Commonwealth Numbered Acts

AUSTRALIAN FEDERAL POLICE (CONSEQUENTIAL AMENDMENTS) ACT 1979 No. 155 of 1979 - SCHEDULE

SCHEDULE
Section 3

AMENDMENTS OF ACTS
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Acts                         Amendment

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Atomic Energy Act 1953  .    Section 5-

Omit paragraph (b) of the definition of
''Commonwealth officer'' in sub-section (1),
substitute-
''(b) a member of the Australian Federal
Police;''.
Omit from the definition of ''constable'' in
sub-section (1) ''Commonwealth Police Officer or a
member'', substitute ''member of the Australian
Federal Police or''.
Audit Act 1901  . . . . .    Section 2-

Omit paragraphs (d) and (e) of the definition of
''officer'', substitute-
''(d) a member or special member of the
Australian Federal Police; or''.

Section 48A-
Omit paragraphs (d) and (e) of the definition of
''Commonwealth organization'' in sub-section (1),
substitute-
''or (d) the Australian Federal Police;''.
Section 70AA-
Omit paragraphs (g) and (h) of the definition of
''officer'' in sub-section (1), substitute-
''(g) a member or special member of the
Australian Federal Police; or''.
Omit paragraphs (g) and (h) of the definition of
''Permanent Head'' in sub-section (1), substitute-
''(g) in relation to a member or special member
of the Australian Federal Police-the person
holding, or performing the duties of, the office of
Commissioner of Police under the Australian  Federal
Police Act 1979 ; and''.
Australian Federal Police Act 1979                     Section 4-

Before the definition of ''Australian Capital
Territory'' insert-
'' 'appoint' includes promote or transfer;''.

Section 5-
After sub-section (1) insert-
''(1A) Where a reference in a law of the
Commonwealth that does not specify the Australian
Capital Territory is, in effect, a reference to, or
a reference that includes, that Territory, that
reference shall, for the purposes of sub-section

(1) , be taken to be a reference to that
Territory.''.

After section 68, insert-
Officers' Rights Declaration Act
''68A. (1) Where a member of the
Australian Federal Police (other than
a special member) was, at any time on
the day immediately preceding the day
on which his appointment takes effect,
a member of the Australian Public
Service or a person to whom the
Officers' Rights Declaration Act 1928
applied- Officers'
Rights Declaration
Act

   (a)  he retains his existing and
accruing rights;

   (b)  for the purpose of determining
those rights, his service under this
Act shall be taken into account as if
it were service in the Australian
Public Service; and

   (c)  the Officers' Rights
Declaration Act 1928 applies as if
this Act and this section had been
specified in the Schedule to that Act.

''(2) Notwithstanding section 2,
sub-section (1) of this section shall
be deemed to have come into operation
on the day on which this Act received
the Royal Assent.''.

Section 77-

Omit ''A person'', substitute ''Subject to section
68A, a person''.
Australian National Railways Act 1917            Section 69-

Omit from sub-section (2) ''Commonwealth Police
Officer or member'', substitute ''member of the
Australian Federal Police or''.

Section 71-
Omit from sub-section (2) ''Commonwealth Police
Officer, a member'', substitute ''member of the
Australian Federal Police or''.
Bankruptcy Act 1966 . . .    Section 5-

Omit from the definition of ''constable'' in
sub-section (1) ''Commonwealth Police Officer or a
member'', substitute ''member of the Australian
Federal Police or''.
Canberra Water Supply (Googong Dam) Act 1974       Section 23-

Omit paragraph (d), substitute-
''(d) a member of the Australian Federal
Police,''.
Commonwealth Employees (Redeployment and Retirement) Act 1979         Section
29-
Omit sub-paragraph (1) (d) (i), substitute the
following sub-paragraph:
''(i) members of the Australian Federal
Police;''.
Add ''or'' at the end of sub-paragraph (1) (d)

        (iii)  .
Omit sub-paragraph (1) (d) (iv).
Commonwealth Prisoners Act 1967                     Section 3-

Omit from the definition of ''constable'' in
sub-section (1) ''Commonwealth Police Officer or a
member'', substitute ''member of the Australian
Federal Police or''.
Compensation (Commonwealth Government Employees) Act 1971          Section 7-

Omit paragraph (a) of sub-section (2), substitute-
''(a) a member of the Australian Federal Police
or of the Police Force of the Northern
Territory;''.
Omit from sub-section (2) ''Commonwealth Police
Officer, member of the Police Force of a
Territory'', substitute ''member of the Australian
Federal Police, member of the Police Force of the
Northern Territory''.
Section 7A-
Omit from paragraph (3) (a) ''a Commonwealth
Police Officer,''.
Consular Privileges and Immunities Act 1972          Section 5-

Omit from paragraph (2) (c) ''Commonwealth Police
Force'', substitute ''Australian Federal Police''. Continental Shelf (Living
Natural Resources) Act 1968 Section 5-
Omit from paragraph (c) of the definition of
''officer'' in sub-section (1) ''Commonwealth
Police Force'', substitute ''Australian Federal
Police''.
Courts-Martial Appeals Act 1955                     Section 32-

Omit from sub-section (3) ''Commonwealth Police
Force or a member'', substitute ''member of the
Australian Federal Police or''.
Crimes Act 1914 . . . . .    Section 3-

Omit paragraph (b) of the definition of
''Commonwealth officer'', substitute-
''(b) a member of the Australian Federal
Police;''.
Omit ''Commonwealth Police Officer or a member''
from the definition of ''Constable'', substitute
''member of the Australian Federal Police or''.

Section 81-
Omit paragraph (3) (a), substitute-
''(a) a member of the Australian Federal
Police;''.
Crimes (Biological Weapons) Act 1976            Section 9-

Omit from sub-section (4) ''Commonwealth Police
Force'', substitute ''Australian Federal Police''.
Crimes (Internationally Protected Persons) Act 1976 Section 11-
Omit from sub-section (1) ''Commonwealth Police
Force'', substitute ''Australian Federal Police''.
Customs Act 1901  . . . .    Section 4-

Omit from sub-section (2) ''Commonwealth Police
Officer or a member'', substitute ''member of the
Australian Federal Police or''.
Defence Act 1903  . . . .    Section 79-

Omit ''Commonwealth Police Officer or member''
(wherever occurring), substitute ''member of the
Australian Federal Police or''.

Section 82-
Omit from sub-section (4) ''Commonwealth Police
Officer'', substitute ''member of the Australian
Federal Police''.
Section 114-
Omit ''or by a Commonwealth Police Officer'',
substitute '', a member of the Australian Federal
Police''.

Section 122-
Omit ''or by a Commonwealth Police Officer'',
substitute '', a member of the Australian Federal
Police''.
Defence (Re-establishment) Act 1965                         Section 17-

Omit from the definition of ''constable'' in
sub-section (1) ''Commonwealth Police Officer or a
member'', substitute ''member of the Australian
Federal Police or''.
Defence (Special Undertakings) Act 1952       Section 4-

Omit ''Commonwealth Police Officer and a member'',
substitute ''member of the Australian Federal
Police or''.
Defence (Visiting Forces) Act 1963                     Section 19-

Omit from sub-section (1) ''Commonwealth Police
Officer or a member'', substitute ''member of the
Australian Federal Police or''.

Section 20-
Insert in sub-section (1) ''of the Australian
Federal Police or'' after ''member''.
Diplomatic Privileges and Immunities Act 1967          Section 7-

Omit from paragraph (2) (c) ''Commonwealth Police
Officers'', substitute ''members of the Australian
Federal Police''.
Excise Act 1901 . . . . .    Section 4-

Omit from sub-section (2) ''Commonwealth Police
Force'', substitute ''Australian Federal Police''.
Extradition (Commonwealth Countries) Act 1966          Section 24-

Omit from sub-section (2) ''Commonwealth Police
Officers and all members'', substitute ''members of
the Australian Federal Police or''.

Schedule 2-
Omit from Forms 3, 4, 5, 7 and 8 ''Commonwealth
Police Officers'', substitute ''members of the
Australian Federal Police''. Extradition (Foreign
States) Act 1966             Schedule 2-

Omit from Forms 3, 4 and 5 ''Commonwealth Police
Officers'', substitute ''members of the Australian
Federal Police''.
Fisheries Act 1952  . . .    Section 4-

Omit ''Commonwealth Police Force'' from paragraph

   (c)  of the definition of ''officer'', substitute
''Australian Federal Police''.
Great Barrier Reef Marine Park Act 1975                Section 44-

Omit ''Commonwealth Police Force'', substitute
''Australian Federal Police''.
Lands Acquisition Act 1955  . . . . . . . . . .    Section 16-

Omit from sub-section (2) ''Commonwealth Police
Officer'', substitute ''member of the Australian
Federal Police''.

Section 57-
Omit ''Commonwealth Police Officer'', substitute
''member of the Australian Federal Police''.
Long Service Leave (Commonwealth Employees) Act 1976 Section 4-
Omit paragraph (7) (a).

Section 10-
After sub-section (2) insert-
''(2A) For the purposes of this Act, a member of
the Australian Federal Police shall be deemed to be
employed in Government Service, and his employment
shall, for those purposes, be deemed to be
constituted by his service as such a member''.
Maternity Leave (Commonwealth Employees) Act 1973                     Section
5-
Omit paragraph (2) (a), substitute-
''(a) a member of the Australian Federal
Police;''. National Parks and Wildlife Conservation Act 1975 Section 38-
Omit ''Commonwealth Police Force'', substitute
''Australian Federal Police''.
Navigation Act 1912 . . .    Section 6-

Omit from the definition of ''officer of police''
in sub-section (1) ''Commonwealth Police Officer or
a member'', substitute ''member of the Australian
Federal Police or''.
Ombudsman Act 1976  . . .    Section 3-

Omit sub-sections (9) and (10), substitute-
''(9) For the purposes of this Act, the
Australian Federal Police shall be deemed to be a
prescribed authority.
''(10) In the application of this Act in
relation to the Australian Federal Police,
references in this Act to an officer of a
prescribed authority shall be read as references to
a member or special member of the Australian
Federal Police.''.
Section 5-
Omit sub-section (4), substitute-
''(4) Paragraph (2) (d) does not prevent the
Ombudsman from investigating action taken by a
member or special member of the Australian Federal
Police, or by any other person, with respect to a
complaint made to such a member or special member
concerning action taken by another such member or
special member.''.
Passports Act 1938  . . .    Section 5-

Omit from the definition of ''officer'' in
sub-section (1) ''Commonwealth Police Officer, any
member'', substitute ''member of the Australian
Federal Police or''. Public Order (Protection of Persons and Property) Act
1971 Section 4-
Omit ''Commonwealth Police Force'' from the
definition of ''Police Force'', substitute
''Australian Federal Police''.
Public Service Act 1922 .    Section 48-

Omit from paragraph (1) (b) ''Police Force of the
Australian Capital Territory'', substitute
''Australian Federal Police''.

Section 87-
Omit paragraph (h) of the definition of
''Commonwealth office'' in sub-section (1),
substitute-
''(h) an office or appointment in the Australian
Federal Police (other than the office of
Commissioner of Police) or in the Police Force of a
Territory;''.
Omit paragraph (d) of sub-section (2), substitute-
''(d) employment as a member of the Australian
Federal Police (other than Commissioner of
Police);''.

Section 87J-
Omit paragraph (b) of sub-section (2), substitute-
''(b) employment as a member of the Australian
Federal Police (other than Commissioner of
Police);''.
Quarantine Act 1908 . . .    Section 31-

Omit from sub-section (3) ''Commonwealth Police
Force'', substitute ''Australian Federal Police''.
Removal of Prisoners (Australian Capital Territory) Act 1968          Section
3-
Omit from the definition of ''constable'' in
sub-section (1) ''a Commonwealth Police Officer'',
substitute ''of the Australian Federal Police''.
Removal of Prisoners (Territories) Act 1923       Section 2-

Omit from the definition of ''constable'' in
sub-section (1) ''Commonwealth Police Officer or a
member'', substitute ''member of the Australian
Federal Police or''.
Remuneration Tribunals Act 1973                     Section 3-

Omit from paragraph (4) (s) ''Commonwealth Police
Force'', substitute ''Australian Federal Police''.
Omit from paragraph (4) (s) ''that Police Force'',
substitute ''the Australian Federal Police''.
Reserve Bank Act 1959 . .    Section 32-

Omit ''Commonwealth Police Officer or a member'',
substitute ''member of the Australian Federal
Police or''.
Service and Execution of Process Act 1901             Section 26A-

Omit from the definition of ''constable'' in
sub-section (1) ''Commonwealth Police Officer or a
member'', substitute ''member of the Australian
Federal Police or''. States Receipts Duties
 (Administration) Act 1970                         Section 50-

Omit from sub-section (5) ''Commonwealth Police
Officer, or a member'', substitute ''member of the
Australian Federal Police or''.
Superannuation Act 1976      Section 3-

After sub-section (5), insert the following
sub-section:
''(5A) For the purposes of this Act, a member of
the Australian Federal Police (other than the
Commissioner of Police or a Deputy Commissioner of
Police) shall be deemed to be employed by the
Commonwealth.''.
Trading with the Enemy Act 1939                     Section 3-

Omit from the definition of ''constable'' in
sub-section (1) ''Commonwealth Police Officer and a
member'', substitute ''member of the Australian
Federal Police or''.
Treasury Bills Act 1914 .    Section 14-

Omit ''Commonwealth Police Officer or a member'',
substitute ''member of the Australian Federal
Police or''.
Wheat Industry Stabilization Act 1974       Section 44-

Omit from sub-section (2) ''Commonwealth Police
Officer or a member'', substitute ''member of the
Australian Federal Police or''.
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