Australian Federal Police Amendment Regulation 2012 (No. 1)

Overview

The Australian Federal Police Amendment Regulation 2012 (No. 1) was enacted to address the redundancy of certain provisions within the Australian Federal Police Regulations 1979, as identified in a 2010 review by the Department of Finance and Deregulation. This review aimed to streamline and improve the efficiency of Commonwealth subordinate legislation, particularly those that impose costs on business. Specifically, the regulation seeks to repeal regulations 25 to 27, which pertain to the operational use of listening devices and were rendered obsolete following the repeal of sections 12C and 12G of the Australian Federal Police Act 1979. The repeal of these regulations was supported by both the Australian Federal Police and the Australian Crime Commission, who confirmed that there were no operational reasons for retaining them. This legislative instrument, issued under the authority of the Minister for Justice, is compatible with human rights as recognised in relevant international instruments, aligning with the requirements of the Human Rights (Parliamentary Scrutiny) Act 2011. The regulation is set to commence the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Australian Federal Police Amendment Regulation 2012 (No. 1) serves to repeal outdated provisions within the Australian Federal Police Regulations 1979. This legislative instrument applies to entities governed by the Australian Federal Police Regulations and pertains specifically to the operational use of listening devices as outlined in regulations 25 to 27. These regulations, which were made under sections 12C and 12G of the Australian Federal Police Act 1979, have become redundant following the enactment of the Surveillance Devices Act 2004, which repealed the relevant sections of the Act. Both the Australian Federal Police and the Australian Crime Commission have been consulted and have confirmed that there are no operational reasons to retain these provisions, thus supporting their repeal. The repeal of these regulations is effective from the day after the regulation is registered on the Federal Register of Legislative Instruments, and it does not impose any additional exclusions or thresholds beyond the specified repeal of regulations 25 to 27. The regulation is a legislative instrument under the Legislative Instruments Act 2003, aligning with the broader objective of improving regulatory efficiency and removing redundant legislative burdens.

Key Provisions

The Australian Federal Police Amendment Regulation 2012 (No. 1) contains specific provisions that amend the Australian Federal Police Regulations 1979 by repealing certain sections. Notably, regulations 25 to 27, which pertain to the operational use of listening devices, are repealed under this legislation (Schedule 1). These regulations were previously governed under sections 12C and 12G of the Australian Federal Police Act 1979, which were themselves repealed with the enactment of the Surveillance Devices Act 2004. The repeal was recommended following a review conducted by the Department of Finance and Deregulation in 2010, which aimed to streamline regulations and eliminate those that imposed unnecessary burdens on business without serving operational purposes. Both the Australian Federal Police and the Australian Crime Commission supported the repeal of these regulations, as they no longer had any operational relevance. The repealed regulations, which previously required the Australian Federal Police to obtain authorisation for the use of listening devices, are no longer in force. This change reflects the shift in legislative focus towards the new framework established by the Surveillance Devices Act 2004, which now governs such activities. The repeal is intended to enhance regulatory efficiency and clarity by removing outdated provisions that are no longer applicable. The amendment ensures that the Australian Federal Police Regulations 1979 remain aligned with current legal standards and operational practices. The obligations imposed by this regulation are primarily on the Australian Federal Police, ensuring that they adhere to the updated legislative framework by no longer requiring authorisation under the repealed regulations for the use of listening devices. The repeal streamlines the regulatory environment, reducing unnecessary administrative burdens and ensuring that the Australian Federal Police operate under a more streamlined and efficient set of regulations. There are no specific offences, penalties, or civil/criminal consequences mentioned in the regulation itself, as the changes are administrative and procedural rather than punitive. However, any non-compliance with the new legislative framework, including the unauthorised use of listening devices, would be subject to the penalties and consequences outlined in the Surveillance Devices Act 2004 and other relevant legislation. The repeal ensures that the Australian Federal Police adhere to modern legal standards, maintaining operational efficiency and compliance with current law.