Complaints (Australian Federal Police) Act 1981 (Cth)
This compilation was prepared on 31 March 2006
taking into account amendments up to Act No. 9 of 2006
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 and Publishing,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
Complaints (Australian Federal Police) Act 1981 .
This Act shall come into operation on a date to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
AFP appointee means a Deputy Commissioner of the Australian Federal Police, an AFP employee, a special member or a special protective service officer of the Australian Federal Police (all within the meaning of theAustralian Federal Police Act 1979 ).
breach of discipline means an offence that is a disciplinary offence for the purposes of the prescribed regulations.
Commissioner means the Commissioner of Police referred to in section 6 of theAustralian Federal Police Act 1979 , and includes a person acting as the Commissioner of Police in accordance with section 18 of that Act or exercising all the powers, and performing all the functions and duties, of the Commissioner of Police in accordance with section 19 of that Act.
Commissioner’s Orders has the same meaning as in theAustralian Federal Police Act 1979 .
Disciplinary Tribunal means the Federal Police Disciplinary Tribunal established by section 54.
duties include responsibilities.
Federal police officer means:
(a) a member of the Australian Federal Police; or
(b) a special member of the Australian Federal Police.
Investigation Division means the Internal Investigation Division established in pursuance of section 14.
law means a law of the Commonwealth or of a State or Territory.
minor complaint means a complaint:
(a) concerning action taken by an AFP appointee, being action that is or involves discourtesy to a person; or
(b) that arises out of a misunderstanding of the law, of the policy or procedures of the Australian Federal Police, or of any other matter;
but does not include a complaint concerning action that is or involves:
(c) serious ill‑treatment of a person by an AFP appointee; or
(d) an assault on a person by an AFP appointee.
officer in charge means the officer in charge of the Investigation Division.
Ombudsman means the Commonwealth Ombudsman.
responsible Minister means the Minister administering theAustralian Federal Police Act 1979 .
(2) For the purposes of this Act, where the Ombudsman has referred a matter to the Commissioner for investigation by the Investigation Division, that matter shall, upon being referred by the Commissioner to the Division, be taken to have been referred to the Division at the request of the Ombudsman.
(3) In this Act, unless the contrary intention appears:
(a) a reference to action taken in relation to the employment of AFP appointees generally shall, without limiting the generality of that expression, be construed as including a reference to action taken with respect to the promotion, termination of appointment or discipline of, or the payment of remuneration to, AFP appointees generally;
(b) a reference to action taken in relation to the employment of a particular AFP appointee shall, without limiting the generality of that expression, be construed as including a reference to action taken with respect to the promotion of, or the payment of remuneration to, a particular AFP appointee, but shall not be construed as including a reference to action taken with respect to a breach of discipline committed, or alleged to have been committed, by a particular AFP appointee;
(ba) a reference to cautioning an AFP appointee for a breach of discipline shall be construed as a reference to cautioning an AFP appointee member for a breach of discipline in accordance with regulations made under the
Australian Federal Police Act 1979 ;(bb) a reference to an AFP appointee being offered or accepting a caution shall be construed as a reference to an AFP appointee member being offered or accepting, as the case may be, a caution in accordance with regulations made under the
Australian Federal Police Act 1979 ;(bc) a reference to admonishing an AFP appointee for a breach of discipline shall be construed as a reference to admonishing an AFP appointee for a breach of discipline in accordance with regulations made under the
Australian Federal Police Act 1979 ;(bd) a reference to an AFP appointee being offered or accepting an admonition shall be construed as a reference to an AFP appointee being offered or accepting, as the case may be, an admonition in accordance with regulations made under the
Australian Federal Police Act 1979 ;(c) a reference to the charging of an AFP appointee in respect of a breach of discipline is a reference to the institution of proceedings against the appointee in respect of the breach in accordance with the prescribed regulations;
(d) a reference to the taking of action shall be construed as including a reference to:
(i) the making of a decision or recommendation;
(ii) the formulation of a proposal; and
(iii) failure or refusal to take any action, to make a decision or recommendation or to formulate a proposal.
(4) In this Act, references to the prescribed regulations shall be construed as references to such regulations made under the
Australian Federal Police Act 1979 as are declared by the regulations made under this Act to be the prescribed regulations.
In this Act, unless the contrary intention appears, a reference to action taken by an AFP appointee is a reference to action that the appointee takes or purports to take:
(a) because of his or her being an AFP appointee; or
(b) in the exercise of powers, or the performance of functions, given to him or her as an AFP appointee by this Act or by another law.
(1) Subject to this section, if a person complains to an AFP appointee about action taken by the appointee or another AFP appointee, or complains to the Ombudsman about such action, this Act applies in relation to the complaint:
(a) whether the complaint is made orally or in writing; and
(b) whether or not the AFP appointee whose action is complained of is identified in the complaint; and
(c) if the complaint is made to an AFP appointee—whether or not the identity of the complainant is known by, or disclosed to, the appointee.
(3) This Act does not apply to or in relation to a complaint concerning action taken in relation to the employment of AFP appointees generally or to the employment of a particular AFP appointee.
(4) The provisions of this Act, insofar as they confer rights on a complainant with respect to action taken by an AFP appointee:
(a) are in addition to the provisions of any other law;
(b) except as provided in subsection 22(5), do not affect the operation of any other law; and
(c) without limiting the generality of the foregoing, do not prevent or affect the taking of legal proceedings in respect of that action under some other law or affect the operation of any other law in respect of legal proceedings so taken.
This Act applies both within and outside Australia and extends to every external Territory.
Chapter 2 of the
Criminal Code applies to all offences against this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) If:
(a) a person complains to an AFP appointee about action taken by the appointee or by another AFP appointee; and
(b) the appointee to whom the complaint is made is an authorised appointee;
the authorised appointee must decide whether the complaint is a minor complaint and:
(c) if he or she decides that the complaint is a minor complaint—refer it to an AFP appointee designated by the Commissioner for the purposes of section 6A; or
(d) otherwise—refer the complaint, as soon as practicable, to the Investigation Division for investigation.
(2) If:
(a) a person complains to an AFP appointee about action taken by the appointee or by another AFP appointee; and
(b) the appointee to whom the complaint is made is not an authorised appointee;
the appointee to whom the complaint is made must refer the complaint to an authorised appointee.
(3) Where a complaint is referred to the Investigation Division, the Ombudsman shall be notified of the complaint and furnished with particulars of the complaint.
(4) This section does not apply to a complaint made by a person who:
(a) is known by the AFP appointee to whom the complaint is made to be an AFP appointee; or
(b) discloses to the AFP appointee to whom the complaint is made that he or she is an AFP appointee.
(5) In this section:
authorised appointee means an AFP appointee authorised by the Commissioner’s Orders to make determinations under subsection (1).
(1) An AFP appointee designated by the Commissioner for the purposes of this section shall, as soon as practicable after receiving a minor complaint:
(a) discuss the complaint with the complainant; and
(b) inform the complainant that the complaint:
(i) is being dealt with as a minor complaint; and
(ii) will, if the complainant at any time requests, be referred to the Investigation Division for investigation.
(2) Subject to subsection (3), the AFP appointee may, in the discussion or otherwise, attempt to resolve the complaint by conciliation.
(3) If:
(a) the AFP appointee has not discussed the complaint with the complainant within 24 hours after receiving the complaint;
(b) the AFP appointee is satisfied, after discussion with the complainant, that the complaint is not likely to be resolved by conciliation; or
(c) the complainant so requests;
the AFP appointee shall refer the complaint, by the most expeditious means available to the AFP appointee, to the Investigation Division for investigation and, if paragraph (a) applies, shall accompany the complaint with a statement of the reasons why the complaint has not been discussed with the complainant.
(4) Where the complaint is resolved by conciliation:
(a) the AFP appointee shall:
(i) inform the officer in charge; and
(ii) provide the officer with any information about the complaint, and about the action taken by the AFP appointee, that the officer requests;
(b) the officer in charge shall:
(i) notify the Ombudsman of the complaint and of the resolution of the complaint; and
(ii) furnish the Ombudsman with particulars of both; and
(c) the officer in charge shall take no action, or further action, by way of investigating or further investigating the complaint unless the Ombudsman requests the Commissioner, in writing, to cause it to be investigated or further investigated by the Investigation Division.
(1) Where the Commissioner or officer in charge considers that the whole or part of a complaint (whether made under section 6 or 22, but not including a complaint that is being dealt with under subsection 6A(2)) may properly be dealt with by attempting to resolve the complaint by conciliation, the Commissioner or officer in charge may, after notifying the Ombudsman, direct an authorised member to attempt to resolve the complaint by conciliation.
(2) Where the Commissioner or officer in charge:
(a) is satisfied that the complaint has been resolved by conciliation; or
(b) is satisfied, after discussion with the complainant, that the complaint is not likely to be resolved by conciliation;
the Commissioner shall inform the Ombudsman accordingly and, where paragraph (a) applies, furnish particulars of the resolution of the complaint to the Ombudsman.
(3) Except where the officer in charge is satisfied as provided in paragraph (2)(b), the officer in charge may, in his or her discretion, defer the investigation or further investigation of the whole or part of the complaint pending the outcome of an attempt under this section to resolve the complaint by conciliation.
(4) Where the officer in charge is satisfied that the whole or part of the complaint has been resolved by conciliation, the officer in charge shall take no action, or further action, by way of investigating or further investigating the whole or that part of the complaint unless the Ombudsman requests the Commissioner, in writing, to cause it to be investigated or further investigated by the Investigation Division.
(5) Evidence of a statement made or an answer given by an AFP appointee in the course of an attempt under this section to resolve a complaint by conciliation is not admissible against the appointee in any proceedings (including proceedings in relation to a breach of discipline).
(6) This section shall not be taken to prevent the Ombudsman from investigating under Part III a complaint made under section 6 that is, in substance, a complaint concerning the practices and procedures of the Australian Federal Police.
(7) For the purposes of subsection (1), an authorised member is an AFP appointee (other than the appointee against whom the complaint is made) who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this section.
(1) Subject to this Act, each complaint that is referred to the Investigation Division under section 6, each complaint that is referred to the Commissioner under section 23, and each matter that is referred to that Division under subsection 25(5), shall be investigated by that Division.
(2) A complaint that has been investigated by the Investigation Division shall, in accordance with subsection 11(7) or upon request being made by the Ombudsman under subparagraph 36(1)(a)(i), be investigated further by that Division.
(3) The investigation or further investigation of a complaint, or the investigation of a matter referred to in subsection (1), shall be conducted, subject to this part, in such manner as the officer in charge thinks fit.
(4) Subject to this Part, a member of the Investigation Division may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as he or she thinks fit.
(5) A member of the Investigation Division may, for the purposes of the investigation of a complaint or matter, direct an AFP appointee to furnish information, produce a document or other record, or answer a question, that is relevant to the complaint or matter, as the case may be.
(5A) A direction under subsection (5) has no effect unless the person giving the direction:
(a) states in the direction that the AFP appointee concerned is being expressly directed under subsection (5) of this section;
(b) specifies in the direction the substance of the complaint or matter being investigated;
(c) if it is practicable to do so—gives the direction in writing; and
(d) if the direction is given in writing—causes a copy of the direction to be furnished to the member concerned.
(5B) In any proceedings for a contravention of subsection (8), the onus of proving that the person who gave a direction under subsection (5) complied with subsection (5A) lies on that person.
(6) Where an AFP appointee is directed under subsection (5) to furnish information, produce a document or record or answer a question, the appointee is not excused from complying with the direction on the ground that:
(a) the furnishing of the information, the production of the document or record or the answering of the question:
(i) would be contrary to the public interest; or
(ii) might make him or her liable to a penalty; or
(b) the information, the production of the document or record or the answer to the question might tend to incriminate him or her;
or on any other ground, but the information, the production of the document or record or the answer to the question is not admissible in evidence against him or her in any civil or criminal proceedings other than proceedings for an offence against subsection (8) or for or in relation to a breach of discipline.
(7) Nothing in subsection (6) shall be taken to affect the admissibility in evidence, in any civil or criminal proceedings, of:
(a) any information furnished by an AFP appointee to a member of the Investigation Division;
(b) the production of a document or other record by an AFP appointee to a member of the Investigation Division; or
(c) an answer given by an AFP appointee to a question put to him or her by a member of the Investigation Division;
where the member of the Australian Federal Police has not been expressly directed, under subsection (5), to furnish the information, produce the document or record or answer the question.
(8) An AFP appointee shall not:
(a) refuse or fail to furnish information, produce a document or other record or answer a question when so required in pursuance of this section; or
(b) furnish information or make a statement to a member of the Investigation Division knowing that it is false or misleading in a material particular.
Penalty: Imprisonment for 6 months.
(8A) Paragraph (8)(a) does not apply if the appointee has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the
Criminal Code ).(9) For all purposes of the
Australian Federal Police Act 1979 , and the regulations in force under that Act, a direction given by a member of the Investigation Division under subsection (5) has effect as if it had been given by the Commissioner.(10) Subsections (3) and (4) do not authorize a Federal police officer to contravene or fail to comply with a law that would, if those subsections had not been enacted, apply in relation to the investigation of a complaint or other matter referred to the Investigation Division, but nothing in this subsection affects the operation of any other provision of this section.
(11) An AFP appointee is not liable to any penalty (other than a penalty under this Act) merely because the appointee:
(a) gives information; or
(b) produces a document or other record; or
(c) answers a question;
when directed to do so by a member of the Investigation Division under this section.
(1) The officer in charge may:
(a) if he or she thinks that the whole or a part of the investigation should be carried out by a person having special qualifications and the Commissioner so approves—authorise a person who has those qualifications to make the whole or the part of the investigation for the Division; or
(b) if he or she thinks that a complaint is not such as to require investigation by a member of the Division and the Commissioner so approves—authorise a Federal police officer to make the investigation for the Division.
(2) If the officer in charge gives such an authority, each reference in section 7 to a member of the Investigation Division is to be read, in relation to the whole or the part of the investigation, as including a reference to the authorised person.
(1) Where a complaint is required to be investigated as provided by section 46, the Commissioner shall ensure that no action, or no further action, is taken by the Investigation Division in connection with the investigation of that complaint.
(2) Where the Ombudsman informs the Commissioner under section 25 that he or she intends to investigate a complaint, the Commissioner may, in his or her discretion, direct the officer in charge:
(a)
if the Investigation Division has not commenced to investigate the complaint—to cause the Division to refrain from investigating the complaint; or
(b) if the Investigation Division has commenced to investigate the complaint—to cause the Investigation Division to refrain from further investigating the complaint and to furnish to the Ombudsman a report, in writing, setting out any information acquired by the Division as a result of the investigation already carried out.
(3) Where, after:
(a) particulars of a complaint have been furnished to the Ombudsman in accordance with section 6; or
(b) the Ombudsman has referred to the Commissioner a complaint that was made to the Ombudsman under this Act or a matter relating to such a complaint;
the Ombudsman informs the Commissioner under section 24 that the Ombudsman has determined that the complaint should not be investigated, or investigated further, as the case requires, the Commissioner may, in his or her discretion, direct the officer in charge to cause the Investigation Division to refrain from investigating, or further investigating, that complaint or matter.
(1) When the Investigation Division has completed its investigation of a complaint or other matter referred to it under this Act, the officer in charge shall cause a report, in writing, of the results of the investigation to be prepared, and a copy of that report shall, as soon as practicable after it has been prepared, be furnished to the Ombudsman, together with any comments that the Commissioner wishes to make in relation to the report.
(2) When the Investigation Division has completed its investigation of a complaint that was referred to it under section 6 or referred to the Commissioner under section 23 and following consultation with the Ombudsman about the results of the investigation, the Commissioner shall cause to be furnished to the AFP appointee concerned, in such manner and at such times as he or she thinks fit, particulars of the results of the investigation carried out by the Division together with any comments he or she wishes to make concerning the investigation.
(3) In this section,
investigation , in relation to a complaint, includes a further investigation of that complaint by the Investigation Division under subsection 11(7) or upon request made by the Ombudsman under subparagraph 36(1)(a)(i).
(1) As soon as practicable after the Commissioner receives a report of the results of the investigation, or further investigation, of a complaint by the Investigation Division or a report of the results of a special or additional investigation of a complaint by the Ombudsman, the Commissioner shall consider the report, together with:
(a) in the case of a report of the results of the investigation, or further investigation, of a complaint by the Investigation Division—any notification or recommendation under section 36 that he or she may have received with respect to the report; or
(b) in the case of a report of the results of a special or additional investigation of a complaint by the Ombudsman—any recommendation under subsection 26(3) or (3A) that he or she may have received with respect to the report;
and, without limiting the generality of the foregoing, shall consider whether, in his or her opinion, any action should be taken by way of charging, or offering a caution or an admonition to, one or more AFP appointees.
(2) Where the Commissioner receives a notification or recommendation under section 36 with respect to a report of the results of the investigation, or further investigation, of a complaint by the Investigation Division after he or she has complied with subsection (1) in respect of the report, he or she shall consider the notification or recommendation in conjunction with a further consideration of the report and, without limiting the generality of the foregoing, shall consider whether, in his or her opinion, any action, or any further action, should be taken by way of charging, or offering a caution or an admonition to, one or more AFP appointees.
(3) Where, upon complying with subsection (1) or (2) in respect of a report of the results of the investigation, or further investigation, of a complaint by the Investigation Division or upon complying with subsection (1) in respect of a report of the results of a special or additional investigation of a complaint by the Ombudsman, the Commissioner proposes:
(a) that one or more AFP appointees be charged;
(b) that one or more AFP appointees be offered a caution;
(c) that one or more AFP appointees be offered an admonition; or
(d) that no action be taken by way of charging, or offering a caution or admonition to, one or more AFP appointees;
the Commissioner shall confer with the Ombudsman concerning his or her proposal and may, from time to time in the course of so conferring, modify his or her proposal having regard to relevant matters, including matters put to him or her by the Ombudsman.
(4) Subject to subsection (5), when the Commissioner has conferred with the Ombudsman in respect of a report, the Commissioner shall give effect to the proposal put by him or her to the Ombudsman.
(5) Where the result of the Commissioner’s conferring with the Ombudsman in respect of a report was that the Ombudsman expressly disagreed, either in whole or in part, with the proposal that was put to him or her, the Commissioner shall refer the matter on which they disagreed to the Attorney‑General.
(6) A reference in subsection (4) or (5) to a proposal put by the Commissioner to the Ombudsman shall, in a case where the proposal first put by the Commissioner to the Ombudsman in the course of conferring with the Ombudsman was later modified, be construed as a reference to the proposal so first put as modified or last modified in the course of so conferring.
(7) Where the Commissioner refers a matter to the Attorney‑General under subsection (5), the Attorney‑General shall, after considering the report to which the matter relates and the results of any inquiries he or she makes or causes to be made:
(a) direct what action (if any) should be taken by way of charging, or offering a caution or admonition to, the AFP appointee, or any of the AFP appointees, as the case may be, to whom the matter relates; or
(b) direct that no action should be taken at that time by way of charging, or offering a caution or admonition to, the AFP appointee, or any of the AFP appointees, as the case may be, to whom the matter relates pending:
(i) unless subparagraph (ii) applies—further investigation by the Investigation Division under Part II or by the Ombudsman under Part III, as the Attorney‑General determines; or
(ii) if the matter referred to the Attorney‑General relates to a complaint that was the subject of a special or additional investigation by the Ombudsman—further investigation by the Ombudsman under Part III.
(8) Nothing in this section shall be taken to limit the powers conferred on the Ombudsman by section 36 in relation to a complaint.
(9) In this section:
(a) a reference to the additional investigation of a complaint by the Ombudsman shall be construed as a reference to an investigation of the complaint conducted by the Ombudsman in accordance with a notification made under subparagraph 36(1)(a)(ii) or 36(2)(a)(i);
(b) a reference to the charging of an AFP appointee shall be construed as a reference to the charging of an AFP appointee with an offence or breach of discipline;
(ba) a reference to the offering of a caution to an AFP appointee shall be construed as a reference to the offering of a caution to an AFP appointee for a breach of discipline;
(bb) a reference to the offering of an admonition to an AFP appointee shall be construed as a reference to the offering of an admonition to an AFP appointee for a breach of discipline;
(c) a reference to the modification of a proposal shall be construed as including a reference to the substitution of a proposal for another proposal;
(d) a reference to a notification under section 36 shall be construed as a reference to a notification under paragraph 36(1)(b) or (2)(b);
(e) a reference to a recommendation under section 36 shall be construed as a reference to a recommendation under paragraph 36(1)(c) or (2)(c); and
(f) a reference to the special investigation of a complaint by the Ombudsman shall be construed as a reference to an investigation of the complaint by the Ombudsman in pursuance of section 46.
(1) Subject to subsection (2), where proceedings to which subsection 67(1) or (2) applies have been instituted by the Commissioner, the Commissioner may, at any time before the proceedings have been determined, with the leave of the Disciplinary Tribunal, discontinue the proceedings in whole or in part.
(2) The Commissioner shall not discontinue proceedings under subsection (1):
(a) in the case of proceedings instituted pursuant to a direction by the Attorney‑General under paragraph 11(7)(a)—without the consent of the Attorney‑General;
(b) in the case of proceedings instituted pursuant to action by the Minister under paragraph 52(2)(b)—without the consent of the Minister; or
(c) in the case of proceedings instituted pursuant to a proposal put by the Commissioner as mentioned in subsection 11(4)—without the consent of the Ombudsman.
(1) Where, under section 11, an AFP appointee is:
(a) charged with an offence or breach of discipline; or
(b) offered a caution or admonition for a breach of discipline;
the Commissioner shall notify the Ombudsman, in writing, that the appointee has been so charged or has been offered a caution or admonition, as the case requires.
(2) Where:
(a) an AFP appointee is, under section 11, offered a caution or admonition for a breach of discipline; and
(b) the appointee refuses to accept the caution or admonition;
the Commissioner shall notify the Ombudsman, in writing, that:
(c) the appointee has refused the caution or admonition; and
(d) the appointee has been charged with a breach of discipline.
Where, under section 11, an AFP appointee is charged with an offence or breach of discipline, or accepts a caution or admonition for a breach of discipline, the Commissioner shall, unless the identity of the complainant is unknown, as soon as practicable notify the complainant, in writing, that the appointee has been so charged, or has accepted the caution or admonition, and give to the complainant any comments the Commissioner wishes to make in relation to the charge, or the acceptance of the caution or admonition, as the case requires.
(1) The Commissioner shall constitute, within the Australian Federal Police, a Division to be known as the Internal Investigation Division.
(2) The functions of the Investigation Division are:
(a) to investigate complaints concerning action taken by AFP appointees that are referred to it under section 6 or referred to the Commissioner under section 23; and
(b) to investigate matters concerning action taken by AFP appointees that are referred to it by the Commissioner, including matters that are so referred to it at the request of the Ombudsman.
(3) In addition to the functions of the Investigation Division under subsection (2), the Investigation Division has such other functions as are conferred on it by or under any other Act.
(1) The establishment of the Investigation Division shall be such as is from time to time determined by the Commissioner.
(2) In determining the establishment of the Investigation Division, and in varying that establishment from time to time, the Commissioner shall ensure, so far as it is practicable for the Commissioner to do so, that the staff of the Investigation Division is adequate to enable the Division to perform its functions effectively.
(3) The officer in charge is responsible directly to the Commissioner, or, if the Commissioner so directs, to a specified Deputy Commissioner, for the performance by the Investigation Division of its functions.
(1) The Commissioner shall, in transferring Federal police officers to the Investigation Division, and in transferring Federal police officers from that Division to another part of the Australian Federal Police, ensure that there are, at all times, not less than 2 Federal police officers serving in the Division and that, as far as practicable, the Federal police officers serving in the Division are adequate for the effective performance of the functions of the Division.
(2) The Commissioner shall, in selecting a Federal police officer for transfer to the Investigation Division take into account, in addition to any other matters that he or she considers to be relevant:
(a) the nature of the functions of the Division; and
(b) the need to ensure that, at all times, there are included among the Federal police officers serving in the Division a Federal police officer with experience in criminal investigations and a Federal police officer with experience in general police duties.
(3) Subject to subsection (4), the Commissioner may direct a Federal police officer serving in the Investigation Division to perform duties that are not related to the Division’s functions so long as those duties do not unduly interfere with the performance by the Division of its functions.
(4) Subject to subsection (5), the Commissioner must not direct a Federal police officer serving in the Investigation Division to investigate an offence alleged to have been committed by a person other than an AFP appointee.
(5) A Federal police officer may investigate an offence alleged to have been committed by a person other than an AFP appointee to the extent that such an investigation is necessary to investigate an offence alleged to have been committed by an AFP appointee.
(1) Where the Commissioner transfers a Federal police officer to the Investigation Division, the Commissioner shall, by instrument under his or her hand, determine the period, being a period not exceeding 3 years, during which the Federal police officer is to serve in the Division.
(2) Where a Commissioner is of the opinion that there are special reasons for doing so, he or she may vary an instrument under subsection (1) (including an instrument that has been previously varied under this subsection) by substituting for the period specified in the instrument a shorter or longer period (including a longer period in excess of 3 years).
(3) As soon as practicable after a Federal police officer of the Investigation Division has performed duty in the Investigation Division for the period specified in the instrument under subsection (1) that relates to the officer, the Commissioner shall cause him or her to be transferred from that Division.
(1) The officer in charge shall maintain a register containing the prescribed particulars with respect to each complaint or other matter that is referred to the Investigation Division for investigation.
(2) The Commissioner shall include in the annual report prepared by him or her in accordance with section 67 of the
Australian Federal Police Act 1979 in respect of a year the prescribed particulars:
(a) with respect to complaints and other matters referred during that year to the Investigation Division for investigation;
(b) of the action taken by the Investigation Division during that year in respect of complaints and other matters referred to the Investigation Division for investigation; and
(c) of the action taken by him or her during that year in respect of:
(i) reports received by him or her of the results of investigations by the Investigation Division;
(ii) reports received by him or her from the Ombudsman in respect of investigations by the Ombudsman; and
(iii) proceedings remitted to him or her by the Disciplinary Tribunal.
(1) A person must not make a complaint to which this Act applies to an AFP appointee about action taken by an AFP appointee if the person knows that the complaint is false in a material particular.
Penalty: 20 penalty units.
(2) A person must not, in relation to a complaint to which this Act applies, provide information to an AFP appointee that the person knows to be false in a material particular.
Penalty: 20 penalty units.
(3) Proceedings for an offence against this section must not be brought except with the consent in writing of:
(a) the Ombudsman or an authorised person; or
(b) if the Ombudsman or an authorised person refuses to consent—the Attorney‑General.
(4) In this section:
authorised person means a person who has been authorised in writing by the Ombudsman to give consents under subsection (3).
(1) The Commissioner may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to an AFP appointee any of his or her powers under this Act, other than this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Commissioner.
(3) A delegate shall, upon request by a person affected by the exercise of any powers delegated to him or her, produce the instrument of delegation, or a copy of that instrument, for inspection.
(4) A delegation under this section does not prevent the exercise of a power by the Commissioner.
(1) In this Part, unless the contrary intention appears:
authorized person means:
(a) a person appointed by the Ombudsman to be an authorized person for the purposes of this Part; or
(b) a person included in a class of persons determined by the Ombudsman, by writing under his or her hand, to be a class of authorized persons for the purposes of this Part.
Deputy Ombudsman means a Deputy Commonwealth Ombudsman.
enactment means:
(a) an Act;
(b) an Ordinance of the Australian Capital Territory;
(ba) an enactment of Norfolk Island, other than an enactment relating to the powers, privileges or immunities of the Legislative Assembly of Norfolk Island;
(c) an Ordinance of the Territory of Christmas Island or of the Territory of Cocos (Keeling) Islands;
(d) an instrument made under an Act or under an Ordinance referred to in paragraph (b) or (c); or
(e) a law (not being an Act, an Ordinance referred to in paragraph (c) or an instrument referred to in paragraph (d)) in force in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands;
but does not include the
Norfolk Island Act 1979 , theNorthern Territory (Self‑Government) Act 1978 or an enactment of the Northern Territory.
enactment of Norfolk Island means:
(a) a law or Ordinance referred to in paragraph (a), (b) or (c) of the definition of
enactment in subsection 4(1) of theNorfolk Island Act 1979 ; or(b) an instrument (including rules, regulations or by‑laws) made under such a law or Ordinance.
enactment of the Northern Territory means:
(a) a law or Ordinance referred to in paragraph (a) or (b) of the definition of
enactment in subsection 4(1) of theNorthern Territory (Self‑Government) Act 1978 ; or(b) an instrument (including rules, regulations or by‑laws) made under such a law or Ordinance.
Ordinance , in relation to the Australian Capital Territory, includes a law of a State that applies, or the provisions of a law of a State that apply, in the Territory by virtue of an enactment.
(2) In this Part, unless the contrary intention appears:
(a) references to a Department;
(b) references to an officer, or a principal officer, in relation to a Department or a prescribed authority;
(c) references to the responsible Minister, in relation to a matter or to action taken in relation to a matter; and
(d) subject to subsection (3), references to a prescribed authority;
have the same respective meanings as they have in the
Ombudsman Act 1976 .
(3) In this Part, a reference to a prescribed authority shall be construed as not including a reference to the Australian Federal Police.
(4) In this Part, unless the contrary intention appears, a reference to a complaint concerning action taken by an AFP appointee shall be construed as including a reference to a complaint concerning action taken by the Australian Federal Police.
(5) In this Part, a reference to a complaint that is, in substance, about the practices and procedures of the Australian Federal Police shall be construed as a reference to a complaint that is, in substance, about the rules, orders and instructions (including the Commissioner’s Orders) in accordance with which the AFP appointee to whom the complaint relates is required to perform his or her duties or about the practices and procedures ordinarily followed by AFP appointees in the performance of their duties.
(6) In this Part, unless the contrary intention appears, a reference to the Ombudsman of a State shall be read as a reference to a person performing, under a law of the State, functions similar to the functions performed by the Ombudsman under this Part.
(7) For the purposes of a provision of this Part (other than this subsection) in which a reference to the Ombudsman of a State occurs:
(a) a reference to a State, in relation to the Ombudsman of a State, shall be read as including a reference to the Northern Territory; and
(b) a reference to a law of a State, in relation to the Ombudsman of a State, shall be read as including a reference to an enactment of the Northern Territory.
(1) The Ombudsman may, on his or her own initiative:
(a) undertake an investigation of the actions of an AFP appointee; or
(b) refer any matter relating to the actions of an AFP appointee (other than a procedural matter) to the Investigation Division for investigation.
(2) In this section:
actions of an AFP appointee includes actions taken by the appointee before the commencement of this section.
procedural matter means a matter that, in substance, relates to the practices and procedures of the Australian Federal Police.
(1) A complaint may be made to the Ombudsman under this Part by any person (including an AFP appointee) concerning action taken, whether before or after the commencement of this Act, by an AFP appointee.
(2) Subject to subsection (3), a complaint under subsection (1) may be made to the Ombudsman orally or in writing.
(3) Where a complaint is made orally to the Ombudsman, the Ombudsman may reduce the complaint to writing or at any time require the complainant to reduce the complaint to writing and, where the Ombudsman makes such a requirement of a complainant, the Ombudsman may decline to investigate the complaint, or to investigate the complaint further, or to refer the complaint to the Commissioner, until the complainant reduces the complaint to writing.
(4) A person who is detained in custody is entitled:
(a) upon making a request to the person in whose custody he or she is detained or to any other person performing duties in connection with his or her detention:
(i) to be provided with facilities for preparing a complaint in writing under this Part, for furnishing in writing to the Ombudsman, after the complaint has been made, any other relevant information and for enclosing the complaint or the other information (if any) in a sealed envelope; and
(ii) to have sent to the Ombudsman, without undue delay, a sealed envelope delivered by him or her to any such person and addressed to the Ombudsman; and
(b) to have delivered to him or her, without undue delay, any sealed envelope, addressed to him or her and sent by the Ombudsman, that comes into the possession or under the control of the person in whose custody he or she is detained or of any other person performing duties in connection with his or her detention.
(4A) Where a sealed envelope addressed to the Ombudsman is delivered by a person detained in custody to a person referred to in subsection (4) for sending to the Ombudsman, or a sealed envelope addressed to a person so detained and sent by the Ombudsman comes into the possession or under the control of a person referred to in that subsection, neither the person in whose custody the first‑mentioned person is detained nor any other person performing duties in connection with his or her detention is entitled to open the envelope or to inspect any document enclosed in the envelope.
(4B) For the purposes of subsections (4) and (4A), the Ombudsman may make arrangements with the appropriate authority of a State or Territory for the identification and delivery of sealed envelopes sent by the Ombudsman to persons detained in custody in that State or Territory.
(5) Notwithstanding anything contained in the
Ombudsman Act 1976 , the provisions of that Act (other than section 19 of the Act) do not apply to or in relation to action that is, within the meaning of that Act, action taken by the Australian Federal Police or to action that is, within the meaning of this Act, action taken by an AFP appointee, whether that action was taken before, or is taken after, the commencement of this Act, if that action is the subject of a complaint made, or to be treated, by virtue of subsection (6), as having been made, to the Ombudsman under subsection (1).(6) For the purpose of subsection (5), if a complaint is made to the Ombudsman under the
Ombudsman Act 1976 , after the commencement of this Act, with respect to action that is, within the meaning of theOmbudsman Act 1976 , action taken by the Australian Federal Police or with respect to action that is, within the meaning of this Act, taken by an AFP appointee, the Ombudsman shall treat the complaint as if it were a complaint made to him or her under subsection (1).(7) Notwithstanding subsection (5):
(a) where a complaint made to the Ombudsman under subsection (1) is, as to part, a complaint with respect to action taken by an AFP appointee and, as to the remainder, a complaint with respect to action that is, within the meaning of the
Ombudsman Act 1976 , action taken by a Department or a prescribed authority other than the Australian Federal Police; or(b) where a complaint made to the Ombudsman under the
Ombudsman Act 1976 , after the commencement of this Act is, as to part, a complaint with respect to action that is, within the meaning of that Act, action taken by the Australian Federal Police or with respect to action that is, within the meaning of this Act, action taken by an AFP appointee, or both, and, as to the remainder, a complaint with respect to action that is, within the meaning of theOmbudsman Act 1976 , action taken by a Department or a prescribed authority other than the Australian Federal Police;the Ombudsman shall treat the first‑mentioned part of the complaint as if it were a complaint made to him or her under subsection (1) and the remainder of the complaint as if it were a separate complaint made to him or her under the
Ombudsman Act 1976 .
(8) For the purposes of the application of sections 56 and 57 of the
Freedom of Information Act 1982 in a case where a complaint is made to the Ombudsman concerning action taken by an AFP appointee or by the Australian Federal Police in connection with a request made to the Australian Federal Police under that Act:
(a) references in those sections to the
Ombudsman Act 1976 shall be read as references to this Act;(b) references in those sections to section 12 of the
Ombudsman Act 1976 shall be read as references to section 34 of this Act;(c) the reference in subsection 57(2) of the
Freedom of Information Act 1982 to subsection 6(2) of theOmbudsman Act 1976 shall be read as a reference to subsection 24(2) of this Act; and(d) subsection 57(7) of the
Freedom of Information Act 1982 shall be disregarded.
(1) Subject to this Part, where a complaint is made to the Ombudsman under this Part about action taken by an AFP appointee:
(a) if the complaint is, in substance, about the practices and procedures of the Australian Federal Police—the Ombudsman shall investigate the complaint under this Part; or
(b) in any other case—the Ombudsman shall refer the complaint to the Commissioner.
(2) Subject to this Part, where particulars of a complaint are furnished to the Ombudsman in accordance with section 6, and the complaint is, in substance, about the practices and procedures of the Australian Federal Police, the Ombudsman may investigate the complaint under this Part.
(3) Subject to this Part, where the Ombudsman furnishes a notification to the Commissioner under subparagraph 36(1)(a)(ii) or (2)(a)(i) in respect of a complaint after it has been investigated by the Investigation Division, the Ombudsman shall investigate the complaint under this Part.
(4) If the Ombudsman has power under this Act and under paragraph 5(1)(b) of the
Ombudsman Act 1976 to investigate any action of an AFP appointee, the Ombudsman cannot investigate the action under theOmbudsman Act 1976 .(5) Where the Ombudsman is of the opinion that a complaint made to him or her under this Part, or to an AFP appointee under Part II, is, in part, a complaint that is, in substance, about the practices and procedures of the Australian Federal Police and in part a complaint that is not, in substance, about the practices and procedures of the Australian Federal Police:
(a) if the Ombudsman is also of the opinion that those parts of the complaint cannot conveniently be dealt with separately—the Ombudsman may inform the Commissioner, under subsection 25(1), that he or she proposes to investigate the complaint as if the whole of the complaint was, in substance, about the practices and procedures of the Australian Federal Police and, where he or she does so, this Act applies as if the complaint were such a complaint; and
(b) in any other case—the Ombudsman may inform the Commissioner that he or she proposes to investigate the first‑mentioned part of the complaint under this Part and, where he or she does so, this Act applies as if the first‑mentioned part and the second‑mentioned part of the complaint were separate complaints.
(6) Nothing in this section shall be taken to limit the duty of the Ombudsman to investigate a complaint under this part in pursuance of subsection 11(7) or section 46.
(1) Where a complaint has been made to the Ombudsman under this Part or particulars of a complaint have been furnished to the Ombudsman in accordance with section 6, the Ombudsman may, in his or her discretion, determine that the complaint should not be investigated, or investigated further, as the case requires, under this Act:
(a) if he or she is satisfied that the complainant became aware of the action complained of more than 12 months before the complaint was made;
(b) if, in his or her opinion:
(i) the complaint is frivolous, trivial or vexatious or was not made in good faith; or
(ii) the complainant does not have a sufficient interest in the subject matter of the complaint;
(c) if a person has been charged with an offence or breach of discipline, or offered a caution or admonition for a breach of discipline, in relation to the action complained of; or
(d) if, in his or her opinion, the investigation, or further investigation, of that action is not warranted having regard to all the circumstances.
(2) Where the Ombudsman is satisfied, with respect to a complaint referred to in subsection (1), that the complainant has exercised a right to cause the action complained of to be reviewed by a court or tribunal constituted by or under a law, the Ombudsman shall determine that the action should not be investigated, or investigated further, as the case requires, under this Act unless he or she is of the opinion that there are special reasons why the action should be investigated, or investigated further, under this Act.
(2A) Where the Ombudsman is satisfied, with respect to a complaint referred to in subsection (1), that the complainant has or had a right to cause the action complained of to be reviewed by a court or tribunal constituted by or under a law but has not exercised that right, the Ombudsman may determine that the action should not be investigated, or investigated further, as the case requires, under this Act if he or she is of the opinion that, in all the circumstances of the case, it would be reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right.
(3) Where the Ombudsman does not, for any reason, investigate, or continue to investigate, any action, the Ombudsman shall, as soon as practicable and in such manner as the Ombudsman thinks fit, inform the complainant and (except where an arrangement with the Commissioner is in force under subsection (4A) relating to a class of actions in which that action is included) the Commissioner of the decision and of the reasons for the decision.
(4) Where the Ombudsman makes a determination under subsection (1), (2) or (2A) in respect of a complaint, section 23 shall not be taken to require him or her to commence or to continue an investigation of the complaint or to refer the complaint to the Investigation Division.
(4A) The Ombudsman may from time to time make with the Commissioner an arrangement in relation to actions in respect of which complaints referred to in subsection (1) are made, being actions included in a class or classes of actions specified in the arrangement, providing for the manner in which, and the period within which, the Ombudsman is to inform the Commissioner of a determination referred to in subsection (1), (2) or (2A) and of the reasons for the determination.
(5) Where a complaint referred to in subsection (1) is made by a complainant at the request of another person or of a body of persons, this section applies as if references to the complainant were references to the person or the body of persons at whose request the complaint is made.
(1) Where a complaint has been made to the Ombudsman under this Part, the Ombudsman may, for the purpose of:
(a) determining whether or not the complaint concerns action taken by an AFP appointee; or
(b) if the Ombudsman is satisfied that the complaint concerns action taken by an AFP appointee—determining whether or not the Ombudsman may, in his or her discretion, determine that the complaint should not be investigated under this Act;
make inquiries of the Commissioner or, if an arrangement with the Commissioner is in force under subsection (2), of the appointee as is, or the appointees as are, referred to in the arrangement.
(2) The Ombudsman may from time to time make with the Commissioner an arrangement with respect to the AFP appointees of whom all inquiries, or inquiries included in a class or classes of inquiries specified in the arrangement, are to be made by the Ombudsman in pursuance of subsection (1).
(1) Before commencing to investigate a complaint or the actions of an AFP appointee under this Part, the Ombudsman shall inform the Commissioner that the complaint is to be investigated or the actions of the appointee are to be investigated.
(1A) The Ombudsman may from time to time make with the Commissioner an arrangement with respect to the manner in which, and the period within which, the Ombudsman is to inform the Commissioner that he or she proposes to investigate a complaint or the actions of an AFP appointee under this Part, being a complaint or the actions of an AFP appointee included in a class or classes of complaints or actions of AFP appointees specified in the arrangement.
(2) An investigation under this Part shall be conducted in private and, subject to this Act, in such manner as the Ombudsman thinks fit.
(3) Whenever it becomes necessary or desirable for the Ombudsman to use persons with police training in connection with his or her investigation under this Part of a complaint, the Ombudsman may, and shall in so far as it is practicable to do so, use, in connection with that investigation:
(a) a Federal police officer who is made available to him or her by the Commissioner for the purposes of the investigation; or
(b) a member of the police force of a State whom the police force of the State agrees to make available to the Ombudsman, for the purposes of the investigation, under arrangements made by the Commissioner.
(4) Subject to this Act, the Ombudsman may, for the purposes of an investigation under this Part obtain information from such persons, and make such inquiries, as he or she thinks fit.
(5) The Ombudsman may, if he or she considers it would be desirable in a particular case to do so, refer to the Commissioner for investigation and report by the Investigation Division a matter relating to a complaint or the actions of an AFP appointee that is being investigated by the Ombudsman under this Part, being a complaint or the actions of an AFP appointee that is, in substance, about the practices and procedures of the Australian Federal Police.
(6) Subject to subsection (7), it is not necessary for the complainant or any other person to be afforded an opportunity to appear before the Ombudsman or any other person in connection with an investigation by the Ombudsman under this Part.
(7) The Ombudsman shall not make a report in respect of an investigation of a complaint or the actions of an AFP appointee under this Part in which he or she sets out opinions that are, either expressly or impliedly, critical of:
(a) the Australian Federal Police, a Department or a prescribed authority; or
(b) a person (including an AFP appointee);
unless, before completing the investigation, he or she has afforded:
(c) if the opinions relate to the Australian Federal Police or to an AFP appointee—the Commissioner and the appointee principally concerned in the complaint or whose actions are the subject of the investigation;
(d) if the opinions relate to a Department or a prescribed authority—the principal officer of the Department or authority and the officer of that Department or authority principally concerned in the complaint or whose actions are the subject of the investigation; or
(e) if the opinions relate to a person—that person;
opportunities, or an opportunity, to appear before him or her, or before an authorized person, and to make such submissions, either orally or in writing, in relation to the complaint, as the persons or person to whom the opportunities or opportunity are or is given think or thinks fit.
(8) Where the Ombudsman affords the Commissioner, or the principal officer of a Department or of a prescribed authority, an opportunity to appear before him or her or before an authorized person, under subsection (7), the Commissioner or principal officer may appear before the Ombudsman or before the authorized person in person or a person authorized by the Commissioner or principal officer, as the case may be, may appear before the Ombudsman or before the authorized person on behalf of the Commissioner or principal officer.
(9) Where the Ombudsman affords a person other than the Commissioner, or the principal officer of a Department or prescribed authority, an opportunity to appear before him or her, or before an authorized person, under subsection (7), the person may, with the approval of the Ombudsman or of the authorized person, as the case may be, be represented by another person.
(9A) Where, in relation to an investigation of a complaint or the actions of an AFP appointee under this Part, the Ombudsman proposes to afford a person an opportunity to appear before him or her or before an authorized person and to make submissions under subsection (7), or proposes to make a requirement of a person under section 27:
(a) if the complaint was made orally and the complaint has not been reduced to writing—the complaint shall be reduced to writing accordingly; and
(b) the Ombudsman shall, if he or she has not previously informed the responsible Minister that the complaint is being investigated or the actions of the appointee are being investigated, inform that Minister accordingly.
(10) The Ombudsman may, either before or after the completion of an investigation under this Part, discuss any matter that is relevant to the investigation with a Minister concerned with the matter.
(11) On the request of the responsible Minister, the Ombudsman shall consult the responsible Minister before he or she forms a final opinion on any of the matters referred to in subsection 31(1) or (2) that are relevant to the action under investigation.
(12) Where the Ombudsman becomes of the opinion, either before or after completing an investigation under this Part, that there is evidence that any action taken by the Commissioner or by a Deputy Commissioner was contrary to law or otherwise improper and that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so, the Ombudsman shall bring the evidence to the notice of the Minister.
(13) Where the Ombudsman becomes of the opinion, either before or after completing an investigation under this Part, that there is evidence that an AFP appointee other than the Commissioner or a Deputy Commissioner has been guilty of an offence or a breach of discipline and that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so, the Ombudsman shall bring the evidence to the notice of the Commissioner.
(1) The Commonwealth Ombudsman may, if he or she thinks fit, make an arrangement with the Ombudsman of a State, or the Ombudsmen of 2 or more States, for and in relation to the investigation by any one or more of the Ombudsmen of action referred to in any of the following paragraphs:
(a) action taken by an AFP appointee or by the Australian Federal Police and action taken:
(i) by a member of the police force of a State;
(ii) by the police force of a State; or
(iii) by a Department of a State or by an authority of a State;
(b) action taken by a body established jointly or administered jointly by the Commonwealth and one or more States, being a body that includes at least one AFP appointee and a member or members of the police force of a State or the police forces of 2 or more States;
(c) action taken by a body referred to in paragraph (b) and action taken:
(i) by an AFP appointee or by the Australian Federal Police;
(ii) by a member of the police force of a State;
(iii) by the police force of a State; or
(iv) by a Department of a State or by an authority of a State.
(2) An arrangement made in pursuance of subsection (1) may relate to particular action or actions, to a series of related actions or to actions included in a class or classes of actions.
(3) The Commonwealth Ombudsman may arrange with the other Ombudsman or Ombudsmen with whom an arrangement is in force under this section for the variation or revocation of the arrangement.
(4) An arrangement under this section, or the variation or revocation of such an arrangement, shall be in writing.
(5) The regulations may make provision for and in relation to the participation by the Ombudsman in the carrying out of an investigation in pursuance of an arrangement under this section.
(6) Nothing in this section affects the powers and duties of the Ombudsman under any other provision of this Part.
(7) Subsection (1) shall not be taken to empower the Ombudsman:
(a) to exercise any of the powers of the Ombudsman of a State except in accordance with subsection 34(7) of the
Ombudsman Act 1976 ; or(b) to make an arrangement for the exercise by the Ombudsman of a State of a power of the Ombudsman except in accordance with an instrument of delegation referred to in subsection 40(1) of this Act.
(1) This section applies to an investigation of a complaint in pursuance of subparagraph 36(1)(a)(ii) or (2)(a)(i) or section 46.
(2) Nothing in this section shall be taken to limit the power of the Ombudsman to take, either before or after completing an investigation to which this section applies, any action that he or she would, in all the circumstances, be authorized to take under any other section contained in this Part and that appears to him or her to be appropriate.
(3) On completing an investigation the Ombudsman may, if he or she thinks it appropriate to do so, when giving particulars of the results of his or her investigation to the Commissioner under subsection 34(1):
(a) recommend to the Commissioner that an AFP appointee be:
(i) charged with an offence or a breach of discipline; or
(ii) offered a caution or admonition for a breach of discipline;
that the Ombudsman thinks the appointee committed; or
(b) forward to the Minister a request that the Minister cause an inquiry under section 50 to be held into the action that was the subject of the investigation; or
(c) notify the Commissioner, in writing, that the Ombudsman thinks an AFP appointee took action that the appointee should not have taken.
(3A) The Ombudsman may, in a notification under paragraph (3)(c), include any recommendation (other than a recommendation referred to in paragraph (3)(a) or (b)) that the Ombudsman thinks fit to make.
(3B) If the Ombudsman makes a recommendation under subsection (3A), the Ombudsman may also request the Commissioner to give to the Ombudsman, within a specified time, particulars of the action the Commissioner proposes to take as a result of the recommendation.
(4) Where the Ombudsman, in accordance with subsection (3), furnishes a report to the Commissioner of the results of an investigation, being an investigation conducted by the Ombudsman in pursuance of section 46, the Ombudsman shall at the time he or she furnishes that report to the Commissioner, furnish a copy of that report to the Minister, together with any comments relating to that report that he or she wishes to make.
(5) As soon as practicable after the Commissioner receives a report of an investigation to which this section applies from the Ombudsman under subsection (3), the Commissioner shall cause to be furnished to the AFP appointee, or each AFP appointee concerned, in such manner as the Commissioner thinks fit, particulars of the results of the investigation carried out by the Ombudsman, together with any comments the Commissioner wishes to make concerning the investigation.
(6) The Commissioner may give to the Ombudsman comments about a notification given to him or her under paragraph (3)(c).
(7) Sections 32 and 33 apply to a recommendation made under subsection (3A) of this section in the same manner as they apply in the same way as a report to the Commissioner under section 31.
(8) On completion of an investigation the Ombudsman may, if he or she thinks fit, give to any Department, body or person comments or suggestions with respect to any matter relating to or arising out of the investigation.
(1) Where the Ombudsman has reason to believe that a person is capable of furnishing information or producing documents or other records relevant to an investigation under this Part, the Ombudsman may, by notice in writing served on the person, require that person, at such place, and within such period or on such date and at such time, as are specified in the notice:
(a) to furnish to the Ombudsman, by writing signed by that person or, in the case of a body corporate, by an officer of the body corporate, any such information; or
(b) to produce to the Ombudsman such documents or other records as are specified in the notice.
(2) Without limiting the application of subsection (1), the Commissioner shall, at the request, in writing, of the Ombudsman, cause any documents that are in the possession or under the control of the Investigation Division and that relate to the investigation by the Investigation Division of a complaint that is being investigated under this Part to be produced to the Ombudsman.
(3) Where documents or other records are produced to the Ombudsman in accordance with a requirement under subsection (1) or an order under subsection 28A(1), the Ombudsman:
(a) may take possession of, and may make copies of, or take extracts from, the documents or other records;
(b) may retain possession of the documents or other records for such period as is necessary for the purposes of the investigation to which the documents or other records relate; and
(c) during that period shall permit a person who would be entitled to inspect any one or more of the documents or other records if they were not in the possession of the Ombudsman to inspect at all reasonable times such of the documents or other records as that person would be so entitled to inspect.
(3A) Where the Ombudsman has reason to believe that a person is able to give information relevant to an investigation under this Part, the Ombudsman may, by notice in writing served on the person, require the person to attend before him or her, on such date and at such time and place as are specified in the notice, to answer questions relevant to the investigation.
(4) Where the Attorney‑General furnishes to the Ombudsman a certificate certifying that the disclosure to the Ombudsman of information concerning a specified matter (including the furnishing of information in answer to a question) or the disclosure to the Ombudsman of the contents of any documents or records would be contrary to the public interest:
(a) by reason that it would prejudice the security, defence or international relations of the Commonwealth;
(b) by reason that it would involve the disclosure of communications between a Minister and a Minister of a State, being a disclosure that would prejudice relations between the Commonwealth Government and the Government of the State;
(c) by reason that it would involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or
(d) by reason that it would involve the disclosure of deliberations or advice of the Executive Council;
the Ombudsman is not entitled to require a person to furnish any information concerning the matter, or to produce those documents or records to the Ombudsman.
(5) Notwithstanding the provisions of any enactment, a person is not excused from furnishing any information, producing a document or other record or answering a question when required to do so under this Part on the ground that:
(a) the furnishing of the information, the production of the document or record or the answering of the question:
(i) would contravene the provisions of any other enactment;
(ii) would be contrary to the public interest; or
(iii) might make him or her liable to a penalty;
(b) the information, the production of the document or record or the answer to the question might tend to incriminate him or her; or
(c) the information, the document or record or the answer would disclose legal advice furnished to a Minister, to a Department, to the Australian Federal Police or to a prescribed authority;
but the information, the production of the document or record or the answer to the question is not admissible in evidence against him or her in proceedings other than:
(d) an application under subsection 28A(1); or
(e) proceedings for an offence against section 44; or
(ea) a prosecution for an offence against section 137.1, 137.2 or 149.1 of the
Criminal Code that relates to this Act; or(f) proceedings in relation to a breach of discipline.
(6) A person is not liable to any penalty under the provisions of any other enactment by reason of his or her furnishing information, producing a document or other record or answering a question when required to do so under this Part.
(7) In this section, a reference to a State shall be construed as including a reference to the Northern Territory.
(8) The reference in subsection (1) to an officer, in relation to a body corporate, being a body corporate that is not a prescribed authority, includes a reference to a director, secretary, executive officer or employee of the body corporate.
(1) Where the Ombudsman or Investigation Division is investigating the taking of action under a power, whether conferred by an enactment or otherwise, the Ombudsman may refer a specified question about the taking of the action, or the exercise of the power, to the Administrative Appeals Tribunal if he or she thinks it appropriate.
(2) If the Ombudsman refers the question to the Tribunal, the Ombudsman must, as soon as practicable, give written notice of the referral to the Commissioner.
(3) The Tribunal may give an advisory opinion on the question.
(1) Where the Ombudsman or Investigation Division is investigating the taking of action under a power, whether conferred by an enactment or otherwise, the Ombudsman may recommend, in writing, to the Commissioner that the Commissioner refer a specified question about the taking of the action, or the exercise of the power, to the Administrative Appeals Tribunal for an advisory opinion.
(2) If the Ombudsman makes a recommendation, the Commissioner must refer the question to the Tribunal within 30 days, or such longer period as is agreed to by the Ombudsman and the Commissioner, after the day on which the Commissioner receives the recommendation.
(3) The Tribunal may give an advisory opinion on the question.
(4) This section does not limit the Ombudsman’s power under section 27A.
(1) Where a person fails to comply with a requirement made by the Ombudsman by notice under section 27 to furnish information, to produce documents or other records or to attend before the Ombudsman to answer questions in relation to an investigation under this Part, the Ombudsman may make an application to the Federal Court of Australia for an order directing that person to furnish the information, or to produce the documents or other records, at such place, and within such period or on such date and at such time, as are specified in the order, or to attend before the Ombudsman to answer questions at such place, and on such date and at such time, as are specified in the order, as the case may be.
(2) The Federal Court of Australia has jurisdiction with respect to matters arising under subsection (1) in respect of which applications are made to the Court.
(3) The Ombudsman shall not make an application to the Federal Court of Australia under subsection (1) unless he or she has informed the Minister in writing of the reasons for the proposed application.
The Ombudsman may administer an oath or affirmation to a person required to attend before him or her in pursuance of section 27 and may examine the person on oath or affirmation.
(1) For the purposes of an investigation under this Part, an authorized person may, at any reasonable time of the day, enter any place occupied by the Australian Federal Police, a Department or a prescribed authority and may carry on the investigation at that place.
(2) Subsection (1) does not authorize a person to enter, or carry on an investigation at:
(a) a place referred to in paragraph 80(c) of the
Crimes Act 1914 ;(b) a place that is a prohibited place for the purposes of the
Defence (Special Undertakings) Act 1952 by virtue of section 7 of that Act; or(c) an area of land or water, or an area of land and water, that is declared under section 14 of the
Defence (Special Undertakings) Act 1952 to be a restricted area for the purposes of that Act;unless the Minister administering that Act, or another Minister acting for and on behalf of that Minister, has approved his or her entering the place or area and he or she complies with any conditions imposed by the Minister giving the approval in relation to his or her entering that place or area and the manner in which his or her investigation is to be conducted at that place or area.
(3) Where the Attorney‑General is satisfied that the carrying on of an investigation at a place might prejudice the security or defence of the Commonwealth, the Attorney‑General may, by notice in writing delivered to the Ombudsman, declare the place to be a place to which this subsection applies and, while the declaration is in force, subsection (1) does not authorize a person to enter, or carry on an investigation at, the place unless a Minister specified in the declaration, or another Minister acting for and on behalf of that Minister, has approved his or her entering the place and he or she complies with any conditions imposed by the Minister giving the approval in relation to his or her entering the place and the manner in which his or her investigation is to be conducted at the place.
(4) For the purposes of an investigation under this Part, an authorized person is entitled to inspect any documents relevant to the investigation kept at premises entered by him or her under this section, other than documents in respect of which the Attorney‑General has furnished a certificate under subsection 27(4), at a reasonable time of the day arranged with the Commissioner or with the principal officer of the Department or prescribed authority, as the case requires.
(5) Subsection (4) shall not be taken to restrict the operation of section 27.
(6) A reference under this section to an authorized person includes a reference to the Ombudsman and a Deputy Ombudsman.
(1) Where, after an investigation of a complaint or the actions of an AFP appointee under this Part has been completed, the Ombudsman is of the opinion:
(a) that any action taken by an AFP appointee:
(i) appears to have been contrary to law;
(ii) was unreasonable, unjust, oppressive or improperly discriminatory;
(iii) was in accordance with a rule of law, a provision of an enactment or a practice, being a rule, provision or practice that is or may be unreasonable, unjust, oppressive or improperly discriminatory;
(iv) was based either wholly or partly on a mistake of law or of fact; or
(v) was otherwise, in all the circumstances, wrong;
(b) that, in the course of taking any action, an AFP appointee exercised a discretionary power for an improper purpose or on irrelevant grounds; or
(c) in a case where the action to which the complaint or the actions of an AFP appointee relates comprised or included a decision by an AFP appointee to exercise a discretionary power in a particular manner or to refuse to exercise such a power:
(i) that irrelevant considerations were taken into account, or that there was a failure to take relevant considerations into account, in the course of reaching the decision to exercise the power in that manner or to refuse to exercise the power, as the case may be; or
(ii) that the complainant in respect of the investigation or some other person should have been furnished, but was not furnished, with particulars of the reasons for deciding to exercise the power in that manner or to refuse to exercise the power, as the case may be;
this section applies to the decision, recommendation, act or omission constituting that action.
(2) Where the Ombudsman is of the opinion:
(a) that a decision, recommendation, act or omission to which this section applies should be referred to the Commissioner for further consideration;
(b) that some particular action could be, and should be, taken to rectify, mitigate or alter the effects of a decision, recommendation, act or omission to which this section applies;
(c) that a decision to which this section applies should be cancelled or varied;
(d) that a rule of law, provision of an enactment or practice on which a decision, recommendation, act or omission to which this section applies was based should be altered;
(e) that reasons should have been, but were not, given for a decision to which this section applies; or
(f) that any other thing should be done in relation to a decision, recommendation, act or omission to which this section applies;
(6) Subject to the following provisions of this section, the institution of an appeal to the Court from a decision of the Disciplinary Tribunal does not affect the operation of the decision or prevent the taking of action to implement the decision.
(7) Where an appeal is instituted in the Court from a decision of the Disciplinary Tribunal, the Court or a Judge of the Court may make such order or orders staying or otherwise affecting the operation or implementation of either or both of the following:
(a) the decision of the Tribunal or a part of that decision; and
(b) the decision to which the proceeding before the Tribunal related or a part of that decision;
as the Court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal.
(8) Where an order is in force under subsection (7) (including an order that has previously been varied on one or more occasions under this subsection), the Court or a Judge of the Court may make an order varying or revoking the first‑mentioned order.
(9) An order in force under subsection (7) (including an order that has previously been varied on one or more occasions under subsection (8)):
(a) is subject to such conditions as are specified in the order; and
(b) has effect until:
(i) where a period for the operation of the order is specified in the order—the expiration of that period or, if a decision is given on the appeal before the expiration of that period, the giving of the decision; or
(ii) where no period is so specified—the giving of a decision on the appeal.
(1) The Disciplinary Tribunal may, of its own motion or, if it thinks fit, on the application of a party to a proceeding before the Tribunal, refer a question of law arising in that proceeding for determination by the Court but, in the case of a proceeding before the Tribunal constituted by a member of the Tribunal other than the President or a Deputy President, a question shall not be so referred without the concurrence of the President.
(2) The Court has jurisdiction to hear and determine the question of law, and that jurisdiction shall be exercised by the Court constituted as a Full Court.
(3) Where a question of law arising in a proceeding before the Disciplinary Tribunal has been referred to the Court under subsection (1), the Tribunal shall not, in that proceeding:
(a) give a decision to which the question is relevant while the reference is pending; or
(b) proceed in a manner, or give a decision, that is inconsistent with the determination of the Court on the question.
(1) Where an appeal is instituted in the Court under section 79 or a question of law is referred to the Court under section 80:
(a) the Disciplinary Tribunal shall, notwithstanding any direction under section 74, cause to be sent to the Court all documents that were before the Tribunal in connection with the proceedings to which the appeal or reference relates; and
(b) at the conclusion of the appeal, the Court shall cause the documents to be returned to the Tribunal.
(2) If there is in force in respect of any of the documents a direction under section 74 restricting or prohibiting the disclosure of any matter contained in a document, the Court shall, subject to any order of the Court to the contrary, ensure that that matter is not disclosed to a person other than a member of the Court as constituted for the purposes of the appeal.
(1) A person served with a summons to appear as a witness before the Disciplinary Tribunal shall not:
(a) fail to attend as required by the summons; or
(b) fail to appear and report himself or herself from day to day unless excused, or released from further attendance, by the Tribunal.
Penalty: Imprisonment for 6 months.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code ).
(1) A person appearing as a witness before the Disciplinary Tribunal shall not refuse or fail:
(a) to be sworn or to make an affirmation;
(b) to answer a question that he or she is required to answer by the Tribunal; or
(c) to produce a document that he or she was required to produce by a summons under this Act served on him or her as prescribed.
Penalty: Imprisonment for 6 months.
(1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the
Criminal Code ).(2) A person appearing as a witness before the Disciplinary Tribunal shall not give evidence that is false or misleading.
Penalty: Imprisonment for 6 months.
(3) Subject to subsection (4), it is a reasonable excuse for such a person to refuse or fail to answer a question or to produce a document if the answer to the question, or the production of the document, may tend to prove that the person has committed an offence against a law or, in the case of an AFP appointee, that the appointee has been guilty of a breach of discipline.
(4) Where the Disciplinary Tribunal is inquiring into a matter into which the Tribunal has, under section 70, been directed to inquire, a person appearing before the Tribunal to give evidence or produce documents is not excused from answering a question or producing a document on the ground that the answer to the question, or the production of the document, may tend to prove that the person has committed an offence against a law or, in the case of an AFP appointee, that the appointee has been guilty of a breach of discipline.
(5) Evidence given by a person, or the production by a person of a document, upon an inquiry referred to in subsection (4) is not admissible against the person in any civil or criminal proceedings other than proceedings for an offence against this section or against section 35 or 36 of the
Crimes Act 1914 .
(1) Where a member who constitutes, or is to constitute, the Disciplinary Tribunal for the purposes of a proceeding has or acquires any interest, pecuniary or otherwise, that could conflict with the proper performance of his or her functions in relation to that proceeding:
(a) the person shall disclose the interest to the parties to the proceeding; and
(b) except with the consent of all the parties to the proceeding, the person shall not take part in the proceeding.
(2) Where the President of the Disciplinary Tribunal becomes aware that a member who constitutes, or is to constitute, the Tribunal for the purposes of a proceeding has, in relation to that proceeding, such an interest as is mentioned in subsection (1):
(a) if the President considers that the member should not take part, or should not continue to take part, in the proceeding—the President shall give a direction to the member accordingly; or
(b) in any other case—the President shall cause the interest of the member to be disclosed to the parties to the proceeding.
(3) In this section a reference to a party to a proceeding, being an inquiry conducted by the Disciplinary Tribunal in pursuance of section 70, shall be construed as a reference to a person permitted by the Tribunal under subsection 75(5) to appear or be represented before the Tribunal in the inquiry.
A person shall not:
(a) insult or disturb a member of the Disciplinary Tribunal in the exercise of his or her powers or functions as a member;
(b) interrupt the proceedings of the Tribunal;
(c) create a disturbance in or near a place where the Tribunal is sitting; or
(d) do any other act or thing that would, if the Tribunal were a court of record, constitute a contempt of that court.
Penalty: Imprisonment for 6 months.
(1) The President shall, as soon as practicable after 30 June in each year, submit to the Minister a report of the operations of the Disciplinary Tribunal during that year.
(2) The Minister shall cause the report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.
(3) The first report under this section shall be submitted as soon as practicable after 30 June first occurring after the date of commencement of this Act and shall relate to the operations of the Disciplinary Tribunal during the period that commenced on that date and ended on that 30 June.
(1) Each of the following persons is a person to whom this section applies:
(a) an AFP appointee;
(b) a person who is conducting an investigation on behalf of the Investigation Division in pursuance of an authority given under section 8;
(c) a person who is conducting an investigation in accordance with arrangements made by the Commissioner under section 46;
(d) a person who is conducting an inquiry in accordance with arrangements made by the Minister under section 50.
(2) Subject to this section, a person who is, or has been, a person to whom this section applies, shall not, either directly or indirectly, and either while he or she is, or after he or she has ceased to be, a person to whom this section applies, except in the performance of his or her duties or with the consent, in writing, of the appropriate person, make a record of, or divulge or communicate, prescribed information acquired at any time by the person because he or she is, or has been, a person to whom this section applies.
Penalty: 30 penalty units.
(3) Subsection (2) does not:
(a) prevent a person who is, or has been, a person to whom this section applies from disclosing, in a report under this Act, such matters as, in his or her opinion, ought to be disclosed in the course of setting out the grounds for the conclusions contained in the report; or
(b) prevent a person from producing a record referred to in subsection (2) or giving information so referred to in evidence before a court, the Disciplinary Tribunal or a person who is authorized to hear and determine proceedings instituted against an AFP appointee in respect of a breach of discipline.
(3A) Subsection (2) does not prevent the Commissioner from disclosing information, or making a statement, to any person or to the public or a section of the public with respect to the performance of the functions of, or an investigation or inquiry by, the Investigation Division if, in the opinion of the Commissioner, it is in the interests of the Australian Federal Police or of any person, or is otherwise in the public interest, to do so, having regard to whether the disclosure of that information, or the making of that statement would, or could reasonably be expected to:
(a) prejudice the fair trial of a person or the impartial adjudication of a particular matter;
(b) reveal, or enable a person to ascertain, the existence or identity of a confidential source of information or the identity of a complainant;
(c) constitute an unwarranted invasion of the privacy of any person; or
(d) endanger the physical safety of any person.
(4) Subsection (2) does not prevent an AFP appointee from making a communication for the purposes of, or in connection with, the making of a complaint to the Ombudsman or to the Commissioner in respect of action taken by a member of the Investigation Division or by an AFP appointee or other person authorized under section 8 to make an investigation on behalf of that Division, in the course of, or for the purposes of, an investigation by that Division.
(5) For the purposes of this section:
(a) the Ombudsman is the appropriate person in the case of a person who is conducting, or has conducted, an investigation in accordance with arrangements made by the Commissioner under section 46 and is or was required, under section 48, to report to the Ombudsman in relation to the investigation;
(b) the Minister is the appropriate person in the case of a person who is conducting, or has conducted, an inquiry in accordance with arrangements made under section 50; and
(c) the Commissioner is the appropriate person in the case of any other person to whom this section applies.
(6) In this section, a reference to the duties of a person to whom this section applies shall be construed as a reference to the duties of the position or appointment by virtue of the holding of which the person is or was a person to whom this section applies.
(7) In subsection (2),
prescribed information means information supplied to or obtained by the Australian Federal Police in the course of, or for the purposes of, the investigation of a complaint, or the holding of an inquiry, concerning action taken by an AFP appointee.
An AFP appointee who is requested by a person to furnish to the person his or her name or the address of his or her place of duty, or both, and is informed by the person, either expressly or by necessary implication, that the person is complaining, or proposes to complain, concerning action taken by that appointee:
(a) shall not refuse or fail to comply with the request;
(b) shall not furnish to the person a false name; and
(c) shall not furnish to the person as the address of his or her place of duty an address other than the full and correct address of his or her ordinary place of duty.
Penalty: 5 penalty units.
A person must not cause, or threaten to cause, detriment to another person (
the victim ) on the ground that the victim, or any other person:
(a) has made or might make a complaint under this Act; or
(b) has given or might give a document or other information to a person under this Act.
Penalty: Imprisonment for 6 months.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, prescribing penalties not exceeding a fine of 5 penalty units for offences against the regulations.
The
All
relevant information pertaining to application, saving or transitional
provisions prior to 17 April
1997 is not included in this compilation. For subsequent information
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
21, 1981 | 9 Apr 1981 | 1 May 1982 ( | ||
62, 1983 | 12 Oct 1983 | Part IV (ss. 30, 31): 5 Dec 1983 (
Remainder: 12 Oct 1983
( | — | |
72, 1984 | 25 June 1984 | S. 3: 23
July 1984 | S. 5(1) | |
165, 1984 | 25 Oct 1984 | S. 3: | Ss. 2(32) and 6(1) | |
122, 1985 | 28 Oct 1985 | 28 Oct 1985 | S. 15 | |
168, 1986 | 18 Dec 1986 | S. 3: Royal Assent | S. 5(1) | |
141, 1987 | 18 Dec 1987 | S. 3: Royal Assent | S. 5(1) | |
153, 1989 | 17 Dec 1989 | Ss. 1, 2 and Part 3 (ss. 61, 62): Royal Assent S. 11: 1 July 1991 Ss. 38 and 71: 1 Jan 1991
Remainder: 1 Jan 1990
( | — | |
| ||||
| 28, 1991 | 4 Mar 1991 | ( | — |
11, 1990 | 17 Jan 1990 | Parts 1 and 3 (ss. 1, 2, 6, 7): Royal Assent Ss. 8–10: 17 July 1990
Ss. 12, 13, 51(1)(b) and 51(2): 17 Jan 1990 ( Remainder: 14 Feb 1990 | — | |
28, 1991 | 4 Mar 1991 | S. 74(1): Royal Assent | — | |
199, 1991 | 18 Dec 1991 | 18 Dec 1991 | — | |
143, 1992 | 7 Dec 1992 | 7 Dec 1992 | S. 2(2) and (3) | |
166, 1994 | 16 Dec 1994 | 13 Jan 1995 | S. 20 | |
| ||||
| 43, 1996 | 25 Oct 1996 | Schedule 3 (item 9): 16 Dec 1994 | — |
| 9, 2006 | 23 Mar 2006 | Schedule 2 (item 9): | — |
43, 1996 | 25 Oct 1996 | Schedule 2 (items 32, 33):
Schedule 4 (item 53) and Schedule 5 (items 42, 43): Royal Assent | — | |
34, 1997 | 17 Apr 1997 | Schedule 3: Royal Assent | Sch. 3 (item 3) [ | |
146, 1999 | 11 Nov 1999 | Schedule 1 (items 331, 332): 5 Dec 1999 ( | — | |
9, 2000 | 7 Mar 2000 | 2 July 2000 ( | Sch. 3 (items 20, 22,
34, 35) [ | |
137, 2000 | 24 Nov 2000 | Ss. 1–3 and Schedule 1 (items 1, 4, 6, 7, 9–11, 32): Royal Assent Remainder: 24 May 2001 | Sch. 2 (items 418, 419) [ | |
24, 2001 | 6 Apr 2001 | S. 4(1), (2) and Schedule 8: | S. 4(1) and (2) [ | |
64, 2004 | 22 June 2004 | Schedule 2 (item 4): 1 July 2004 | — | |
141, 2005 | 12 Dec 2005 | Schedule 2 (item 1): Royal Assent | — |
(a) TheComplaints (Australian Federal Police) Act 1981 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 1) 1984 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(b) TheComplaints (Australian Federal Police) Act 1981 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 2) 1984 , subsection 2(8) of which provides as follows:
(8) The amendments of the
Complaints (Australian Federal Police) Act 1981 made by this Act shall be deemed to have come into operation on 1 January 1984.
(c) TheComplaints (Australian Federal Police) Act 1981 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 2) 1986 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(d) TheComplaints (Australian Federal Police) Act 1981 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act 1987 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(e) TheComplaints (Australian Federal Police) Act 1981 was amended by subsection 74(1) only of theCrimes Legislation Amendment Act 1991 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(f) TheComplaints (Australian Federal Police) Amendment Act 1994 was amended by Schedule 3 (item 9) only of theStatute Law Revision Act 1996 , subsection 2(3) of which provides as follows:
(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.
(g) Subsection 2(1) (item 26) of theStatute Law Revision Act 2006 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Schedule 2, item 9 | Immediately
after the time specified in the | 13 January 1995 |
(h) TheComplaints (Australian Federal Police) Act 1981 was amended by Schedule 2 (items 32 and 33), Schedule 4 (item 53) and Schedule 5 (items 42, 43) only of theStatute Law Revision Act 1996 , subsections 2(1) and (2) of which provide as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.
Items 32 and 33 are taken to have commenced immediately after the commencement of Schedule 2 to the
Complaints (Australian Federal Police) Amendment Act 1994 .The
Complaints (Australian Federal Police) Amendment Act 1994 came into operation on 13 January 1995.
(i) The Complaints (Australian Federal Police) Act 1981 was amended by Schedule 3 only of the Law and Justice Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(j) TheComplaints (Australian Federal Police) Act 1981 was amended by Schedule 1 (items 331 and 332) only of thePublic Employment (Consequential and Transitional) Amendment Act 1999 , subsections 2(1) and (2) of which provide as follows:
(1) In this Act,
commencing time means the time when thePublic Service Act 1999 commences.(2) Subject to this section, this Act commences at the commencing time.
(k) TheComplaints (Australian Federal Police) Act 1981 was amended by Schedule 8 only of theLaw and Justice Legislation Amendment (Application of Criminal Code) Act 2001 , subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Item 15 commenced on 24 May 2001.
| |
Provision affected | How affected |
S. 3......................................... |
|
S. 4......................................... | am. No. 62, 1983 |
rs. No. 166, 1994 | |
S. 5......................................... | am. No. 62, 1983; No. 141, 1987; No. 166, 1994 |
S. 5A...................................... | ad. No. 62, 1983 |
S. 5B...................................... | ad. No. 24, 2001 |
S. 6......................................... | am. No. 141, 1987; No. 166, 1994; No. 9, 2000 |
S. 6A...................................... | ad. No. 141, 1987 |
am. No. 166, 1994 | |
S. 6B...................................... | ad. No. 141, 1987 |
am. No. 166, 1994; No. 9, 2000 | |
S. 7......................................... |
|
S. 8......................................... | rs. No. 166, 1994 |
S. 9......................................... | am. No. 62, 1983; No. 166, 1994 |
S. 10....................................... | am. No. 141, 1987; No. 166, 1994 |
S. 11....................................... | am. No. 141, 1987; No. 11, 1990; No. 166, 1994 |
S. 11A.................................... | ad. No. 122, 1985 |
am. No. 141, 1987 | |
Ss. 12, 13............................... | am. No. 141, 1987 |
rs. No. 11, 1990 | |
am. No. 166, 1994 | |
Ss. 14–16............................... | am. No. 166, 1994 |
S. 17....................................... | am. No. 166, 1994; No. 43, 1996 |
S. 18....................................... | am. No. 166, 1994 |
S. 19....................................... | am. No. 122, 1985 |
rep. No. 141, 1987 | |
ad. No. 166, 1994 | |
S. 20....................................... | am. No. 166, 1994 |
S. 21....................................... |
|
S. 21A.................................... | ad. No. 166, 1994 |
S. 22....................................... |
|
S. 23....................................... | am. No. 199, 1991; No. 166, 1994 |
S. 24....................................... |
|
S. 24A.................................... | ad. No. 62, 1983 |
am. No. 199, 1991; No. 166, 1994 | |
S. 25....................................... | am. No. 62, 1983; No. 199, 1991; No. 166, 1994 |
S. 25A.................................... | ad. No. 62, 1983 |
| |
S. 26....................................... |
|
S. 27....................................... |
|
S. 27A.................................... | ad. No. 199, 1991 |
S. 28....................................... | am. No. 62, 1983 |
rs. No. 199, 1991 | |
S. 28A.................................... | ad. No. 62, 1983 |
am. No. 199, 1991 | |
Ss. 29, 30............................... | am. No. 199, 1991 |
S. 31....................................... |
|
Ss. 32, 33............................... | am. No. 199, 1991 |
S. 34....................................... |
|
S. 35....................................... | am. No. 199, 1991 |
S. 36....................................... |
|
S. 37....................................... |
|
S. 38....................................... | am. No. 199, 1991; No. 166, 1994; No. 141, 2005 |
S. 38A.................................... | ad. No. 166, 1994 |
S. 39....................................... | am. No. 62, 1983; No. 199, 1991 |
S. 40....................................... |
|
S. 41....................................... |
|
S. 41A.................................... | ad. No. 62, 1983 |
am. No. 166, 1994 | |
S. 42....................................... | rep. No. 141, 1987 |
S. 43....................................... | am. No. 199, 1991; No. 166, 1994 |
S. 44....................................... |
|
S. 45....................................... | am. No. 62, 1983 |
Ss. 46–48............................... | am. No. 166, 1994 |
S. 49....................................... | am. No. 141, 1987; No. 11, 1990; No. 166, 1994 |
S. 50....................................... | am. No. 166, 1994; No. 34, 1997; No. 24, 2001 |
S. 51....................................... | am. No. 166, 1994 |
S. 52....................................... | am. No. 141, 1987; No. 11, 1990; No. 166, 1994 |
Part VA .................................. | ad. No. 166, 1994 |
S. 52A.................................... | ad. No. 166, 1994 |
S. 52B.................................... | ad. No. 166, 1994 |
am. No. 9, 2000 | |
Ss. 52C–52E.......................... | ad. No. 166, 1994 |
S. 53....................................... | am. No. 166, 1994; No. 9, 2000 |
Ss. 54–57............................... | am. No. 166, 1994 |
S. 59....................................... | am. No. 166, 1994; No. 43, 1996; No. 34, 1997 |
S. 60....................................... | am. No. 166, 1994 |
S. 61....................................... | am. No. 166, 1994; No. 43, 1996 |
S. 62....................................... | am. No. 166, 1994 |
S. 63....................................... | rs. No. 166, 1994 |
S. 64....................................... | am. No. 146, 1999 |
S. 65....................................... | am. No. 166, 1994 |
S. 66A.................................... | ad. No. 141, 1987 |
am. No. 166, 1994 | |
S. 66B.................................... | ad. No. 11, 1990 |
am. No. 166, 1994 | |
S. 67....................................... |
|
S. 68....................................... | am. No. 122, 1985; No. 166, 1994 |
S. 69....................................... | am. No. 122, 1985; No. 153, 1989; No. 166, 1994 |
S. 70....................................... | am. No. 166, 1994 |
S. 71....................................... | am. No. 122, 1985; No. 141, 1987; No. 166, 1994 |
S. 73....................................... | am. No. 166, 1994 |
S. 74....................................... | am. No. 166, 1994; No. 34, 1997 |
S. 75....................................... | am. No. 153, 1989; No. 166, 1994; No. 43, 1996 |
S. 76....................................... | am. No. 141, 1987 |
S. 77....................................... | am. No. 166, 1994 |
S. 79....................................... | am. No. 122, 1985; No. 153, 1989 |
S. 82....................................... |
|
S. 83....................................... | am. No. 166, 1994; No. 34, 1997; No. 24, 2001 |
S. 84....................................... | am. No. 166, 1994 |
S. 85....................................... | am. No. 166, 1994; No. 34, 1997 |
S. 86....................................... | am. No. 166, 1994 |
S. 87....................................... | am. No. 72, 1984; No. 153, 1989; No. 166, 1994 |
S. 88....................................... | am. No. 166, 1994 |
S. 88A.................................... | ad. No. 166, 1994 |
S. 89....................................... | am. No. 166, 1994 |
Law and Justice Legislation Amendment Act 1997 (No. 34, 1997)
Any determination of, or regulation prescribing, remuneration that, immediately before the commencement of item 2, was in force for the purposes of the subsection repealed by that item continues in force as if it had been made for the purposes of the subsection substituted by that item.
Australian Federal Police Legislation Amendment Act 2000 (No. 9, 2000)
In this Part:
commencing time means the time when this Part commences.
22
Amendments of the Complaints (Australian Federal Police) Act 1981 The amendments of the
Complaints (Australian Federal Police) Act 1981 made by Schedule 2 to this Act apply to action taken by an AFP appointee (within the meaning of theComplaints (Australian Federal Police) Act 1981 as in force at and after the commencing time) at or after the commencing time.
34
Warrants or writs etc. may continue to be executed If, immediately before the commencing time, any warrant, writ, order, permission or other instrument (the
authority ) issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:
(a) the Commissioner of the Australian Federal Police; or
(b) a Deputy Commissioner of the Australian Federal Police; or
(c) an AFP employee; or
(d) a special member of the Australian Federal Police;
(all within the meaning of the
Australian Federal Police Act 1979 as in force at and after the commencing time).Note: A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member. See item 2 of this Schedule.
35
Regulations dealing with matters of a transitional or saving nature (1) The Governor‑General may make regulations, not inconsistent with any other provision of this Schedule, prescribing matters of a transitional or saving nature in relation to the amendments made by Schedule 1 or 2.
(2) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the
Acts Interpretation Act 1901 .
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first‑mentioned provision is amended by this Schedule;
the amendment of the first‑mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
(1) Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment
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