Commonwealth Consolidated Acts

AUSTRALIAN FEDERAL POLICE ACT 1979

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Repeal  
   3A.     Overview of Act  
   4.      Interpretation  
   4AA.    State offences that have a federal aspect  
   4A.     Commissioner may specify prohibited drugs  
   5.      References in other laws  
   5A.     Application and extension of Act and regulations  
   5B.     Application of the Criminal Code  

   PART II--CONSTITUTION--, FUNCTIONS AND POWERS OF THE AUSTRALIAN FEDERAL POLICE

           Division 1--Constitution, functions and laws conferring powers on members etc.

   6.      Constitution of the Australian Federal Police  
   8.      Functions  
   8A.     Minister may direct which functions are protective service functions  
   9.      Laws conferring powers on members  
   10.     Appointment of members to other Police Forces  
   11.     State and Territory writs and warrants  
   12.     Immunities from certain State and Territory laws  
   12A.    Immunity from State and Territory laws in relation to entry etc. of police dogs on premises etc.  

           Division 3--Powers and duties of protective service officers

   14A.    Powers of arrest  
   14B.    Use of force in making arrest etc.  
   14C.    Arrested person to be informed of grounds of arrest  
   14D.    Search of arrested person  
   14E.    How arrested person to be dealt with  
   14F.    Release of arrested person  
   14G.    Relationship of Division to other laws  

           Division 4--Powers and duties of members, special members and protective service officers relating to protective service functions

   14H.    Definitions  
   14I.    Requirement to provide name etc.  
   14J.    Stopping and searching  
   14K.    Seizure of things found  
   14L.    How seized things must be dealt with  
   14M.    Application to magistrate  
   14N.    Relationship of Division to other laws  

   PART III--COMMISSIONER--, DEPUTY COMMISSIONERS AND AFP EMPLOYEES ETC.

           Division 1--Commissioner and Deputy Commissioners

   17.     Commissioner and Deputy Commissioners  
   18.     Acting Commissioner and Deputy Commissioner during vacancy  
   19.     Absence etc. of Commissioner or Deputy Commissioner  
   20.     Remuneration and allowances  
   21.     Leave of absence  
   22.     Termination of appointment  

           Division 2--AFP employees

              Subdivision A--Engagement of AFP employees etc.

   23.     Employer powers etc. of Commissioner  
   24.     Engagement of AFP employees  
   25.     Senior executive AFP employees  
   26.     Continuous employment  

              Subdivision B--Remuneration and other terms and conditions

   27.     Remuneration and other conditions  

              Subdivision C--Termination of employment

   28.     Termination of employment by Commissioner  

              Subdivision D--Resignation and retirement

   30.     Resignation  
   30A.    Resignation in anticipation of termination of employment  
   31.     Retirement upon reaching minimum retiring age  
   32.     Retirement on invalidity grounds  
   33.     Time when retirement on invalidity grounds takes effect  
   34.     Voluntary retirement for the purposes of the Superannuation Act  

           Division 3--Consultants and independent contractors

   35.     Commissioner may engage consultants or independent contractors  

           Division 3A--Payments in special circumstances

   35A.    Payments in special circumstances  

           Division 4--Undertakings and oaths or affirmations

   36.     Undertakings and oaths or affirmations  

   PART IV--COMMISSIONER----COMMAND POWERS ETC.

           Division 1--Administration and control etc.

   37.     General administration and control  
   38.     Commissioner's Orders  
   39.     Compliance with Commissioner's Orders  
   40.     Compliance with specific directions, instructions or orders  
   40A.    Self - incrimination  

           Division 2--Conferral of status of member and conferral of commissions

   40B.    AFP employees who are members of the Australian Federal Police  
   40C.    Determination of competency or qualification requirements  
   40D.    Commissioned police officers  

           Division 3--Special members

   40E.    Special members  

           Division 3A--Conferral of status of protective service officer

   40EA.   AFP employees who are protective service officers  
   40EB.   Determination of competency or qualification requirements  

           Division 3B--Special protective service officers

   40EC.   Special protective service officers  
   40ED.   Powers and duties of special protective service officers  

           Division 4--Secondment

   40F.    Secondment of AFP employees to other police forces etc.  
   40G.    Effect of secondment on status as AFP employee etc.  

           Division 5--Assignment and suspension of duties etc.

   40H.    Assignment of duties etc.  
   40J.    Suspension from duties etc.  

           Division 6--Declarations of serious misconduct

   40K.    Termination of employment for serious misconduct  

           Division 7--Submission of financial statements

   40L.    Financial statements  

           Division 8--Drug testing

   40LA.   Authorised managers may require AFP appointees to undergo alcohol screening tests etc.  
   40M.    Prescribed persons may require AFP appointees to undergo alcohol screening tests, alcohol breath tests or prohibited drug tests etc.  
   40N.    Alcohol screening tests, alcohol breath tests and prohibited drug tests after certain incidents  
   40P.    Regulations  
   40PA.    Managers who may require alcohol screening tests  
   40Q.    Admissibility of test results etc. in legal proceedings  
   40R.    Approval of screening devices  

   PART V--PROFESSIONAL--STANDARDS AND AFP CONDUCT AND PRACTICES ISSUES

           Division 1--Preliminary

              Subdivision A--Objects and simplified outline of Part

   40RA.   Object of this Part  
   40RB.   Simplified outline of this Part  

              Subdivision B--Professional standards for AFP appointees

   40RC.   Commissioner may determine professional standards  

              Subdivision C--Unit within Australian Federal Police to undertake professional standards functions

   40RD.   Unit to be constituted  
   40RE.   Head of unit  
   40RF.   Assignment of members, and special members, to unit  
   40RG.   Member or special member in unit may be directed to perform other duties  

              Subdivision D--AFP conduct issues and AFP practices issues

   40RH.   AFP conduct issues  
   40RI.   AFP practices issues  
   40RJ.   Exclusion of certain employment action  

              Subdivision E--Categories of AFP conduct issues and managers

   40RK.   Categories of conduct  
   40RL.   Categories of AFP conduct issues  
   40RM.   AFP Commissioner and Ombudsman to determine the kinds of conduct that are to be category 1, category 2 or category 3 conduct  
   40RN.   Category 1 conduct  
   40RO.   Category 2 conduct  
   40RP.   Category 3 conduct  
   40RQ.   Managers for particular categories of AFP conduct issues  

           Division 2--Raising AFP conduct and practices issues with the AFP for action under Division 3

   40SA.   Giving information that raises an AFP conduct or practices issue  
   40SB.   Arrangements for person in custody to give information  
   40SC.   Recording and dealing with information given under section 40SA  
   40SD.   Commissioner may decide that AFP conduct issue should be dealt with under this Part  
   40SE.   Recording and dealing with information referred under section 40SD  

           Division 3--Dealing with AFP conduct or practices issues

              Subdivision A--Preliminary

   40TA.   Commissioner's orders about how AFP conduct or practices issues are dealt with  
   40TB.   Dealing with related AFP conduct issues that have different categories  
   40TC.   Training and development action  
   40TD.   Remedial action  
   40TE.   Termination action  

              Subdivision B--Discretion to take no further action in relation to issue

   40TF.   Discretion to take no further action in relation to AFP conduct or practices issue  

              Subdivision C--Dealing with category 1 and category 2 conduct issues

   40TG.   When Subdivision applies  
   40TH.   How issue is dealt with  
   40TI.   Action that may be taken in relation to category 1 conduct  
   40TJ.   Action that may be taken in relation to category 2 conduct  
   40TK.   AFP practices issue identified in course of dealing with AFP conduct issue  

              Subdivision D--Dealing with category 3 conduct issues and corruption issues

   40TL.   When Subdivision applies  
   40TM.   Head of unit constituted under section 40RD to notify Ombudsman of category 3 conduct issues  
   40TN.   Head of unit constituted under section 40RD generally allocates issues for investigation  
   40TO.   Commissioner must allocate issue to someone outside unit constituted under section 40RD in certain circumstances  
   40TP.   Persons eligible to have category 3 conduct issue or corruption issue allocated to them  
   40TQ.   How category 3 conduct issue or corruption issue is dealt with  
   40TR.   Recommendations that may be made in relation to category 3 conduct or corrupt conduct  
   40TS.   Investigative powers  
   40TU.   Report of investigation  
   40TV.   Taking action on report  
   40TW.   AFP practices issue identified in course of dealing with AFP conduct issue  

              Subdivision E--Dealing with AFP practices issues

   40TX.   Commissioner to ensure that appropriate action is taken in relation to AFP practices issue  

           Division 4--Ministerially directed inquiries

   40UA.   Minister may arrange special inquiries  
   40UB.   Minister to inform certain persons and bodies of inquiry  
   40UC.   Division 3 investigation may be suspended pending outcome of inquiry  
   40UD.   Reports of special inquiries  

           Division 5--Investigative powers

   40VA.   Application of Division  
   40VB.   Manner of conducting investigation or inquiry  
   40VC.   Obtaining information and making inquiries  
   40VD.   Relationship with other laws  
   40VE.   Directions to AFP appointee  
   40VF.   Entering and searching AFP premises  
   40VG.   Special powers if investigator conducting inquiry under Division 4  
   40VH.   Offences  

           Division 6--Record keeping

   40WA.   Record keeping  
   40WB.   Records about corruption issues  

           Division 7--Ombudsman review

   40XA.   Annual reviews by Ombudsman  
   40XB.   Ad hoc reviews by Ombudsman  
   40XC.   Commissioner to provide information and access to documents  
   40XD.   Annual reports by Ombudsman  

           Division 8--Offences

   40YA.   Victimisation  
   40YB.   Providing false information about AFP conduct or practices issues  
   40YC.   AFP appointees to provide name, etc.  

           Division 9--Secrecy

   40ZA.   Secrecy  

   PART VA--LOSS--OF CERTAIN SUPERANNUATION RIGHTS AND BENEFITS

           Division 1--Introductory

   41.     Definitions  
   41A.    Old law members or staff members  
   42.     Related offences  
   42A.    Abscond  
   42B.    Charge with offence  
   42C.    Conviction and quashing of conviction  
   42D.    Property of a person  
   42E.    Dealing with property  
   42F.    Effective control of property  
   42G.    Sufficient consideration  
   42H.    Application of Part to convictions and offences  
   42J.    Crown bound  

           Division 2--Loss of superannuation: corruption offences

   43.     Notice of charge etc.  
   44.     Authority to apply for superannuation order  
   45.     Application for superannuation order  
   45A.    Application for superannuation order: evidence  
   46.     Superannuation orders  
   46A.    When does a superannuation order take effect?  
   47.     Effect of superannuation order  
   47A.    Superannuation orders: variation  
   47B.    Superannuation orders: revocation  

           Division 3A--Restraining orders

   49A.    Application for restraining order  
   49B.    Making of restraining orders  
   49C.    Restraining order may be subject to conditions  
   49D.    Affidavit of police officer needed in certain cases  
   49E.    Notice of application for restraining order  
   49EA.   Extension of certain restraining orders  
   49F.    Persons who may appear and adduce evidence  
   49G.    Witnesses not required to answer questions etc. in certain cases  
   49H.    Notice of restraining orders  
   49J.    Ancillary orders  
   49K.    Charge on property subject to restraining order  
   49L.    Registration of restraining orders  
   49M.    Contravention of restraining orders  
   49N.    Restraining orders: revocation  
   49P.    When do restraining orders cease to have effect?  
   49Q.    Extension of period of effect of restraining orders  
   49R.    Notice of applications  

           Division 4--Miscellaneous

   51.     Person ceases to be an AFP employee: persons charged with corruption offences  
   53A.    Court may lift corporate veil etc.  
   54.     Amounts payable under section 46, 47, 47B or 51  
   54A.    Multiple payments in respect of same employee contributions not allowed  
   55.     Possible superannuation order not to be taken into account in sentencing  
   56.     Constitution of appropriate courts  

   PART VI--MISCELLANEOUS

   60A.    Secrecy  
   61.     Awards for bravery etc.  
   62.     Dishonestly representing conferral of police awards  
   63.     Personation etc. of member or special member  
   63A.    Personation etc. of protective service officer or special protective service officer  
   63B.    Possession of documents etc.  
   64.     Assault etc.  
   64A.    Members in uniform to wear identification numbers  
   64AAA.  Protective service officers in uniform to wear identification numbers  
   64AA.   Suspended AFP employees who are members  
   64AAB.  Suspended AFP employees who are protective service officers  
   64B.    Liability for wrongful acts of members  
   66.     Protection of persons in respect of work reports  
   67.     Annual reports  
   68.     Proof of appointment, status of member etc.  
   68A.    Certificates in relation to transferred PSOs  
   69.     Prohibition of patronage and favouritism  
   69A.    Persons engaged overseas as employees  
   69B.    Limited operation of Fair Work Act  
   69C.    Delegation  
   69D.    Secondment of persons to assist the Australian Federal Police  
   69E.    Commissioner may charge for certain protective services  
   70.     Regulations  

   PART VII--TRANSITIONAL

   71.     Interpretation of Part VII  
   75.     Recognition of previous service for certain purposes  
   77.     Accrued leave  
   80.     Powers and duties in relation to Commonwealth places