Australian Protective Service Act 1987
Act No. 7 of 1987 as amended
This compilation was prepared on 5 January 2004
taking into account amendments up to Act No. 132 of 2003
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Extension to external Territories
4A Application of the Criminal Code
Part II—Australian Protective Service
5 Establishment of Protective Service
6 Functions of Protective Service
7 Director of Protective Service
8 Protective service officers other than Director
9 Special protective service officers
10 Oath or affirmation of office
11 General administration and control of Protective Service
12 General Orders
Part III—Powers and duties of protective service officers
13 Powers of arrest
14 Use of force in making arrest etc.
15 Arrested person to be informed of grounds of arrest
16 Search of arrested person
17 How arrested person to be dealt with
18 Release of arrested person
18A Requirement to provide name etc.
18B Stopping and searching
18C Seizure of things found
18D How seized things must be dealt with
18E Application to magistrate
18F Modification of sections 18A, 18B, 18C, 18D and 18E to confer powers on the Australian Federal Police
19 Uniforms and identification numbers
20 Identity cards
21 Relationship of Part to other laws
22 Immunity from certain State and Territory laws
Part IV—Miscellaneous
23 Certificates
24 Delegation by Director
25 Delegation by Commissioner
25A Director may charge for certain services
26 Regulations
27 Annual report
Notes
An Act to establish an Australian Protective Service
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Australian Protective Service Act 1987.
2 Commencement [see Note 1]
This Act shall come into operation on a day to be fixed by Proclamation.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
APS employee has the same meaning as in the Public Service Act 1999.
Commissioner means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979.
Director means the Director of the Protective Service, being the person occupying the position in the Protective Service created under section 7.
police officer means:
(a) a member or special member of the Australian Federal Police; or
(b) a member, however described, of a police force of a State or Territory; or
(c) a member, however described, of a police force of a foreign country.
Protective Service means the Australian Protective Service established by this Act.
protective service officer means the Director or a person occupying a position in the Protective Service created under section 8.
Special protective service officer means a person holding an appointment…
Overview
The Australian Protective Service Act 1987 (the Act) was enacted to establish the Australian Protective Service, which is responsible for providing protective and custodial services on behalf of the Commonwealth and its agencies. The Act was passed by the Parliament of Australia and signed into law by the Governor-General. It was introduced to address the need for a dedicated service to protect Commonwealth property, personnel, and internationally protected persons. The Act delineates the establishment, functions, powers, and duties of the Australian Protective Service, as well as the roles and responsibilities of its officers.
Scope and Application
The Australian Protective Service Act 1987 establishes the Australian Protective Service (APS), a statutory agency under the Public Service Act 1999, responsible for providing protective and custodial services on behalf of the Commonwealth, as directed by the Minister. The Act applies to the Commonwealth, foreign countries, international organisations, and their respective authorities and agencies, and to designated overseas missions. The APS's functions include protecting property of interest to these entities, safeguarding Commonwealth officials and their families, protecting internationally protected persons, and managing the custody of individuals under the Migration Act 1958. The Act extends its jurisdiction to external territories and applies the Criminal Code to offences against it. Protective service officers, including the Director and special officers, are granted specific powers, such as the authority to arrest individuals without a warrant for certain offences and to search and seize items when necessary. The Act also outlines procedures for dealing with arrested individuals, including informing them of the grounds for arrest, searching them, and ensuring their delivery to police custody. The Act includes provisions for the issuance of identity cards, the wearing of uniforms, and the delegation of powers by the Director and the Commissioner. The Act’s application is further extended through subordinate instruments, and it includes specific exclusions and exemptions, such as the prohibition of providing bodyguard services. The Act is subject to annual reporting and regulatory oversight, with specific provisions for the handling of seized items and the charging for services provided to non-Commonwealth entities.
Key Provisions
- The Australian Protective Service Act 1987 (the "Act") establishes the Australian Protective Service ("APS") and defines its functions, powers, and duties. Section 5 of the Act establishes the APS and states that the Commissioner is the head of the APS, with the Director as the head of the APS. Section 6 specifies the functions of the APS, which include protecting property and persons of interest to the Commonwealth and its authorities, protecting persons holding office under the Commonwealth, and providing custodial services. Section 7 outlines the Director's role in creating the position and overseeing the APS.
- The Act imposes several obligations and requirements on the APS and its officers. Section 10 mandates that APS officers must take an oath or affirmation before performing their duties. Section 11 assigns the Director with responsibility for the general administration and control of the APS. Section 12 allows the Director to issue General Orders for the effective conduct of the APS, which officers are required to comply with. Section 19 requires APS officers to wear uniforms and identification numbers when on duty.
- Sections 13 to 18E detail the powers and duties of APS officers, including the power to arrest without a warrant for specified offences (Section 13), the use of reasonable force during arrests (Section 14), informing arrested persons of the grounds for their arrest (Section 15), conducting searches of arrested persons (Section 16), and handling seized items (Sections 18C-18E). Section 18A requires APS officers to request information from persons suspected of committing an offence.
- The Act also outlines penalties and consequences for non-compliance. Section 18A(2) imposes a penalty of 20 penalty units for failing to comply with a request for information. Section 19(3) and (4) establish penalties of $500 for not wearing identification numbers and uniforms, respectively. Section 20(4) imposes a $100 penalty for failing to return identity cards. These subsections specify that the contraventions are offences of strict liability, meaning intent or negligence is not required for conviction.
- The Act includes provisions for delegation of powers (Sections 24 and 25) and the issuance of certificates (Section 23). It also allows the Director to charge for services provided at the request of non-Commonwealth entities (Section 25A) and mandates the Commissioner to prepare an annual report on the APS's administration (Section 27). Section 22 grants APS officers immunity from certain state and territory laws regarding the use or possession of Commonwealth property.
- Area of Law
- Criminal Law
- National Security Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Enforcement Powers
- Powers of arrest
- Protection of property
- Regulatory Standards
