AUSTRALIAN FEDERAL POLICE LEGISLATION AMENDMENT ACT 2000 NO. 9, 2000 - SCHEDULE 2

Commonwealth Numbered Acts

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AUSTRALIAN FEDERAL POLICE LEGISLATION AMENDMENT ACT 2000 NO. 9, 2000 - SCHEDULE 2

- Amendment of other Acts

Administrative Decisions (Judicial Review) Act 1977

1 Paragraphs (z) and (za) of Schedule 2

Repeal the paragraphs, substitute:

(z): decisions under section 28, 40F or 40H of the Australian Federal Police Act 1979 ;

Archives Act 1983

2 Subparagraph 47(2)(a)(iiia)

Repeal the subparagraph, substitute:

(iiia): the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ), in connection with the National Witness Protection Program;

Canberra Water Supply (Googong Dam) Act 1974

3 Paragraph 23(d)

Repeal the paragraph, substitute:

(d): the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 );

Complaints (Australian Federal Police) Act 1981

4 Subsection 3(1) (definition of AFP appointee )

Repeal the definition, substitute:

AFP appointee means a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ).

5 Subsection 3(1)

Insert:

Commissioner's Orders has the same meaning as in the Australian Federal Police Act 1979 .

6 Subsection 3(1) (definition of Federal police officer )

Repeal the definition, substitute:

Federal police officer means:

(a): a member of the Australian Federal Police; or
(b): a special member of the Australian Federal Police.

7 Subsection 6(5) (definition of authorised appointee )

Omit "General Orders or General Instructions", substitute "Commissioner's Orders".

8 Subsection 6(5) (definition of General Instructions )

Repeal the definition.

9 Subsection 6(5) (definition of General Orders )

Repeal the definition.

10 Subsection 6B(1)

Omit "a senior member", substitute "an authorised member".

11 Subsection 6B(7)

Repeal the subsection, substitute:

(7): For the purposes of subsection (1), an authorised member is an AFP appointee (other than the appointee against whom the complaint is made) who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this section.

12 Subsection 21(5)

Omit "General Orders and General Instructions", substitute "Commissioner's Orders".

13 Subsection 52B(2)

Omit "reducing an AFP appointee to a lower rank or level or".

14 Paragraph 52B(3)(a)

Omit "reducing the appointee to a lower rank or level or".

15 Subsection 53(3)

Omit "reduce an AFP appointee to a lower rank or level or".

16 Subsection 67(7)

Omit "reducing the appointee to a lower rank or".

Crimes Act 1914

17 Subsection 3(1) (definition of Assistant Commissioner )

Repeal the definition.

18 Subsection 3(1) (paragraph (b) of the definition of Commonwealth officer )

Repeal the paragraph, substitute:

(b): the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ); and

19 Subsection 3(1) (paragraph (a) of the definition of law enforcement officer )

Repeal the paragraph, substitute:

(a): the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 );

20 Subsection 3(1)

Insert:

senior executive AFP employee has the same meaning as in the Australian Federal Police Act 1979 .

21 Paragraph 15J(a)

Omit "an Assistant Commissioner", substitute "a senior executive AFP employee who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this section".

22 Subsection 15R(1)

Omit "an Assistant Commissioner", substitute "a senior executive AFP employee authorised in writing under section 15J".

23 Paragraph 15S(4)(a)

Omit "an Assistant Commissioner", substitute "a senior executive AFP employee authorised in writing under section 15J".

Crimes (Aviation) Act 1991

24 Subsection 3(1) (paragraph (b) of the definition of authorised person )

Repeal the paragraph, substitute:

(b): in section 32:

(i): a member of the Australian Federal Police; or
(ii): an officer of the police force (however described) of a State or Territory of or above the rank of sergeant; or

Crimes (Superannuation Benefits) Act 1989

25 Subsection 2(1)

Insert:

AFP employee has the same meaning as in the Australian Federal Police Act 1979 .

26 Subsection 7(1)

Omit "a member or staff member of the AFP", substitute "an AFP employee".

Director of Public Prosecutions Act 1983

27 Section 13

Omit "members, or staff members (or both), of the Australian Federal Police", substitute "the Commissioner, a Deputy Commissioner of the Australian Federal Police or AFP employees (within the meaning of the Australian Federal Police Act 1979 )".

Disability Discrimination Act 1992

28 Subsection 4(1) (paragraph (g) of the definition of Commonwealth employee )

Repeal the paragraph, substitute:

(g): is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ).

Evidence Act 1995

29 Subsection 171(3) (paragraphs (b) and (c) of the definition of authorised person )

Repeal the paragraphs, substitute:

(b): an AFP employee (within the meaning of the Australian Federal Police Act 1979 ); or
(c): a special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); or

30 Subsection 180(1)

Omit "a member of the Australian Federal Police", substitute "an AFP employee (within the meaning of the Australian Federal Police Act 1979 ) or a special member of the Australian Federal Police (within the meaning of that Act)".

: Note: The heading to section 180 is altered by inserting " AFP employees or special " after " affidavits by ".

31 Part 1 of the Dictionary (definition of member of the Australian Federal Police )

Repeal the definition.

32 Part 1 of the Dictionary (paragraph (a) of the definition of police officer )

After "member", insert "or special member".

Long Service Leave (Commonwealth Employees) Act 1976

33 Subsection 10(2A)

Repeal the subsection, substitute:

(2A): For the purposes of this Act, the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (within the meaning of the Australian Federal Police Act 1979 ) is taken to be employed in Government Service.

Merit Protection (Australian Government Employees) Act 1984

34 Subparagraph 85(2)(k)(i)

Repeal the subparagraph, substitute:

(i): AFP employees (within the meaning of the Australian Federal Police Act 1979 );

Migration Act 1958

35 Subsection 143(2)

Omit "a member of the Australian Federal Police of a rank not lower than Superintendent", substitute "a commissioned police officer (within the meaning of the Australian Federal Police Act 1979 )".

Occupational Health and Safety (Commonwealth Employment) Act 1991

36 Subsection 8(2)

Insert:

AFP employee has the same meaning as in the Australian Federal Police Act 1979 .

37 Subsection 8(2) (definition of dangerous operation )

Omit "a member", substitute "the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, or an AFP employee".

38 Subsection 8(2) (definition of member )

Repeal the definition.

39 Subsection 8(2) (definition of unauthorised person )

Omit "a member", substitute "an AFP employee".

40 Paragraph 9(2)(a)

Repeal the paragraph, substitute:

(a): the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979 ); or

41 Subsection 9(2)

Omit "such a member or staff member of the Australian Federal Police or member of the Defence Force or", substitute "the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee, by the person's performance of duties as such a member of the Defence Force or by the person's performance of".

Privacy Act 1988

42 Subsection 6(1) (paragraph (d) of the definition of Commonwealth officer )

Repeal the paragraph, substitute:

(d): the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 );

43 Paragraph 8(1)(c)

Repeal the paragraph, substitute:

(c): an act done or practice engaged in by, or information disclosed to, a person who is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ) in the performance of his or her duties as such a person is treated as having been done or engaged in by, or disclosed to, the Australian Federal Police.

44 Paragraph 9(2)(b)

Repeal the paragraph, substitute:

(b): as the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ) in the performance of his or her duties as such a person;

45 Paragraph 10(2)(b)

Repeal the paragraph, substitute:

(b): as the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ) in the performance of his or her duties as such a person;

46 Paragraph 11(2)(c)

Repeal the paragraph, substitute:

(c): as the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ) in the performance of his or her duties as such a person;

Public Service Act 1922

47 Paragraph 87(2)(d)

Repeal the paragraph, substitute:

(d): service as a Deputy Commissioner of the Australian Federal Police or employment as an AFP employee (within the meaning of the Australian Federal Police Act 1979 );

48 Paragraph 87J(2)(b)

Repeal the paragraph, substitute:

(b): service as a Deputy Commissioner of the Australian Federal Police or employment as an AFP employee (within the meaning of the Australian Federal Police Act 1979 );

Radiocommunications Act 1992

49 Section 5 (paragraph (d) of the definition of Commonwealth officer )

Repeal the paragraph, substitute:

(d): the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ); or

Safety, Rehabilitation and Compensation Act 1988

50 Paragraph 5(2)(a)

Repeal the paragraph, substitute:

(a): the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979 ); or

51 Subsection 5(2)

Service and Execution of Process Act 1992

52 Subsection 3(1) (definition of member )

Repeal the definition.

53 Paragraph 82(3)(c)

After "member", insert "or special member".

54 Paragraph 84(5)(b)

After "member", insert "or special member".

55 Subparagraph 84(6)(b)(iii)

After "member", insert "or special member".

Superannuation Act 1976

56 Subsection 3(5A)

Omit "a member or staff member of the Australian Federal Police (other than the Commissioner of Police or a Deputy Commissioner of Police)", substitute "an AFP employee (within the meaning of the Australian Federal Police Act 1979 )".

Superannuation Act 1990

57 Section 10

Omit "a member, or staff member, of the Australian Federal Police (other than the Commissioner of Police or a Deputy Commissioner of Police)", substitute "an AFP employee (within the meaning of the Australian Federal Police Act 1979 )".

: Note: The heading to section 10 is replaced by the heading " Australian Federal Police employees ".

Telecommunications (Interception) Act 1979

58 Subsection 5(1)

Insert:

AFP employee has the same meaning as in the Australian Federal Police Act 1979 .

59 Subsection 5(1) (paragraph (a) of the definition of certifying officer )

Omit "a member of the rank of Assistant Commissioner", substitute "a senior executive AFP employee who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner of Police for the purposes of this paragraph".

60 Subsection 5(1) (subparagraph (b)(iia) of the definition of permitted purpose )

Repeal the subparagraph, substitute:

(iia): the making by a person of a decision under the Australian Federal Police Act 1979 in relation to the engagement of an AFP employee, the retirement of an AFP employee or the termination of the employment of an AFP employee or in relation to the appointment or the termination of the appointment of a special member of the Australian Federal Police;

61 Subsection 5(1)

Insert:

senior executive AFP employee has the same meaning as in the Australian Federal Police Act 1979 .

62 Subsection 5(1) (definition of staff member )

Repeal the definition, substitute:

staff member , in relation to the Australian Federal Police, means an AFP employee who is not a member of the Australian Federal Police.

63 Subsection 6N(2)

Omit "staff members of the Australian Federal Police", substitute "AFP employees who are not members of the Australian Federal Police".

64 Paragraph 47(b)

Omit "a member or staff member of the Australian Federal Police", substitute "the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police".

Witness Protection Act 1994

65 Section 3

Insert:

AFP employee has the same meaning as in the Australian Federal Police Act 1979 .

66 Section 3 (definition of designated position )

Omit "a member or staff member", substitute "a Deputy Commissioner, an AFP employee or a special member of the Australian Federal Police".

67 Section 3 (definition of staff member )

Repeal the definition.

68 Subsection 4(1)

Omit "members and staff members", substitute "persons".

69 Subsection 9(3)

Omit "a member or a staff member", substitute "a person".

70 Subsection 12(1)

Omit "members or staff members", substitute "persons".

71 Subsection 13(1)

Omit "members and staff members", substitute "the Commissioner, a Deputy Commissioner, AFP employees and special members of the Australian Federal Police".

72 Paragraph 13(2)(b)

Omit "members or staff members", substitute "persons".

73 Paragraph 20(f)

Omit "members or staff members", substitute "the Commissioner, a Deputy Commissioner, AFP employees or special members of the Australian Federal Police".

74 Paragraph 22(2)(c)

Omit "any member or staff member", substitute "the Commissioner, a Deputy Commissioner, any AFP employee or any special member of the Australian Federal Police".

75 Subsection 25(1)

Omit "a member or a staff member", substitute "a person".

76 Subsection 25(2)

Omit "A member or a staff member", substitute "A person".

77 Subsection 25(2)

Omit "member or staff member", substitute "person".

78 Subsection 26(1)

Omit "a member or a staff member", substitute "a Deputy Commissioner, an AFP employee or a special member of the Australian Federal Police".

Workplace Relations Act 1996

79 Subsection 4(10)

Repeal the subsection.

80 At the end of section 4

Add:

: Note: Section 69B of the Australian Federal Police Act 1979 provides that this Act does not apply to certain matters relating to AFP employees.

81 Paragraph 5(3)(e)

Repeal the paragraph.

82 Clause 3 of Schedule 1

Repeal the clause.

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