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AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 9

Laws conferring powers on members

             (1)  In addition to any other powers and duties, a member has:

                     (a)  the powers and duties that are conferred or imposed by or under a law of the Commonwealth on:

                              (i)  a constable; or

                             (ii)  a constable of a particular rank, if a declaration under subsection (2A) is in force that the member is of that rank for the purposes of this subparagraph; and

                     (b)  when performing functions in the Australian Capital Territory--the powers and duties conferred or imposed on a constable or on an officer of police by or under any law (including the common law) of the Territory; and

                    (ba)  when performing functions in the Jervis Bay Territory--the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and

                    (bb)  when performing functions in an External Territory--the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and

                    (bc)  when performing functions in the Northern Territory:

                              (i)  the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and

                             (ii)  any powers and duties conferred on the member by virtue of his or her appointment as a Special Constable of the Police Force of the Northern Territory by or under a law of the Territory; and

                     (c)  in relation to the following:

                              (i)  the laws of the Commonwealth;

                             (ii)  matters in connection with property of the Commonwealth or of an authority of the Commonwealth;

                            (iii)  matters arising on or in connection with land or premises owned or occupied by the Commonwealth or an authority of the Commonwealth;

                            (iv)  the safeguarding of Commonwealth interests;

                          (iva)  the investigation of State offences that have a federal aspect;

                            the powers and duties that are conferred or imposed, in the place in which the member is acting, on:

                             (v)  a constable or an officer of police; or

                            (vi)  a constable, or an officer of police, of a particular rank, if a declaration under subsection (2B) is in force that the member is of that rank for the purposes of this subparagraph.

             (2)  Where any provisions of a law of a State apply in relation to offences against the laws of the Commonwealth or of a Territory, those provisions so apply as if:

                     (a)  any reference in those provisions to a constable or to an officer of police included a reference to a member; and

                     (b)  if a declaration is in force under subsection (2B) that a member is of a particular rank for the purposes of this paragraph--any reference in those provisions to an officer of police of that rank included a reference to the member.

          (2A)  The Commissioner may, by writing, declare that a member is of a particular rank for the purposes of subparagraph (1)(a)(ii).

          (2B)  The Commissioner may, by writing, declare that a member is of a particular rank (the State law rank ) for the purposes of subparagraph (1)(c)(vi) or paragraph (2)(b) if:

                     (a)  a declaration is in force under subsection (2A) that the member is of a particular rank (the Commonwealth law rank ); and

                     (b)  the Commissioner considers the State law rank is equivalent to the Commonwealth law rank.

          (2C)  Unless it ceases to be in force sooner, a declaration under subsection (2B) ceases to be in force when the declaration under subsection (2A) ceases to be in force.

             (3)  In paragraph (1)(a):

"constable" includes a member of the Police Force of a State or Territory.



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