australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.9
1 Subsection 3A(1)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.11
Definition of "protective service officer"
10 Subsection 4(1)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.14
Ensure appearance before court, prevent continuation or repetition of offence, preserve safety and welfare.
10 Australian Federal Police and Other Legislation Amendment Act
(i) ensuring the appearance of the person before a court of competent jurisdiction for the offence;
Prevent continuation or repetition of offence
(ii) preventing the continuation of, or a repetition of, the offence or the commission of a further protective service offence;
Prevent concealment, loss or destruction of evidence
(iii) preventing the concealment, loss or destruction of evidence of, or relating to, the offence;
(iv) preserving the safety or welfare of the person;
Definition of special protective service officer
11 Subsection 4(1)
Repeal heading and substitute with new text.
12 Division 1 of Part II (heading)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.16
12 Australian Federal Police and Other Legislation Amendment Act
12(3) Australian Federal Police and Other Legislation Amendment Act
Exempts good faith searches from liability
No excessive force or indignity during search
12(4) Australian Federal Police and Other Legislation Amendment Act
must not use more force, or subject an arrested person to greater indignity
(4) A protective service officer or other person who conducts a search
Classification of conduct as excessive force and indignity by AI
Prohibition of excessive force and indignity
Diffusion of prohibition through conduct
Recurring trace of conduct during search
12(5) Australian Federal Police and Other Legislation Amendment Act
(5) A protective service officer or other person who lawfully conducts a search under this section may seize:
Amendment of the Australian Federal Police Act 1979
13 At the end of section 6
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.12
Inserts duties for Minister to direct protective and custodial functions by notice in writing.
14 After paragraph 8(1)(bd)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.18
14 Australian Federal Police and Other Legislation Amendment Act
Arrests made by protective service officers are subject to sections 14B to 14F.
14(2) Australian Federal Police and Other Legislation Amendment Act
Conditional commencement of subsection (2) subject to sections 252 and 253 of the Migration Act 1958.
14(3) Australian Federal Police and Other Legislation Amendment Act
Powers and duties of protective service officers are not exclusive.
14(4) Australian Federal Police and Other Legislation Amendment Act
Protects individual rights and freedoms concurrently with other laws.
14(5) Australian Federal Police and Other Legislation Amendment Act
Applies to concurrent operation of laws.
Reference to specific sections of the Criminal Code.
141 Section 141
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.13
A protective service officer may arrest a person without warrant for a protective service offence if they believe on reasonable grounds that the person has committed or is committing the offence.
14A Powers of arrest
14B Use of force in making arrest etc.
14B(1) Use of force in making arrest etc.
Protective service officer must not cause death or grievous bodily harm unless necessary to protect life.
14B(2) Use of force in making arrest etc.
Prohibition of causing death or grievous bodily harm
14C Arrested person to be informed of grounds of arrest
Arrested person must be informed of grounds of arrest.
14C(1) Arrested person to be informed of grounds of arrest
Information about the substance of the offence
Informing the arrested person of the substance of the offence is sufficient compliance.
14C(2) Arrested person to be informed of grounds of arrest
Informing grounds of arrest is not required for protective service officers in certain circumstances.
14C(3) Arrested person to be informed of grounds of arrest
This provision overlaps with other provisions in Schedule 1.
Other provisions are also part of the schedule.
Protective service officers are exempt from informing the arrested person.
The person's actions make it impracticable for the officer to inform them.
Explanation of the substance of the offence that the person is able to understand
Protective service officer must inform arrested person of grounds for arrest if they are unable to understand due to language or disability.
14C(4) Arrested person to be informed of grounds of arrest
Reasonable grounds for believing the person is unable to understand
Continuous effort to ensure the person understands
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.15
14D Search of arrested person
Lawful arrest allows search of person and property.
14D(1) Search of arrested person
Right to conduct search upon lawful arrest.
Permitted conduct for search of arrested person
14D(2) Search of arrested person
14E How arrested person to be dealt with
Ensure delivery of arrested person to police officer for dealing with according to law.
14E(1) How arrested person to be dealt with
Delivery of arrested person occurs after arrest
Delivery of arrested person must occur after arrest
Protective service officer arrests a person for an offence
14E(2) How arrested person to be dealt with
14E(3) How arrested person to be dealt with
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.17
Protective service officer must release arrested person from custody.
14F Release of arrested person
Power of arrest is in addition to other laws
14G Relationship of Division to other laws
...powers of arrest available to protective service officers under any other law of the Commonwealth or the law of a State or Territory.
Definitions for designated person and police officer.
14H Definitions
Defines a class hierarchy for the terms 'designated person' and 'police officer'
Defines subclasses of 'designated person' and 'police officer'
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.19
14I Requirement to provide name etc.
Request to provide name, address and reason for presence
14I(1) Requirement to provide name etc.
Suspect must comply with request from designated person.
14I(2) Requirement to provide name etc.
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.20
14J Stopping and searching
Designated person may stop and search suspect
14J(1) Stopping and searching
(1) This section applies if a designated person suspects...
Designated person may stop and search suspect.
14J(2) Stopping and searching
Person permitted to stop and search suspect.
Designated person may delegate search to another of the same sex if reasonably available.
14J(3) Stopping and searching
Information about the type of search requested
Designated person must explain the meaning of a search to an officer or another person.
14J(4) Stopping and searching
Good faith and non-contravention of subsection (6) excuse liability for search conduct.
14J(5) Stopping and searching
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.22
14K Seizure of things found
14K(1) Seizure of things found
Designated person has obligation to seize thing
Seizure of weapons or things suspected to be used for harm
14K(2) Seizure of things found
Designated person must deliver thing into custody of police officer as soon as practicable.
14K(3) Seizure of things found
Obligation to deliver thing into custody of police officer.
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.23
14L How seized things must be dealt with
Police officer must serve seizure notice within 7 days after seizure day.
14L(1) How seized things must be dealt with
14L(2) How seized things must be dealt with
14L(3) How seized things must be dealt with
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.26
14M Application to magistrate
Police officer may apply to a magistrate for an order.
14M(1) Application to magistrate
Police officer has the right to apply to a magistrate.
Magistrate must allow owner to appear and be heard in application determination
14M(2) Application to magistrate
Magistrate must allow owner to appear and be heard
Magistrate may make orders to retain, forfeit, or sell a thing seized under certain circumstances.
14M(3) Application to magistrate
...for the period specified in the order:
The text specifies a temporal interval for the retention of a thing seized under subsection 14K(1).
(c) that the thing be retained by the police officer...
...the magistrate may make any of the following orders:
Magistrate prohibits the return of a thing seized under certain circumstances.
Magistrate authorizes the retention, forfeiture, or sale of a thing seized under certain circumstances.
Magistrate permits the return of a thing seized under certain circumstances.
(e) that the thing is to be sold and the proceeds...
Magistrate must order return of thing to owner if not satisfied.
14M(4) Application to magistrate
Temporal interval of satisfaction must be greater than or equal to temporal interval of return.
(4) If the magistrate is not satisfied as mentioned in subsection (3),
the magistrate must order that the thing be returned to the owner.
Magistrate must order return of thing to owner.
Temporal interval of satisfaction must be less than or equal to temporal interval of return.
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.27
No other laws can limit or exclude the operation of this Division.
14N Relationship of Division to other laws
15 After section 8
16 Subsection 12A(1)
A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
16 Australian Federal Police and Other Legislation Amendment Act
17 Subsection 12A(1)
18 Subsection 12A(1) (definition of police dog)
18 Australian Federal Police and Other Legislation Amendment Act
18(6) Australian Federal Police and Other Legislation Amendment Act
No detention for longer than reasonably necessary for a search.
18(7) Australian Federal Police and Other Legislation Amendment Act
Search a thing suspected to be brought by the suspect onto premises where Australian Federal Police is performing protective service functions.
18(8) Australian Federal Police and Other Legislation Amendment Act
...search a thing that the designated person suspects on reasonable grounds was brought by the suspect onto premises at which the Australian Federal Police is performing protective service functions.
Search occurs during protective service function
(8) If subparagraph (1)(a)(iv) applies, the designated person may...
Search permits are conditional upon subparagraph (1)(a)(iv) applying
Search may be repeated if new information arises
No force may be used to damage a thing unless certain conditions are met.
18(9) Australian Federal Police and Other Legislation Amendment Act
19 Subsection 12A(1) (definition of police dog handler)
2 After subsection 3A(5)
Commissioner may declare AFP employees to be protective service officers.
2(5A) After subsection 3A(5)
The declaration is related to the temporal interval of the employee's employment status.
Temporal relation between declaration and employment status.
(5A) Under Division 3A of Part IV, the Commissioner may declare AFP employees to be protective service officers.
The Commissioner must declare AFP employees to be protective service officers if they meet certain conditions.
The Commissioner may declare AFP employees to be protective service officers if they meet certain conditions.
The Commissioner has an obligation to declare AFP employees to be protective service officers if they meet certain conditions.
The declaration is part of a recurring trace of employee classification.
Recurring trace of declaration and employment status.
Commissioner may appoint special protective service officers.
2(5B) After subsection 3A(5)
20 Subsection 12A(1)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.24
20 Australian Federal Police and Other Legislation Amendment Act
20(4) Australian Federal Police and Other Legislation Amendment Act
Owner has obligation to return seized thing
Police officer must return seized thing to owner under certain conditions.
20(5) Australian Federal Police and Other Legislation Amendment Act
Must return thing to owner if conditions are met.
Police officer is responsible for the thing.
May return thing to owner under certain conditions.
Police officer has permission to return thing if conditions are met.
The police officer is responsible for the thing.
Must return thing to owner under certain conditions.
Police officer has obligation to return thing if conditions are met.
Must not return thing if it would cause harm to public.
Police officer has obligation to protect public from harm.
Must not return thing if it would cause harm to owner.
Police officer has obligation to protect owner from harm.
Seizure notice must be requested for return within 90 days.
20(6) Australian Federal Police and Other Legislation Amendment Act
Request outside this window results in forfeiture.
Seizure notice must be requested within a specific time interval.
Prohibits action without request for return within 90 days.
Request for return must be made within 90 days.
Return seized thing to owner within 90 days
20(7) Australian Federal Police and Other Legislation Amendment Act
Defines seizure day for a thing seized by a designated person.
20(8) Australian Federal Police and Other Legislation Amendment Act
Omit 'a police dog' and substitute 'an AFP dog'.
21 Subsections 12A(2), (3) and (4)
Omit 'the police dog' and substitute 'the AFP dog'.
22 Subsections 12A(2), (3) and (4)
22 Australian Federal Police and Other Legislation Amendment Act
Insertion of 'or a protective service officer' after 'member'
23 Subsection 12A(2)
24 Subsection 12A(3)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.28
Omit ‘or a special member’, substitute ‘, a special member or a special protective service officer’.
24 Australian Federal Police and Other Legislation Amendment Act
The modified text does not contain the omitted phrase
The original text contains the phrase to be omitted
Insert “or protective service officer” after “member”.
25 Paragraph 12A(3)(b)
Insertion of 'or specified protective service officer' after 'member'
26 Paragraph 12A(4)(a)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.30
26 Australian Federal Police and Other Legislation Amendment Act
27 At the end of Part II
28 After subsection 36(4)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.32
The Commissioner must take steps to enable protective service officers to comply with subsection (1).
28 Australian Federal Police and Other Legislation Amendment Act
Undertaking to perform duties as a protective service officer
28(4A) After subsection 36(4)
Person appointed to assist in performing protective service functions must enter into an undertaking and make oath or affirmation.
28(4B) After subsection 36(4)
Must perform duties in accordance with undertaking.
29 Section 39
Describes powers of protective service officers and other related powers.
3 After paragraph 3A(7)(a)
Omit 'or a special member', substitute ', a special member or a special protective service officer'.
30 Section 40
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.34
30 Australian Federal Police and Other Legislation Amendment Act
Certification of special protective service officer appointment details
30(4B) Australian Federal Police and Other Legislation Amendment Act
Certification of protective service officer status
30(4C) Australian Federal Police and Other Legislation Amendment Act
Substitute ', a special member or a special protective service officer'
Prohibits omitting 'or a special member'
31 Paragraph 40(e)
Omit 'or a special member', substitute 'a special member or a special protective service officer'.
32 Subsection 40A(1)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.36
32 Australian Federal Police and Other Legislation Amendment Act
A charge must be reasonably related to the cost of providing services.
32(2) Australian Federal Police and Other Legislation Amendment Act
32(3) Australian Federal Police and Other Legislation Amendment Act
Omit 'or special member', substitute 'special member or special protective service officer'
33 Subsection 40A(2)
Insertion of '(other than a protective service officer)' after 'AFP employee'
34 Section 40B
A person who is currently a protective service officer may be declared to be a member if the person ceases to be a protective service officer.
35 At the end of section 40B
Insert clause after Division 3 of Part IV
36 After Division 3 of Part IV
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.29
Special protective service officer obligation
37 After paragraph 60A(1)(d)
38 Subsection 61(1)
39 Paragraph 63(1)(c)
4 Subsection 4(1)
a search of a person conducted by quickly running the hands over the person’s outer garments;
40 Paragraph 63(1)(d)
Declaration of AFP employee as protective service officer
40EA AFP employees who are protective service officers
Commissioner may specify competency and qualification requirements by written determination.
40EB Determination of competency or qualification requirements
Commissioner may appoint special protective service officer.
40EC Special protective service officers
Special protective service officers have powers and duties expressly conferred or imposed under this Act.
40ED Powers and duties of special protective service officers
41 Subsection 63(2)
Prohibits omitting specified subsections
42 After section 63
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.31
43 Subsection 64(2)
44 Subsection 64A(1)
45 After section 64A
Must wear identification number on uniform.
45(1) After section 64A
Strict liability offence after section 64A
45(2) After section 64A
Defence to prosecution for offence against subsection (1)
45(3) After section 64A
Prohibits AFP employees from exercising powers while suspended.
46 After section 64AA
Insertion of 'or a protective service officer'
47 Subsection 64B(1)
Insert “or the protective service officer”.
48 At the end of subsection 64B(1)
49 Subsection 64B(2)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.10
Requires person to remove certain items during search.
5 Subsection 4(1)
50 Subsection 64B(4)
Insertion of 'or the protective service officer'
51 Subsection 64B(4)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.33
52 At the end of paragraph 64B(5)(a)
Add a reference to a special protective service officer.
53 At the end of subsection 64B(5)
A reference to a special protective service officer must be included.
54 Subsection 66(1)
55 Subsection 66(2)
Prohibits the use of 'or special member'
Certification of protective service officer declaration
56 After subsection 68(4)
57 After section 68
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.35
58 After section 69D
59 Paragraph 70(a)
6 Australian Federal Police and Other Legislation Amendment Act 2004
Designates Minister's functions under section 8A as protective service functions.
6 Subsection 4(1)
60 Paragraph 70(aa)
63A Personation etc. of protective service officer or special
Wearing or displaying a uniform or badge of a protective service officer, or possessing certain articles, is prohibited.
63A(1) Personation etc. of protective service officer or special
Defendant bears evidential burden for reasonable excuse.
63A(2) Personation etc. of protective service officer or special
Defendant has an obligation to provide a reasonable excuse.
Defendant bears the burden of proof for the matter in subsection (2).
63B Possession of documents etc.
Possession of certain documents is prohibited.
63B(1) Possession of documents etc.
Defendant bears evidential burden in relation to reasonable excuse.
63B(2) Possession of documents etc.
Defendant must believe in reasonable excuse.
68A Certificates in relation to transferred PSOs
This section applies in relation to a person who is a transferred PSO, instead of subsection 68(4A).
68A(1) Certificates in relation to transferred PSOs
Involves temporal continuity for transferred PSOs
(1) This section applies in relation to a person who is a transferred PSO, instead of subsection 68(4A).
Commissioner must certify a person as a transferred PSO.
68A(2) Certificates in relation to transferred PSOs
The Commissioner must certify certain information about a person.
68A(3) Certificates in relation to transferred PSOs
Document purporting to be a certificate is taken to be valid unless proven otherwise.
68A(4) Certificates in relation to transferred PSOs
Obligation to accept a certificate as valid
Certificate under this section is prima facie evidence of the matters stated in the certificate.
68A(5) Certificates in relation to transferred PSOs
The certificate is prima facie evidence.
Definitions for APS transferees and transferred PSOs
68A(6) Certificates in relation to transferred PSOs
Commissioner may charge for certain protective services
69E Commissioner may charge for certain protective services
7 Subsection 4(1)
The definition of a protective service offence is greater than or equal to the Criminal Code section 91.1
Definition includes offences against certain sections and Acts
The definition of a protective service offence includes offences against section 91.1 of the Criminal Code.
If an offence falls under Division 72 of the Criminal Code, it implies that the Australian Federal Police is performing protective service functions
Definition implies certain conditions for an offence to be considered a protective service offence
The definition of a protective service offence includes offences against Division 72 of the Criminal Code that relates to a person, place or thing in respect of which the Australian Federal Police is performing protective service functions.
There exists an offence that falls under the definition of a protective service offence
Definition is related to the Australian Federal Police's role
The definition of a protective service offence is related to the Australian Federal Police's performance of protective service functions.
There exists an offence that falls under the definition of a protective service offence.
The Australian Federal Police is performing protective service functions.
The definition of a protective service offence is a subset of the Crimes Act 1914
Definition includes offences against various Acts and sections
The definition of a protective service offence includes offences against section 24AB, 29, 46 (other than paragraph b), 47, 47A, 79, 89 or 89A of the Crimes Act 1914.
The definition of a protective service offence is and includes multiple conditions
Definition includes multiple conditions for an offence to be considered a protective service offence
The definition of a protective service offence includes offences against section 6 of the Crimes Act 1914, or section 11.1 or 11.4 of the Criminal Code that relates to an offence mentioned in paragraph (a)
8 Subsection 4(1) (subparagraph (a)(v) of the definition of
Add special protective service officers.
8 Australian Federal Police and Other Legislation Amendment Act 2004
The Minister may direct which functions are protective service.
8A Minister may direct which functions are protective service
Permits regulation under the Aviation Transport Security Act 2004 or its regulations.
9 Subsection 4(1) (after subparagraph (a)(v) of the definition
Grants permission for regulation under the specified Acts or regulations.
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.37
Definition of protective service officer
1 Subsection 3(1) (definition of protective service officer)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.38
Substitute Australian Federal Police Act 1979 for Australian Protective Service Act 1987.
10 Subsection 3(1) (definition of protective service officer)
Imposes a duty on the legislative body to substitute the Act.
11 Section 9
Omit Australian Protective Service Act 1987 and substitute with Australian Federal Police Act 1979.
12 Paragraph 5(m)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.39
13 Subsection 4(1) (definition of protective service officer)
Imposes a duty on the legislative body to make the substitution.
2 The whole of the Act
Omit Australian Protective Service Act 1987, substitute Australian Federal Police Act 1979.
3 Paragraphs 82(b) and (c)
Prohibition of the Australian Protective Service Act 1987
34 Australian Federal Police and Other Legislation Amendment Act
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.40
36 Australian Federal Police and Other Legislation Amendment Act
Omit “or a special member”, substitute ‘, a special member or a special protective service officer’.
4 Subsection 3(1) (definition of AFP appointee)
5 Subsection 89(5) (definition of protective service officer)
6 Subsection 3(1) (subparagraph (a)(i) of the definition of
7 Subsection 234ABA(4) (definition of protective service
8 Subsection 7(1) (item 3 of the table)
9 Subsection 5(1) (paragraph (c) of the definition of officer)
1 After section 4
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.49
Insertion of a new term into the definition of serious Commonwealth offence.
10 Paragraph 15H(b)
Applicable to temporal relations with federal aspects
Add Amendments relating to the investigation of State offences that have a federal aspect
11 At the end of section 15HB
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.50
12 Subsection 23B(1) (definition of Commonwealth offence)
Substitutes a new definition for Commonwealth offence
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.44
Concurrent operation of State and Territory laws
12M Concurrent operation of State and Territory laws
13 Subsection 23WA(1) (definition of indictable offence)
Omit specified text, substitute new text.
13A Subsection 23WA(1) (definition of offence)
Territory does not include the Northern Territory.
13B Subsection 23WA(1) (at the end of the definition of
The Northern Territory is not included in this definition.
Temporal relation between Territory and Northern Territory
Territory and the Northern Territory are disjoint temporal intervals.
Territory is defined as the Australian Capital Territory and the external territories.
The Northern Territory is excluded from this definition.
Insertion of a reference to a State offence with a federal aspect after 'Commonwealth'
14 Subsection 23WA(1) (definition of prescribed offence)
Definition of serious offence includes a State offence with a federal aspect.
15 Subsection 23WA(1) (definition of serious offence)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.51
Insert provision after Division 11A of Part ID
16 After Division 11A of Part ID
Defines 'federal aspect' in relation to an offence against a law of a State or the Australian Capital Territory.
1A Subsection 4(1)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.43
Insertion of investigation of State offences with a federal aspect
2 After paragraph 8(1)(b)
3 At the end of subsection 8(1)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.42
38 Australian Federal Police and Other Legislation Amendment Act
A State offence is taken to be covered by paragraph (1)(c) if the conduct constituting the State offence affects the interests of the Commonwealth or an authority of the Commonwealth.
38(3) Australian Federal Police and Other Legislation Amendment Act
38(4) Australian Federal Police and Other Legislation Amendment Act
Defines nancillary offence in relation to a primary offence.
38(5) Australian Federal Police and Other Legislation Amendment Act
Investigate State offences with a federal aspect
3A After subparagraph 9(1)(c)(iv)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.45
Identify State offences with a federal aspect
3AA State offences that have a federal aspect
3B Section 12B (at the end of the definition of general
Adding a federal aspect is an obligation.
3C At the end of Division 2 of Part II
3D Subsection 3(1)
Repeal and substitute paragraph (a) of the definition of thing relevant to an indictable offence with amendments relating to investigation of State offences that have a federal aspect.
4 Subsection 3(1) (paragraph (a) of the definition of thing
Note for State offences with a federal aspect
40 Australian Federal Police and Other Legislation Amendment Act
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.46
42 Australian Federal Police and Other Legislation Amendment Act
A State offence has a federal aspect if certain conditions are met.
42(1) Australian Federal Police and Other Legislation Amendment Act
The provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State.
Assuming that the Parliament of the Commonwealth had enacted a provision that created an offence penalising the specific acts or omissions involved in committing the State offence—that provision would have been a valid law of the Commonwealth.
Both: (i) the Australian Federal Police is investigating a matter relating to a relevant criminal activity that relates to an offence against a law of the Commonwealth or a Territory; and (ii) if the Australian Federal Police is investigating, or were to investigate, a matter relating to a relevant criminal activity that relates to the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i).
Both: (i) the State offence is not an ancillary offence; and (ii) assuming that the provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth.
Both: (i) the State offence is an ancillary offence that relates to a particular primary offence; and (ii) assuming that the provision creating the primary offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth.
Determine specificity of acts or omissions in State offences
42(2) Australian Federal Police and Other Legislation Amendment Act
Determines the specificity of acts or omissions in State offences
42(3) Australian Federal Police and Other Legislation Amendment Act
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.48
44 Australian Federal Police and Other Legislation Amendment Act
44(4) Australian Federal Police and Other Legislation Amendment Act
Defines nancillary offence, including conspiring to commit an offence and aiding or abetting its commission.
44(5) Australian Federal Police and Other Legislation Amendment Act
Defines subclass relationships between terms.
Defines serious State offence with a federal aspect.
46 Australian Federal Police and Other Legislation Amendment Act
...a State offence that has a federal aspect and that has the characteristics of a serious Commonwealth offence.
(2) For the purposes of this Part, serious State offence that has a federal aspect means...
Definition of serious State offence by AI
Class hierarchy for serious State offences
Implication from definition to application
4AA State offences that have a federal aspect
4AA(1) State offences that have a federal aspect
...the provision would have been a valid law of the Commonwealth;
States the condition for a State offence to have a federal aspect.
(1) For the purposes of this Act, a State offence has a federal aspect if...
4AA(1A) State offences that have a federal aspect
(1A) The object of this section is to identify State offences that have a federal aspect because: (a) they potentially fall within Commonwealth legislative power because of the elements of the State offence; or (b) they potentially fall within Commonwealth legislative power because of the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence); or (c) the Australian Federal Police investigating them is incidental to the Australian Federal Police investigating an offence against a law of the Commonwealth or a Territory.
Specify acts or omissions in State offences with federal aspect
4AA(2) State offences that have a federal aspect
Repeal a paragraph and substitute it with two alternatives.
5 Subsection 3(1) (paragraph (a) of the definition of thing
6 After section 3
Omit 'other than the Australian Capital Territory'
6A Subsection 3C(1) (paragraph (b) of the definition of
Prohibits omission of 'other than the Australian Capital Territory'
7 Subsection 3C(1) (at the end of the definition of offence)
7A Subsection 3D(3)
7B Subsection 3D(4)
No federal aspect limitation on concurrent State laws
8 At the end of section 3D
No permission granted for concurrent State laws limitation
Federal aspect limitation obligation on concurrent State laws
9 Subsection 3ZQA(1) (definition of Commonwealth offence)
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.5
1 Short title
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.7
1 July 2004
Table of sections and commencement provision
1 Section 1
Requires a relation between identifiable temporal intervals for conditional commencement
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.6
1 January 2005
10 March 2005
Conditional commencement of provision(s)
10 Section 10
Conditional commencement of provision(s) covered by table item 2.
11 Section 11
14 Section 14
2 Commencement
Commencement of provisions within 6 months
2 Section 2
2 Australian Federal Police and Other Legislation Amendment Act 2004
22 June 2004
22 December
Conditional commencement of provisions based on event occurrence.
3 Section 3
3 Schedule(s)
Requires relation between temporal intervals for commencement.
Conditional commencement of provisions based on event occurrence
4 Section 4
australian-federal-police-and-other-legislation-amendment-act-2004.pdf, p.8
Schedule terms have effect according to their terms.
4 Australian Federal Police and Other Legislation Amendment Act 2004
4 Transitional and application
Each APS transferee is taken to have been engaged under section 24 of the Australian Federal Police Act 1979.
4(1) Transitional and application
...under section 24 of the Australian Federal Police Act 1979.
Establishes a temporal relation between engagement and transfer
(1) Each APS transferee is taken to have been engaged...
Represents knowledge about APS transferees
Establishes an information flow for APS transferees
Establishes a temporal trace for APS transferees
Transitional provision declaring transferred PSOs as protective service officers under section 40EA of the amended AFP Act.
4(2) Transitional and application
Defines temporal relationship between declaration and transfer
(2) Each transferred PSO is taken to have been declared, at the transfer time, to be a protective service officer under section 40EA of the amended AFP Act.
Describes AI application for transferred PSOs
Transferred PSOs are protected service officers
Declares transferred PSOs as protective service officers
Describes spread of declaration and transfer
Exempts transferred PSO from a specific provision of the amended AFP Act.
4(3) Transitional and application
Requires a relation between identifiable temporal intervals
Transferred PSO satisfies requirement under paragraph 36(4A)(b) of the amended AFP Act.
4(4) Transitional and application
Definitions for transitional and application provisions
4(5) Transitional and application
Schedule 1 items 10 to 60 at the same time as provision(s) covered by table item 2.
5 Section 5
Conditional commencement of Schedule 2 item 1 based on Aviation Transport Security Act 2004 section 3 commencement.
6 Section 6
7 Section 7
8 Section 8
Schedule 2 items 4 to 7 at the same time as the provision(s) covered by table item 2.
9 Section 9
An Act to integrate the Australian Protective Service into the Australian Federal Police, and for other purposes
Australian Federal Police and Other Legislation Amendment Act 2004