Commonwealth Consolidated Acts

LAW AND JUSTICE LEGISLATION AMENDMENT (IDENTITY CRIMES AND OTHER MEASURES) ACT 2011 - SCHEDULE 5

1   Subsection 40LA(3)

Omit "blood", substitute "breath".

Note:   The heading to section   40LA is replaced by the heading " Authorised managers may require AFP appointees to undergo alcohol screening tests etc. ".

2   Paragraph 40LA(4)(a)

Omit "blood", substitute "breath".

3   Subsection 40M(1)

After "her", insert "to do one or more of the following".

Note:   The heading to section   40M is replaced by the heading " Prescribed persons may require AFP employees or special members to undergo alcohol screening tests, alcohol breath tests or prohibited drug tests etc. ".

4   Before paragraph 40M(1)(a)

Insert:

  (aa)   undergo an alcohol screening test;

5   Paragraph 40M(1)(a)

Omit "to".

6   Paragraph 40M(1)(a)

Omit "or".

7   Paragraph 40M(1)(b)

Omit "to".

8   Before paragraphs 40N(1)(c) and (2)(c)

Insert:

  (ba)   to undergo an alcohol screening test; or

Note:   The heading to section   40N is altered by omitting " Alcohol breath tests " and substituting " Alcohol screening tests, alcohol breath tests ".

9   Paragraph 40R(1)(b)

Omit "section   40LA", substitute "sections   40LA, 40M and 40N".

10   Section   40RO

Before "The Commissioner", insert "(1)".

11   Subparagraph 40RO(a)(ii)

Omit "and", substitute "or".

12   Subparagraph 40RO(b)(ii)

Omit "Act; and", substitute "Act.".

13   Paragraph 40RO(c)

Repeal the paragraph.

14   At the end of section   40RO

Add:

  (2)   The Commissioner and the Ombudsman must also be satisfied that the conduct does not warrant being treated as category 3 conduct for the purposes of this Act.

15   Subsection 40TN(1)

Before "section   40TO", insert " subsection   ( 3) and".

16   Subsection 40TN(1)

Omit "a person who is a member or special member", substitute "one or more law enforcement officers (within the meaning of the Crimes Act 1914 )".

17   Subsection 61(1)

Omit "a Deputy Commissioner, an AFP employee, a special member or a special protective service officer", substitute "an AFP appointee".

18   Subsection 61(1)

After "conspicuous conduct", insert "or by his or her diligent service".

19   After subsection 61(1)

Insert:

  (1A)   If the Commissioner is satisfied that a person (other than an AFP appointee) has, by his or her bravery, or other conspicuous conduct, in assisting the Australian Federal Police, merited a prescribed award, the Commissioner may confer the award on that person.

20   Subsection 64A(2)

Omit "worn on, or attached to, the front of his or her uniform", substitute "clearly visible on his or her uniform".

21   Application--item   1 8

The amendment made by item   1 8 applies in relation to service occurring before, on or after the commencement of th at item.