Australian Federal Police Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 330 1

__________________

Australian Federal Police Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Federal Police Act 1979.

Dated 20 December 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General and Minister for Justice

____________

1.   Amendment

1.1   The Australian Federal Police Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 2 (Interpretation)

2.1   Regulation 2 (definition of “cost to the AFP for the member’s time”):

Omit the definition, substitute:

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

• (a)

  if no minimum period is specified—the amount of remuneration payable to the member or staff member for the period during which he or she renders the service plus 159.4% of his or her base salary for the period; or

• (b)

  if a minimum period of 4 hours is specified:

  • (i)

    the amount of remuneration payable to the member or staff member for 4 hours plus 159.4% of his or her base salary for 4 hours; or

  • (ii)

    if the member or staff member renders a service for more than 4 hours, the amount of remuneration payable to the member or staff member for that longer period plus 159.4% of his or her base salary for that longer period;”.

2.2   Regulation 2:

After the definition of “remand centre”, insert:

“‘remuneration’, in relation to a member or staff member, means the base salary and, where relevant, the overtime, penalties and other allowances payable to the member or staff member;”.

3.   Regulation 46 (Police services requested etc. by the public)

3.1   Omit the regulation, substitute:

Police services rendered to the public or to an authority of the Commonwealth

 “46. The fee for a police service that is:

• (a)

  referred to in column 2 of an item in Schedule 6; and

• (b)

  rendered by the Australian Federal Police to:

  • (i)

    an authority of the Commonwealth, if rendering the service is a function of the Australian Federal Police; or

  • (ii)

    an individual at the request of, or under an agreement with, the individual; or

  • (iii)

    a body corporate at the request of, or under an agreement with, the body; or

  • (iv)

    any other organisation (other than an authority of the Commonwealth) at the request of, or under an agreement with, the organisation;

is set out in column 3 of the item.”.

[NOTE:

“Authority of the Commonwealth” is defined in section 4 of the Act.]

4.   Regulation 47 (Police services rendered in relation to a prescribed authority of the Commonwealth)

4.1   Omit the regulation.

5.   Schedules 6 and 7

5.1   Omit the Schedules, substitute:

SCHEDULE 6

Regulation 46

FEES

Column 1 Item no.	Column 2 Matter	Column 3 Fee $
1	Search of AFP records for any information of convictions for offences by a person and reporting on the result of the search	25
2	Search of AFP records for any information of convictions for offences committed by a person against the following legislation of the Australian Capital Territory: (a)   Motor Omnibus Regulations; (b)   Motor Omnibus Service 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	25
3	Check of fingerprints against AFP records of fingerprints, search of AFP records for any information of convictions for offences committed by a person and reporting on the results of the search	67
4	Fingerprinting and providing a copy of fingerprints	24
5	Providing a copy of a photograph	18
6	Providing a copy of a road accident report where the accident involved injury or death	18
7	Providing a copy of a road accident report where the accident did not involve injury or death	11
8	Providing a copy of road accident survey plans	31
9	Search of AFP records for incidents reported by a person regarding: (a)   alleged harassments of that person; or (b)   alleged violence or threats of violence directed against that person; and reporting on the result of the search	15
10	Providing a copy of one of the following reports: (a)   medical report; (b)   lost property report; (c)   stolen property report; (d)   malicious or criminal damage report; (e)   fire report; (f)   death report; (g)   industrial accident report; (h)   report of a mechanical check of a motor vehicle in AFP custody	15
11	The second and each subsequent attendance within a month at premises in response to a burglar alarm where no evidence of intrusion is found	141
12	Arranging for, or carrying out, towing of a vehicle	140
13	Providing a copy of an audio tape	17
14	Providing a copy of a video tape	19
15	Providing a copy of an incident report	15
16	Providing a copy of a Criminal Offence Report	31
17	Providing a copy of a statement	31
18	Attendance of a member or staff member for the purposes of maintaining order during a sporting or entertainment event	Cost to the AFP for the use of the member’s time
19	Attendance of a member or staff member for the purpose of an interview relating to court proceedings	Cost to the AFP for the use of the member’s time
20	Provision of training, or lecturing, by a member or staff member other than training or a lecture: (a) at an educational  institution; or (b)   for community purposes	Cost to the AFP for the use of the member’s time
21	Search of AFP records by a member or staff member for the purpose of presenting or producing evidence to a court	Cost to the AFP for the use of the member’s time
22	Attendance of a member or staff member at court proceedings	Cost to the AFP for the use of the member’s time—minimum period four hours
23	Provision of a police escort	Cost to the AFP for the use of the member’s time
24	Search of AFP records by a member or staff member and reporting on the results	Cost to the AFP for the use of the member’s time
25	Request for a police service not otherwise specified in this Schedule	Cost to the AFP for the use of the member’s time

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1996.

2. Statutory Rules 1979 No. 210 as amended by 1980 No. 140; 1981 Nos. 161 and 192; 1982 Nos. 199 and 282; 1983 No. 158; 1984 Nos. 164, 296 (as amended by 1985 No. 82) and 297; 1985 Nos. 82 and 293; 1986 No. 299; 1987 No. 14; 1988 Nos. 83, 84 and 363; 1989 Nos. 1, 139, 343, 344, 361 and 362; 1990 Nos. 23, 87, 273 and 409; 1992 No. 298; 1993 No. 60; 1994 No. 113; 1995 No. 324; 1996 No. 171.