
Subdivision D |
|
|
ad. No. 84, 2006 |
|
|
Subdivision E |
|
|
ad. No. 84, 2006 |
|
|
ad. No. 84, 2006 |
|
|
|
am. No. 3, 2011 |
|
ad. No. 84, 2006 |
|
|
Division 2 |
|
|
Div. 2 of Part V................... |
rep. No. 87, 1988 |
|
|
ad. No. 84, 2006 |
|
ad. No. 84, 2006 |
|
|
Division 3 |
|
|
Div. 3 of Part V................... |
rep. No. 87, 1988 |
|
|
ad. No. 84, 2006 |
|
Subdivision A |
|
|
ad. No. 84, 2006 |
|
|
Subdivision B |
|
|
ad. No. 84, 2006 |
|
|
Subdivision C |
|
|
ad. No. 84, 2006 |
|
|
Subdivision D |
|
|
ad. No. 84, 2006 |
|
|
ad. No. 84, 2006 |
|
|
|
am. No. 3, 2011 |
|
ad. No. 84, 2006 |
|
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ad. No. 84, 2006 |
|
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Subdivision E |
|
|
ad. No. 84, 2006 |
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Division 4 |
|
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ad. No. 84, 2006 |
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Division 5 |
|
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ad. No. 84, 2006 |
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Division 6 |
|
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ad. No. 84, 2006 |
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Division 7 |
|
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ad. No. 84, 2006 |
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Division 8 |
|
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ad. No. 84, 2006 |
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Division 9 |
|
|
ad. No. 84, 2006 |
|
|
Part VA |
|
|
Part VA................................ |
ad. No. 71, 1989 |
|
Division 1 |
|
|
rep. No. 87, 1988 |
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ad. No. 71, 1989 |
|
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am. Nos. 147 and 153, 1989; No. 94, 1992; No. 20, 1997; No. 9, 2000; No. 84, 2006; No. 26, 2008; No. 58, 2011 |
|
ad. No. 9, 2000 |
|
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rep. No. 87, 1988 |
|
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ad. No. 71, 1989 |
|
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rs. No. 147, 1989 |
|
ad. No. 147, 1989 |
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ad. No. 147, 1989 |
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am. No. 144, 2008 |
|
ad. No. 147, 1989 |
|
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ad. No. 147, 1989 |
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Division 2 |
|
|
rep. No. 87, 1988 |
|
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ad. No. 71, 1989 |
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am. No. 164, 1992; No. 9, 2000 |
|
rep. No. 87, 1988 |
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ad. No. 71, 1989 |
|
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am. No. 147, 1989; No. 164, 1992; No. 9, 2000 |
|
rep. No. 87, 1988 |
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ad. No. 71, 1989 |
|
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am. No. 147, 1989; No. 20, 1997 |
|
ad. No. 147, 1989 |
|
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am. No. 123, 1991 |
|
rep. No. 87, 1988 |
|
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ad. No. 71, 1989 |
|
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am. Nos. 147 and 153, 1989; No. 182, 1994 |
|
ad. No. 147, 1989 |
|
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rep. No. 87, 1988 |
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ad. No. 71, 1989 |
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am. Nos. 147 and 153, 1989; No. 9, 2000 |
|
ad. No. 147, 1989 |
|
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ad. No. 147, 1989 |
|
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am. No. 20, 1997; No. 5, 2011 |
|
Div. 3 of Part VA................. |
rep. No. 84, 2006 |
|
S. 48.................................... |
rep. No. 87, 1988 |
|
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ad. No. 71, 1989 |
|
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am. No. 9, 2000 |
|
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rep. No. 84, 2006 |
|
S. 49.................................... |
rep. No. 87, 1988 |
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ad. No. 71, 1989 |
|
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am. Nos. 147 and 153, 1989; No. 9, 2000 |
|
|
rep. No. 84, 2006 |
|
Division 3A |
|
|
Div. 3A of Part VA.............. |
ad. No. 147, 1989 |
|
ad. No. 147, 1989 |
|
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ad. No. 147, 1989 |
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am. No. 20, 1997 |
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ad. No. 147, 1989 |
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ad. No. 147, 1989 |
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am. No. 123, 1991 |
|
ad. No. 123, 1991 |
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ad. No. 147, 1989 |
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ad. No. 147, 1989 |
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am. No. 123, 1991 |
|
ad. No. 147, 1989 |
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ad. No. 147, 1989 |
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am. No. 24, 2001 |
|
ad. No. 147, 1989 |
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ad. No. 147, 1989 |
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am. No. 20, 1997 |
|
ad. No. 147, 1989 |
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Division 4 |
|
|
S. 50.................................... |
rep. No. 87, 1988 |
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ad. No. 71, 1989 |
|
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rep. No. 147, 1989 |
|
Heading to s. 51................ |
am. No. 9, 2000 |
|
rep. No. 87, 1988 |
|
|
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ad. No. 71, 1989 |
|
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am. Nos. 147 and 153, 1989; No. 20, 1997; No. 9, 2000 |
|
S. 52.................................... |
rep. No. 87, 1988 |
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ad. No. 71, 1989 |
|
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am. Nos. 147 and 153, 1989 |
|
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rs. No. 9, 2000 |
|
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rep. No. 84, 2006 |
|
S. 53.................................... |
rep. No. 87, 1988 |
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ad. No. 71, 1989 |
|
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am. No. 147, 1989 |
|
|
rep. No. 153, 1989 |
|
ad. No. 147, 1989 |
|
|
Heading to s. 54................ |
am. No. 84, 2006 |
|
rep. No. 87, 1988 |
|
|
|
ad. No. 71, 1989 |
|
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rs. No. 147, 1989 |
|
|
am. No. 8, 2005; No. 84, 2006; No. 5, 2011 |
|
ad. No. 147, 1989 |
|
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|
am. No. 84, 2006 |
|
rep. No. 87, 1988 |
|
|
|
ad. No. 71, 1989 |
|
rep. No. 87, 1988 |
|
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|
ad. No. 71, 1989 |
|
|
am. No. 147, 1989 |
|
S. 57.................................... |
rep. No. 87, 1988 |
|
Ss. 58, 59............................ |
rep. No. 87, 1988 |
|
Part VI |
|
|
S. 60.................................... |
rep. No. 9, 2000 |
|
ad. No. 153, 1989 |
|
|
|
am. No. 124, 1994; No. 9, 2000; No. 64, 2004; No. 129, 2005; No. 86, 2006; No. 70, 2008; No. 127, 2010 |
|
Note to s. 60A(3)................ |
ad. No. 129, 2005 |
|
am. No. 164, 1992; No. 43, 1996; No. 9, 2000; No. 64, 2004; No. 3, 2011 |
|
|
S. 62.................................... |
am. No. 153, 1989; No. 9, 2000 |
|
|
rep. No. 137, 2000 |
|
Heading to s. 63................ |
rs. No. 64, 2004 |
|
am. No. 43, 1996; Nos. 9 and 137, 2000; No. 24, 2001; No. 64, 2004 |
|
|
ad. No. 64, 2004 |
|
|
am. No. 164, 1992; No. 182, 1994; No. 43, 1996; Nos. 9 and 137, 2000; No. 64, 2004; No. 9, 2006 |
|
|
Heading to s. 64A.............. |
am. No. 9, 2000 |
|
ad. No. 22, 1981 |
|
|
|
am. No. 43, 1996; No. 9, 2000; No. 24, 2001; No. 64, 2004; No. 3, 2011 |
|
ad. No. 64, 2004 |
|
|
Heading to s. 64AA........... |
am. No. 9, 2000 |
|
ad. No. 153, 1989 |
|
|
|
am. No. 9, 2000; No. 9, 2006 |
|
ad. No. 64, 2004 |
|
|
ad. No. 22, 1981 |
|
|
|
am. No. 43, 1996; No. 9, 2000; No. 64, 2004 |
|
S. 65.................................... |
rep. No. 153, 1989 |
|
rs. No. 153, 1989 |
|
|
|
am. No. 9, 2000; No. 64, 2004 |
|
am. No. 43, 1996; No. 84, 2006 |
|
|
am. No. 69, 1980; No. 117, 1984; No. 121, 1985; No. 43, 1996 |
|
|
|
rs. No. 9, 2000 |
|
|
am. No. 64, 2004 |
|
ad. No. 155, 1979 |
|
|
|
rep. No. 121, 1985 |
|
|
ad. No. 64, 2004 |
|
rep. No. 38, 1988 |
|
|
|
ad. No. 9, 2000 |
|
ad. No. 9, 2000 |
|
|
Note to s. 69A(2)................ |
ad. No. 2, 2011 |
|
Heading to s. 69B.............. |
am. No. 54, 2009 |
|
ad. No. 9, 2000 |
|
|
|
am. SLI 2006 No. 50 (as am. by SLI 2006 No. 119); No. 84, 2006; No. 54, 2009 |
|
ad. No. 9, 2000 |
|
|
|
am. Nos. 2 and 174, 2011 |
|
ad. No. 9, 2000 |
|
|
Note to s. 69D(2)............... |
ad. No. 2, 2011 |
|
ad. No. 64, 2004 |
|
|
am. No. 35, 1986; No. 71, 1989; No. 43, 1996; No. 9, 2000; No. 64, 2004; No. 84, 2006 |
|
|
Part VII |
|
|
S. 72.................................... |
am. No. 35, 1986 |
|
|
rep. No. 9, 2000 |
|
S. 73.................................... |
am. No. 80, 1982 |
|
|
rep. No. 9, 2000 |
|
S. 74.................................... |
rep. No. 87, 1988 |
|
S. 76.................................... |
rep. No. 9, 2000 |
|
am. No. 155, 1979; No. 121, 1985; No. 43, 1996; No. 9, 2000 |
|
|
S. 78.................................... |
am. No. 35, 1986; No. 43, 1996 |
|
|
rep. No. 9, 2000 |
|
S. 79.................................... |
am. No. 43, 1996 |
|
|
rep. No. 9, 2000 |
Table A
Application, saving or transitional provisions
Australian Federal Police Legislation Amendment Act 2000 (No. 9, 2000)
Schedule 3
1 Definitions
In this Part, unless the contrary intention appears:
commencing time means the time when this Part commences.
former Act means the Australian Federal Police Act 1979, as in force at any time before the commencing time.
former commissioned police officer means a person who held an appointment under section 25 of the former Act immediately before the commencing time.
former consultant means a person who was performing services as a consultant under an engagement in force under section 39B of the former Act immediately before the commencing time.
former non-commissioned police officer means a person who held an appointment under section 26 of the former Act immediately before the commencing time.
former senior executive commissioned police officer means a person who, immediately before the commencing time, was a senior executive commissioned police officer (within the meaning of the Australian Federal Police Act 1979 as in force at that time).
former senior executive officer means a person who, immediately before the commencing time, was a staff member who was a senior executive officer (within the meaning of the Australian Federal Police Act 1979 as in force at that time).
former special member means a person who held an appointment under section 27 of the former Act immediately before the commencing time.
former staff member means a person who held an appointment under section 26B of the former Act immediately before the commencing time.
former temporary employee means a person who was an employee under section 39A of the former Act immediately before the commencing time.
later Act means the Australian Federal Police Act 1979, as in force at and after the commencing time.
pre-commencement misconduct means conduct of a former commissioned police officer, a former non-commissioned police officer or a former staff member before the commencing time that was serious misconduct for the purposes of section 26F of the former Act.
statutory instrument means:
(a) a law of the Commonwealth (other than the Australian Federal Police Act 1979); or
(b) a law of a Territory; or
(c) a certified agreement; or
(d) an instrument having effect under a law covered by paragraph (a) or (b).
2 Conversion of former members and staff members etc.
Former commissioned police officer
(1) At the commencing time, a former commissioned police officer is taken:
(a) to be engaged as an AFP employee under section 24 of the later Act; and
(b) to be declared to be a member of the Australian Federal Police under section 40B of the later Act; and
(c) to be declared to be a commissioned police officer under section 40D of the later Act.
Former non-commissioned police officer
(2) At the commencing time, a former non-commissioned police officer is taken:
(a) to be engaged as an AFP employee under section 24 of the later Act; and
(b) to be declared to be a member of the Australian Federal Police under section 40B of the later Act.
Former staff member
(3) At the commencing time, a person who is a former staff member is taken:
(a) to be engaged as an AFP employee under section 24 of the later Act; and
(b) if, immediately before the commencing time, a declaration under section 12E of the former Act was in force in relation to the person--to be declared to be a designated technical officer under section 12E of the later Act.
Former special member
(4) At the commencing time, a person who is a former special member is taken to be appointed as a special member under section 40E of the later Act. For this purpose, an instrument of appointment under section 40E of the later Act is taken to be made at the commencing time:
(a) if the instrument appointing the person under section 27 of the former Act specified the term of the person's appointment--specifying that the person is appointed for a period equal to the unexpired part of the term of his or her appointment under the former Act; and
(b) specifying the same other terms and conditions as were specified in the person's instrument of appointment under section 27 of the former Act; and
(c) specifying that the person has, during the continuance of his or her appointment, the same powers and duties conferred or imposed on members as were specified in his or her instrument of appointment under section 27 of the former Act.
Former temporary employee
(5) At the commencing time, a person who is a former temporary employee is taken to be engaged as an AFP employee under section 24 of the later Act for a period equal to the unexpired part of his or her period of employment. For this purpose, a determination under subsection 27(1) of the later Act is taken to be made at the commencing time specifying the same terms and conditions as were determined in relation to the person under subsection 39A(2) of the former Act.
Former consultant
(6) At the commencing time, a person who is a former consultant is taken to be engaged as a consultant under section 35 of the later Act:
(a) if the terms and conditions of the person's engagement under section 39B of the former Act specified the period of the person's engagement--for a period equal to the unexpired part of the period of his or her engagement under the former Act; and
(b) on the same other terms and conditions as were determined in relation to the person under subsection 39B(2) of the former Act.
Later Act applies in same way
(7) Except where this Part expressly provides otherwise:
(a) the later Act applies to a person who is taken, under this item, to be appointed or engaged under the later Act in the same way as it applies to persons actually appointed or engaged under the later Act; and
(b) the later Act applies to a person who is taken, under this item, to be declared under the later Act to be a member of the Australian Federal Police, a commissioned police officer or a designated technical officer in the same way as it applies to persons actually declared under the later Act to be members of the Australian Federal Police, commissioned police officers or designated technical officers; and
(c) the later Act applies to an instrument of appointment, or a determination, that is taken, under this item, to be made under the later Act in the same way as it applies to instruments of appointment, or determinations, actually made under the later Act.
3 Classification as senior executive AFP employee
(1) At the commencing time, a former senior executive commissioned police officer or a former senior executive officer is taken to be declared to be a senior executive AFP employee under section 25 of the later Act.
(2) The later Act applies to a person who is taken, under this item, to be declared to be a senior executive AFP employee under the later Act in the same way as it applies to persons actually declared to be senior executive AFP employees under the later Act
4 Appointment of Commissioner or Deputy Commissioner not affected
To avoid doubt, the amendments of section 17 of the Australian Federal Police Act 1979 made by Schedule 1 to this Act do not affect the validity of an appointment made under that section before the commencement of the amendments.
5 Continuation of secondments
Persons seconded from the AFP
(1) An arrangement in force under section 33 of the former Act immediately before the commencing time continues to be in force after the commencing time as if it had been entered into under section 40F of the later Act. In relation to a person covered by the arrangement, a determination under subsection 27(1) of the later Act is taken to be made at the commencing time specifying the same terms and conditions as were determined in relation to the person under subsection 33(5) of the former Act.
(2) The later Act applies to a determination that is taken, under this item, to be made under the later Act in the same way as it applies to a determination actually made under subsection 27(1) of the later Act.
Persons seconded to the AFP
(3) An agreement in force under section 39C of the former Act immediately before the commencing time continues to be in force after the commencing time as if it had been entered into under section 69D of the later Act.
6 Determinations under subsection 30(1) of the former Act
(1) At the commencing time, the Commissioner is taken to make a determination (a continued determination) under subsection 27(1) of the later Act containing the terms of each determination under subsection 30(1) of the former Act that is in force immediately before the commencing time.
(2) The later Act applies to a continued determination in the same way as it applies to a determination actually made under subsection 27(1) of the later Act.
(3) Unless it is sooner revoked, a continued determination (including any amendments made by the Commissioner under subsection 27(1) of the later Act) ceases to be in force 1 year after the commencing time.
7 Continuation of awards or certified agreements
(1) To avoid doubt, an award or a certified agreement that is in force immediately before the commencing time in relation to members or staff members of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 as in force at that time) does not cease to be in force at and after the commencing time because of the amendments made by Schedule 1 to this Act.
Note: At and after the commencing time, any reference to a staff member of the Australian Federal Police in such an award or a certified agreement will be taken to be a reference to an AFP employee who is not a member: see item 18 of this Schedule.
(2) If, immediately before the commencing time, a provision of such an award or a certified agreement applied to a member of the Australian Federal Police at a particular rank, or to a staff member of the Australian Federal Police at a particular level, the provision continues to apply to the person at and after the commencing time until the earlier of the following days:
(a) the day the person ceases to be an AFP employee;
(b) the day the award or certified agreement, as the case may be, ceases to be in force.
Note: A person who is a member or a staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee: see item 2 of this Schedule.
8 Determinations under subsection 30(2) of the former Act
(1) A determination under subsection 30(2) of the former Act that is in force immediately before the commencing time continues to be in force at and after that time.
(2) The Commissioner may at any time after the commencing time, by writing, amend, vary or revoke a determination continued in force under subitem (1).
(3) Any such amendment, variation or revocation (the alteration) does not affect any entitlement under the determination that arose before the alteration or that, disregarding the alteration, arises after the alteration in respect of:
(a) any service of fixed term appointments (including parts of fixed term appointments) to the extent that the service took place before the commencing time; or
(b) any employment as an AFP employee that took place after the commencing time and before the alteration takes affect.
9 Misconduct
The Commissioner may, under section 28 of the later Act, terminate the employment of an AFP employee for pre-commencement misconduct as if the conduct had happened after the commencing time.
10 Certificates under subsection 12A(4) of the Australian Federal Police Act 1979
Subsection 12A(4) of the Australian Federal Police Act 1979 as in force at and after the commencing time applies to a certificate given under that subsection at any time before the commencing time in the same way as it does to a certificate given under that subsection at or after the commencing time.
11 Repeal of subsection 20(2B) of the Australian Federal Police Act 1979 does not limit subsection 33(3) of the Acts Interpretation Act 1901
To avoid doubt, the repeal of subsection 20(2B) of the Australian Federal Police Act 1979 made by item 44 of Schedule 1 to this Act does not mean that subsection 33(3) of the Acts Interpretation Act 1901 has no application in relation to a determination under subsection 20(2A) of the Australian Federal Police Act 1979.
Note: Subsection 33(3) of the Acts Interpretation Act 1901 has the effect that any instrument can be amended, varied or revoked etc. unless a contrary intention appears.
12 Repeal of section 39E of the Australian Federal Police Act 1979 has no effect on the Superannuation Acts
The repeal of section 39E of the Australian Federal Police Act 1979 made by Schedule 1 to this Act does not affect the operation of the Superannuation Act 1976 or the Superannuation Act 1990 at, or at any time after, the commencing time in relation to any period of a person's appointment under the Australian Federal Police Act 1979 before the commencing time.
13 Continuation of section 49 of the Australian Federal Police Act 1979
Section 49 of the Australian Federal Police Act 1979 as in force immediately before the commencing time continues to apply at and after the commencing time to any person found guilty of a relevant disciplinary offence before the commencing time as if the amendments to that section made by Schedule 1 to this Act had not been made.
14 Continuation of section 51 of the Australian Federal Police Act 1979
The amendments of section 51 of the Australian Federal Police Act 1979 made by Schedule 1 to this Act apply to persons charged with offences whether before or after the commencing time, but do not apply where persons' resignations or retirements from the Australian Federal Police took effect before the commencing time.
15 Continuation of section 52 of the Australian Federal Police Act 1979
The amendment of section 52 of the Australian Federal Police Act 1979 made by Schedule 1 to this Act applies to proceedings started against a person whether before or after the commencing time, but does not apply where persons' resignations or retirements from the Australian Federal Police would, but for subsection (1) of that section as in force immediately before the commencing time, have taken effect before the commencing time.
16 Continuation of secrecy obligations
Section 60A of the former Act continues to apply at and after the commencing time to a person who, immediately before the commencing time, was a person to whom that section applied as if the amendment to that section made by Schedule 1 to this Act had not been made.
17 Certificates under section 68 of the Australian Federal Police Act 1979
Section 68 of the Australian Federal Police Act 1979 as in force at and after the commencing time applies to a certificate given under that section at any time before the commencing time in the same way as it does to a certificate given under that section at or after the commencing time.
18 References in statutory instruments to "staff member"
If a statutory instrument was in force immediately before the commencing time, for the purpose of applying the instrument to any thing done or any circumstance existing after the commencing time, references in the instrument to a staff member of the Australian Federal Police are, unless the contrary intention appears, taken to be references to an AFP employee who is not a member.
19 Regulations
(1) The Governor-General may make regulations prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Part.
(2) The following subitems do not, by implication, limit subitem (1).
(3) Regulations may be made:
(a) in relation to the continuation of the processes relating to appointment, re-instatement, transfer, promotion, advancement, resignation, retirement or discipline under the former Act, and their effects under the later Act; and
(b) in relation to the continuation under the later Act of suspensions that were in force under the former Act immediately before the commencing time; and
(c) in relation to:
(i) the review of decisions made under the former Act before the commencing time; and
(ii) the effects, under the later Act, of those reviews; and
(iii) the powers available to a person or body conducting such a review.
(4) Regulations made under subitem (3) prevail over the former Act and the later Act, to the extent of any inconsistency.
(5) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.
34 Warrants or writs etc. may continue to be executed
If, immediately before the commencing time, any warrant, writ, order, permission or other instrument (the authority) issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:
(a) the Commissioner of the Australian Federal Police; or
(b) a Deputy Commissioner of the Australian Federal Police; or
(c) an AFP employee; or
(d) a special member of the Australian Federal Police;
(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).
Note: A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member. See item 2 of this Schedule.
35 Regulations dealing with matters of a transitional or saving nature
(1) The Governor-General may make regulations, not inconsistent with any other provision of this Schedule, prescribing matters of a transitional or saving nature in relation to the amendments made by Schedule 1 or 2.
(2) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional--pre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional--pre-commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
(1) Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Australian Federal Police and Other Legislation
Amendment Act 2004
(No. 64,
2004)
4 Transitional and application
(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.
Surveillance Devices Act 2004 (No. 152, 2004)
Schedule 1
2 Transitional and saving provision
Despite the repeal of Division 2 of Part II of the Australian Federal Police Act 1979 by item 1 of this Schedule:
(a) any warrant issued under that Division and in force immediately before the day of that repeal remains in force, according to its terms, after that day as if that Division had not been repealed; and
(b) any consent by a Judge of a court created by the Parliament to be nominated by the Minister under subsection 12D(2) of the Australian Federal Police Act 1979, being a consent that is in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a consent to be declared by the Minister to be an eligible Judge under subsection 12(3) of the Surveillance Devices Act 2004; and
(c) any nomination by the Minister of a Judge of a court created by the Parliament as a Judge who may issue warrants under section 12G of the Australian Federal Police Act 1979, being a nomination that was in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a nomination of that Judge as an eligible Judge for the purposes of section 12 of the Surveillance Devices Act 2004; and
(d) any nomination by the Minister of a person holding an appointment referred to in subsection 12DA(1) of the Australian Federal Police Act 1979, being a nomination that was in force immediately before the day of that repeal, is taken, with effect from that day, to be a nomination of that person for the purposes of section 13 of the Surveillance Devices Act 2004.
3 Operation of Division 2 of Part II of the Australian Federal Police Act 1979 preserved for limited purposes
Despite the repeal of Division 2 of Part II of the Australian Federal Police Act 1979 by item 1 of this Schedule, that Division is to be treated as continuing to apply in relation to the use of listening devices in respect of offences against the law of the Australian Capital Territory as if:
(a) the Division had not been repealed; and
(b) the definitions of class 1 general offence and class 2 general offence and the definition of general offence were limited to offences against the law of the Australian Capital Territory; and
(c) for the purposes of the continued operation of section 12L of the Australian Federal Police Act 1979:
(i) sections 219F to 219K of the Customs Act 1901 had not been repealed; and
(ii) references in section 12L of the Australian Federal Police Act 1979 to general offences, class 1 general offences or class 2 general offences were to be construed as if limited to offences against the law of the Australian Capital Territory.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
4 Saving of matters in Part 2 of Schedule 1
(1) If:
(a) a decision or action is taken or another thing is made, given or done; and
(b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;
then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.
Schedule 1
496 Saving provision--Finance Minister's determinations
If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.
Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 (No. 84, 2006)
Schedule 1
30 Determining categories of AFP conduct issues
For the purpose of subsection 40RM(1) of the Australian Federal Police Act 1979 (as inserted by this Schedule), the Commissioner and the Ombudsman must try to jointly determine, within 3 months after the commencement of this Schedule, that conduct of a particular kind is to be:
(a) category 1 conduct; or
(b) category 2 conduct; or
(c) category 3 conduct;
for the purposes of that Act.
Schedule 5
8 Application
(1) The amendment made by item 3 of this Schedule applies to a notice of resignation given to the Commissioner on or after the day on which this Schedule commences.
(2) The amendments made by items 6 and 7 of this Schedule apply to annual leave that may be taken on or after the day on which this Schedule commences.
Schedule 2
35 Application
Paragraph 9(1)(bc) of the Australian Federal Police Act 1979, as in force immediately after the commencement of this item, applies to the performance by members of functions in the Northern Territory on or after 21 June 2007.
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 (No. 144, 2008)
Schedule 2
10 Application
The amendment of the Australian Federal Police Act 1979 made by this Part applies in relation to an application for an order under Part VA of that Act made on or after the commencement of this item.
Crimes Legislation Amendment Act 2011 (No. 2, 2011)
Schedule 4
12 Application of item 4
The amendment made by item 4 of this Schedule applies in relation to any special circumstances, whether occurring before or after this Schedule commences.
Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 (No. 3, 2011)
Schedule 5
21 Application--item 18
The amendment made by item 18 applies in relation to service occurring before, on or after the commencement of that item.
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
Schedule 3
10 Saving--appointments
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.
Crimes Legislation Amendment Act (No. 2) 2011 (No. 174, 2011)
Schedule 2
2 Application of amendment--the Australian Federal Police Act 1979
(1) The amendment of the Australian Federal Police Act 1979 made by item 1 of this Schedule applies as set out in this item.
(2) The amendment applies in relation to the Commissioner's powers, functions or duties as a proceeds of crime authority in relation to orders (or applications or proceedings for orders) under the Proceeds of Crime Act 2002 made or (in the case of proceedings) started before, at or after the commencement of item 1.
(3) The amendments apply under subitem (2) of this item regardless of whether the conduct giving rise to those orders (or applications or proceedings for orders) occurred, or is suspected to have occurred, before, at or after the commencement of item 1.