Australian Federal Police Regulations (Amendment) (Cth)

Statutory Rules 1989

No. 1391

Australian Federal Police Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Australian Federal Police Act 1979.

Dated 28 June 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Lionel Bowen

Attorney-General

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Australian Federal Police Regulations.

Interpretation

2. By inserting in regulation 2 of the Principal Regulations the following definitions:

“ ‘AFP records’ means the records of the Australian Federal Police;

(S.R. 180/89)—Cat. No. 14/19.6.1989

‘cost to the AFP for the member’s time’, in respect of making a member available to render a service means:

(a) where no minimum period is specified—the amount of remuneration payable to the member for the period during which he or she renders the service plus 33⅓% of that amount; or

(b) where a minimum period of 4 hours is specified—the amount of remuneration payable to the member for 4 hours plus 33⅓% of that amount or, where the member renders the service for more than 4 hours, the amount of remuneration payable for that longer period plus 33⅓% of that amount;

‘detention centre’ means a place where a person may be held in custody under the Migration Act 1958;

‘remand centre’ means an area declared under the Remand Centres Act 1976 of the Australian Capital Territory;”.

3. After regulation 45 of the Principal Regulations the following regulations are inserted:

Police services requested etc. by the public

“46. (1) The police services specified in column 2 of Schedule 6 are prescribed as services that may be rendered by the Australian Federal Police at the request of, or under an agreement with, a member of the public or a body corporate or other organisation (other than an authority of the Commonwealth).

“(2) The fee specified in column 3 of an item in Schedule 6 is payable for rendering the service specified in column 2 of that item and is a debt due to the Commonwealth.

Police services rendered in relation to a prescribed authority of the Commonwealth

“47. (1) An authority of the Commonwealth specified in Part 1 of Schedule 7 is prescribed in relation to police services rendered by the Australian Federal Police to that authority.

“(2) The fee specified in column 3 of an item in Part 2 of Schedule 7 is payable by a prescribed authority for the service specified in column 2 of that item rendered by the Australian Federal Police.

Waiver and exemption of fees

“48. (1) The Commissioner may waive payment of a fee payable under regulation 46 or 47 where:

(a) payment of the fee would cause financial hardship; or

(b) for any other reason, the Commissioner considers it appropriate to waive the fee.

 

“(2) A fee is not payable under regulation 46 or 47 where it relates to an activity conducted for a charitable purpose.”.

4. The Principal Regulations are amended by adding at the end the following Schedules:

SCHEDULE 6 Subregulation 46 (1)

FEES

Column 1	Column 2	Column 3
Item	Matter	Fee
$
1	Search of AFP records for any information of convictions for offences by a person and reporting on the result of the search	26
2	Search of AFP records for any information of convictions for offences by a person against the following legislation of the Australian Capital Territory:	14
(a) Motor Omnibus Regulations;
(b) Motor Omnibus Services Regulations;
(c) Motor Traffic Act 1936;
(d) Motor Traffic Regulations;
(e) Motor Traffic (Alcohol and Drugs) Act 1977;
(f) Roads and Public Places Act 1937;
(g) Traffic Act 1937;
and reporting on the result of the search
3	Check of fingerprints against AFP records of fingerprints, search of AFP records for any information of convictions for offences by a person and reporting on the result of the check and the search	35
4	Check of fingerprints against AFP records of fingerprints and reporting on the result of the check	9
5	Providing a copy of a black and white photograph	7
6	Providing a colour copy of a colour photograph	14
7	Providing a copy of a road accident report where the accident involved injury or death	30
8	Providing a copy of a road accident report where the accident did not involve injury or death	16
9	Providing a copy of road accident particulars	14
10	Providing a copy of a medical report	25
11	Search of AFP records for incidents reported by a person over a period of 12 months regarding alleged harassments of that person or alleged violence or threats of violence directed against that person and reporting on the result of the search	25
12	Search of AFP records by a member for research purposes and reporting on the result of the search	Cost to the AFP for the member’s time
13	Providing a copy of a lost property report, a stolen property report or a malicious or criminal damage report	25
14	Providing a copy of a fire or death report	14
15	Providing a copy of an industrial accident report	14

 

SCHEDULE 6—continued

Column 1	Column 2	Column 3
Item	Matter	Fee
$
16	Providing a police escort for a vehicle in respect of which a permit has been granted under subsection 190 (2) of the Motor Traffic Act 1936 of the Australian Capital Territory—per hour or part of an hour	55
17	Providing a police escort other than an escort referred to in item 16	110
18	Providing a mechanical check of a motor vehicle in Australian Federal Police custody and reporting on the result of the check	16
19	Attendance of a member inside premises for the purpose of maintaining order during a sporting or entertainment event	Cost to the AFP for the member’s time
20	Attendance of a member for the purpose of an interview relating to proceedings other than criminal or coronial proceedings	Cost to the AFP for the member’s time
21	Provision of training or lecturing by a member other than at an educational institution or for community purposes	Cost to the AFP for the member’s time
22	Search of AFP records by a member for research purposes and reporting on the result of the search	Cost to the AFP for the member’s time
23	Attendance of a member at a court for the purpose of proceedings other than criminal or coronial proceedings	Cost to the AFP for the member’s time— minimum period of 4 hours
24	The second and each subsequent attendance within a month at premises in response to a malfunctioning burglar alarm	150

SCHEDULE 7 Regulation 47

PART 1—PRESCRIBED AUTHORITIES OF THE COMMONWEALTH

Column 1	Column 2
Item	Authority of the Commonwealth
1	A Department of State of the Commonwealth
2	Australian Airlines Limited
3	Australian Audit Office
4	Australian Bureau of Statistics
5	Australian Customs Service
6	Australian Electoral Commission
7	Australian Institute of Criminology
8	Australian Meat and Livestock Corporation
9	Australian Postal Corporation
10	Australian Protective Service
11	Australian Security Intelligence Organisation
12	Australian Science and Technology Council
13	Australian Taxation Office
14	Australian Telecommunications Corporation
15	Australian Trade Commission

 

SCHEDULE 7—continued

Column 1	Column 2
Item	Authority of the Commonwealth
16	Automotive Industry Authority
17	Commonwealth Ombudsman
18	Federal Airports Corporation
19	Human Rights and Equal Opportunity Commission
20	Industries Assistance Commission
21	Inter-State Commission
22	Merit Protection and Review Agency
23	National Crime Authority
24	Office of Inspector-General of Intelligence and Security
25	Office of National Assessments
26	Office of Parliamentary Counsel
27	Office of the Commissioner for Superannuation
28	Office of the Director of Public Prosecutions
29	Office of the Insurance and Superannuation Commission
30	Office of the Public Service Commissioner
31	Office of the Supervising Scientist
32	OTC Limited
33	Prices Surveillance Authority
34	Qantas Airways Limited
35	Trade Practices Commission

PART 2—FEES

Column 1	Column 2	Column 3
Item	Matter	Fee
$
1	Search of AFP records for any information of convictions for offences by a person and reporting on the result of the search	26
2	Search of AFP records for any information of convictions for offences by a person against the following legislation of the Australian Capital Territory:	14
(a) Motor Omnibus Regulations;
(b) Motor Omnibus Services Regulations;
(c) Motor Traffic Act 1936;
(d) Motor Traffic Regulations;
(e) Motor Traffic (Alcohol and Drugs) Act 1977;
(f) Roads and Public Places Act 1937;
(g) Traffic Act 1937;
and reporting on the result of the search
3	Check of fingerprints against AFP records of fingerprints, search of AFP records for any information of convictions for offences by a person and reporting on the result of the check and the search	35
4	Check of fingerprints against AFP records of fingerprints and reporting on the result of the check	9
5	Providing a copy of a black and white photograph	7
6	Providing a colour copy of a colour photograph	14
7	Providing a copy of a road accident report where the accident involved injury or death	30

 

SCHEDULE 7—continued

Column 1	Column 2	Column 3
Item	Matter	Fee
$
8	Providing a copy of a road accident report where the accident did not involve injury or death	16
9	Providing a copy of road accident particulars	14
10	Providing a copy of a lost property report, a stolen property report or a malicious or criminal damage report	25
11	Providing a copy of a fire or death report	14
12	Providing a copy of an industrial accident report	14
13	Providing a mechanical check of a motor vehicle in Australian Federal Police custody and reporting on the result of the check	16
14	Attendance of a member to escort a person to or from a remand centre or a detention centre	Cost to the AFP for the member’s time
15	Attendance of a member for the purpose of maintaining security at a remand centre or a detention centre	Cost to the AFP for the member’s time
16	Attendance of a member inside premises for the purpose of maintaining order during a sporting or entertainment event	Cost to the AFP for the member’s time
17	Attendance of a member for the purpose of an interview relating to proceedings other than criminal or coronial proceedings	Cost to the AFP for the member’s time
18	Search for AFP records by a member for research purposes and reporting on the result of the search	Cost to the AFP for the member’s time
19	Attendance of a member at a court for the purpose of proceedings other than criminal or coronial proceedings	Cost to the AFP for the member’s time— minimum period of 4 hours
20	The second and each subsequent attendance within a month at premises in response to a malfunctioning burglar alarm	150
21	Provision of security services for goods—in respect of each member who provides the service	Cost to the AFP for the member’s time— minimum period of 4 hours

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1989.

2. Statutory Rules 1979 No. 210 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 1 and see also Statutory Rules 1989 No. 1.

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