Australian Federal Police Amendment Act 1980

Legislation au C2004A02270 Not in force Act

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Australian Federal Police Amendment Act 1980

No. 69 of 1980

 

An Act to amend the Australian Federal Police Act 1979

[Assented to 28 May 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Australian Federal Police Amendment Act 1980.

(2) The Australian Federal Police Act 1979 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. After section 26 of the Principal Act the following section is inserted:

Appointment of former narcotics officers to be members

“26a. (1) Where an officer of the Australian Public Service who was transferred on 7 November 1979 to an office in the Department of Administrative Services held, immediately before his transfer, an office in the Narcotics Enforcement Branch of the Operations Division in the Department of Business and Consumer Affairs, this section applies to the officer.

“(2) Notwithstanding anything in sections 25 and 73, an officer to whom this section applies may be appointed, by Commission under section 25, to be a commissioned officer in the component of the Australian Federal Police referred to in sub-section 7 (1) and to hold such rank as he is, in the opinion of the Commissioner, qualified to hold having regard to his duties immediately before his appointment and to his qualifications and aptitude for the discharge of duties of a kind performed by members engaged in investigating narcotics offences and of other duties of a kind performed by members of the component so referred to.


“(3) Notwithstanding anything in sections 26 and 73, an officer to whom this section applies may be appointed, by instrument in writing under section 26, to be a non-commissioned officer in the component of the Australian Federal Police referred to in sub-section 7(1) and to hold such rank as he is, in the opinion of the Commissioner, qualified to hold having regard to his duties immediately before his appointment and to his qualifications and aptitude for the discharge of duties of a kind performed by members engaged in investigating narcotics offences and of other duties of a kind performed by members of the component so referred to.

“(4) Where an officer to whom this section applies is appointed to be a member—

(a) it shall be presumed, unless the contrary is established, that, in making the appointment, the Commissioner has had regard to all matters to which he is, under sub-section (2) or (3), as the case requires, required to have regard; and

(b) the officer shall be deemed, for all purposes of this Act and the regulations, to be competent and qualified to hold the rank to which he is appointed.

“(5) Where an officer to whom this section applies is appointed to be a member, the terms and conditions of his service in the Australian Federal Police shall, until a determination under section 30 or an agreement having effect under section 31 otherwise provides, be deemed to be the terms and conditions of service that were, immediately before his appointment, applicable to him as an officer of the Australian Public Service.”.

Proof of appointment, &c.

4. Section 68 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) The Commissioner may, by writing signed by him, certify that a specified person has been appointed under a specified provision of this Act and may, in addition, certify all or any of the following with respect to that person, that is to say:

(a) that, immediately after his appointment, he entered into the undertaking referred to in sub-section 28(1);

(b) that, on a specified date, he made and subscribed the oath or affirmation, as the case may be, specified or referred to in the certificate before a specified person and that the person so specified was, when the oath or affirmation was made and subscribed before him, a person authorized by the Minister, or by the Commissioner, as the case may be, for the purposes of section 28;

(c) that he is, on the date on which the certificate is signed, a member of the Australian Federal Police and has been such a member continuously since he was so appointed;

(d) that he was a member of the Australian Federal Police on a specified date or during a specified period;(e) that he holds a specified rank in a specified component;

(f) that he held a specified rank in a specified component on a specified date or during a specified period;

(g) that he is acting in a specified rank in a specified component;

(h) that he was acting in a specified rank in a specified component on a specified date or during a specified period.”.

 

 

Overview

The Australian Federal Police Amendment Act 1980 was enacted to amend the Australian Federal Police Act 1979. This Act was introduced to address the need for continuity and competence in the Australian Federal Police's (AFP) operations, particularly with respect to narcotics enforcement. Enacted by the Parliament of Australia, the policy objective of this Act was to ensure that officers who were transferred from the Narcotics Enforcement Branch of the Department of Business and Consumer Affairs to the Australian Federal Police were appropriately appointed and recognised for their previous experience and qualifications in narcotics investigations. By allowing these former officers to be appointed as commissioned or non-commissioned officers within the AFP, the Act aimed to maintain operational effectiveness and institutional knowledge in the fight against narcotics offences.

Scope and Application

The Australian Federal Police Amendment Act 1980 applies to officers of the Australian Public Service who were transferred to the Department of Administrative Services on 7 November 1979 and who held positions in the Narcotics Enforcement Branch of the Operations Division in the Department of Business and Consumer Affairs immediately prior to their transfer. This Act provides for the appointment of these officers as commissioned or non-commissioned officers within the Australian Federal Police, specifically in the component referred to in section 7(1) of the Australian Federal Police Act 1979. The Act allows for these appointments to be made based on the officer's previous duties, qualifications, and aptitude for investigating narcotics offences and other duties relevant to the component in question. The Act's jurisdiction is federal, applying across the Commonwealth of Australia. The Act does not specify any exclusions or exemptions, and its provisions are direct without reliance on subordinate instruments for extension or restriction of application.

Key Provisions

The Australian Federal Police Amendment Act 1980 (Act) introduces specific provisions regarding the appointment of former narcotics officers into the Australian Federal Police (AFP) (section 26a). This section applies to officers of the Australian Public Service who were transferred to the Department of Administrative Services on 7 November 1979, and who previously held office in the Narcotics Enforcement Branch of the Operations Division in the Department of Business and Consumer Affairs. These officers may be appointed to the AFP as either commissioned or non-commissioned officers, depending on their qualifications and aptitude for investigating narcotics offences and performing related duties. The appointment process is subject to the opinion of the Commissioner, who must consider the officer's previous duties and suitability for the role. The Act imposes certain obligations and requirements on the AFP and the officers in question. When appointing an officer under section 26a, the Commissioner must presume that they have considered all relevant factors unless proven otherwise (subsection 26a(4)(a)). Additionally, the officer is deemed competent and qualified for their appointed rank for all purposes under the Act and its regulations. The terms and conditions of the officer's service within the AFP will initially remain those that applied to them in the Australian Public Service, unless otherwise determined by the Commissioner or agreed upon in a written agreement (subsection 26a(5)). Section 68 of the Principal Act is amended to provide the Commissioner with the authority to certify various aspects of an officer's appointment, including their entry into the required undertaking, the oath or affirmation made and subscribed, their membership status, and their rank within the AFP (subsection 68(1)). This certification process ensures that the officer's appointment and related details are formally recognised and documented. The Act does not explicitly outline specific offences, penalties, or consequences for breaches of its provisions. However, the implications of non-compliance with the outlined requirements could potentially lead to administrative or disciplinary actions within the AFP, as well as any broader legal consequences under the Australian Federal Police Act 1979 or other relevant legislation. The precise nature and extent of such consequences would depend on the specific circumstances of any alleged breach.

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Corporate Law & Governance
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Licensing & Registration

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.