australian-federal-police-legislation-amendment-act-2000.pdf, p.9
1 After section 3
australian-federal-police-legislation-amendment-act-2000.pdf, p.11
Definition of commissioned police officer
10 Subsection 4(1)
11 Subsection 4(1) (definition of commissioned rank)
australian-federal-police-legislation-amendment-act-2000.pdf, p.12
12 Subsection 4(1)
13 Subsection 4(1) (definition of maximum age)
Definition of Australian Federal Police member
14 Subsection 4(1)
...an AFP employee in respect of whom a declaration under section 40B is in force.
Repeal definition of non-commissioned rank
15 Subsection 4(1) (definition of non-commissioned rank)
16 Subsection 4(1)
17 Subsection 4(1)
18 Subsection 4(1)
Imposes prohibition on testing for prohibited drugs
Classifies drug test as a prohibited drug test
australian-federal-police-legislation-amendment-act-2000.pdf, p.13
Definition of senior executive AFP employee
19 Subsection 4(1)
australian-federal-police-legislation-amendment-act-2000.pdf, p.10
2 Subsection 4(1) (definition of adjustment payment)
Substitutes a new definition for adjustment payment
Repeal definition of commissioned police officer
20 Subsection 4(1) (definition of senior executive
21 Subsection 4(1)
22 Subsection 4(1) (definition of special member)
23 Subsection 4(1) (definition of staff member)
australian-federal-police-legislation-amendment-act-2000.pdf, p.17
23 Employer powers etc. of Commissioner
The Commissioner has all the rights, duties and powers of an employer in respect of AFP employees.
23(1) Employer powers etc. of Commissioner
The Commissioner has rights, duties and powers.
Rights and duties of the Commissioner regarding AFP employees.
23(2) Employer powers etc. of Commissioner
The rights and duties apply during employment.
Rights and duties apply during employment.
(2) Without limiting subsection (1), the Commissioner has, in respect of AFP employees...
The rights and duties are recognized by AI.
The rights and duties diffuse to employees.
The rights and duties are traceable to employment.
Rights and duties are traceable to employment.
24 After section 4
australian-federal-police-legislation-amendment-act-2000.pdf, p.18
24 Engagement of AFP employees
The Commissioner may engage persons as employees subject to conditions.
24(1) Engagement of AFP employees
Permission to engage persons as employees.
24(2) Engagement of AFP employees
Imposes a duty on the State to notify conditions for engaging AFP employees
Conditions for engagement of AFP employees may vary beyond those implied by subsection (2)
24(3) Engagement of AFP employees
Temporal relationship between subsection (2) and variation in engagement conditions
Subsection (2) does not limit the conditions that may be applied to the engagement of an AFP employee
Classification of engagement conditions as varying beyond those implied by subsection (2)
Conditions for engagement are classified as varying beyond those implied by subsection (2)
Permitted variation in engagement conditions
Validation of classification of engagement conditions
Commissioner must not engage non-Australian citizens as AFP employees.
24(4) Engagement of AFP employees
Commissioner must not engage non-Australian citizens during this period.
Temporal interval: Commissioner's engagement period
Commissioner engages Australian citizens during this period.
Commissioner must not engage non-Australian citizens unless considered appropriate.
Conditional decision: Commissioner's judgment
Commissioner considers it appropriate to engage non-Australian citizens.
Commissioner must not engage non-Australian citizens.
Commissioner must engage Australian citizens.
Conditional diffusion: Commissioner's decision
Exemption from engagement for overseas duties
24(5) Engagement of AFP employees
25 Subsection 5(2)
Commissioner may declare an AFP employee a senior executive AFP employee.
25 Senior executive AFP employees
Law provision refers to a member of the Australian Federal Police holding a particular rank.
25(2) Subsection 5(2)
The provision applies during the period when the declaration is in force.
(2) If: (a) a provision of a law is, by virtue of subsection (1), to be read as referring to a member of the Australian Federal Police holding a particular rank; and
(the provision of the law is to be read as referring to the member to whom the declaration applies.)
Refers to a member of the Australian Federal Police holding a particular rank.
The Commissioner may declare a member's rank.
25(3) Subsection 5(2)
australian-federal-police-legislation-amendment-act-2000.pdf, p.14
Repeal heading and substitute with new text.
26 Part II (heading)
australian-federal-police-legislation-amendment-act-2000.pdf, p.19
Employment is taken to be continuous if engaged under section 24 for a period and re-engaged immediately after the end of that period.
26 Continuous employment
Continuous employment implies obligation to provide continuous service
27 Division 1 of Part II (heading)
27 Remuneration and other conditions
Determination of remuneration and terms for AFP employees
27(1) Remuneration and other conditions
May adopt or incorporate provisions of an award or certified agreement
27(2) Remuneration and other conditions
Overrules determination under subsection (1) to the extent of any inconsistency.
27(3) Remuneration and other conditions
Applies to temporal interval of subsection (1)
(3) An award, a certified agreement or an Australian workplace agreement overrides any determination under subsection (1), to the extent of any inconsistency.
Applies to knowledge graph of Australian workplace agreements
Permits overriding a determination under subsection (1)
Applies to diffusion of Australian workplace agreements
Applies to recurring trace of Australian workplace agreements
Award has the same meaning as in the Workplace Relations Act 1996.
27(4) Remuneration and other conditions
Same meaning as in the Workplace Relations Act 1996.
Repeal section and substitute with new text.
28 Section 6
australian-federal-police-legislation-amendment-act-2000.pdf, p.20
The Commissioner may terminate employment by notice in writing.
28 Termination of employment by Commissioner
Repeal and substitute paragraph 9(1)(a) with new powers and duties for constables.
29 Paragraph 9(1)(a)
3 Subsection 4(1)
australian-federal-police-legislation-amendment-act-2000.pdf, p.15
Repeal paragraph 9(1)(c) and substitute with new obligations.
30 Paragraph 9(1)(c)
30 Resignation
Written notice of resignation and effective date
Employee must give written notice of resignation and specify the effective date.
30(1) Resignation
Cannot be earlier than 14 days or later than 4 months after notice is given to the Commissioner.
30(2) Resignation
must be within a certain range after notice is given to the Commissioner.
(2) The day specified in a notice under paragraph (1)(a)
Temporal interval classification with cognitive AI
must not be earlier than 14 days or later than 4 months after notice is given to the Commissioner.
Temporal interval classification with diffusion
Temporal interval classification with ordering
Repeal and substitute a reference to an officer of police with a member of a particular rank.
31 Paragraph 9(2)(b)
31 Retirement upon reaching minimum retiring age
31(1) Retirement upon reaching minimum retiring age
Minimum retiring age is 55 years, or as prescribed by regulations.
31(2) Retirement upon reaching minimum retiring age
32 After subsection 9(2)
australian-federal-police-legislation-amendment-act-2000.pdf, p.21
32 Retirement on invalidity grounds
Commissioner may retire employee by notice if employee consents.
32(1) Retirement on invalidity grounds
Employee may consent to retirement under subsection (1)
32(2) Retirement on invalidity grounds
Certification of incapacity is required for retirement on invalidity grounds.
32(3) Retirement on invalidity grounds
The person is taken, for the purposes of the Safety, Rehabilitation and Compensation Act 1988 and the Superannuation Act, to have been retired under this section on the day on which the initial period ended.
Defines the temporal interval for retirement on invalidity grounds
(3) If: (a) a person is engaged as an AFP employee under section 24 for a period; and (b) the person completes that period of engagement (the initial period); and (c) the person is not re-engaged under that section for a further period starting immediately after the end of the initial period;
The Commissioner certifies in writing that the person’s physical or mental incapacity was the only reason why the person was not so re-engaged.
Establishes the condition for retirement on invalidity grounds
(a) a person is engaged as an AFP employee under section 24 for a period; and (b) the person completes that period of engagement (the initial period); and (c) the person is not re-engaged under that section for a further period starting immediately after the end of the initial period;
The Commissioner's certification is required for retirement on invalidity grounds.
Identifies the subject of the obligation
The person is taken to have been retired under this section on the day on which the initial period ended.
Establishes a temporal relationship between the initial period and the certification of incapacity
Commonwealth Superannuation Board of Trustees No. 2 must give a certificate under section 54C of the Superannuation Act 1976 for an AFP employee to be retired on invalidity grounds.
32(4) Retirement on invalidity grounds
Age greater than or equal to maximum retiring age
Maximum retiring age within the meaning of the Superannuation Act 1976
Certificate under section 54C must be given
Section 54C of the Superannuation Act 1976
Certificate under section 54C must be given for retirement on invalidity grounds
Not capable of being retired on the ground of invalidity unless a certificate is given
Certificate under section 54C must be given for an AFP employee to be retired on invalidity grounds
Section 32(4) of the Superannuation Act 1990
AFP employee must provide a certificate from the Commonwealth Superannuation Board of Trustees No. 1 to be retired on invalidity grounds.
32(5) Retirement on invalidity grounds
Declares a member's rank for purposes of subparagraph (1)(a)(ii)
32(2A) After subsection 9(2)
...for the purposes of subparagraph (1)(a)(ii)
Defines a temporal interval for rank declaration
(2A) The Commissioner may, by writing...
...a member is of a particular rank for the purposes of subparagraph (1)(a)(ii)
Justifies the declaration of a rank obligation
Infers the implications of rank declaration
Propagates the declaration of a rank obligation
Commissioner may declare member's rank for purposes of subsections.
32(2B) After subsection 9(2)
(2B) Commissioner may declare member's rank.
(2A) declaration is in force under subsection (2A)
Ceases to be in force when the declaration under subsection (2A) ceases to be in force.
32(2C) After subsection 9(2)
australian-federal-police-legislation-amendment-act-2000.pdf, p.16
Omit specific language from a provision.
33 Section 12
australian-federal-police-legislation-amendment-act-2000.pdf, p.22
33 Time when retirement on invalidity grounds takes effect
Employee's retirement takes effect on the specified day after notice is given.
33(1) Time when retirement on invalidity grounds takes effect
Retirement takes effect on specified day
Notice informing employee of right to apply for review of Commissioner's decision
Employee must be informed of right to review retirement decision within a specified period.
33(2) Time when retirement on invalidity grounds takes effect
Regulations regarding the timing of retirement on invalidity grounds
33(3) Time when retirement on invalidity grounds takes effect
Regulations may make provision for review of decisions to retire AFP employees under subsection 32(1)
33(4) Time when retirement on invalidity grounds takes effect
Regulations may make provision for giving written reasons and a copy of those reasons to the AFP employee concerned.
33(5) Time when retirement on invalidity grounds takes effect
34 Paragraph 12(a)
australian-federal-police-legislation-amendment-act-2000.pdf, p.24
34 Voluntary retirement for the purposes of the Superannuation Act
Employee must retire voluntarily if resigning between ages 55 and 60.
34(1) Voluntary retirement for the purposes of the Superannuation Act
...he or she is taken, for the purposes of the Superannuation Act, to have retired voluntarily.
Resignation must occur between ages 55 and 60.
(b) the resignation takes effect on or after the day on which he or she reaches 55 but before he or she reaches 60;
Resignation implies voluntary retirement.
State permits voluntary retirement between ages 55 and 60.
Resignation must occur before reaching age 60.
Employee must retire voluntarily if terminated between ages 55 and 60.
34(2) Voluntary retirement for the purposes of the Superannuation Act
he or she is taken, for the purposes of the Superannuation Act, to have retired voluntarily.
Temporal interval between ages 55 and 60
Classification of retirement as voluntary using AI
Conditional relationship between employment termination and retirement
34(3) Voluntary retirement for the purposes of the Superannuation Act
Substitute with Commissioner, Deputy Commissioner, or AFP employee.
Omit 'a staff member', substitute 'an AFP employee who is not a member'.
35 Paragraph 12E(1)(a)
australian-federal-police-legislation-amendment-act-2000.pdf, p.25
Commissioner may engage consultants or independent contractors.
35 Commissioner may engage consultants or independent
Substitute employees in a specific context
36 Paragraph 12E(1)(b)
36 Undertakings and oaths or affirmations
Oath or affirmation required for Deputy Commissioner before commencing duties
36(1) Undertakings and oaths or affirmations
Deputy Commissioner must enter into an undertaking and make oath or affirmation upon appointment.
36(2) Undertakings and oaths or affirmations
Enter into an undertaking and make oath or affirmation after declaration as a member.
36(3) Undertakings and oaths or affirmations
Obligation to enter into undertaking and make oath or affirmation.
Enter into an undertaking and make oath or affirmation upon appointment.
36(4) Undertakings and oaths or affirmations
Prohibition on re-appointment for a term immediately after the end of the previous appointment's term.
36(5) Undertakings and oaths or affirmations
Defines the temporal relationship between appointments
(5) For the purposes of subsections (1) and (2), appoint does not include re-appoint for a term that begins immediately after the end of the term of the last previous appointment.
Prohibits re-appointment for a specific term.
Limits re-appointment to prevent overlap with previous appointments
Defines the temporal scope of 're-appoint'
Omit 'a staff member', substitute 'an AFP employee'.
37 Subsection 12E(2)
australian-federal-police-legislation-amendment-act-2000.pdf, p.26
37 General administration and control
The Commissioner has the general administration of, and the control of the operations of, the Australian Federal Police.
37(1) General administration and control
The Commissioner has a duty to administer and control the Australian Federal Police.
The Minister may give written directions to the Commissioner regarding general policy.
37(2) General administration and control
The Minister may give written directions to the Commissioner regarding common services.
37(3) General administration and control
The Minister may give written directions.
Must comply with directions given under this section.
37(4) General administration and control
The Minister may make an arrangement with the appropriate Minister of a State for the provision or development of common services.
37(5) General administration and control
Reports to be provided by the Commissioner to the Minister
37(6) General administration and control
Definition of common services and Secretary
37(7) General administration and control
Secretary means the Secretary to the Department
common services includes services consisting of, or provided by means of...
38 Part III
australian-federal-police-legislation-amendment-act-2000.pdf, p.27
The Commissioner may issue orders with respect to the general administration of, and the control of the operations of, the Australian Federal Police.
38 Commissioner’s Orders
Repeal and substitute heading of Australian Federal Police Act 1979 Schedule 1
39 Part IV (heading)
australian-federal-police-legislation-amendment-act-2000.pdf, p.28
Compliance with Commissioner's Orders is mandatory.
39 Compliance with Commissioner’s Orders
3A Overview of Act
Defines the composition of the Australian Federal Police.
3A(1) Overview of Act
Commissioners and Deputy Commissioners are appointed by the Governor-General.
3A(2) Overview of Act
Commissioners and Deputy Commissioners are appointed.
(2) The Commissioner and Deputy Commissioners are appointed by the Governor-General.
The Commissioner may engage persons as AFP employees.
3A(3) Overview of Act
Members of the Australian Federal Police are members of the AFP.
3A(4) Overview of Act
The Commissioner and any Deputy Commissioner are members of the Australian Federal Police.
Commissioner may appoint special members to assist the Australian Federal Police.
3A(5) Overview of Act
The Commissioner has the general administration of and control of the operations of the Australian Federal Police.
3A(6) Overview of Act
The Commissioner has a duty to administer and control the operations of the Australian Federal Police.
3A(7) Overview of Act
4 Subsection 4(1) (definition of appoint)
Substitute "one or more Deputy Commissioners" for "a Deputy Commissioner"
40 Subsection 17(1)
Do not disobey or fail to carry out lawful directions, instructions, or orders.
40 Compliance with specific directions, instructions or orders
Lawful direction, instruction, or order given at any time.
Temporal relation between lawful directions, instructions, and orders.
An AFP employee or special member must not disobey or fail to carry out a lawful direction, instruction, or order given at any time.
Prohibition of disobedience and non-compliance.
Lawful direction, instruction, or order given by the Commissioner or a Deputy Commissioner.
Prohibition of disobedience and non-compliance under supervision.
Lawful direction, instruction, or order given by the AFP employee or special member under whose control, direction, or supervision they perform their duties.
Non-compliance with lawful directions, instructions, and orders is diffused.
Diffusion of non-compliance with lawful directions, instructions, and orders.
Non-compliance with lawful directions, instructions, and orders is recurring.
Recurring trace of non-compliance with lawful directions, instructions, and orders.
40A Self-incrimination
AFP employee or special member must provide information under section 39 or 40.
40A(1) Self-incrimination
Employee's self-incrimination information is not admissible in evidence against them, except for disciplinary proceedings.
40A(2) Self-incrimination
The State must not use self-incrimination information against employees in disciplinary proceedings.
Imposes a duty on the State to not use self-incrimination information against employees in certain circumstances.
The State is required to protect employee rights.
Employees may refuse self-incrimination information in disciplinary proceedings.
Grants permission to employees to refuse self-incrimination information in certain circumstances.
Employees have the right to refuse self-incrimination information.
The State may not use self-incrimination information against employees in disciplinary proceedings.
Prohibits the use of self-incrimination information against employees in certain circumstances.
The State must not use self-incrimination information against employees.
Employees are entitled to refuse self-incrimination information in disciplinary proceedings.
Creates a right for employees to refuse self-incrimination information in certain circumstances.
Establishes a duty on the State to protect employee rights.
The State has a responsibility to protect employees.
No self-incrimination for testing purposes
40A(3) Self-incrimination
Establishes obligation to provide relevant information for testing
australian-federal-police-legislation-amendment-act-2000.pdf, p.29
40B AFP employees who are members of the Australian Federal
Commissioner may specify competency and qualification requirements by written determination.
40C Determination of competency or qualification requirements
40D Commissioned police officers
The Governor-General may declare a member to be a commissioned police officer.
40D(1) Commissioned police officers
Declaration of commission is an obligation.
Recommendation from Commissioner required before declaring a member as a commissioned police officer.
40D(2) Commissioned police officers
The recommendation is necessary for the declaration to occur during this time period.
The recommendation from Commissioner must be received before the Governor-General makes a declaration.
The recommendation from Commissioner is necessary for the declaration to occur.
A declaration can only be made if the recommendation from Commissioner is provided.
The recommendation from Commissioner must be processed by AI for the declaration to occur.
A declaration can only be made if the recommendation is provided.
Requires recommendation from Commissioner
The Minister must have received a recommendation.
The recommendation from Commissioner must be disseminated to others for the declaration to occur.
The Commissioner must recommend a member for commission only if they are competent and qualified.
40D(3) Commissioned police officers
...he or she is satisfied that the member is, in accordance with the regulations, competent and qualified.
The recommendation must be made at least when the member meets the qualifications.
The Commissioner may make such a recommendation only if...
The recommendation is related to the qualifications of the member.
The Commissioner has a duty to recommend members for commission.
The recommendation is conditional on the Commissioner's satisfaction.
Commissioner may declare a member commissioned police officer upon authorization.
40D(4) Commissioned police officers
...the Commissioner or Deputy Commissioner may declare a member...
Authorization must be prior to declaration.
(4) If the Governor-General, in writing, authorises...
...the Commissioner or Deputy Commissioner may...
Authorization is necessary for declaration.
Commissioner or Deputy Commissioner must declare a member competent and qualified to be a commissioned police officer.
40D(5) Commissioned police officers
Governor-General's power not limited by authorisation
40D(6) Commissioned police officers
australian-federal-police-legislation-amendment-act-2000.pdf, p.30
40E Special members
Commissioner may appoint a person as a special member of the Australian Federal Police.
40E(1) Special members
Special members have powers and duties during appointment.
40E(2) Special members
40F Secondment of AFP employees to other police forces etc.
Secondment of AFP employees to other police forces etc.
40F(1) Secondment of AFP employees to other police forces etc.
Consultation required before terminating a secondment
40F(2) Secondment of AFP employees to other police forces etc.
(2) The Commissioner may at any time terminate a secondment...
Guidelines for secondment of AFP employees to foreign countries or other bodies
40F(3) Secondment of AFP employees to other police forces etc.
Minister must consult Commissioner about guidelines before giving them.
40F(4) Secondment of AFP employees to other police forces etc.
...before giving them to the Commissioner.
Cannot arrange for AFP employee to be seconded outside Australia without guidelines.
40F(5) Secondment of AFP employees to other police forces etc.
australian-federal-police-legislation-amendment-act-2000.pdf, p.31
40G Effect of secondment on status as AFP employee etc.
40G(1) Effect of secondment on status as AFP employee etc.
Remains subject to same obligations and liabilities in relation to discipline
40G(2) Effect of secondment on status as AFP employee etc.
Rights and powers of an AFP employee unaffected by secondment
40G(3) Effect of secondment on status as AFP employee etc.
No obligation to relinquish rights and powers
...or liabilities in relation to discipline...
No prohibition on exercising rights and powers
australian-federal-police-legislation-amendment-act-2000.pdf, p.32
40H Assignment of duties etc.
Determination of duties and places for AFP employees
40H(1) Assignment of duties etc.
Duties to meet special operational needs
40H(2) Assignment of duties etc.
Commissioner may determine accommodation arrangements for employee performing special operational duties.
40H(3) Assignment of duties etc.
Permission to determine accommodation arrangements.
australian-federal-police-legislation-amendment-act-2000.pdf, p.33
Suspension from duties of AFP employees may be provided.
40J Suspension from duties etc.
40K Termination of employment for serious misconduct
Termination of employment for serious misconduct
40K(1) Termination of employment for serious misconduct
Declaration must be made within 24 hours of decision to terminate employment.
40K(2) Termination of employment for serious misconduct
Declaration must be made within 24 hours
Commissioner must give copy of declaration to AFP employee
Definition of serious misconduct for termination of employment
40K(3) Termination of employment for serious misconduct
australian-federal-police-legislation-amendment-act-2000.pdf, p.34
40L Financial statements
The Commissioner may give a written direction requiring an AFP employee or special member to provide a statement.
40L(1) Financial statements
Financial statements must be provided in a specified form and manner, with accompanying documents.
40L(2) Financial statements
Obligation to provide financial statements
Must provide financial statement within 2 months
40L(3) Financial statements
Commissioner may grant extension of time for giving statement in special circumstances.
40L(4) Financial statements
Commissioner may grant extension of time
Must provide financial statement despite potential incrimination or penalty
40L(5) Financial statements
No admissible in evidence against person in proceedings for disciplinary offence.
40L(6) Financial statements
Prohibits admissible evidence in certain proceedings.
(6) However, any statement so given is not admissible in evidence against the person in any proceedings...
Permits admissible evidence for certain purposes.
Imposes duty on persons to follow provision.
australian-federal-police-legislation-amendment-act-2000.pdf, p.35
40M General testing of AFP employees or special members for
A person authorized may give a written direction requiring an AFP employee or special member to undergo a breath test or provide a body sample for a prohibited drug test.
40M(1) General testing of AFP employees or special members for
Requires the person to provide a breath test or body sample
Provide blood sample if breath test indicates alcohol presence
40M(2) General testing of AFP employees or special members for
Grant permission to provide blood sample
Must comply with direction given under this section.
40M(3) General testing of AFP employees or special members for
australian-federal-police-legislation-amendment-act-2000.pdf, p.36
40N Testing of AFP employees or special members for alcohol and
40N(1) Testing of AFP employees or special members for alcohol and
A person authorized may give a member or special member a written direction requiring them to undergo a breath test or provide a body sample for a prohibited drug test.
40N(2) Testing of AFP employees or special members for alcohol and
Must provide direction by authorized person after incident.
40N(3) Testing of AFP employees or special members for alcohol and
Require AFP employee or special member to provide blood sample for test.
40N(4) Testing of AFP employees or special members for alcohol and
Must comply with a direction given under this section.
40N(5) Testing of AFP employees or special members for alcohol and
australian-federal-police-legislation-amendment-act-2000.pdf, p.38
Regulations may make provision in relation to the authorisation of persons to give directions under sections 40M and 40N.
40P Regulations
Authorisation of persons to give directions
Exemptions from admissibility in certain proceedings
40Q Admissibility of test results etc. in legal proceedings
41 Subsections 17(5) and (6)
australian-federal-police-legislation-amendment-act-2000.pdf, p.40
Definition of old law member or staff member
41A Old law members or staff members
Omit specific action under subsection 25(1A)
42 Subsection 18(2)
43 Subsection 19(1)
44 Subsection 20(2B)
45 Divisions 2 and 3 of Part IV
Repeal Part and substitute with new provision
46 Part V
australian-federal-police-legislation-amendment-act-2000.pdf, p.39
Defines 'changeover day' as the commencement date of Schedule 1 to the Australian Federal Police Legislation Amendment Act 1999.
47 Section 41
48 Section 41 (definition of corruption offence)
Omit 'office as such a member or staff member, as the case may be', substitute 'office as such a person'
49 Section 41 (paragraph (a) of the definition of corruption
Commissioner may specify prohibited drugs
4A Commissioner may specify prohibited drugs
Australian workplace agreement has the same meaning as in the Workplace Relations Act 1996.
5 Subsection 4(1)
Definition of Australian workplace agreement
Substitute “such a person” for “such a member or staff member” in the definition of corruption offence.
50 Section 41 (paragraph (b) of the definition of corruption
Replaces a placeholder with a specific value.
Amendment of the Australian Federal Police Act 1979
51 Section 41
52 After section 41
australian-federal-police-legislation-amendment-act-2000.pdf, p.42
52 Person ceases to be an AFP employee: persons charged with
Suspension without pay for AFP employees charged with disciplinary offenses
52(1) Person ceases to be an AFP employee: persons charged with
Person cannot pay employee contributions under a superannuation scheme after cessation day.
52(2) Person ceases to be an AFP employee: persons charged with
...pay employee contributions under any superannuation scheme of which he or she is a member on or after the cessation day.
Defines temporal interval for paying employee contributions
(2) If subsection (1) applies in relation to a person, the person must not...
Implicates that paying employee contributions is not allowed after cessation day
Classifies entities as persons who must not pay employee contributions
Spreads prohibition to all persons affected by subsection (1)
Person ceases to be an AFP employee under certain circumstances.
52(3) Person ceases to be an AFP employee: persons charged with
Person ceases to be an AFP employee under certain conditions.
52(4) Person ceases to be an AFP employee: persons charged with
Clarifies cessation of AFP employee status
52(5) Person ceases to be an AFP employee: persons charged with
Repeal paragraph and substitute with charging certain individuals with an offence.
53 Paragraph 43(1)(a)
Prohibits charging certain individuals with an offence.
Conviction of certain individuals is an obligation.
54 Paragraph 44(a)
Omit 'a member or a staff member of the Australian Federal Police' and substitute 'an AFP employee'.
55 Subsection 47(2)
56 Subsection 47(3)
Repeal paragraph, substitute specific conditions for AFP employees and old law members.
57 Paragraph 47(3)(a)
Imposes a duty on the State to repeal and substitute specific conditions.
australian-federal-police-legislation-amendment-act-2000.pdf, p.41
58 Paragraph 47(3)(b)
Substitution of terms in subsection 47(3)
59 Subsection 47(3)
Defines blood test as a test to determine alcohol levels in a person's blood.
6 Subsection 4(1)
6 Constitution of the Australian Federal Police
60 Subsection 48(1)
Substitute 'if a person who is an AFP employee' for 'where a member or staff member'
61 Subsection 49(1)
Substitute 'if a person who is an AFP employee'
Replace 'member or staff member' with 'person'
62 Paragraph 49(1)(a)
63 Paragraph 49(1)(b)
Cease being an AFP employee upon charge or retirement.
64 Paragraphs 51(1)(b) and (c)
65 Paragraph 51(3)(a)
Avoids cessation of AFP employee status after initial engagement period
66 At the end of section 51
Repeal section and substitute with new provision
67 Section 52
australian-federal-police-legislation-amendment-act-2000.pdf, p.43
68 Section 60
australian-federal-police-legislation-amendment-act-2000.pdf, p.46
68 Proof of appointment, status of member etc.
Proof of appointment, status of member etc.
Certification of appointment and status of member
68(1) Proof of appointment, status of member etc.
The person has been appointed as a Deputy Commissioner
Certification of member's appointment and status
68(2) Proof of appointment, status of member etc.
Certification of special member appointment details
68(3) Proof of appointment, status of member etc.
Conclusive evidence of certificate under this section
Commissioner must certify a person's membership status.
68(4) Proof of appointment, status of member etc.
Commissioner has an obligation to certify a person's membership status.
68(5) Proof of appointment, status of member etc.
Repeal subsection, substitute with new definition for certain individuals.
69 Subsection 60A(1)
australian-federal-police-legislation-amendment-act-2000.pdf, p.47
Must do without patronage or favouritism when engaging AFP employees.
69 Prohibition of patronage and favouritism
Prohibition of patronage and favouritism
australian-federal-police-legislation-amendment-act-2000.pdf, p.48
69A Persons engaged overseas as employees
The Commissioner may engage persons overseas as employees.
69A(1) Persons engaged overseas as employees
The Commissioner has all the rights, duties and powers of an employer.
69A(2) Persons engaged overseas as employees
The Commissioner has the right to act as an employer.
Commissioner's power to engage persons overseas is not limited by this section.
69A(3) Persons engaged overseas as employees
69B Limited operation of Workplace Relations Act
69B(1) Limited operation of Workplace Relations Act
The Workplace Relations Act 1996 does not apply to the termination of employment of AFP employees.
69B(2) Limited operation of Workplace Relations Act
Exemptions from Workplace Relations Act 1996
69B(3) Limited operation of Workplace Relations Act
(a) that is not mentioned in this section; and (b) to which the Workplace Relations Act 1996 would not otherwise apply.
Delegation of powers, functions or duties to a Deputy Commissioner, AFP employee or special member.
69C Delegation
australian-federal-police-legislation-amendment-act-2000.pdf, p.49
69D Secondment of persons to assist the Australian Federal Police
The Commissioner may arrange for a person to assist the Australian Federal Police.
69D(1) Secondment of persons to assist the Australian Federal Police
Terms and conditions for persons assisting the Australian Federal Police must be specified in an agreement.
69D(2) Secondment of persons to assist the Australian Federal Police
Imposes a duty on the Australian Federal Police to specify terms and conditions in an agreement.
Defines body sample as human biological fluid, tissue, or breath
7 Subsection 4(1)
Establishes a standard for what constitutes a body sample
Classifies body sample into specific categories
australian-federal-police-legislation-amendment-act-2000.pdf, p.44
70 Subsection 61(1)
71 Subsection 62(1)
Repeal penalty, substitute imprisonment for 12 months.
72 Subsection 62(1) (penalty)
73 Subsection 62(2)
Insert 'or special member' after 'member'
74 Section 63
75 Section 63 (penalty)
Insertion of 'or special member' after 'member'
76 Subsection 64(1)
Insert “or special member” after “member”.
77 Subsection 64(2)
Must hold a rank declared by regulations to be applicable.
78 Subsection 64A(1)
australian-federal-police-legislation-amendment-act-2000.pdf, p.45
79 Subsection 64A(1) (penalty)
Defines breath test as a test to determine alcohol in blood
8 Subsection 4(1)
Modify suspension rules for AFP employees
80 Subsection 64AA(1)
81 Subsection 64AA(2)
82 Paragraph 64B(5)(a)
Omit specific language from existing provision.
83 Subsection 66(1)
Omit specific language from subsection 66(2)
84 Subsection 66(2)
Repeal section and substitute with Schedule 1 amendment of the Australian Federal Police Act 1979
85 Section 68
86 Paragraph 70(a)
87 At the end of paragraph 70(a)
88 Paragraph 70(aa)
89 At the end of paragraph 70(aa)
9 Subsection 4(1)
Omit '$500', substitute '5 penalty units'
90 Paragraph 70(b)
91 At the end of paragraph 70(b)
Requiring AFP employees to make and subscribe oaths or affirmations of secrecy.
92 At the end of section 70
Obligation to make and subscribe oaths or affirmations of secrecy.
Permission to make deductions from salary to satisfy judgment debt.
australian-federal-police-legislation-amendment-act-2000.pdf, p.51
93 Sections 72 and 73
94 Section 76
Insertion of section reference after section 72
95 Section 77
96 Sections 78 and 79
australian-federal-police-legislation-amendment-act-2000.pdf, p.52
1 Paragraphs (z) and (za) of Schedule 2
Prohibits actions under section 28, 40F or 40H of the Australian Federal Police Act 1979 and Archives Act 1983
australian-federal-police-legislation-amendment-act-2000.pdf, p.53
Omit 'a senior member', substitute 'an authorised member'.
10 Subsection 6B(1)
Defines authorised member for purposes of subsection (1)
11 Subsection 6B(7)
Omit 'General Orders and General Instructions', substitute 'Commissioner's Orders'.
12 Subsection 21(5)
australian-federal-police-legislation-amendment-act-2000.pdf, p.54
Omit specific action from AFP appointees
13 Subsection 52B(2)
Prohibits reducing an AFP appointee to a lower rank or level
14 Paragraph 52B(3)(a)
Prohibits reducing appointee to lower rank.
15 Subsection 53(3)
Prohibits reducing an AFP appointee to a lower rank or level.
Omit specific phrase from Crimes Act 1914
16 Subsection 67(7)
Prohibits reducing appointee to lower rank
Repeal definition of Assistant Commissioner
17 Subsection 3(1) (definition of Assistant Commissioner)
Repeal of paragraph and substitution with new definition
18 Subsection 3(1) (paragraph (b) of the definition of
Repeal of paragraph and substitution with a new definition
19 Subsection 3(1) (paragraph (a) of the definition of law
Repeal and substitute a subparagraph with a new definition.
2 Subparagraph 47(2)(a)(iiia)
Defines senior executive AFP employee term
20 Subsection 3(1)
Defines a term with an obligation to provide its meaning
australian-federal-police-legislation-amendment-act-2000.pdf, p.55
Authorise senior executive AFP employee to perform specific task
21 Paragraph 15J(a)
Omit 'an Assistant Commissioner', substitute 'a senior executive AFP employee authorised in writing under section 15J'
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)
Prohibits the use of 'an Assistant Commissioner'
Repeal of paragraph (b) of the definition of authorized person
24 Subsection 3(1) (paragraph (b) of the definition of
25 Subsection 2(1)
Insert: AFP employee has the same meaning as in the Australian Federal Police Act 1979.
AFP employee has the same meaning as in the Australian Federal Police Act 1979.
Substitute 'an AFP employee' for 'a member or staff member of the AFP'
26 Subsection 7(1)
australian-federal-police-legislation-amendment-act-2000.pdf, p.56
Omit certain individuals from the definition of Australian Federal Police employees.
27 Section 13
Prohibits certain individuals from being considered Australian Federal Police employees.
Repeal of paragraph (g) and substitution with new definition
28 Subsection 4(1) (paragraph (g) of the definition of
Repeal paragraphs (b) and (c) of the definition of authorised person.
29 Subsection 171(3) (paragraphs (b) and (c) of the definition
Prohibits AFP employees and special members from being authorised persons.
AFP employee or special member within the meaning of the Australian Federal Police Act 1979.
Replace paragraph with a new definition of the Australian Federal Police
3 Paragraph 23(d)
Omit specific term from Australian Federal Police Act
30 Subsection 180(1)
australian-federal-police-legislation-amendment-act-2000.pdf, p.57
Repeal the definition of Australian Federal Police
31 Part 1 of the Dictionary (definition of member of the
32 Part 1 of the Dictionary (paragraph (a) of the definition of
33 Subsection 10(2A)
34 Subparagraph 85(2)(k)(i)
Omit outdated police rank from legislation.
35 Subsection 143(2)
australian-federal-police-legislation-amendment-act-2000.pdf, p.58
36 Subsection 8(2)
Omit “a member”, substitute “the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, or an AFP employee”.
37 Subsection 8(2) (definition of dangerous operation)
Prohibits the use of outdated terminology
38 Subsection 8(2) (definition of member)
39 Subsection 8(2) (definition of unauthorised person)
4 Subsection 3(1) (definition of AFP appointee)
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).
Replace the paragraph with a new obligation regarding the Commissioner of the Australian Federal Police.
40 Paragraph 9(2)(a)
Omit certain language from the Australian Federal Police or Defence Force
41 Subsection 9(2)
Repeal paragraph, substitute with new definition of Commonwealth officer
42 Subsection 6(1) (paragraph (d) of the definition of
australian-federal-police-legislation-amendment-act-2000.pdf, p.59
Treat certain actions as done or disclosed by the Australian Federal Police
43 Paragraph 8(1)(c)
Imposes an obligation on the Australian Federal Police
Substitute a Deputy Commissioner or AFP employee with the same meaning as the Australian Federal Police Act 1979.
44 Paragraph 9(2)(b)
Repeal and substitute a provision with an obligation to perform duties as specified.
45 Paragraph 10(2)(b)
Repeal paragraph, substitute with provision for AFP employees and special members.
46 Paragraph 11(2)(c)
Repeals paragraph, imposes obligation on AFP employees and special members.
australian-federal-police-legislation-amendment-act-2000.pdf, p.60
Repeal and substitute a specific employment option.
47 Paragraph 87(2)(d)
Prohibits service as a Deputy Commissioner of the Australian Federal Police or employment as an AFP employee.
Repeal and substitute certain employment terms.
48 Paragraph 87J(2)(b)
Repeal and substitute a definition related to the Australian Federal Police.
49 Section 5 (paragraph (d) of the definition of
5 Subsection 3(1)
Replace Commissioner of Australian Federal Police with Deputy Commissioner or AFP employee
50 Paragraph 5(2)(a)
australian-federal-police-legislation-amendment-act-2000.pdf, p.61
51 Subsection 5(2)
52 Subsection 3(1) (definition of member)
53 Paragraph 82(3)(c)
54 Paragraph 84(5)(b)
55 Subparagraph 84(6)(b)(iii)
Replace 'member or staff member of the Australian Federal Police' with 'AFP employee'
56 Subsection 3(5A)
Replace 'a member, or staff member' with 'an AFP employee'
57 Section 10
australian-federal-police-legislation-amendment-act-2000.pdf, p.62
58 Subsection 5(1)
Authorisation required for senior executive AFP employee to perform duties
59 Subsection 5(1) (paragraph (a) of the definition of
Authorisation is valid within this time frame
Authorisation is valid during this period
Senior executive AFP employee can perform duties
Senior executive AFP employee has permission to perform duties
Senior executive AFP employee is authorised in writing by the Commissioner of Police
6 Subsection 3(1) (definition of Federal police officer)
Repeal and substitute a subparagraph with a new provision related to the Australian Federal Police Act 1979.
60 Subsection 5(1) (subparagraph (b)(iia) of the definition of
Defines a term for senior executive AFP employee
61 Subsection 5(1)
Definition of staff member for Australian Federal Police
62 Subsection 5(1) (definition of staff member)
australian-federal-police-legislation-amendment-act-2000.pdf, p.63
Omit staff members of the Australian Federal Police, substitute AFP employees who are not members of the Australian Federal Police.
63 Subsection 6N(2)
Omit certain titles from witnesses in the Australian Federal Police.
64 Paragraph 47(b)
65 Section 3
66 Section 3 (definition of designated position)
67 Section 3 (definition of staff member)
Substitute “persons” for “members and staff members”.
68 Subsection 4(1)
69 Subsection 9(3)
Definition of authorised appointee modified to use 'Commissioner's Orders' instead of 'General Orders or General Instructions'.
7 Subsection 6(5) (definition of authorised appointee)
Substitute ‘persons’ for ‘members or staff members’.
70 Subsection 12(1)
australian-federal-police-legislation-amendment-act-2000.pdf, p.64
71 Subsection 13(1)
Replace 'members or staff members' with 'persons'
72 Paragraph 13(2)(b)
73 Paragraph 20(f)
74 Paragraph 22(2)(c)
Substitute “a person” for “a member or a staff member”.
75 Subsection 25(1)
Substitute “A person” for “A member or a staff member”.
76 Subsection 25(2)
Substitute “person” for “member or staff member”.
77 Subsection 25(2)
78 Subsection 26(1)
79 Subsection 4(10)
Repeal the definition of General Instructions
8 Subsection 6(5) (definition of General Instructions)
australian-federal-police-legislation-amendment-act-2000.pdf, p.65
Section 69B exemption from this Act applies to AFP employees.
80 At the end of section 4
81 Paragraph 5(3)(e)
82 Clause 3 of Schedule 1
9 Subsection 6(5) (definition of General Orders)
australian-federal-police-legislation-amendment-act-2000.pdf, p.66
1 Definitions
australian-federal-police-legislation-amendment-act-2000.pdf, p.72
Certificates under subsection 12A(4) of the Australian Federal Police Act 1979 apply retroactively.
10 Certificates under subsection 12A(4) of the Australian
Certificates under subsection 12A(4) apply retroactively in both directions.
Applicable to certificates given before and after the commencing time.
Subsection 12A(4) of the Australian Federal Police Act 1979
Certificates under subsection 12A(4) apply retroactively.
Applicable to certificates given before the commencing time.
Repeal of subsection 20(2B) does not affect the application of subsection 33(3)
11 Repeal of subsection 20(2B) of the Australian Federal
Repeal overlaps with existing instrument
Subsection 33(3) has an effect on instruments
australian-federal-police-legislation-amendment-act-2000.pdf, p.73
Repeal of section 39E does not affect operation of Superannuation Acts
12 Repeal of section 39E of the Australian Federal Police Act
Continuation of section 49 of the Australian Federal Police Act 1979
13 Continuation of section 49 of the Australian Federal Police
Applicability of amendments to persons charged with offences
14 Continuation of section 51 of the Australian Federal Police
Amendments apply to persons charged with offences
Continuation of section 52 of the Australian Federal Police Act 1979
15 Continuation of section 52 of the Australian Federal Police
16 Continuation of secrecy obligations
australian-federal-police-legislation-amendment-act-2000.pdf, p.74
Certificates under section 68 of the Australian Federal Police Act 1979 apply retroactively.
17 Certificates under section 68 of the Australian Federal
Certificates under section 68 are applicable both before and after the commencing time.
Applicable to certificates given under section 68 before and after the commencing time.
Section 68 of the Australian Federal Police Act 1979 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.
Certificates under section 68 are applicable by the Australian Federal Police.
Applicable to certificates given under section 68 by the Australian Federal Police.
Certificates under section 68 apply retroactively.
Applicable to certificates given under section 68.
Certificates under section 68 are part of the Australian Federal Police Act 1979.
Applicable to 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.
Certificates under section 68 are applicable at any time.
Applicable to certificates given under section 68 at any time.
References to staff member are taken to be references to AFP employee who is not a member.
18 References in statutory instruments to “staff member”
Regulations may be made in relation to the continuation of processes and suspensions.
19 Regulations
australian-federal-police-legislation-amendment-act-2000.pdf, p.67
Conversion of former members and staff members etc.
2 Conversion of former members and staff members etc.
australian-federal-police-legislation-amendment-act-2000.pdf, p.76
20 Definition
Amendment of the Administrative Decisions (Judicial Review) Act 1977
21 Amendment of the Administrative Decisions (Judicial
Amendments apply to action taken by AFP appointee at or after commencing time
22 Amendments of the Complaints (Australian Federal
Amends section 15U of the Crimes Act 1914 regarding certificates.
23 Amendment of the Crimes Act 1914
Defines temporal intervals for certificates
australian-federal-police-legislation-amendment-act-2000.pdf, p.77
Amendment of the Disability Discrimination Act 1992
24 Amendment of the Disability Discrimination Act 1992
25 Amendments of the Evidence Act 1995
australian-federal-police-legislation-amendment-act-2000.pdf, p.78
Amendment of section 10 of the Long Service Leave (Commonwealth Employees) Act 1976 does not affect its operation.
26 Amendment of the Long Service Leave (Commonwealth
27 Amendment of the Migration Act 1958
australian-federal-police-legislation-amendment-act-2000.pdf, p.79
Amendment of Occupational Health and Safety Act 1991 applies to certain persons
28 Amendment of the Occupational Health and Safety
Continuation of Act in relation to things done before the commencing time
29 Amendment of the Privacy Act 1988
australian-federal-police-legislation-amendment-act-2000.pdf, p.69
Classification as senior executive AFP employee
3 Classification as senior executive AFP employee
australian-federal-police-legislation-amendment-act-2000.pdf, p.80
Applicability of Radiocommunications Act 1992 to certificates issued under section 305
30 Amendment of the Radiocommunications Act 1992
...in the same way as it does to a certificate given under that section at or after the commencing time.
Temporal overlap between certificates issued before and after the commencing time
...at any time before the commencing time by a member or special member...
Applicability of the Act to certificates issued under section 305
The Radiocommunications Act 1992 as in force at and after the commencing time applies...
...in the same way as it does to a certificate issued under section 305 at any time before the commencing time.
Obligation to apply the Act to certificates issued under section 305 in the same way as it does to certificates given under that section
Permission to apply the Act to certificates issued under section 305 in the same way as it does to certificates given under that section
Recurring trace of certificates issued by members or special members before and after the commencing time
Amendments of the Safety, Rehabilitation and Compensation Act 1988 apply to certain individuals.
31 Amendments of the Safety, Rehabilitation and
Amends Telecommunications (Interception) Act 1979 regarding former certificates and documents.
32 Amendment of the Telecommunications (Interception) Act
australian-federal-police-legislation-amendment-act-2000.pdf, p.81
Former members or staff become permanent employees for the purposes of Superannuation Acts.
33 Former members or staff members become permanent
Obligation to provide permanent employment
australian-federal-police-legislation-amendment-act-2000.pdf, p.82
Authority continues to be executable after commencement time
34 Warrants or writs etc. may continue to be executed
Governor-General may make regulations on transitional or saving matters.
35 Regulations dealing with matters of a transitional or
australian-federal-police-legislation-amendment-act-2000.pdf, p.70
Amendments do not affect prior appointments.
4 Appointment of Commissioner or Deputy Commissioner
Continuation of arrangements under section 33 and 39C of the former Act.
5 Continuation of secondments
Determinations under subsection 30(1) of the former Act
6 Determinations under subsection 30(1) of the former Act
australian-federal-police-legislation-amendment-act-2000.pdf, p.71
Continuation of awards or certified agreements for Australian Federal Police members and staff
7 Continuation of awards or certified agreements
Provision continues to apply until earlier of certain days
Continues existing provisions for AFP members and staff
Award or certified agreement in force before commencing time
Determination under subsection 30(2) of the former Act continues in force.
8 Determinations under subsection 30(2) of the former Act
The determination overlaps with the commencing time.
Temporal overlap with the commencing time
(1) A determination under subsection 30(2) of the former Act...
The text traces the temporal history of the determination.
Termination of employment for pre-commencement misconduct
9 Misconduct
australian-federal-police-legislation-amendment-act-2000.pdf, p.8
1 Short title
2 Commencement
2(1) Commencement
2(2) Commencement
Requires temporal intervals for commencement
Conditional commencement within 6 months
Conditional commencement of Schedule 2 items
2(3) Commencement
Requires relation between temporal intervals
2(4) Commencement
3 Schedule(s)
An Act to amend the Australian Federal Police Act 1979 and other legislation, and for related purposes
Australian Federal Police Legislation Amendment Act 2000