AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 9 Laws conferring powers on members

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 9

  (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.