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