Australian
Federal Police Amendment Act 1984
No. 117 of 1984
An
Act to amend the Australian Federal
Police Act 1979, and for related purposes
[Assented to 18 October 1984]
BE
IT ENACTED by the Queen, and the Senate and the House of Representatives of the
Commonwealth of Australia, as follows:
Short
title, &c.
1.
(1) This
Act may be cited as the Australian
Federal Police Amendment Act 1984.
(2)
The Australian Federal Police Act 19791is in this Act referred to as the
Principal Act.
Commencement
2.
(1) Sections
1, 2 and 9 shall come into operation on the day on which this Act receives the
Royal Assent.
(2)
The
remaining provisions of this Act shall come into operation on such day as is
fixed by Proclamation.
Interpretation
3. Section 4 of the
Principal Act is amended by omitting from sub-section (1) the definition of “component”.
Establishment
4. Section 6 of the
Principal Act is amended—
(a) by omitting from paragraph (c) “officers;
and” and substituting “officers.”; and
(b) by omitting paragraph (d).
Repeal
of section 7
5. Section 7 of the
Principal Act is repealed.
Powers
and duties of members
6. Section 9 of the
Principal Act is amended by omitting from sub-section (1) “the Commissioner, a
Deputy Commissioner or a member referred to in paragraph 6 (c) (in this
section, in each case, referred to as a member)” and substituting “a member”.
Repeal
of section 10
7. Section 10 of the
Principal Act is repealed.
General
Orders and General Instructions
8. Section 14 of the
Principal Act is amended by omitting from paragraph (a) “and determining the
respective functions of the components referred to in sub-sections 7 (1) and (2)”.
Delegation
by Commissioner
9. Section 15 of the
Principal Act is amended by omitting from sub-section (1) “a member” and
substituting “another member of the Australian Federal Police or a member of
the staff referred to in sub-section 16 (1)”.
Heading
to Division 2 of Part IV
10. The heading to Division
2 of Part IV is omitted and the following heading is substituted:
“Division 2—Commissioned police officers,
non-commissioned police officers and special members”.
11. Sections 25 and 26 of
the Principal Act are repealed and the following sections are substituted:
Commissioned
police officers
“25. (1) Subject to this
Act, the Governor-General may, by Commission, on the recommendation of the
Commissioner, or, if the Commissioner is
authorized
by the Governor-General in writing to make appointments under this section, the
Commissioner may, by Commission—
(a) appoint a person to be a
commissioned police officer, being an appointment to a position within a rank
that the person is, in accordance with the regulations, competent and qualified
to hold;
(b) promote a person who is a
non-commissioned police officer to a position within a commissioned rank, being
a rank that the person is, in accordance with the regulations, competent and
qualified to hold; or
(c) promote a person who is a
commissioned police officer to a position within a higher commissioned rank,
being a rank that the person is, in accordance with the regulations, competent
and qualified to hold.
“(2) The Commissioner
may, by writing signed by him—
(a) direct a person who is a
non-commissioned police officer to act for a specified period in a position
within a commissioned rank; or
(b) direct a person who is a
commissioned police officer to act for a specified period in a position within
a higher commissioned rank.
“(3) The Commissioner
may, at any time, by writing signed by him, transfer a commissioned police
officer from one position in a rank to another position in the same rank.
Non-commissioned
police officers
“26. (1) Subject to this
Act, the Commissioner may, by writing signed by him—
(a) appoint a person to a position
within a non-commissioned rank, being a rank that the person is, in accordance
with the regulations, competent and qualified to hold;
(b) promote a person who is a
non-commissioned police officer to a position within a higher non-commissioned
rank, being a rank that the person is, in accordance with the regulations,
competent and qualified to hold; or
(c) direct a person who is a
non-commissioned police officer to act for a specified period in a position
within a higher non-commissioned rank.
“(2) The Commissioner
may, at any time, by writing signed by him, transfer a non-commissioned police
officer from one position in a rank to another position in the same rank.”.
Appointment
of former narcotics officers to be members
12. Section 26a of the Principal Act is amended by
omitting sub-sections (2) and (3) and substituting the following sub-sections:
“(2) Notwithstanding
anything in section 25, an officer to whom this section applies may be
appointed, by Commission under section 25, to be a commissioned police officer
and to hold a position within such rank as he is, in the opinion of the
Commissioner, qualified to hold, having regard to his duties immediately before
his appointment and to his qualifications and aptitude for
the
discharge of duties performed by members engaged in investigating narcotics
offences.
“(3) Notwithstanding
anything in section 26, an officer to whom this section applies may be
appointed, by writing signed by the Commissioner under section 26, to be a
non-commissioned police officer and to hold a position within such rank as he
is, in the opinion of the Commissioner, qualified to hold, having regard to his
duties immediately before his appointment and to his qualifications and
aptitude for the discharge of duties performed by members engaged in
investigating narcotics offences.”.
Special
members
13. Section 27 of the
Principal Act is amended—
(a) by omitting from sub-section (1)
“the functions of a component” and substituting “its functions”; and
(b) by omitting from sub-section (2)
“the persons comprising the component in connection with which he is appointed”
and substituting “members”.
Undertakings
and oaths or affirmations
14. Section 28 of the
Principal Act is amended by omitting sub-sections (3), (4), (5), (6), (7) and (8)
and substituting the following sub-sections:
“(3) A person appointed
under paragraph 25 (1) (a) to be a commissioned police officer or under
paragraph 26 (1) (a) to be a non-commissioned police officer shall, in
accordance with the regulations, make and subscribe, before a person authorized
by the Minister, such oath or affirmation as is prescribed.
“(4) A person appointed
under section 27 to assist in the performance of the functions of the
Australian Federal Police shall, in accordance with the regulations, make and
subscribe, before a person authorized by the Commissioner, such oath or
affirmation as is prescribed.
“(5) In this section, ‘appoint’
does not include promote or transfer.”.
15. Section 36 of the
Principal Act is repealed and the following section is substituted:
Promotion
“36. (1) In the
selection of members for promotion, consideration shall be given to the
relative efficiency of the members who apply for promotion.
“(2) For the purposes of
sub-section (1), the efficiency of a member, in relation to an application for
promotion to a position, shall be determined by a consideration of the
experience, qualifications and training of the member and of any other factors
that are relevant to the discharge by the member of the duties of the position.”.
Retrenchment
16. Section 39 of the
Principal Act is amended by omitting paragraphs (a),
(b)
and (c) and substituting the following paragraphs:
“(a) transferred by the
Commissioner to a position within a lower rank; or
(b) if no position within a lower
rank is available for the member—retired by the Commissioner from the
Australian Federal Police.”.
Regulations
may provide for certain other terms and conditions
17. Section 40 of the
Principal Act is amended by inserting in paragraph (c) “to positions in such
ranks as are prescribed” after “other members”.
Proof
of appointment, &c.
18. Section 68 of the
Principal Act is amended by omitting paragraphs (1) (e), (f), (g) and (h) and
substituting the following paragraphs:
“(e) that he holds a specified
rank;
(f) that he held a specified rank
on a specified date or during a specified period;
(g) that he is acting in a
specified rank;
(h) that he was acting in a
specified rank on a specified date or during a specified period.”.
Transitional
and consequential
19.
(1)
Where, immediately before the commencement day, a person held a commissioned
rank in the prescribed component by virtue of an appointment, promotion or
transfer to that rank under sub-section 25 (1) of the Principal Act, the person
holds, on and after the commencement day, such position within that
commissioned rank as is specified in writing by the Commissioner as if the
person had been appointed, promoted or transferred, as the case may be, to that
position within that rank under sub-section 25 (1) of the amended Act.
(2) Where, immediately
before the commencement day, a person held a non-commissioned rank in the
prescribed component by virtue of an appointment, promotion or transfer to that
rank under sub-section 26 (1) of the Principal Act, the person holds, on and
after the commencement day, such position within that non-commissioned rank as
is specified in writing by the Commissioner as if the person had been
appointed, promoted or transferred, as the case may be, to that position within
that rank under sub-section 26 (1) of the amended Act.
(3) Where, immediately
before the commencement day, a direction by the Commissioner under sub-section
25 (2) or 26 (1) of the Principal Act to a person to act in a commissioned
rank, or in a non-commissioned rank, within the prescribed component was in
force, the direction has effect, on and after the commencement day, as if it
were a direction given by the Commissioner under sub-section 25 (2) or 26 (1),
as the case requires, of the amended Act to the person to act in such position
within that rank as is specified in writing by the Commissioner.
(4) Where, immediately
before the commencement day, an appointment under section 27 of the Principal
Act of a person as a special member of the Australian Federal Police to assist
in the performance of the functions of the prescribed component was in force,
the appointment has effect, on and after the commencement day, as if the person
had been appointed as a special member of the Australian Federal Police under
section 27 of the amended Act with such powers and duties as were specified in
the instrument of appointment of the person.
(5) An oath or affirmation
made and subscribed before the commencement day in pursuance of a provision of
the Principal Act by a person to whom sub-section (1), (2) or (4) of this
section applies has effect on and after that day, while the person continues to
be a member or a special member of the Australian Federal Police, as if it had
been made and subscribed in pursuance of the corresponding provision of the
amended Act.
(6) Where, immediately
before the commencement day, a person held a rank in the prescribed component
by virtue of a transfer to that rank under section 39 of the Principal Act, the
person holds, on and after the commencement day, such position within that rank
as is specified by the Commissioner as if the person had been transferred to
that position within that rank under section 39 of the amended Act.
(7) Where notification of a
selection for promotion was published under regulation 17 of the Australian
Federal Police Regulations before the commencement day, any appeal arising out
of that selection shall be dealt with, or continue to be dealt with, as the
case requires, as if the amendments of the Principal Act made by the provisions
of this Act that come into operation on that day had not been made, but any
promotion following the disposal of any such appeal shall be made in accordance
with the amended Act.
(8) Notwithstanding the
amendment of section 68 of the Principal Act made by section 18 of this Act,
paragraphs (1) (f) and (h) of that section of the Principal Act as in force
before that amendment continue to apply, on and after the commencement day, in
relation to any matter or thing that occurred before the commencement day.
(9) Where, immediately
before the commencement day, there was in force with respect to a member of the
component of the Australian Federal Police referred to in sub-section 7 (2) of
the Principal Act an instrument signed by the Commissioner, or a delegate of
the Commissioner, retiring the member from the Australian Federal Police under
section 38 of the Principal Act with effect on and from a day (in this
sub-section referred to as the “retirement day”) after the commencement day,
the member shall, until the retirement day, continue to be a member of the
Australian Federal Police on the same terms and conditions of service that
were, immediately before the commencement day, applicable to the member.
(10) The Statute Law (Miscellaneous Provisions) Act
(No. 1) 19832is
amended—
(a) by omitting sub-section 2 (2);
and
(b) by omitting from Schedule 1 the
amendments of section 36 of the Australian
Federal Police Act 1979.
(11) The Statute Law (Miscellaneous Provisions) Act
(No. 2) 19833is
amended—
(a) by omitting from sub-section 6 (2)
“and by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983”; and
(b) by omitting from Schedule 1 the
amendments of sections 25, 26, 26a,
36 and 39 of the Australian Federal
Police Act 1979.
(12) In this section—
“amended Act” means the Principal
Act as in force on and after the commencement day;
“commencement day” means the day
fixed under sub-section 2 (2);
“prescribed component” means the
component of the Australian Federal Police referred to in sub-section 7 (1) of
the Principal Act as in force before the commencement day.
NOTES
1. No. 58, 1979. For previous
amendments, see No. 155, 1979; No. 69, 1980; No. 22, 1981; No. 80, 1982; and
No. 91, 1983.
2. No. 39, 1983.
3. No. 91, 1983.