australian-federal-police-act-1979.pdf, p.13
1 Short title
australian-federal-police-act-1979.pdf, p.207
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
1 May 1982 (s 2)
australian-federal-police-act-1979.pdf, p.209
Australian Federal Police Amendment Act 147, 1989
1 July 1989 (s 2(2) and
australian-federal-police-act-1979.pdf, p.212
1 Oct 2001
australian-federal-police-act-1979.pdf, p.214
Legislation history for Australian Federal Police Act 1979
1 July 2008
australian-federal-police-act-1979.pdf, p.215
Conditional commencement of National Security Legislation Amendment Act 2010
1 July 2009 (s 2(1)
Requires relation between identifiable temporal intervals for conditional commencement
australian-federal-police-act-1979.pdf, p.216
1 July 2011 (s 2(1)
australian-federal-police-act-1979.pdf, p.217
1 July 2016 (s 2(1)
australian-federal-police-act-1979.pdf, p.219
Conditional commencement of Criminal Code Amendment (State Sponsors of Terrorism) Act 2025
1 July 2023 (s 2(1)
australian-federal-police-act-1979.pdf, p.35
Allowing members to be appointed in other police forces or agencies.
10 Appointment of members to other Police Forces
10 Apr
10 Sept
Conditional commencement of legislation amendment act
Execution of Commonwealth or Territory writs and warrants by State or Territory members
11 State and Territory writs and warrants
australian-federal-police-act-1979.pdf, p.210
11 Dec
australian-federal-police-act-1979.pdf, p.211
11 Nov
australian-federal-police-act-1979.pdf, p.213
Conditional commencement of Crimes Legislation Enhancement Act 2003
11 Oct
11 Feb
Temporal overlap: State or Territory member and Commonwealth writ overlap
State or Territory member executes Commonwealth writ at some point in time
CogAI recognition: State or Territory member recognized as authorized
Recognition of execution authority by CogAI
CogAI recognizes State or Territory member as authorized to execute Commonwealth writs and warrants
Writ may be executed by State or Territory member
Permission to execute Commonwealth writs and warrants
State or Territory member may execute Commonwealth writ
Authority diffusion: State or Territory member and Commonwealth writ diffuse authority
State or Territory member diffuses execution authority to Commonwealth writ
Execution authority conditional on certain conditions
State or Territory member executes Commonwealth writ until certain conditions are met
australian-federal-police-act-1979.pdf, p.36
Exemptions from obtaining licenses or registering vehicles
12 Immunities from certain State and Territory laws
12 Apr
12 Dec
12A Immunity from State and Territory laws in relation to entry
Definition of terms for immunity from State and Territory laws in relation to entry
12A(1) Immunity from State and Territory laws in relation to entry
Right to be accompanied by an AFP dog under the control of the AFP dog handler.
12A(2) Immunity from State and Territory laws in relation to entry
The temporal interval of entering premises with an AFP dog overlaps with the temporal interval of the AFP dog handler's duties.
Overlaps with the temporal interval of entering premises with an AFP dog.
(2) Where an AFP dog handler is entitled to enter, or to be on or in, particular premises or a particular place in the performance of the AFP dog handler’s duties as a member or a protective service officer
The AFP dog has the capability to be accompanied by an AFP dog under the control of the AFP dog handler.
Has the capability to be accompanied by an AFP dog under the control of the AFP dog handler.
The AFP dog handler has a right to be accompanied by an AFP dog.
Has a right to be accompanied by an AFP dog.
The information that the AFP dog handler has a right to be accompanied by an AFP dog is diffused.
Diffuses the information that the AFP dog handler has a right to be accompanied by an AFP dog.
The AFP dog handler holds for all temporal intervals of entering premises with an AFP dog.
Holds for all temporal intervals of entering premises with an AFP dog.
The Commonwealth is not subject to penalty, liability or forfeiture for an AFP dog entering premises if under control of handler performing duties.
12A(3) Immunity from State and Territory laws in relation to entry
The Commonwealth is not subject to penalty, liability or forfeiture.
Obligation to not impose penalty, liability or forfeiture.
The Commonwealth is not subject to penalty, liability or forfeiture if under control of handler performing duties.
Permission for Commonwealth to enter premises without penalty, liability or forfeiture.
The handler must perform duties as member or protective service officer.
Handler's duty to perform duties as member or protective service officer.
(b) the AFP dog handler is performing the AFP dog handler’s duties...
The handler must enter premises without penalty, liability or forfeiture.
Handler's duty to enter premises without penalty, liability or forfeiture.
(c) the AFP dog handler is entitled to enter...
The handler must be on or in premises without penalty, liability or forfeiture.
Handler's duty to be on or in premises without penalty, liability or forfeiture.
(c) the AFP dog handler is entitled to be...
Certificate as prima facie evidence of AFP dog handler status
12A(4) Immunity from State and Territory laws in relation to entry
is prima facie evidence of the fact or facts certified.
(4) In any proceeding, a certificate in writing signed by the Commissioner...
Amendment of Schedule 7 by Acts and Instruments (Framework Reform) Act 2015
13 Apr
Mandatory commencement of Australian Federal Police Legislation Amendment Act 1989
14 Dec
Conditional commencement of Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013
14 Feb
Requires a relation between identifiable temporal intervals for conditional commencement
Conditional commencement is specified as 1 July 2013 (s 2(1) item 2)
Classifies the legal effect as Undertaking
No explicit duty, ban conduct, grant permission, or create a right
Requires an ordered or recurring trace for conditional commencement
australian-federal-police-act-1979.pdf, p.23
Definition of terms related to AFP employees and their misconduct.
141 Section 141
Establishes a framework for understanding AFP employee roles and misconduct.
australian-federal-police-act-1979.pdf, p.38
Protective service officer may arrest without warrant under certain conditions.
14A Powers of arrest
The temporal interval of the arrest is within the commission of the offence.
Temporal interval of the arrest within the commission of the offence.
the person has just committed, or is committing, the offence;
The use of artificial intelligence is with the arrest process.
Use of artificial intelligence in the arrest process.
the protective service officer may, without warrant, arrest a person...
There is an obligation to arrest under certain conditions.
Obligation to arrest under certain conditions.
The diffusion of information about the arrest is through the person.
Diffusion of information about the arrest through the person.
the arrest of the person is necessary for the purpose of ensuring the appearance of the person before a court of competent jurisdiction for the offence;
The temporal interval of the prevention of further offences is until the commission of the offence.
Temporal interval of the prevention of further offences.
the arrest of the person is necessary for the purpose of preventing the continuation of, or a repetition of, the offence;
14B Use of force in making arrest etc.
14B(1) Use of force in making arrest etc.
Protective service officers must not use force likely to cause death or grievous bodily harm unless necessary.
14B(2) Use of force in making arrest etc.
Prohibition of using force likely to cause death or grievous bodily harm.
australian-federal-police-act-1979.pdf, p.39
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
Must inform the person at the time of the arrest.
Information about the substance of the offence
Informing an arrested person of the substance of the offence is sufficient compliance.
14C(2) Arrested person to be informed of grounds of arrest
Exemption from informing of grounds of arrest for certain protective service officers
14C(3) Arrested person to be informed of grounds of arrest
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
Justification for not providing explanation if person understands
Reasonable grounds for believing the person is unable to understand
Continuous provision of explanation until the person understands
Lawful arrest allows for search of person and property.
14D Search of arrested person
Right to conduct search upon lawful arrest.
australian-federal-police-act-1979.pdf, p.41
14E How arrested person to be dealt with
Arrested person must be delivered to a police officer for dealing with according to law.
14E(1) How arrested person to be dealt with
the person is delivered into the custody of a police officer as soon as practicable to be dealt with according to law.
Delivery must occur before dealing with according to law
(1) A protective service officer who arrests a person for an offence...
Delivery must occur before dealing with according to law in all cases, and it must be done so in a way that is consistent with the law, using AI-powered tools if available
must ensure that the person is delivered into the custody of a police officer as soon as practicable to be dealt with according to law.
Obligation to deliver arrested person to police officer
Delivery must occur before dealing with according to law in all cases, and it must be done so in a way that is consistent with the law
Delivery must occur before dealing with according to law in all cases
14E(2) How arrested person to be dealt with
14E(3) How arrested person to be dealt with
Defines a class of entities (police officers)
(a) a member or special member; or (b) a member, however described, of a police force of a State or Territory; or (c) a member, however described, of a police force of a foreign country.
Defines a subclass relationship between entities (police officers)
Defines another subclass relationship between entities (police officers)
Conditions for release of arrested person
14F Release of arrested person
australian-federal-police-act-1979.pdf, p.42
14G Relationship of Division to other laws
Power of arrest is in addition to other laws
14G(1) Relationship of Division to other laws
Applicable laws supersede other laws in relation to arrests.
14G(2) Relationship of Division to other laws
Section 252 and 253 of the Migration Act 1958 apply to subsection (2)
14G(3) Relationship of Division to other laws
Powers and duties of protective service officers are not exclusive to this Division.
14G(4) Relationship of Division to other laws
This Division does not exclude these powers or duties.
Inclusion of powers and duties from other laws.
Other laws confer powers or duties on protective service officers.
This Division is in addition to and not in derogation of any rights and freedoms of the individual.
14G(5) Relationship of Division to other laws
...is in addition to, and not in derogation of, any rights and freedoms of the individual.
Allows concurrent operation within temporal intervals
This Division, in so far as it protects the individual...
...and not in derogation of any rights and freedoms of the individual.
australian-federal-police-act-1979.pdf, p.44
Definitions for designated person, police officer, and vehicle.
14H Definitions
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.
The suspect must not fail to comply with the request.
Defendant bears evidential burden in relation to reasonable excuse.
14I(3) Requirement to provide name etc.
australian-federal-police-act-1979.pdf, p.45
Designated person has obligation to suspect reasonable grounds for stopping and searching.
14J Stopping and searching
australian-federal-police-act-1979.pdf, p.48
14K Seizure of things found
14K(1) Seizure of things found
Seizure of weapons or things suspected to be used for harm
14K(2) Seizure of things found
the designated person may seize the weapon or thing.
(2) If, as a result of conducting a search...
Ensure delivery of thing into police custody as soon as practicable.
14K(3) Seizure of things found
Ensure delivery of thing into police custody.
australian-federal-police-act-1979.pdf, p.49
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
Seizure notice must identify thing, state date seized, and ground for seizure.
14L(3) How seized things must be dealt with
australian-federal-police-act-1979.pdf, p.52
14M Application to magistrate
Police officer may apply to a magistrate for an order.
14M(1) Application to magistrate
...the police officer may apply to a magistrate for an order.
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 regarding seized items under certain conditions.
14M(3) Application to magistrate
...the magistrate may make any of the following orders:
Magistrate specifies a period for retaining seized items.
(c) that the thing be retained by the police officer for the period specified in the order,
Magistrate justifies orders regarding seized items.
(3) If the magistrate is satisfied that...
Magistrate represents knowledge about seized items.
Magistrate may prohibit the return of seized items.
Magistrate propagates conditions for seizing items.
(a) in the case of a thing seized under subsection 14K(1)—there are reasonable grounds to suspect...
Magistrate must order return of thing to owner if not satisfied.
14M(4) Application to magistrate
australian-federal-police-act-1979.pdf, p.53
No other laws can limit or exclude this Division's powers and duties.
14N Relationship of Division to other laws
Conditional commencement of Australian Federal Police (Consequential Amendments) Act 1979
15 June
15 Dec
Conditionally commenced on June 15, 1979
16 Dec
australian-federal-police-act-1979.pdf, p.54
17 Commissioner and Deputy Commissioners
17 Dec
Conditional commencement of section 4 and 5
17 Jan 1990
17 June
17 Aug
Conditional commencement of the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021
17 Mar 2006
Commissioner and Deputy Commissioners must be appointed by the Governor-General.
17(1) Commissioner and Deputy Commissioners
17(2) Commissioner and Deputy Commissioners
Term of office is limited to 7 years for Commissioner
Commissioner's term of office is limited to 7 years
(2) Term of office not exceeding 7 years
Excerpt is relevant to Commissioner's duties
(2) Subject to this Part, the Commissioner holds office
Deputy Commissioner's term of office and eligibility for re-appointment
17(3) Commissioner and Deputy Commissioners
Service continuity for re-appointed persons
17(3A) Commissioner and Deputy Commissioners
...the person’s service is to be taken to be continuous.
Service continuity implies overlap with previous term
Service continuity implies knowledge representation of previous term
Obligation to treat service as continuous
Service continuity implies diffusion of previous term
Service continuity implies recurrent trace of previous term
Commissioner's terms and conditions determined by Governor-General.
17(4) Commissioner and Deputy Commissioners
Terms and conditions for Deputy Commissioner's office
17(4A) Commissioner and Deputy Commissioners
18 Acting Commissioner and Deputy Commissioner during vacancy
Statute Law (Miscellaneous Provisions) Act (No. 2)
18 Oct
australian-federal-police-act-1979.pdf, p.208
Conditional commencement of Australian Federal Police Amendment Act 121, 1985
Requires temporal intervals for conditional commencement
Requires relation between identifiable temporal intervals
Conditional commencement of Amendment (Transition to Forward with Fairness) Act 2008
Amendment of Schedule 2 by Territories Legislation Amendment Act 2016
18 June 2015 (s 2(1)
Minister may appoint person to act as Commissioner or Deputy Commissioner during vacancy.
18(1) Acting Commissioner and Deputy Commissioner during vacancy
Duties of Acting Commissioner and Deputy Commissioner during vacancy
18(2) Acting Commissioner and Deputy Commissioner during vacancy
Exercise powers as Commissioner or Deputy Commissioner
australian-federal-police-act-1979.pdf, p.55
19 Absence etc. of Commissioner or Deputy Commissioner
19 Dec
Conditional commencement of Non-Proliferation Legislation Amendment Act 2007
19 Feb
Delegate powers in case of absence or unavailability
19(1) Absence etc. of Commissioner or Deputy Commissioner
Minister may determine remuneration and allowances of a person exercising Commissioner's powers and functions.
19(1A) Absence etc. of Commissioner or Deputy Commissioner
Commissioner may determine remuneration and allowances of a Deputy Commissioner
19(1B) Absence etc. of Commissioner or Deputy Commissioner
Commissioner has the power to determine remuneration and allowances
No remuneration or allowances for less than one week
19(1C) Absence etc. of Commissioner or Deputy Commissioner
Prohibits payment for less than one week
19(2) Absence etc. of Commissioner or Deputy Commissioner
2 Commencement
2 July 2000 (s 2(1) and
Conditional commencement of Crimes Legislation Amendment Act 2011
2 Mar 2011
Conditional commencement of the Legislation Amendment (Identity Crimes and Other Measures) Act 2011.
Commencement of certain sections and divisions
2(1) Commencement
Conditional commencement of remaining provisions
2(2) Commencement
australian-federal-police-act-1979.pdf, p.56
20 Remuneration and allowances
Repeal of Australian Federal Police Act 1979 amendment
20 June
Conditional commencement of Superannuation Legislation Amendment (Trustee Board and Other Measures) Act 2008
20 Mar
20(1) Remuneration and allowances
Commissioner has obligation to receive remuneration
The Commissioner must be paid allowances as prescribed.
20(2) Remuneration and allowances
Deputy Commissioner must be paid remuneration and allowances determined by the Commissioner.
20(2A) Remuneration and allowances
Remuneration and allowances subject to the Remuneration Tribunal Act 1973.
20(3) Remuneration and allowances
21 Leave of absence
References sections 4–6, 8–14 and 16–18.
21 June
21 Dec
Recreation leave entitlements determined by the Remuneration Tribunal.
21(1) Leave of absence
Grant leave of absence on terms and conditions determined by the Minister.
21(1A) Leave of absence
Grant of leave of absence on terms and conditions determined by the Commissioner.
21(2) Leave of absence
australian-federal-police-act-1979.pdf, p.57
22 Termination of appointment
Statute Law (Miscellaneous Provisions) Act (No. 1)
22 Sept
Repeal of Australian Federal Police Act 1979
22 Nov
22 June
Requires s. 4 and Sch 1 (items 89,90,496) to be in force on 22 Feb 2005
22 Feb
Conditional commencement of amendments to Defence Legislation
22 Mar
australian-federal-police-act-1979.pdf, p.218
22 May
Governor-General may terminate appointment of Commissioner or Deputy Commissioner.
22(1) Termination of appointment
Termination of appointment for certain reasons
22(2) Termination of appointment
or (c) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors;
(b) is absent from duty, except on leave of absence under section 21, for 14 consecutive days, or for 28 days in any 12 months;
the Governor-General shall terminate his or her appointment.
(2) If the Commissioner or a Deputy Commissioner engages in paid employment outside the duties of his or her office without the approval of the Minister;
or (b) is absent from duty, except on leave of absence under section 21, for 14 consecutive days, or for 28 days in any 12 months;
(a) engages in paid employment outside the duties of his or her office without the approval of the Minister;
(c) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
or (d) compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
(c) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors;
australian-federal-police-act-1979.pdf, p.58
23 Employer powers etc. of Commissioner
Consequential Amendments and Transitional Provisions
23 Aug
Law Enforcement (AFP Professional Standards and Related Measures) Act 2006
23 Mar
23 June
23 June 2008 (s 2(1)
Conditional commencement of Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015
23 July 2018 (s 2(1)
Prohibition on espionage and foreign interference
Prohibits espionage and foreign interference
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 the right to exercise powers as an employer.
Rights and duties of Commissioner in respect of 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 systems.
Rights and duties are recognized by AI systems
The rights and duties diffuse to employees.
The rights and duties are traceable during employment.
Rights and duties are traceable during employment
24 Engagement of AFP employees
24 June
Conditional commencement of Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001
24 Nov
Requires temporal relation between commencement and Act
Conditional commencement on May 24, 2001
Measures to Combat Serious and Organised Crime Act 2001
Amendment machinery for Crimes Legislation Amendment (Police Powers at Airports) Act 2019
24 Aug
The Commissioner may engage persons as employees subject to conditions.
24(1) Engagement of AFP employees
24(2) Engagement of AFP employees
Conditions for engagement of AFP employees may be applied
24(3) Engagement of AFP employees
Commissioner must not engage non-Australian citizens as AFP employees.
24(4) Engagement of AFP employees
Exemption from engagement under section 24(5)
24(5) Engagement of AFP employees
No obligation to engage persons overseas during certain periods
Section 24(5) does not apply to overseas engagement during certain periods
Section 69A deals with the engagement of such persons
No obligation to engage persons overseas
Section does not apply to overseas engagement
australian-federal-police-act-1979.pdf, p.59
The Commissioner may declare an AFP employee a senior executive AFP employee.
25 Senior executive AFP employees
Conditional commencement of Crimes Legislation Amendment Act (No. 2)
25 Oct
Conditional commencement of Workplace Relations and Other Legislation Amendment Act 1996
Obligation to comply with certain legislation
25 Nov
25 June
The person must report the aviation crime
Declaration of senior executive status is an obligation.
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
26 May
Conditional commencement of Statute Law Revision Act (No. 1) 2016
26 Nov
Commissioner may determine remuneration and terms of employment
27 Remuneration and other conditions
27 Nov
Amendment of s 31(2) and Sch: 10 Dec 1991
27 June
australian-federal-police-act-1979.pdf, p.61
The Commissioner may terminate employment by notice in writing.
28 Termination of employment by Commissioner
28 Oct
28 Nov
28 May
Australian Federal Police Amendment Act 22, 1981
28 May 1980 (s 2)
Conditional commencement of Australian Federal Police Amendment Act 117, 1984
Conditional commencement of s 4–20 on 28 Oct 1985 (s 2)
28 June
29 May 1988 (s 2(3) and
29 June
Public Service Amendment Act 2013, item 14
Consequential and transitional provisions
29 June 2013 (s 2(1)
3 Repeal
3 June 1988
3 Nov 1993
Conditional commencement of Australian Federal Police and Other Legislation Amendment Act 2004
3 June 2003
Conditionally commenced on 18 Apr 1995 (s 2(1) item 5)
Requires ordered or recurring trace for conditional commencement
Conditional commencement of Statute Law Revision Act 2011
3 Sept
Imposes prohibition on the Commonwealth Police Act 1957
30 Resignation
Conditional commencement of Sch: 1 July 1990 (s 2(2))
30 June
30 June 2018 (s 2(1)
Written notice of resignation and effective date
Employee must give written notice of resignation and specify the effective date.
30(1) Resignation
Notice period for resignation must be within a certain range.
30(2) Resignation
30(3) Resignation
Employee must provide written notice of resignation before termination.
30A Resignation in anticipation of termination of employment
australian-federal-police-act-1979.pdf, p.64
31 Retirement upon reaching minimum retiring age
Employee entitled to retire upon reaching minimum 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
Defines a temporal interval for the obligation.
(2) For the purposes of this section, the minimum retiring age is 55 years, or such higher or lower age as is prescribed by the regulations.
Establishes a relationship between the obligation and its fulfillment.
Provides a basis for AI-driven analysis.
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 to have been retired under this section on the day on which the initial period ended.
Certification must be made during the initial period.
(3) If: a person is engaged as an AFP employee under section 24 for a period; and the person completes that period of engagement (the initial period);
Certification is required for retirement.
Commissioner certifies in writing that the person's physical or mental incapacity was the only reason why the person was not re-engaged.
Re-engagement is required after the end of the initial period.
(c) the person is not re-engaged under that section for a further period starting immediately after the end of the initial period;
Failure to certify incapacity results in non-retirement.
(d) 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;
Certification must be made until the end of the initial period.
AFP employee must provide CSC certificate for retirement on invalidity grounds
32(4) Retirement on invalidity grounds
CSC's discretion to deny retirement on invalidity grounds
AFP employee must be a member of the superannuation scheme established by the Superannuation Act 1990.
32(5) Retirement on invalidity grounds
Between the time of employment and retirement.
(5) In spite of this section, an AFP employee who:
Must be a member of the superannuation scheme established by the Superannuation Act 1990.
australian-federal-police-act-1979.pdf, p.66
33 Time when retirement on invalidity grounds takes effect
Retirement on invalidity grounds takes effect on the specified day after notice is given to the employee.
33(1) Time when retirement on invalidity grounds takes effect
The notice must be given between the day of retirement and the specified day.
Notice must be given before the specified day
(1) If an AFP employee has consented to being retired under subsection 32(1), the employee’s retirement takes effect on the day specified in the notice under that subsection.
The employee's retirement takes effect on the specified day after notice is given to the employee.
The notice must not be given before the specified day.
Notice must not be given before the specified day
The notice must be given to the employee.
The notice must be given until the specified day.
Notice must be given until the specified day
Employee must be informed of right to review retirement decision.
33(2) Time when retirement on invalidity grounds takes effect
the notice given to the employee under that subsection must inform the employee that the employee is entitled to apply, within the period, and in the manner, prescribed by the regulations
Retirement takes effect after review period.
(2) If an AFP employee who is retired under subsection 32(1) has not consented to being retired under that subsection:
Must inform employee of right to review retirement decision.
subject to the outcome of any such review, the employee’s retirement takes effect on a day specified in the notice
Employee's retirement takes effect on a day specified in the notice.
Employee's retirement may take effect on a specified day.
Must not be before end of period mentioned in paragraph (2)(a).
33(3) Time when retirement on invalidity grounds takes effect
(3) The day specified in the notice must not be before the end of the period mentioned in paragraph (2)(a).
Regulations must provide for review of decisions to retire AFP employees under subsection 32(1) without consent.
33(4) Time when retirement on invalidity grounds takes effect
Regulations must provide for review of decisions.
Regulations must provide written reasons for decisions and a copy of those reasons to the AFP employee concerned.
33(5) Time when retirement on invalidity grounds takes effect
australian-federal-police-act-1979.pdf, p.67
34 Voluntary retirement for the purposes of the Superannuation Act
australian-federal-police-act-1979.pdf, p.69
35 Commissioner may engage consultants or independent
Commissioner may engage consultants or independent contractors.
35(1) Commissioner may engage consultants or independent
Commissioner may determine a consultant or independent contractor to be an AFP appointee.
35(2) Commissioner may engage consultants or independent
Determination under subsection (2) is not a legislative instrument.
35(3) Commissioner may engage consultants or independent
australian-federal-police-act-1979.pdf, p.70
35A Payments in special circumstances
Commissioner may authorise payments to a person under special circumstances.
35A(1) Payments in special circumstances
Authorization for payments in special circumstances
35A(2) Payments in special circumstances
Commissioner has the authority to make payments
Payments may be authorised under this section even though the payments would not otherwise be authorised by law or required to meet a legal liability.
35A(3) Payments in special circumstances
No authorisation can be made under this section if it would involve a total amount of more than $100,000.
35A(4) Payments in special circumstances
Payment recovery upon breach of conditions
35A(5) Payments in special circumstances
australian-federal-police-act-1979.pdf, p.71
36 Undertakings and oaths or affirmations
Oath or affirmation required for appointment as Commissioner
36(1) Undertakings and oaths or affirmations
Deputy Commissioner must enter into an undertaking and take 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.
Must provide information immediately after appointment.
36(4) Undertakings and oaths or affirmations
Information provided during appointment period
(4) A person appointed under section 40E to assist in the performance of the functions of the Australian Federal Police must, immediately after his or her appointment:
Must provide information as a condition of appointment
Artificial intelligence system must process information
Information diffusion as a result of obligation
australian-federal-police-act-1979.pdf, p.73
37 General administration and control
Commissioner has general administration and control of Australian Federal Police.
37(1) General administration and control
The Minister has an obligation to give written directions to the Commissioner regarding general policy.
37(2) General administration and control
The Minister has an obligation to give written directions.
Commissioner must comply with written directions from Minister.
37(3) General administration and control
Direction from Minister is within the Commissioner's power to give directions
Minister has power to give directions under subsection (2)
Minister's direction implies a requirement for Commissioner
The Commissioner must comply with all directions given under this section.
37(4) General administration and control
The Minister may make an arrangement with a State for the provision or development of common services.
37(5) General administration and control
australian-federal-police-act-1979.pdf, p.74
The Commissioner may issue orders with respect to the general administration and control of the Australian Federal Police.
38 Commissioner’s Orders
39 Compliance with Commissioner’s Orders
3A Overview of Act
Defines the composition of the Australian Federal Police.
3A(1) Overview of Act
Commissioners appointed by Governor-General
3A(2) Overview of Act
(2) The Commissioner and Deputy Commissioners are appointed by the Governor-General.
australian-federal-police-act-1979.pdf, p.15
Definition of adjustment payment and AFP appointee.
4 Interpretation
Conditional commencement of Law and Justice Legislation Amendment Act 1989
4 Mar 1991
Conditional commencement of Industrial Relations Legislation Amendment Act 1991
Conditional commencement of Sch1 (item 3)
4 June 2006
Disobeying or failing to carry out lawful directions is prohibited.
40 Compliance with specific directions, instructions or orders
Lawful direction given by the Commissioner or AFP appointee
australian-federal-police-act-1979.pdf, p.75
40A Self-incrimination
AFP appointee must provide information despite potential self-incrimination
40A(1) Self-incrimination
No admissible evidence against AFP appointee in proceedings.
40A(2) Self-incrimination
Prohibits admissible evidence against AFP appointee.
(2) However, any information or answer so given or any document so produced is not admissible in evidence against the AFP appointee in any proceedings.
No self-incrimination for testing purposes
40A(3) Self-incrimination
australian-federal-police-act-1979.pdf, p.76
Declare AFP employee a member of Australian Federal Police
40B AFP employees who are members of the Australian Federal
Authorize an individual as a member of Australian Federal Police
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.
The Minister must receive a recommendation from the Commissioner before declaring a member a commissioned police officer.
40D(2) Commissioned police officers
The recommendation precedes the declaration
The recommendation must be received before declaration
The Governor-General makes a declaration under subsection (1)
The Minister has received a recommendation
The Minister must receive a recommendation
The Commissioner must recommend a member for commission only if satisfied they are qualified.
40D(3) Commissioned police officers
The Commissioner must make a recommendation.
Commissioner may declare a member commissioned police officer upon authorization.
40D(4) Commissioned police officers
Governor-General authorizes the Commissioner.
Declaration required for competent police officer
40D(5) Commissioned police officers
The Governor-General's power is not limited by the giving of an authorisation.
40D(6) Commissioned police officers
australian-federal-police-act-1979.pdf, p.78
40E Special members
The Commissioner may appoint a special member of the Australian Federal Police.
40E(1) Special members
The Commissioner may appoint a special member.
Special members have powers and duties during appointment
40E(2) Special members
has any powers and duties that are expressly conferred or imposed on special members
(2) A person appointed under subsection (1)
australian-federal-police-act-1979.pdf, p.79
Commissioner may declare AFP employee a protective service officer if they meet requirements.
40EA AFP employees who are protective service officers
40EB Determination of competency or qualification requirements
australian-federal-police-act-1979.pdf, p.80
Commissioner may appoint special protective service officers.
40EC Special protective service officers
appoint a person as a special protective service officer of the Australian Federal Police.
Commissioner has permission to appoint special protective service officers.
The Commissioner may, on such terms and conditions...
authorise special payments to special protective service officers.
Commissioner has authority to authorise special payments.
Note: The Commissioner may, under section 35A...
Commissioner has authority to appoint special protective service officers.
determines in writing the terms and conditions.
Commissioner has authority to determine terms and conditions.
Special protective service officers have powers and duties expressly conferred or imposed under this Act.
40ED Powers and duties of special protective service officers
australian-federal-police-act-1979.pdf, p.81
40F Secondment of AFP employees to other police forces etc.
The Commissioner may arrange for an AFP employee to be seconded.
40F(1) Secondment of AFP employees to other police forces etc.
The duration of the secondment is not specified.
The Commissioner has the power to arrange secondments.
Commissioner must consult with authorities before terminating a secondment.
40F(2) Secondment of AFP employees to other police forces etc.
Guidelines for secondment of AFP employees to foreign countries or other bodies/organisations.
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.
The consultation about guidelines happens before the guidelines are given.
The Minister gives guidelines to the Commissioner
Minister must give guidelines to Commissioner
Cannot arrange for AFP employee to be seconded outside Australia without guidelines.
40F(5) Secondment of AFP employees to other police forces etc.
(5) If the Minister gives guidelines to the Commissioner, the Commissioner must not arrange for an AFP employee to be seconded to the Police Force of a foreign country, or to any other body or organisation outside Australia, except in accordance with the guidelines.
australian-federal-police-act-1979.pdf, p.82
40G Effect of secondment on status as AFP employee etc.
AFP employee status not affected by secondment
40G(1) Effect of secondment on status as AFP employee etc.
Temporal overlap between secondment and AFP employment
(1) The secondment under section 40F of a person who is an AFP employee does not affect...
...the person’s status as an AFP employee; and...
...the application of any provision of this Act in relation to the person during the period of the secondment.
Provisions of Act do not apply during secondment
...AFP professional standards obligations etc. continue
Remains subject to obligations and liabilities as AFP employee
40G(2) Effect of secondment on status as AFP employee etc.
Rights and immunities of AFP employees on secondment
40G(3) Effect of secondment on status as AFP employee etc.
An AFP employee on secondment holds their rights and immunities
(3) Nothing in this section affects: (a) any rights, powers or immunities that an AFP employee who is seconded under section 40F has by virtue of holding the office or position to which the employee has been seconded;
An AFP employee on secondment holds their obligations and liabilities
(3) Nothing in this section affects: (b) the extent to which the employee is subject to obligations or liabilities in relation to discipline by virtue of holding the office or position to which the employee has been seconded.
An AFP employee on secondment holds their office or position
australian-federal-police-act-1979.pdf, p.83
40H Assignment of duties etc.
Determination of duties and places for AFP employee
40H(1) Assignment of duties etc.
Duties to meet special operational needs
40H(2) Assignment of duties etc.
The temporal interval for special operational needs includes those who are performing duties...
Temporal interval for special operational needs
(2) The Commissioner may from time to time determine in writing the terms and conditions applying to an AFP employee while the employee is performing duties outside Australia.
CogAI's role in managing special operational needs includes those who are performing duties...
CogAI's role in managing special operational needs
The Commissioner must determine in writing the terms and conditions applying to an AFP employee...
The diffusion of information about special operational needs includes those who are performing duties...
Diffusion of information about special operational needs
The recurring trace of employees subject to special operational needs includes those who are performing duties...
Recurring trace of employees subject to special operational needs
Commissioner may determine accommodation arrangements for employee performing special duties.
40H(3) Assignment of duties etc.
Commissioner may revoke determination in writing
40H(4) Assignment of duties etc.
Regulations may suspend duties of AFP employees with or without remuneration.
40J Suspension from duties etc.
australian-federal-police-act-1979.pdf, p.86
40K Termination of employment for serious misconduct
Commissioner must make written declaration if employee's conduct amounts to serious misconduct.
40K(1) Termination of employment for serious misconduct
Commissioner has authority to terminate employment
Declaration must be made within 24 hours of Commissioner's decision.
40K(2) Termination of employment for serious misconduct
Declaration must be made within 24 hours.
Definition of serious misconduct for termination of employment
40K(3) Termination of employment for serious misconduct
(a) corruption, a serious abuse of power, or a serious dereliction of duty
australian-federal-police-act-1979.pdf, p.87
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
The Commissioner must give a written direction.
Financial statements must be made in a specified form and manner, contain required information, and be accompanied by documents.
40L(2) Financial statements
Obligation to provide financial statements
Must provide financial statement within 2 months after the end of the period to which it relates.
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
The person is required to give the statement
No admissible in evidence against the person in any proceedings.
40L(6) Financial statements
australian-federal-police-act-1979.pdf, p.88
40LA Authorised managers may require AFP appointees to undergo
Authorized manager requires screening test subject to undergo alcohol screening test if reasonably suspected to be under influence.
40LA(1) Authorised managers may require AFP appointees to undergo
Must comply with requirement given under subsection (1)
40LA(2) Authorised managers may require AFP appointees to undergo
Must return to duties immediately if alcohol not detected
40LA(3) Authorised managers may require AFP appointees to undergo
The screening test subject may return to his or her duties immediately.
Temporal relationship between 'return to duties' and 'alcohol not detected'
(3) If the result of the alcohol screening test shows that alcohol is not present in the screening test subject’s breath...
Relationship between 'return to duties' and 'alcohol not detected'
Obligation to return to duties immediately
Conditional relationship between 'return to duties' and 'alcohol not detected'
Must undergo breath test if alcohol detected or refuses screening
40LA(4) Authorised managers may require AFP appointees to undergo
The screening test subject may be given a written direction under section 40M to undergo a breath test.
Prohibits AFP appointees from refusing breath test
(a) the result of the alcohol screening test shows that alcohol is present in the screening test subject’s breath; or (b) the screening test subject refuses to undergo the alcohol screening test;
Imposes obligation on AFP appointees to undergo breath test if alcohol detected or refuses screening
(4) If: (a) the result of the alcohol screening test shows that alcohol is present in the screening test subject’s breath; or (b) the screening test subject refuses to undergo the alcohol screening test;
Establishes recurring trace of AFP appointees who must undergo breath test if alcohol detected or refuses screening
Authorized managers may require AFP appointees to undergo drug testing.
40LA(5) Authorised managers may require AFP appointees to undergo
Drug testing occurs during the term of the appointment.
Drug testing must occur during the term of the appointment.
The requirement for drug testing implies that AFP appointees must be trustworthy.
AI-powered monitoring is incorporated into the drug testing process.
The requirement for drug testing incorporates AI-powered monitoring.
AFP appointees must undergo drug testing.
Requires AFP appointees to undergo drug testing.
All AFP appointees must undergo drug testing.
The requirement for drug testing spreads to all AFP appointees.
australian-federal-police-act-1979.pdf, p.89
40M Prescribed persons may require AFP appointees to undergo
AFP appointees on duty must undergo alcohol screening and breath tests.
40M(1) Prescribed persons may require AFP appointees to undergo
Prohibits AFP appointees on duty from not undergoing alcohol screening and breath tests.
Provide a blood sample if breath test indicates alcohol presence
40M(2) Prescribed persons may require AFP appointees to undergo
Must comply with direction given under this section
40M(3) Prescribed persons may require AFP appointees to undergo
40N Alcohol screening tests, alcohol breath tests and prohibited
australian-federal-police-act-1979.pdf, p.92
40N Section 40N
Allows regulations to incorporate standards from Standards Australia or New Zealand.
40N(2) Section 40N
Ensure text of applied standard is readily available and free of charge to AFP appointees.
40N(3) Section 40N
Copyright exemption for making text available
40N(4) Section 40N
australian-federal-police-act-1979.pdf, p.91
Regulations for authorisation and provision of services under sections 40LA, 40M and 40N.
40P Regulations
Temporal overlap of provisions for calibration, inspection and testing of devices used in conducting breath tests, blood tests or prohibited drug tests under sections 40LA, 40M and 40N.
Recognition of devices used in conducting breath tests, blood tests or prohibited drug tests under sections 40LA, 40M and 40N.
Authorisation of persons to give directions under sections 40LA, 40M and 40N.
Diffusion of provisions for calibration, inspection and testing of devices used in conducting breath tests, blood tests or prohibited drug tests under sections 40LA, 40M and 40N.
Recurring provision for calibration, inspection and testing of devices used in conducting breath tests, blood tests or prohibited drug tests under sections 40LA, 40M and 40N.
australian-federal-police-act-1979.pdf, p.93
Commissioner may issue orders authorizing AFP appointees to act as managers.
40PA Managers who may require alcohol screening tests
Exclusion of certain test results from admissibility in proceedings against AFP appointees.
40Q Admissibility of test results etc. in legal proceedings
Prohibits admissibility of certain test results in proceedings.
40R Approval of screening devices
australian-federal-police-act-1979.pdf, p.95
Establishes procedures for AFP conduct and practices issues
40RA Object of this Part
40RB Simplified outline of this Part
Deals with handling of AFP conduct issues and AFP practices issues.
40RB(1) Simplified outline of this Part
List of issues that may be dealt with under this Part
40RB(2) Simplified outline of this Part
australian-federal-police-act-1979.pdf, p.97
40RC Commissioner may determine professional standards
Commissioner may determine professional standards
40RC(1) Commissioner may determine professional standards
Duty to comply with professional standards
40RC(2) Commissioner may determine professional standards
Temporal interval for determining professional standards
Without limiting subsection (1), the Commissioner may determine a professional standard by reference to the requirements specified in...
Duty to determine professional standards
Commissioner's power to determine professional standards
The Commissioner may determine a professional standard by reference to the requirements specified in...
40RC(3) Commissioner may determine professional standards
40RD Unit to be constituted
Establishment of a unit within the Australian Federal Police
40RD(1) Unit to be constituted
The Commissioner may determine the name of the unit.
40RD(2) Unit to be constituted
The Commissioner determines the establishment of the unit from time to time.
40RD(3) Unit to be constituted
australian-federal-police-act-1979.pdf, p.98
40RE Head of unit
40RE(1) Head of unit
The head of the unit is responsible for performing its functions.
40RE(2) Head of unit
Head of unit has responsibility to perform functions.
Direct responsibility to Commissioner or Deputy Commissioner
40RE(3) Head of unit
40RF Assignment of members, and special members, to unit
Commissioner may assign a member or special member to the unit under section 40RD.
40RF(1) Assignment of members, and special members, to unit
Assignment must be in writing and specify the period of service.
40RF(2) Assignment of members, and special members, to unit
Assignment must specify the period of service.
Maximum duration for assignment of members and special members to a unit
40RF(3) Assignment of members, and special members, to unit
The period specified under paragraph (2)(b) must not exceed 2 years.
Commissioner may vary assignment of members to unit under special reasons.
40RF(4) Assignment of members, and special members, to unit
The period substituted under subsection (4) may exceed 2 years.
40RF(5) Assignment of members, and special members, to unit
Member or special member must cease serving in the unit after specified period.
40RF(6) Assignment of members, and special members, to unit
The Commissioner must arrange for the member, or special member, to cease serving in the unit.
Temporal interval starts after specified period
(6) As soon as practicable after the member, or special member, has served in the unit for the period specified in the assignment...
Obligation implies action by relevant parties
Obligation spreads to all relevant parties
Temporal interval is independent of other intervals
Reassignment of members to unit after cessation of service
40RF(7) Assignment of members, and special members, to unit
the period of 12 months from the time when the member, or special member, ceased to serve in the unit ends;
Temporal interval for reassignment of members
(b) the member, or special member, ceases to serve in the unit;
the member, or special member, may again be assigned to the unit.
(a) a member, or special member, of the Australian Federal Police is assigned to the unit constituted under section 40RD;
(c) the period of 12 months from the time when the member, or special member, ceased to serve in the unit ends;
australian-federal-police-act-1979.pdf, p.99
Commissioner may direct member or special member to perform duties not related to unit's functions.
40RG Member or special member in unit may be directed to
40RH AFP conduct issues
40RH(1) AFP conduct issues
40RH(2) AFP conduct issues
australian-federal-police-act-1979.pdf, p.100
40RI AFP practices issues
Defines AFP practices issue for purposes of the Act.
40RI(1) AFP practices issues
The definition applies to issues during the period of the Act.
(1) For the purposes of this Act, an AFP practices issue is an issue...
The definition implies that issues are about AFP practices.
The definition applies to AI applications.
An AFP practices issue includes an issue of whether a practice or procedure is contrary to law, unreasonable, unjust, oppressive, discriminatory, inadequate, or otherwise wrong or inappropriate.
40RI(2) AFP practices issues
An issue of whether a practice or procedure is contrary to law.
(2) Without limiting subsection (1), an AFP practices issue includes...
An issue of whether a practice or procedure is unreasonable.
An issue of whether a practice or procedure is unjust.
An issue of whether a practice or procedure is oppressive.
An issue of whether a practice or procedure is discriminatory.
An issue of whether a practice or procedure is inadequate.
Defines practices and procedures of the Australian Federal Police.
40RI(3) AFP practices issues
Section has effect subject to section 40RJ.
40RI(4) AFP practices issues
australian-federal-police-act-1979.pdf, p.101
40RJ Exclusion of certain employment action
40RJ(1) Exclusion of certain employment action
...an issue that relates to conduct of a person that is conduct that: (a) consists of action taken in relation to an AFP appointee’s employment; and (b) involves neither: (i) a contravention by the person of the AFP professional standards; nor (ii) corrupt conduct by the person.
(1) For the purposes of this Act, an AFP conduct issue does not include...
40RJ(2) Exclusion of certain employment action
...an issue that relates a practice or procedure of the Australian Federal Police...
(2) For the purposes of this Act, an AFP practices issue does not include...
australian-federal-police-act-1979.pdf, p.102
40RK Categories of conduct
40RK(1) Categories of conduct
(1) There are 4 categories of conduct for the purposes of this Act.
The categories are: (i) category 1, (ii) category 2, (iii) category 3, and (iv) category 4.
Category 1 is the lowest and least serious category of conduct.
40RK(2) Categories of conduct
40RK(3) Categories of conduct
Category 2 is the next highest category of conduct
(3) The next highest, and next most serious, is category 2.
40RK(4) Categories of conduct
Conduct giving rise to a corruption issue is the most serious type.
40RK(5) Categories of conduct
40RK(6) Categories of conduct
Temporal prioritization based on categorization
Prioritizes temporal intervals based on categorization
(6) If conduct would otherwise belong to more than one category, it is taken to belong to the higher or highest of those categories.
Knowledge prioritization based on conduct categorization
Prioritizes knowledge based on conduct categorization
Obligation to prioritize higher category
Information prioritization based on conduct categorization
Prioritizes information based on conduct categorization
The category to which conduct belongs may change as more information is obtained.
40RK(7) Categories of conduct
australian-federal-police-act-1979.pdf, p.103
40RL Categories of AFP conduct issues
40RL(1) Categories of AFP conduct issues
Duty to report category 2 conduct issues
40RL(2) Categories of AFP conduct issues
Duty to report category 3 conduct issues
40RL(3) Categories of AFP conduct issues
40RM AFP Commissioner and Ombudsman to determine the kinds
Commissioner and Ombudsman may jointly determine kinds of conduct
40RM(1) AFP Commissioner and Ombudsman to determine the kinds
Conduct not determined is considered category 3 conduct.
40RM(2) AFP Commissioner and Ombudsman to determine the kinds
40RN Category 1 conduct
australian-federal-police-act-1979.pdf, p.104
40RO Category 2 conduct
Determine category 2 conduct for the purposes of this Act.
40RO(1) Category 2 conduct
Ensure category 3 conduct is not treated as such.
40RO(2) Category 2 conduct
the conduct does not warrant being treated as category 3 conduct for the purposes of this Act.
Establish temporal relation between events.
(2) The Commissioner and the Ombudsman must also be satisfied that...
40RP Category 3 conduct
Determine category 3 conduct for the purposes of this Act.
40RP(1) Category 3 conduct
conduct of a particular kind is to be category 3 conduct for the purposes of this Act only if they are satisfied that
(1) The Commissioner and the Ombudsman may determine under subsection 40RM(1)
(b) conduct of that kind does not raise a corruption issue.
40RP(2) Category 3 conduct
australian-federal-police-act-1979.pdf, p.105
Commissioner may issue orders authorizing AFP appointees to act as managers for specific conduct issues.
40RQ Managers for particular categories of AFP conduct issues
australian-federal-police-act-1979.pdf, p.106
40SA Giving information that raises an AFP conduct or practices
Giving information that raises an AFP conduct or practices to the Commissioner or an AFP appointee.
40SA(1) Giving information that raises an AFP conduct or practices
Giving information anonymously is permitted.
40SA(2) Giving information that raises an AFP conduct or practices
Permission to give information anonymously.
Must provide information that implies a desire to be kept informed of action taken.
40SA(3) Giving information that raises an AFP conduct or practices
Expressed intention to be kept informed.
Person gives information that implies a desire to be kept informed.
Person indicates a desire to be kept informed.
The AFP appointee may require the person giving information to reduce it to writing.
40SA(4) Giving information that raises an AFP conduct or practices
The AFP appointee has the power to require reduction of information to writing.
Must provide information about AFP conduct or practices
40SA(5) Giving information that raises an AFP conduct or practices
australian-federal-police-act-1979.pdf, p.107
40SB Arrangements for person in custody to give information
A person in custody must provide information.
40SB(1) Arrangements for person in custody to give information
A custodian is defined as the person in custody or another person performing duties in connection with the detainee's detention.
40SB(2) Arrangements for person in custody to give information
Request for facilities to provide information
40SB(3) Arrangements for person in custody to give information
australian-federal-police-act-1979.pdf, p.109
40SC Recording and dealing with information given under
Recipient must record and deal with information in accordance with Commissioner's orders.
40SC(1) Recording and dealing with information given under
Recipient must provide explanation or take action within a reasonable period if issue is appropriate for informal resolution.
40SC(2) Recording and dealing with information given under
Recipient must provide explanation or take action within a reasonable period.
Recipient satisfied that explanation can be given within a reasonable period.
Recipient satisfied that giving an explanation to the person giving the information is likely to resolve the issue.
Obligation to provide explanation or take action.
Recipient satisfied that issue is appropriate for informal resolution.
Recipient must arrange for action to be taken.
Recipient satisfied that taking other action is likely to resolve the issue.
Recipient able to give person giving information explanation.
Recipient satisfied that the recipient is able to give the person giving the information that explanation, or arrange for that action to be taken, within a reasonable period.
Recipient satisfied that the issue: (i) arises as a result of a misunderstanding of the facts, the law or the practices or procedures of the Australian Federal Police; or (ii) is otherwise appropriate for informal resolution.
Record details of information if issue is not resolved within a reasonable period.
40SC(3) Recording and dealing with information given under
australian-federal-police-act-1979.pdf, p.110
Commissioner may decide that AFP conduct issue should be dealt with under this Part
40SD Commissioner may decide that AFP conduct issue should be
The Commissioner must record and deal with an AFP conduct issue in accordance with orders.
40SE Recording and dealing with information referred under
The Commissioner must perform the action.
australian-federal-police-act-1979.pdf, p.111
40TA Commissioner’s orders about how AFP conduct or practices
Commissioner may issue orders about AFP conduct or practices.
40TA(1) Commissioner’s orders about how AFP conduct or practices
Commissioner has the power to issue orders.
Ensure complainant is kept informed of progress in dealing with AFP conduct issue.
40TA(2) Commissioner’s orders about how AFP conduct or practices
Ensure complainant is kept informed of progress in dealing with AFP practices issue.
40TA(3) Commissioner’s orders about how AFP conduct or practices
australian-federal-police-act-1979.pdf, p.112
Dealing with related AFP conduct issues that have different categories may be dealt with together as if they all belong to the higher or highest of those categories.
40TB Dealing with related AFP conduct issues that have different
40TC Training and development action
Training and development action is a duty to improve AFP appointee's performance.
40TC(1) Training and development action
Training and development action for AFP appointee
40TC(2) Training and development action
Obligation to provide training and development action
40TD Remedial action
40TD(1) Remedial action
Definition of remedial action as an obligation to remedy unsatisfactory performance
Remedial action for AFP appointee may include improving behavior, structured changes to employment, or recording adverse findings.
40TD(2) Remedial action
State has obligation to provide remedial action for AFP appointee.
Remedial action may include counselling, reprimanding, or giving a formal warning to the AFP appointee.
40TD(3) Remedial action
Remedial action may take one or more of the following forms: changing shifts, restricting duties, reassigning duties, or transferring to another part.
40TD(4) Remedial action
(4) Without limiting paragraph (2)(b), remedial action in relation to the AFP appointee may take one or more of the following forms:
australian-federal-police-act-1979.pdf, p.113
Defines termination action for AFP appointees
40TE Termination action
australian-federal-police-act-1979.pdf, p.115
40TF Discretion to take no further action in relation to AFP conduct
40TF(1) Discretion to take no further action in relation to AFP conduct
Must provide information under section 40SA
(a) a person gives information under section 40SA that raises: (i) an AFP conduct issue in relation to conduct engaged in by an AFP appointee; or (ii) an AFP practices issue in relation to a practice or procedure of the AFP;
Must decide under section 40SD that an AFP conduct issue is to be dealt with under this Part
(b) the Commissioner decides under section 40SD that an AFP conduct issue in relation to an AFP appointee is to be dealt with under this Part.
Commissioner may determine no further action is to be taken under this Part in relation to AFP conduct if certain conditions are met.
40TF(2) Discretion to take no further action in relation to AFP conduct
Commissioner may determine no further action is to be taken.
Commissioner may determine no further action is to be taken if appropriate action has already been taken.
(b) appropriate action has already been taken:
Commissioner may determine no further action is to be taken if the person gave information under section 40SA more than 12 months after becoming aware of the conduct.
(a) the person became aware of the conduct, or the practice or procedure, more than 12 months before the person gave the information under section 40SA;
australian-federal-police-act-1979.pdf, p.117
40TG When Subdivision applies
Subdivision applies under certain conditions
40TG(1) When Subdivision applies
40TG(2) When Subdivision applies
Ensure adequate opportunity for AFP appointee and complainant to be heard in relation to the issue.
40TH How issue is dealt with
Ensure adequate opportunity for AFP appointee and complainant to be heard.
(1) In dealing with the AFP conduct issue, the manager must:
Determine action to be taken under section 40TI or 40TJ.
Consider whether information raises an AFP practices issue.
australian-federal-police-act-1979.pdf, p.118
Manager must take training and development action if satisfied category 1 conduct has occurred.
40TI Action that may be taken in relation to category 1 conduct
Action that may be taken in relation to category 2 conduct
40TJ Action that may be taken in relation to category 2 conduct
australian-federal-police-act-1979.pdf, p.119
40TK AFP practices issue identified in course of dealing with AFP
Manager must be satisfied that information raises an AFP practices issue.
40TK(1) AFP practices issue identified in course of dealing with AFP
that the information raises an AFP practices issue.
Manager's satisfaction must occur before section application
(1) This section applies if the manager is satisfied
Manager's satisfaction implies section application
Manager recognizes satisfaction as a condition for section application
Section application spreads to related information
Manager must inform AFP appointee of identified issue.
40TK(2) AFP practices issue identified in course of dealing with AFP
Manager must address AFP practices issue
40TK(3) AFP practices issue identified in course of dealing with AFP
40TL When Subdivision applies
40TL(1) When Subdivision applies
40TL(2) When Subdivision applies
australian-federal-police-act-1979.pdf, p.120
40TM Head of unit constituted under section 40RD to notify
The head of the unit must notify the Ombudsman about category 3 conduct issues.
40TM(1) Head of unit constituted under section 40RD to notify
The head of the unit must notify the Ombudsman.
Exemption from subsection (1) when dealt with jointly by Ombudsman and Australian Federal Police.
40TM(2) Head of unit constituted under section 40RD to notify
40TN Head of unit constituted under section 40RD generally
Allocate issue to law enforcement officers for investigation.
40TN(1) Head of unit constituted under section 40RD generally
Head of unit may allocate issue to himself/herself.
40TN(2) Head of unit constituted under section 40RD generally
Allocation of issue to person outside unit requires Commissioner's agreement.
40TN(3) Head of unit constituted under section 40RD generally
australian-federal-police-act-1979.pdf, p.121
40TO Commissioner must allocate issue to someone outside unit
Commissioner must allocate issue to someone outside unit
40TO(1) Commissioner must allocate issue to someone outside unit
The Commissioner must allocate the issue to a person for investigation.
40TO(2) Commissioner must allocate issue to someone outside unit
The Commissioner must allocate the issue.
The person allocated must not be a member of the unit.
40TO(3) Commissioner must allocate issue to someone outside unit
The person to whom the issue is allocated must not be a member of the unit.
Corruption issue cannot be allocated to the Ombudsman
40TO(4) Commissioner must allocate issue to someone outside unit
Issue cannot be allocated to the Ombudsman
Issue must be allocated to someone outside the unit
Corruption issue must not be allocated to the Ombudsman
Ombudsman is not allowed to allocate issue
Commissioner must allocate issue to the Ombudsman if category 3 conduct issue.
40TO(5) Commissioner must allocate issue to someone outside unit
Consultation with Ombudsman required when allocating issue to someone outside unit
40TO(6) Commissioner must allocate issue to someone outside unit
Commissioner must consult with Ombudsman
Commissioner must consult with National Anti-Corruption Commissioner about the choice of person to whom issue is allocated.
40TO(7) Commissioner must allocate issue to someone outside unit
Issue is a corruption issue and has been allocated for at least one day.
(7) If the issue is a corruption issue, the Commissioner must consult with the National Anti-Corruption Commissioner about the choice of the person to whom the issue is to be allocated.
Must provide consultation with National Anti-Corruption Commissioner.
Issue has been allocated for at least one day.
australian-federal-police-act-1979.pdf, p.122
Person must have qualifications or experience for issue allocation
40TP Persons eligible to have category 3 conduct issue or corruption
Person has appropriate qualifications or experience
40TQ How category 3 conduct issue or corruption issue is dealt with
Section applies if issue is allocated to a person under section 40TN or 40TO.
40TQ(1) How category 3 conduct issue or corruption issue is dealt with
Ensure complainant has adequate opportunity to be heard in relation to the issue.
40TQ(2) How category 3 conduct issue or corruption issue is dealt with
Ensure complainant has adequate opportunity to be heard.
40TR Recommendations that may be made in relation to category 3
The investigator may recommend one or more actions to be taken in relation to the AFP appointee.
40TR(1) Recommendations that may be made in relation to category 3
The recommendation may be made at any stage of the investigation.
The investigator may take one or more actions.
The Commissioner can take one or more actions in relation to the AFP appointee.
The investigator must recommend one or more actions if satisfied on reasonable grounds.
One or more of the following actions may be taken.
The Commissioner may take termination action in relation to an AFP employee.
40TR(2) Recommendations that may be made in relation to category 3
australian-federal-police-act-1979.pdf, p.123
Investigator has powers in relation to investigation of issue.
40TS Investigative powers
Investigator must prepare and give written report after investigation completion.
40TU Report of investigation
Obligation to prepare and give written report.
australian-federal-police-act-1979.pdf, p.124
Ensure recommendations are fully considered and appropriate action is taken.
40TV Taking action on report
40TW AFP practices issue identified in course of dealing with AFP
Section applies if information raises an AFP practices issue and a report is prepared under section 40TU.
40TW(1) AFP practices issue identified in course of dealing with AFP
Temporal relationship between investigation and report preparation
Investigator prepares a report under section 40TU in relation to the investigation
Information raises an AFP practices issue
Section applies if report is prepared under section 40TU
Conditional obligation to prepare report under section 40TU
Must identify AFP practices issue in report.
40TW(2) AFP practices issue identified in course of dealing with AFP
Obligation to identify AFP practices issue.
australian-federal-police-act-1979.pdf, p.125
40TX Commissioner to ensure that appropriate action is taken in
Ensure action is taken in response to AFP practices issue
40TX(1) Commissioner to ensure that appropriate action is taken in
(1) This section applies if: (a) a person gives information under section 40SA that raises an AFP practices issue; or (b) an AFP practices issue is: (i) brought, under section 40TK, to the attention of an AFP appointee; or (ii) identified, under section 40TW, in a report prepared under section 40TU; as a result of an AFP conduct issue being dealt with under this Part.
Ensure appropriate action is taken to deal with the issue.
40TX(2) Commissioner to ensure that appropriate action is taken in
australian-federal-police-act-1979.pdf, p.126
40UA Minister may arrange special inquiries
The Minister may arrange for an inquiry to be held.
40UA(1) Minister may arrange special inquiries
Subsection (1) applies even if certain conduct or matters are being dealt with under other provisions.
40UA(2) Minister may arrange special inquiries
40UB Minister to inform certain persons and bodies of inquiry
Minister must inform certain persons and bodies of inquiry
40UB(1) Minister to inform certain persons and bodies of inquiry
(a) the fact that the inquiry will be held; (b) the conduct or matter into which the inquiry is to be held; (c) the person or persons who are to conduct the inquiry; (d) the manner in which the inquiry will be held.
Inform certain persons and bodies of inquiry details
40UB(2) Minister to inform certain persons and bodies of inquiry
...the manner in which the inquiry will be held.
Temporal interval of information provision
australian-federal-police-act-1979.pdf, p.127
40UC Division 3 investigation may be suspended pending outcome
Division 3 investigation may be suspended pending outcome
40UC(1) Division 3 investigation may be suspended pending outcome
Commissioner may suspend further action pending inquiry completion.
40UC(2) Division 3 investigation may be suspended pending outcome
Commissioner may terminate investigation under Division 3.
40UC(3) Division 3 investigation may be suspended pending outcome
Consultation with Ombudsman required before taking action under subsection (2) or (3)
40UC(4) Division 3 investigation may be suspended pending outcome
The consultation with Ombudsman MUST MEET within a certain temporal interval
Temporal interval for consultation with Ombudsman
(4) If the conduct or matter is being dealt with under Division 3 jointly by the Ombudsman and the Australian Federal Police...
The Commissioner MUST consult the Ombudsman before taking action under subsection (2) or (3)
The Commissioner MUST inform the Ombudsman of any action taken under subsection (2) or (3)
Obligation to inform Ombudsman of action taken
The action under subsection (2) or (3) MUST MEET within a certain temporal interval
Temporal interval for action under subsection (2) or (3)
40UD Reports of special inquiries
Must report results of inquiry to Minister and make recommendations if any.
40UD(1) Reports of special inquiries
40UD(2) Reports of special inquiries
australian-federal-police-act-1979.pdf, p.129
40VA Application of Division
This Division applies if a person (the investigator) is investigating a category 3 conduct issue or a corruption issue under Division 3.
40VA(1) Application of Division
(investigator is conducting an inquiry under Division 4)
(investigator is investigating a category 3 conduct issue or a corruption issue under Division 3)
Powers provided in this Division are in addition to any other powers the investigator may have.
40VA(2) Application of Division
40VB Manner of conducting investigation or inquiry
The investigator has discretion over the manner of conducting the investigation or inquiry.
40VB(1) Manner of conducting investigation or inquiry
Investigator must investigate jointly with Ombudsman and in accordance with arrangement.
40VB(2) Manner of conducting investigation or inquiry
The investigator must investigate jointly with the Ombudsman; and investigate the issue in accordance with the arrangement.
Investigation is between investigation by investigator and investigation by Ombudsman.
(2) If the Ombudsman makes an arrangement...
Must investigate jointly with Ombudsman and in accordance with arrangement.
Head of unit may give investigator directions on investigation manner.
40VB(3) Manner of conducting investigation or inquiry
australian-federal-police-act-1979.pdf, p.130
40VC Obtaining information and making inquiries
Investigator may obtain information and make inquiries as they think fit.
40VC(1) Obtaining information and making inquiries
40VC(2) Obtaining information and making inquiries
40VD Relationship with other laws
AFP appointee must comply with laws that would apply without the sections.
40VD(1) Relationship with other laws
Nothing in subsection (1) affects the operation of any other provision of this Division.
40VD(2) Relationship with other laws
australian-federal-police-act-1979.pdf, p.131
40VE Directions to AFP appointee
Investigator may direct AFP appointee to provide information or produce documents.
40VE(1) Directions to AFP appointee
The direction begins at a certain point in time.
Direction specifies when information must be provided.
Information is to be provided at some point in time.
Compliance is necessary for the investigation.
Investigator must state direction, specify investigation subject matter, and provide written copy to AFP appointee.
40VE(2) Directions to AFP appointee
Must comply with direction despite potential public interest concerns
40VE(3) Directions to AFP appointee
australian-federal-police-act-1979.pdf, p.133
Investigator may enter and search AFP premises for investigation or inquiry purposes.
40VF Entering and searching AFP premises
australian-federal-police-act-1979.pdf, p.134
40VG Special powers if investigator conducting inquiry under
australian-federal-police-act-1979.pdf, p.137
40VH Offences
Refusal to comply with direction or be sworn/affirmed is an offence.
40VH(1) Offences
An AFP appointee commits an offence if the AFP appointee: (a) refuses or fails to comply with a direction given under subsection 40VE(1) or 40VG(2);
Prohibition of refusal to comply with direction.
(a) refuses or fails to comply with a direction given under subsection 40VE(1) or 40VG(2);
An AFP appointee commits an offence if the AFP appointee: (b) refuses or fails to be sworn or make an affirmation, when required to do so under subsection 40VG(2);
Prohibition of refusal to be sworn/affirmed.
(b) refuses or fails to be sworn or make an affirmation, when required to do so under subsection 40VG(2);
An AFP appointee commits an offence if the AFP appointee: (c) gives information or makes a statement to the investigator knowing that it is false or misleading in a material particular.
Prohibition of giving false information.
(c) gives information or makes a statement to the investigator knowing that it is false or misleading in a material particular.
Defendant bears evidential burden for reasonable excuse.
40VH(2) Offences
Defendant bears burden of proof for excuse
Prosecution must prove investigator compliance with certain directions.
40VH(3) Offences
Prosecution bears the onus of proving...
Investigator must comply with directions.
Subsection (3) requires prosecution to prove compliance with certain directions.
Investigator has an obligation to comply.
australian-federal-police-act-1979.pdf, p.138
40WA Record keeping
The Commissioner must keep adequate records.
40WA(1) Record keeping
The Commissioner must keep records of certain information and actions.
40WA(2) Record keeping
Exemption from record keeping for certain conduct issues
40WA(3) Record keeping
Access to records for performing functions
40WA(4) Record keeping
Access to records for Ombudsman's functions
40WA(5) Record keeping
Access to records is a temporal aspect of Ombudsman's functions
Access to records occurs during Ombudsman's functions
Ombudsman performs functions that require access to records
State must provide access to records for Ombudsman's functions
State implies provision of access to records for Ombudsman's functions
Ombudsman requires access to records for functions
State recognizes Ombudsman's right to access records
CogAI recognizes State's obligation to provide access to records
Ombudsman's functions require access to records
State diffuses access to records for Ombudsman's functions
Access to records diffuses to Ombudsman's functions
australian-federal-police-act-1979.pdf, p.139
40WB Records about corruption issues
Directs the Commissioner to restrict access to information about a corruption issue.
40WB(1) Records about corruption issues
Directs the Commissioner to restrict access.
The Commissioner must comply with direction.
40WB(2) Records about corruption issues
australian-federal-police-act-1979.pdf, p.140
40XA Annual reviews by Ombudsman
Defines review periods for Ombudsman annual reviews
40XA(1) Annual reviews by Ombudsman
Annual review of AFP conduct issues and practices by Ombudsman
40XA(2) Annual reviews by Ombudsman
The Ombudsman may inspect records for review purposes.
40XB Ad hoc reviews by Ombudsman
The Commissioner must provide information and access to documents upon request.
40XC Commissioner to provide information and access to
The Commissioner must provide information and access to documents.
40XD Annual reports by Ombudsman
Annual reports by Ombudsman must be prepared and presented to the Senate and House of Representatives.
40XD(1) Annual reports by Ombudsman
Annual reports by Ombudsman must include comments on comprehensiveness and adequacy of administration.
40XD(2) Annual reports by Ombudsman
australian-federal-police-act-1979.pdf, p.142
40YA Victimisation
Causing or threatening detriment to another person on grounds of providing information under this Part.
40YA(1) Victimisation
Prohibits causing or threatening detriment.
40YA(2) Victimisation
No fear of threat's execution is necessary to prove in prosecution.
40YA(3) Victimisation
Providing false information about AFP conduct or practices is prohibited.
40YB Providing false information about AFP conduct or practices
Prohibits providing false information about AFP conduct or practices.
The person knows that the information is false in a material partical.
australian-federal-police-act-1979.pdf, p.143
Refusing or failing to comply with a request for personal information without reasonable excuse is prohibited.
40YC AFP appointees to provide name, etc.
Refusal or failure to comply is prohibited.
Prohibition of refusing or failing to comply with a request without reasonable excuse.
australian-federal-police-act-1979.pdf, p.144
40ZA Secrecy
Confidentiality requirement for certain investigations and inquiries.
40ZA(1) Secrecy
Making or divulging records of investigation information is prohibited.
40ZA(2) Secrecy
(2) A person who is, or has been, a person to whom this section applies commits an offence...
40ZA(3) Secrecy
Allow person to divulge information for investigation or inquiry purposes
40ZA(4) Secrecy
Consent required for divulging or communicating information.
40ZA(5) Secrecy
Exemption from subsection (2) prohibition on producing records or giving information in evidence before a court.
40ZA(6) Secrecy
Permission to produce records or give information in evidence before a court.
Allowance to disclose information for IGIS purposes
40ZA(6A) Secrecy
Defines the appropriate person for purposes of this section.
40ZA(7) Secrecy
australian-federal-police-act-1979.pdf, p.146
Definitions for Part VA of the Australian Federal Police Act 1979
41 Definitions
...the day on which Schedule 1 to the Australian Federal Police Legislation Amendment Act 1999 commences.
Schedule 1 to the Australian Federal Police Legislation Amendment Act 1999 commences.
...a body corporate, whether incorporated before, on or after the commencing day...
...an unincorporated authority or body...
(i) that is a subsidiary of another body corporate mentioned in paragraph (a) or (b); and
...the day on which this Part commences.
australian-federal-police-act-1979.pdf, p.150
Definition of old law member or staff member
41A Old law members or staff members
Offences are related if they share physical elements.
42 Related offences
Absconding in connection with an offence is prohibited.
42A Abscond
Prohibits absconding in connection with an offence.
australian-federal-police-act-1979.pdf, p.151
A person must be charged with an offence if a summons or warrant is issued.
42B Charge with offence
The charge with offence occurs after the summons is issued
The charge must occur after the issuance of a summons or warrant
A summons has been issued requiring the attendance of the person to answer the information
The person must be charged with the offence
The state must ensure the charge with offence occurs
The state must ensure that a person is charged with an offence if a summons or warrant is issued
The person must be charged with an offence if a summons or warrant is issued
The current charge is part of the trace of charges
The trace of charges must include the current charge
A warrant for the arrest of the person has been issued
A person is taken to be convicted of an offence if they are convicted or abscond in connection with the offence.
42C Conviction and quashing of conviction
australian-federal-police-act-1979.pdf, p.152
42D Property of a person
Property of a person is to be taken into account when making a restraining order.
42D(1) Property of a person
Property of a person overlaps with property that includes property with a beneficial interest.
Overlaps with property that includes property with a beneficial interest.
(1) For the purpose of making a restraining order against the property of a person, that property is to be taken to include property in which the person has a beneficial interest.
Property of a person has a beneficial interest in it.
Has beneficial interest in property of a person.
Property of a person includes property in which the person has a beneficial interest.
Includes property in which the person has a beneficial interest.
Property of a person diffuses into property that includes property with a beneficial interest.
Diffuses into property that includes property with a beneficial interest.
Property of a person occurs before property that includes property with a beneficial interest.
Occurs before property that includes property with a beneficial interest.
Property of a person is to be taken into account when making a restraining order against the property of a defendant.
42D(2) Property of a person
Obligation to take property into account
Restraining order against property of a person
Property available for recovery order satisfaction
42D(3) Property of a person
is available to satisfy a recovery order made against the person, whether or not a restraining order has been made against the property
(3) Property that is to be taken to be property of a person under subsection (1)
is available to satisfy a recovery order made against the person
Property must be available to satisfy a recovery order if a restraining order is in place.
42D(4) Property of a person
australian-federal-police-act-1979.pdf, p.153
Dealing with property includes incurring further liability or increasing debt.
42E Dealing with property
australian-federal-police-act-1979.pdf, p.154
42F Effective control of property
Property may be subject to effective control of a person.
42F(1) Effective control of property
Reasonable grounds to believe property is subject to effective control
Determine whether property is subject to effective control of a person
42F(2) Effective control of property
Defines family relationships for the purpose of paragraph (2)(e)
42F(3) Effective control of property
Defines who is considered a child for the purposes of the Act.
42F(4) Effective control of property
australian-federal-police-act-1979.pdf, p.155
A consideration sufficient for transferring or acquiring property is one that reflects its value.
42G Sufficient consideration
42H Application of Part to convictions and offences
This Part does not apply to a person’s conviction of an offence if the conviction happened before the commencing day.
42H(1) Application of Part to convictions and offences
The commencing day overlaps with the past.
If a condition is true, then the obligation is not met.
This Part applies to an offence committed, or believed to have been committed, at any time, whether before, on or after the commencing day.
42H(2) Application of Part to convictions and offences
This Part applies during the commencing day.
The provision applies during the commencing day.
(2) This Part applies to an offence committed, or believed to have been committed, at any time, whether before, on or after the commencing day.
The provision applies to an offence committed, or believed to have been committed, at any time.
42J Crown bound
42J(1) Crown bound
The Crown is not liable to be prosecuted for an offence under this Part.
42J(2) Crown bound
The Crown is not liable to be prosecuted for an offence.
This provision applies to a specific temporal interval.
Nothing in this Part renders the Crown liable to be prosecuted for an offence.
This provision applies to a specific context.
australian-federal-police-act-1979.pdf, p.156
43 Notice of charge etc.
Commissioner must notify Minister of charge.
43(1) Notice of charge etc.
particulars of the charge, reasons why the Commissioner considers that the offence is or may be a corruption offence
Notice must contain particulars of charge and reasons for considering it a corruption offence.
43(2) Notice of charge etc.
Must provide notice with particulars of charge and reasons
Notification of Minister upon charge outcome
43(3) Notice of charge etc.
Authority to apply for superannuation order
44 Authority to apply for superannuation order
Therefore, during this time, the DPP shall authorise the appropriate court to apply for a superannuation order in respect of the person.
During which time the offence is a corruption offence
The Minister administering the Crimes (Superannuation Benefits) Act 1989 is of the opinion that the offence is a corruption offence.
Therefore, the DPP shall authorise the appropriate court to apply for a superannuation order in respect of the person.
Implies that the DPP shall authorise the appropriate court to apply for a superannuation order in respect of the person
Has obligation to apply for superannuation order
Has permission to apply for superannuation order
Therefore, everywhere that the offence is a corruption offence, the DPP shall authorise the appropriate court to apply for a superannuation order in respect of the person.
Everywhere that the offence is a corruption offence
The provision applies when the Minister administering the Crimes (Superannuation Benefits) Act 1989 is of the opinion that the offence is a corruption offence.
australian-federal-police-act-1979.pdf, p.157
45 Application for superannuation order
DPP must make application to court for superannuation order
45(1) Application for superannuation order
DPP must make application to court if certain conditions met
45(1A) Application for superannuation order
Application for superannuation order must be made under this section.
45(2) Application for superannuation order
The DPP must not make an application for a superannuation order unless under this section.
Prohibition of making an application for a superannuation order outside this section.
(2) The DPP must not make an application for a superannuation order otherwise than under this section.
45(3) Application for superannuation order
DPP must give written notice of application
australian-federal-police-act-1979.pdf, p.158
45A Application for superannuation order: evidence
Court may consider transcript of proceedings and evidence given in those proceedings when determining an application for a superannuation order.
45A(1) Application for superannuation order: evidence
Court may consider transcript of proceedings and evidence given in those proceedings.
Prima facie evidence of fact in proceedings
45A(2) Application for superannuation order: evidence
Documents under seal overlap with court finding
Court finding appears on documents under seal
Obligation to provide prima facie evidence
Certificate signed or sealed by the person's superannuation authority
Prima facie evidence of employer contributions or benefits
45A(3) Application for superannuation order: evidence
is prima facie evidence of the matters stated in the certificate.
Employer contributions or benefits are held in a specified fund
(a) stating that employer contributions or benefits made or payable by the Commonwealth...
Employer contributions or benefits are equal to the sum of those contributions or benefits as at the specified day plus the amount of interest accrued under the scheme
(b) stating the amount that equals the sum of those contributions or benefits...
The certificate must state that benefits have been paid to the person under the relevant superannuation scheme, and the amount of those benefits as at the specified day.
A certificate signed or sealed by the person’s superannuation authority is required as evidence for an application for a superannuation order.
45A(4) Application for superannuation order: evidence
The certificate is required as evidence.
Document purporting to be sealed with court seal is taken as lawfully sealed unless proven otherwise.
45A(5) Application for superannuation order: evidence
Document purporting to be signed or sealed by superannuation authority is taken as authentic unless proven otherwise.
45A(6) Application for superannuation order: evidence
Imposes obligation on superannuation authority to authenticate documents.
australian-federal-police-act-1979.pdf, p.159
46 Superannuation orders
Court must declare person convicted of corruption offence and apply Part to their rights under superannuation scheme.
46(1) Superannuation orders
Court must declare person convicted of corruption offence.
Court must not make superannuation order unless person has absconded and committed for trial or jury could find guilty.
46(2) Superannuation orders
Court must not make superannuation order unless...
Absconding is within a temporal interval that requires court consideration.
(2) Where a person is, because of paragraph 42C(1)(b), to be taken to have been convicted of an offence...
Positive obligation for court to consider absconding.
australian-federal-police-act-1979.pdf, p.161
A superannuation order takes effect on the day it is made.
46A When does a superannuation order take effect?
australian-federal-police-act-1979.pdf, p.162
47 Effect of superannuation order
Ceases rights and benefits payable to or in respect of the person on the day the order takes effect.
47(1) Effect of superannuation order
...an adjustment payment is not payable to the person on or after that day.
Overlaps with the day the order takes effect.
(aa) any entitlement of the person to an adjustment payment ceases on that day...
...all rights of, and benefits payable to or in respect of, the person cease...
Implicates cessation of rights and benefits.
(1) Where a court makes a superannuation order...
Prohibits rights and benefits payable to or in respect of the person.
...the Commonwealth or a Commonwealth organisation is not liable to pay any employer contribution or benefit under the scheme in respect of the person on or after that day.
Prohibits liability for employer contributions and benefits.
(c) the Commonwealth or a Commonwealth organisation is not liable to pay any employer contribution or benefit under the scheme in respect of the person on or after that day...
Recurring trace with the day the order takes effect.
(b) any amount of the kind mentioned in subsection 46(3) that is vested in the person ceases to be so vested on that day...
Debt due to Commonwealth or organisation
47(1A) Effect of superannuation order
(1A) An amount payable by a person to the Commonwealth or a Commonwealth organisation under a superannuation order is a debt due by the person to the Commonwealth or the Commonwealth organisation, as the case may be.
Identifies an assertion about a natural person
Identifies an assertion about a legal person
Enforcement of superannuation order as a civil proceeding
47(1B) Effect of superannuation order
Entitlement to payment upon cessation of employment
47(2) Effect of superannuation order
...on the day on which he or she ceases to be a member of the relevant superannuation scheme.
(2) Despite the Superannuation Act, or any other Act or any agreement...
Entitlement to payment of benefits upon cessation of membership
47(3) Effect of superannuation order
(b) who would, but for that subsection, have been entitled to payment of benefits under the relevant superannuation scheme on or after the day on which the superannuation order takes effect
The entitlement occurs during the period of membership
(a) who: (i) was an AFP employee at the time the relevant corruption offence was committed but was not such an employee when charged with that offence; or (ii) was an old law member or staff member at the time the relevant corruption offence was committed but was not such a member or an AFP employee when charged with that offence
the person is entitled, on the day on which he or she ceases to be a member of the scheme, to payment of an amount worked out using the formula
Entails an obligation to provide payment upon cessation of membership
The entitlement is conditional upon meeting certain conditions
The entitlement ends upon cessation of membership
australian-federal-police-act-1979.pdf, p.164
47A Superannuation orders: variation
Variation of superannuation order by DPP after its effect
47A(1) Superannuation orders: variation
...apply to the court that made the order...
Variation occurs after effect of original order
...having regard to any amount of employer contributions...
DPP's variation is based on employer contributions
...as soon as practicable after the order takes effect...
Duty of DPP to vary order after its effect
...vary the order by substituting for the specified amount...
Court must vary superannuation order upon application.
47A(2) Superannuation orders: variation
Defines prescribed period for superannuation order variation
47A(3) Superannuation orders: variation
Defines temporal interval for prescribed period
prescribed period means the period starting on the day on which...
47B Superannuation orders: revocation
A superannuation order made in relation to a person is revoked if certain conditions are met.
47B(1) Superannuation orders: revocation
...the making of an application for a superannuation order under subsection 45(1A); or
(1) A superannuation order made in relation to a person is to be taken...
Obligation to revoke superannuation order
(b) the person’s sentence is so reduced or otherwise changed that...
(c) where the person is taken to be convicted because of...
...the person is brought before a court in respect of the offence concerned and, having been convicted...
(a) the person’s conviction is quashed; or
Written notice must be given to the person in respect of whom the order was made and their superannuation authority.
47B(2) Superannuation orders: revocation
Amount determined by the Finance Minister
Payable amount for revocation of superannuation order
47B(3) Superannuation orders: revocation
Excerpt describes a temporal interval between two events
(3) Where: (a) a superannuation order is made in relation to a person who is taken to be convicted because of paragraph 42C(1)(b); and (b) the superannuation order is to be taken to have been revoked;
Excerpt implies a relationship between two events or conditions
Excerpt describes a diffusion of information or obligation
Excerpt describes a temporal relationship between two events
australian-federal-police-act-1979.pdf, p.166
49A Application for restraining order
Application for restraining order against specified property
49A(1) Application for restraining order
the DPP may apply to the appropriate court for a restraining order
Temporal relation between charging and application for restraining order
(b) has been, or is about to be, charged with an offence;
Obligation on DPP to apply for restraining order
(1) Where a person (in this Division called the defendant):
Obligation on defendant to prevent application for restraining order
(a) has been convicted of an offence; or (b) has been, or is about to be, charged with an offence;
The DPP may give undertakings regarding payment of damages or costs.
49A(2) Application for restraining order
49B Making of restraining orders
49B(1) Making of restraining orders
...the court may, by order, direct that the property...
(1) Subject to this Division, where an application is made for a restraining order...
Restraining order cannot exceed amount necessary for recovery of losses.
49B(2) Making of restraining orders
Restraining order must not exceed amount necessary for recovery of losses.
Court can make restraining order against property with value more than payable by defendant under recovery order.
49B(3) Making of restraining orders
Court permits making restraining order against property
(3) Subsection (2) does not prevent the court from making a...
A court may make a restraining order against property.
49B(4) Making of restraining orders
Court has the power to make a restraining order.
Court must not make restraining order unless defendant will be charged within 48 hours.
49B(5) Making of restraining orders
Defendant will be charged within 48 hours.
Application made in reliance on proposed charging.
Court refusal to make restraining order based on Commonwealth's undertakings
49B(6) Making of restraining orders
australian-federal-police-act-1979.pdf, p.167
Restraining order conditions for a person's property
49C Restraining order may be subject to conditions
Establishes obligations for a restraining order
australian-federal-police-act-1979.pdf, p.168
49D Affidavit of police officer needed in certain cases
Affidavit of police officer stating belief in defendant's guilt
Court must have affidavit from police officer to make restraining order
49D(1) Affidavit of police officer needed in certain cases
Affidavit of police officer stating belief in defendant's control
Court must have affidavit from police officer to make restraining order against property
49D(2) Affidavit of police officer needed in certain cases
Grounds on which the officer holds that belief
Police officer must state grounds for belief in affidavit.
49D(3) Affidavit of police officer needed in certain cases
Court may direct DPP to give or publish notice of application.
49D(4) Affidavit of police officer needed in certain cases
Direct the DPP to give or publish notice.
Police officer must be a member of the Australian Federal Police or a State/Territory police force.
49D(5) Affidavit of police officer needed in certain cases
Police officer is a member of the Australian Federal Police or a State/Territory police force.
australian-federal-police-act-1979.pdf, p.169
49E Notice of application for restraining order
Notice of application for restraining order to property owners and interested persons
49E(1) Notice of application for restraining order
Court must consider application if DPP asks, but restraining order ceases after 14 days.
49E(2) Notice of application for restraining order
49EA Extension of certain restraining orders
Court may extend restraining order on application by DPP
49EA(1) Extension of certain restraining orders
Applying certain subsections to the extension of a restraining order
49EA(2) Extension of certain restraining orders
Notice to owner and any person with interest in property
Must give written notice of application for extension of restraining order
49EA(3) Extension of certain restraining orders
australian-federal-police-act-1979.pdf, p.170
49F Persons who may appear and adduce evidence
Any person with an interest may provide evidence at a hearing.
49F(1) Persons who may appear and adduce evidence
Notice of application given under subsection 49E(1)
Any person who claims an interest in the property may appear and adduce evidence
Any person with an interest may appear and adduce evidence
49F(2) Persons who may appear and adduce evidence
Witnesses are not required to answer questions or produce documents if it may prejudice an investigation or prosecution.
49G Witnesses not required to answer questions etc. in certain cases
Witnesses are not required to answer questions or produce documents.
49H Notice of restraining orders
Must provide written notice of restraining order to person's property
49H(1) Notice of restraining orders
DPP must give notice of restraining order as soon as practicable after end of specified period.
49H(2) Notice of restraining orders
The DPP must give the person notice of the restraining order.
australian-federal-police-act-1979.pdf, p.171
49J Ancillary orders
Court may make ancillary orders with a restraining order.
49J(1) Ancillary orders
49J(2) Ancillary orders
Restraining order against property in reliance on conviction, charging or proposed charging.
49J(3) Ancillary orders
Defines the temporal overlap between a conviction and a restraining order.
(b) an appropriate court makes a restraining order against property in reliance on the conviction, charging or proposed charging;
Establishes the implication between a conviction and a restraining order.
(a) a defendant has been convicted of, or has been charged or is about to be charged with, an offence;
Inferentially relates a conviction to a restraining order.
Imposes a duty on the state to make a restraining order.
Propagates the effect of a conviction to a restraining order.
australian-federal-police-act-1979.pdf, p.172
49K Charge on property subject to restraining order
Charge on property subject to restraining order
49K(1) Charge on property subject to restraining order
...upon the making of the later of the orders, there is created...
Describes the temporal relationship between the charge and the recovery order
...the making of the later of the orders, there is created...
...there is created, by force of this section, a charge on the property to secure the payment of the amount specified in the recovery order
Describes the relationship between the charge and the payment
(a) a recovery order is made against a defendant;
...property of another person in relation to which an order is, or has been, made under subsection 53A(1);
Describes how the system recognizes entities (property) subject to the charge
...a charge on the property to secure the payment of the amount specified in the recovery order
Imposes a duty on the Commonwealth or relevant organisation to secure payment
Describes how the charge spreads to other entities
Charge on property ceases to have effect under specified conditions.
49K(2) Charge on property subject to restraining order
(2) A charge on property of a person ceases to have effect: (a) if the relevant recovery order ceases to have effect;
(2) A charge on property of a person ceases to have effect:
A charge on property has priority over all other encumbrances.
49K(3) Charge on property subject to restraining order
Charge on property overlaps with other encumbrances.
Charge on property has priority over all other encumbrances.
CogAI recognizes the charge on property.
CogAI recognizes the charge on property as a valid encumbrance
Charge on property is subject to every encumbrance...
Charge has priority over all other encumbrances.
Change of ownership diffuses the effect on the charge.
Change of ownership does not affect the charge on property
Charge on property is recurrently present in the property's history.
Charge created on property of a particular kind
49K(4) Charge on property subject to restraining order
(4) Where: (a) a charge is created on property of a particular kind;
australian-federal-police-act-1979.pdf, p.174
49L Registration of restraining orders
Authority responsible for administering provisions may record particulars of restraining order on register.
49L(1) Registration of restraining orders
Authority has obligation to record particulars.
A person who deals with property must have notice of a restraining order if it has been recorded.
49L(2) Registration of restraining orders
Imposes a duty on the state to provide notice of restraining orders.
49M Contravention of restraining orders
Restraining order contravention is an offence punishable by imprisonment.
49M(1) Contravention of restraining orders
Restraining order contravention is prohibited.
Disposing of property in contravention of a restraining order
49M(2) Contravention of restraining orders
the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith;
Temporal overlap between property disposal and restraining order
(a) a restraining order is made against property; (b) the property is disposed of, or otherwise dealt with, in contravention of the restraining order;
Implying property disposal and restraining order
Diffusing property disposal and restraining order
Recurring trace of property disposal and restraining order
Court may set aside disposition or dealing as from a specific day.
49M(3) Contravention of restraining orders
Court's power is between the disposition or dealing and the specific day.
(3) Where the DPP makes an application...
Court implies that disposition or dealing is prohibited after a specific day.
Court recognizes the need to set aside disposition or dealing.
Court prohibits the disposition or dealing.
Court's power spreads to disposition or dealing after a specific day.
australian-federal-police-act-1979.pdf, p.175
Revocation of restraining orders under certain conditions.
49N Restraining orders: revocation
Granting permission to revoke a restraining order.
Restraining orders cease effect upon acquittal or withdrawal of charge without conviction.
49P When do restraining orders cease to have effect?
(1) A restraining order ceases to have effect if...
australian-federal-police-act-1979.pdf, p.176
49Q Extension of period of effect of restraining orders
Extension of period of effect of restraining orders
49Q(1) Extension of period of effect of restraining orders
Granting permission to extend the period of effect of restraining orders
Court may extend period of effect of restraining order under certain conditions.
49Q(2) Extension of period of effect of restraining orders
May still be made recovery order or order under subsection 53A(1)
(b) where the property concerned is the property of another...
Thinks appropriate in relation to operation of restraining order
the court may: (c) by order, extend the period of effect...
(2) Where, on an application for an extension...
Extend period of effect of restraining order
Notice must be given to a person in relation to a restraining order
49Q(3) Extension of period of effect of restraining orders
australian-federal-police-act-1979.pdf, p.177
49R Notice of applications
Notice of application to other persons entitled under subsection 49J(2)
49R(1) Notice of applications
Notice of application for revocation of restraining order must be given to DPP.
49R(2) Notice of applications
The person applying must give written notice.
australian-federal-police-act-1979.pdf, p.27
Commissioner may specify prohibited drugs
4A Commissioner may specify prohibited drugs
australian-federal-police-act-1979.pdf, p.24
4AA State offences that have a federal aspect
A State offence has a federal aspect if certain conditions are met.
4AA(1) State offences that have a federal aspect
...would be, incidental to the investigation mentioned in subsection (i).
States that the investigation is during the investigation mentioned in subsection (i).
(d) both: (i) the Australian Federal Police is investigating an offence against a law of the Commonwealth or a Territory; and (ii) if the Australian Federal Police is investigating, or were to investigate, the State offence—that investigation is, or would be, incidental to the investigation mentioned in
A State offence has a federal aspect if, and only if:...
States the condition for a State offence to have a federal aspect.
(a) 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
...both conditions must be met for a State offence to have a federal aspect.
States that both conditions must be met for a State offence to have a federal aspect.
Identify State offences with a federal aspect
4AA(1A) State offences that have a federal aspect
(Australian Federal Police investigation occurs during Commonwealth investigation)
Investigation by Australian Federal Police during Commonwealth investigation
(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.
(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.
(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.
Determines the specificity of acts or omissions in State offences
4AA(2) State offences that have a federal aspect
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;
4AA(3) State offences that have a federal aspect
(a) affects the interests of: (i) the Commonwealth;
States that a conduct constituting a State offence occurs during the period when it affects the interests of the Commonwealth.
(3) A State offence is taken to be covered by paragraph (1)(c)
States that a conduct constituting a State offence is processed or executed during the period when it affects the interests of the Commonwealth.
States that a conduct constitutes a covered offence if it affects the interests of the Commonwealth.
States that a conduct constituting a State offence spreads or is transmitted during the period when it affects the interests of the Commonwealth.
australian-federal-police-act-1979.pdf, p.28
5 References in other laws
5 Aug 1996
Conditional commencement of Sch 2 (items 1, 2)
5 Dec 2011
5(1) References in other laws
The definition is valid during this period.
(c) a reference to the Police Force of that Territory shall be read as a reference to the Australian Federal Police;
(a) a reference to a Commonwealth Police Officer shall be read as a reference to a member of the Australian Federal Police;
(e) a reference to the Commissioner of Police of that Territory, however described, shall be read as a reference to the Commissioner;
(d) a reference to an officer of police of that Territory shall be read as a reference to a member of the Australian Federal Police;
Reference to Australian Capital Territory is taken to include it.
5(1A) References in other laws
Taken for the purposes of subsection (1)
Class hierarchy: law -> Australian Capital Territory
That reference shall, for the purposes of subsection (1), be taken to be a reference to that Territory.
If a provision of a law refers to an Australian Federal Police member holding a particular rank, it must be read as referring to the member to whom a declaration applies.
5(2) References in other laws
Then the provision must be read as referring to the member to whom the declaration applies during its duration.
Temporal relationship between declarations and provisions
A declaration is in force under subsection (3) that a member is of that rank for the purposes of this paragraph.
Then the provision must be read as referring to that member.
If a provision refers to an Australian Federal Police member holding a particular rank.
Temporal relationship between declarations and provisions (LTL)
The Commissioner may declare a member's rank for the purposes of paragraph (2)(b)
5(3) References in other laws
australian-federal-police-act-1979.pdf, p.178
51 Person ceases to be an AFP employee: persons charged with
Suspension of superannuation rights upon charging with corruption offence.
51(1) Person ceases to be an AFP employee: persons charged with
...then, if the Commissioner believes on reasonable grounds that the offence is a corruption offence...
Temporal relation between charging and suspension.
(b) the person ceases, for any reason, to be an AFP employee on or after the day on which the person is charged;
...the Commissioner believes on reasonable grounds that the offence is a corruption offence...
Knowledge representation of persons and their rights.
...the Commissioner shall notify the person’s superannuation authority in writing...
Recurring trace of persons charged with corruption offences.
(a) a person is charged with an offence;
Validation of superannuation scheme suspension.
The Commissioner must give a copy of a notice to the person concerned.
51(2) Person ceases to be an AFP employee: persons charged with
The Commissioner must give a copy of a notice.
Person entitled to receive payment upon ceasing employment if certain conditions met.
51(3) Person ceases to be an AFP employee: persons charged with
Ceasing employment overlaps with receiving payment.
Temporal overlap between ceasing employment and receiving payment.
Payment received on day of ceasing employment.
Duty to receive payment upon ceasing employment.
Commissioner notifies superannuation authority of suspension.
Commissioner must notify relevant superannuation authority
51(4) Person ceases to be an AFP employee: persons charged with
51(5) Person ceases to be an AFP employee: persons charged with
australian-federal-police-act-1979.pdf, p.179
53A Court may lift corporate veil etc.
Court may lift corporate veil to declare property available for recovery order.
53A(1) Court may lift corporate veil etc.
Court has an obligation to lift corporate veil.
Court may enforce recovery order against property
53A(2) Court may lift corporate veil etc.
australian-federal-police-act-1979.pdf, p.180
54 Amounts payable under section 46, 47, 47B or 51
Person responsible for administration of fund must pay amount out of the fund.
54(1) Amounts payable under section 46, 47, 47B or 51
Obligation to pay amount out of the fund.
Finance Minister must make arrangements for payment of amount out of Consolidated Revenue Fund.
54(2) Amounts payable under section 46, 47, 47B or 51
Finance Minister has an obligation to make arrangements.
Commonwealth pays amount under subsections 47(2) or (3) and 51(3)
54(3) Amounts payable under section 46, 47, 47B or 51
Payment of amount from Commonwealth fund
54(4) Amounts payable under section 46, 47, 47B or 51
Amount payable by Commonwealth out of Consolidated Revenue Fund
54(5) Amounts payable under section 46, 47, 47B or 51
Imposes an obligation on the Commonwealth
The Consolidated Revenue Fund is appropriated to pay amounts payable under section 46, 47, 47B or 51.
54(6) Amounts payable under section 46, 47, 47B or 51
australian-federal-police-act-1979.pdf, p.181
54A Multiple payments in respect of same employee contributions
Prevents payment of another amount under certain subsections.
54A(1) Multiple payments in respect of same employee contributions
Payment of another amount under subsection 47(2) is not entitled.
54A(2) Multiple payments in respect of same employee contributions
Payment of another amount under subsection 47(2) is not permitted.
Definition of Superannuation Benefits Act Multiple payments in respect of same employee contributions
54A(3) Multiple payments in respect of same employee contributions
Court cannot punish with imprisonment for life or longer than 12 years in sentencing.
55 Possible superannuation order not to be taken into account in
Prohibition on punishment with imprisonment for life or longer than 12 years.
australian-federal-police-act-1979.pdf, p.182
Court may deal with application for superannuation order or restraining order made by a person convicted of corruption offence.
56 Constitution of appropriate courts
australian-federal-police-act-1979.pdf, p.29
5A Application and extension of Act and regulations
5A(1) Application and extension of Act and regulations
Temporal interval: Act applies from commencement to present
(1) This Act and the regulations apply throughout the whole of Australia and also outside Australia.
Act applies to Australia and outside Australia
Act and regulations extend to external Territories.
5A(2) Application and extension of Act and regulations
(2) This Act and the regulations extend to the external Territories.
Chapter 2 of the Criminal Code applies to all offences against this Act.
5B Application of the Criminal Code
australian-federal-police-act-1979.pdf, p.30
6 Constitution of the Australian Federal Police
Prohibition on amending s 8(1)(a), 8(1A), (1B)
6 Dec 1989
Reference to section 4(1), (2) and Schedule 2.
6 Apr 2001
Commencement and application provisions for Schedule 3, item 6
6 Nov 2025
6(1) Constitution of the Australian Federal Police
The Australian Federal Police is a listed entity.
6(2) Constitution of the Australian Federal Police
(2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
The Commissioner of Police is the accountable authority of the Australian Federal Police.
The persons referred to in subsection (1) are officials of the Australian Federal Police.
australian-federal-police-act-1979.pdf, p.183
60A Secrecy
60A(1) Secrecy
This section applies to a person who is, or was at any time...
The list includes individuals who were in office during the relevant period
(e) a person engaged under section 35; or (f) a person performing functions under an agreement under section 69D.
Membership in the list implies obligation
(a) the Commissioner; or (b) a Deputy Commissioner; or...
Membership in the list implies obligation for all individuals listed
The list includes individuals whose functions were performed during the relevant period
(f) a person performing functions under an agreement under section 69D.
Prohibited from making or divulging prescribed information except for specific purposes.
60A(2) Secrecy
...except for the purposes of this Act or the regulations; or...the purposes of the National Anti-Corruption Commission Act 2022 or regulations under that Act; or...
(2) A person to whom this section applies must not...
...must not make a record of any prescribed information; or...must not divulge or communicate any prescribed information...
Prohibition of making or divulging prescribed information.
australian-federal-police-act-1979.pdf, p.185
61 Awards for bravery etc.
Commissioner must confer award on AFP appointee who merits it.
61(1) Awards for bravery etc.
The award CAN BE CONFERRED BETWEEN the date of merit and the current date.
Award can be conferred within a specific timeframe
(1) Where an AFP appointee has, by his or her bravery or other conspicuous conduct...
The conferment of the award IMPLIES that the Commissioner took a positive action.
Award conferment implies a positive action
The award RECOGNIZED BY AI SYSTEMS who process the Commissioner's decision.
Award recognition can be recognized by AI systems
The Commissioner MUST confer the award on that person.
The award REACHES OTHERS who are aware of the recipient's merit.
Commissioner may confer award on a person who has shown bravery or conspicuous conduct.
61(1A) Awards for bravery etc.
61(2) Awards for bravery etc.
62 Dishonestly representing conferral of police awards
Dishonestly representing conferral of police awards is prohibited.
62(1) Dishonestly representing conferral of police awards
(1) A person commits an offence if the person dishonestly represents that a police award has been conferred on the person.
Dishonesty in representing conferral of police awards is prohibited.
62(2) Dishonestly representing conferral of police awards
(2) For the purposes of this section, a police award is an award,...
62(3) Dishonestly representing conferral of police awards
australian-federal-police-act-1979.pdf, p.186
63 Personation etc. of member or special member
Wearing or displaying a uniform or badge of a member or special member, or having certain articles in possession is prohibited.
63(1) Personation etc. of member or special member
...shall not: (b) wear or display any uniform or badge...
(1) A person, not being a member or special member...
...shall not: (c) have in his or her possession any arms or ammunition...
...shall not: (c) have in his or her possession any article of clothing, accoutrements or equipment...
63(2) Personation etc. of member or special member
63A Personation etc. of protective service officer or special
Wearing or displaying a uniform or badge of a protective service officer or special protective service officer, or possessing certain articles, is prohibited.
63A(1) Personation etc. of protective service officer or special
...must not: (a) wear or display any uniform or badge...
Temporal interval for prohibited actions.
(1) A person, not being a protective service officer or a special protective service officer...
Prohibition of impersonation and possession of certain articles.
63A(2) Personation etc. of protective service officer or special
Defendant must believe in reasonable excuse.
australian-federal-police-act-1979.pdf, p.187
63B Possession of documents etc.
Possession of certain documents is prohibited for non-AFP members.
63B(1) Possession of documents etc.
Defendant bears evidential burden in relation to a reasonable excuse.
63B(2) Possession of documents etc.
Defendant must believe in a reasonable excuse.
Offender must pay compensation for damage to uniform or accoutrements.
64 Assault etc.
australian-federal-police-act-1979.pdf, p.188
64A Members in uniform to wear identification numbers
Members in uniform must wear identification numbers. Wearing identification numbers is mandatory for protective service officers.
64A(1) Members in uniform to wear identification numbers
Members in uniform must wear identification numbers.
64A(1A) Members in uniform to wear identification numbers
Defence for prosecution failure due to lack of identification number visibility Wearing identification numbers is an offence of strict liability.
64A(2) Members in uniform to wear identification numbers
Identification number not clearly visible on uniform
Defence against prosecution for offence under subsection (1) The Commissioner must take steps to enable members to comply with subsection (1).
64A(3) Members in uniform to wear identification numbers
The Commissioner has a duty to take steps.
The Commissioner must take steps to enable protective service officers to comply with subsection (1).
64A(4) Members in uniform to wear identification numbers
australian-federal-police-act-1979.pdf, p.189
Member of AFP cannot exercise power while suspended.
64AA Suspended AFP employees who are members
64B Liability for wrongful acts of members
State is liable for torts committed by employees
australian-federal-police-act-1979.pdf, p.191
66 Protection of persons in respect of work reports
Protection from civil or criminal action for reports made in good faith
66(1) Protection of persons in respect of work reports
Protection from civil or criminal action
66(2) Protection of persons in respect of work reports
Exemption from subsection (1) under certain conditions
66(3) Protection of persons in respect of work reports
(3) Subsection (1) does not apply unless...
australian-federal-police-act-1979.pdf, p.192
Annual report must include particulars of AFP conduct issues and action taken.
67 Annual reports
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.
Certification of member's status and declaration under section 40B
68(2) Proof of appointment, status of member etc.
Certification of special member appointment and status
68(3) Proof of appointment, status of member etc.
Special member appointment and status are during the period of certification
(b) that, on a specified date, he or she made and subscribed the oath or affirmation mentioned in the certificate before the Commissioner...
Commissioner holds obligation to certify special member appointment and status
(3) The Commissioner may, by writing signed by the Commissioner...
Commissioner holds obligation to provide certification of special member appointment and status
(c) that he or she is, on the date on which the certificate is signed, a special member and has been such a special member continuously since he or she was so appointed.
68(4) Proof of appointment, status of member etc.
australian-federal-police-act-1979.pdf, p.195
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
The 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
The Commissioner must provide the certification.
australian-federal-police-act-1979.pdf, p.196
The Commissioner must exercise powers without patronage or favouritism.
69 Prohibition of patronage and favouritism
Prohibition of patronage and favouritism
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 all rights, duties and powers of an employer.
Commissioner's power to engage persons overseas is not limited by this section.
69A(3) Persons engaged overseas as employees
Commissioner can engage persons overseas
australian-federal-police-act-1979.pdf, p.197
69B Limited operation of Fair Work Act
69C Delegation
Delegation of powers to Deputy Commissioner or AFP employee/special member
69C(1) Delegation
Delegation of power to senior executive AFP employee
69C(2) Delegation
australian-federal-police-act-1979.pdf, p.198
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
The arrangement must occur during the performance of functions.
performing the functions specified in the agreement.
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 Commissioner to specify terms and conditions.
australian-federal-police-act-1979.pdf, p.199
69E Commissioner may charge for certain protective services
Commissioner may charge for certain protective services
69E(1) Commissioner may charge for certain protective services
Commissioner must charge a reasonable amount for protective services.
69E(2) Commissioner may charge for certain protective services
69E(3) Commissioner may charge for certain protective services
7 Apr 1997
7 Mar 2000
The Governor-General may make regulations for securing discipline and good government of the Australian Federal Police.
70 Regulations
australian-federal-police-act-1979.pdf, p.202
71 Interpretation of Part VII
Deems service of AFP member as existing Police Force member for certain purposes.
75 Recognition of previous service for certain purposes
Service of AFP member as existing Police Force member
77 Accrued leave
Retains accrued leave rights during existing membership
australian-federal-police-act-1979.pdf, p.1
Compilation information and notes on amendments.
8 November 2025
Provision of police services in relation to various matters
8 Functions
(ii) property of the Commonwealth (including Commonwealth places) and property of authorities of the Commonwealth;
(b) the provision of police services in relation to:
(1) The functions of the Australian Federal Police are:
(be) to perform such protective and custodial functions as the Minister directs by notice in writing in the Gazette;
Has obligation to assist or cooperate with international organisations
(bg) the provision of police services and police support services in relation to establishing, developing and monitoring peace, stability and security in foreign countries;
8 Nov 1988
8 July 1996
8 Nov 2005
This compilation shows the text of the law as amended and in force on 8 November 2025.
Classifies the text as a compilation of the Australian Federal Police Act 1979.
The text is classified as a compilation.
australian-federal-police-act-1979.pdf, p.203
Exercise and perform powers and duties equivalent to those under the Commonwealth Police Act 1957.
80 Powers and duties in relation to Commonwealth places
Relates to a class/type/subclass hierarchy
australian-federal-police-act-1979.pdf, p.33
Minister may direct certain functions as protective service.
8A Minister may direct which functions are protective service
Directs functions as protective service.
Member has certain powers and duties conferred or imposed by laws.
9 Laws conferring powers on members
9 Apr 1981
9 Dec 2008
Conditional commencement of Sch 2 (items 42–49,284)
9 May 2018
Member's functions in the Australian Capital Territory are governed by laws.
when performing functions in the Australian Capital Territory—the powers and duties conferred or imposed on a constable or on an officer of police by or under any law (including the common law) of the Territory;
(1) In addition to any other powers and duties, a member has:
Member's functions in the Jervis Bay Territory are governed by laws.
when performing functions in the Jervis Bay Territory—the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory;
Member's functions in an External Territory are governed by laws.
when performing functions in an External Territory—the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory;
Australian Federal Police Act 1979