Australian Federal Police Amendment Regulations 2001 (No. 1)

Overview

The Australian Federal Police Amendment Regulations 2001 (No. 1) were enacted to amend the Australian Federal Police Regulations 1979 by removing an allowance no longer required for the Commissioner. This regulatory change was made under the authority of the Minister for Justice and Customs and was issued pursuant to section 70 of the Australian Federal Police Act 1979, which empowers the Governor-General to make regulations for carrying out or giving effect to the Act. The policy objective behind these amendments is to streamline the allowances paid to the Commissioner, ensuring that only necessary and relevant allowances are retained. Specifically, the regulation omits the displacement allowance previously paid to compensate for career disruption and change of employment location, which is no longer applicable since the new Commissioner will not experience such displacement. The Regulations took effect immediately upon gazettal.

Scope and Application

The Australian Federal Police Amendment Regulations 2001 (No. 1) pertain to the Australian Federal Police Act 1979 and involve specific modifications to the Australian Federal Police Regulations 1979. These regulations are designed to address the allowances prescribed for the Commissioner of the Australian Federal Police, reflecting the current requirements and circumstances of the office. The Act applies directly to the Commissioner of the Australian Federal Police, a public official responsible for overseeing the operations of the Australian Federal Police, an entity responsible for providing federal policing services across Australia. The regulations serve to adjust the financial compensation of the Commissioner in accordance with the legislative framework provided by the Australian Federal Police Act 1979. These regulations have a national jurisdictional reach, impacting the federal policing landscape in Australia. The amendment removes a specific allowance that was previously deemed necessary to compensate for career disruption and change in employment location, which is no longer applicable. The changes are limited to the specific allowances prescribed and do not extend to other areas of the Commissioner’s remuneration or the broader functions of the Australian Federal Police. The regulations commence upon their gazettal, immediately taking effect and altering the financial entitlements as specified.

Key Provisions

The Australian Federal Police Amendment Regulations 2001 (No. 1) make specific changes to the Australian Federal Police Regulations 1979, which were made under the Australian Federal Police Act 1979. These regulations are focused on the allowances prescribed to the Commissioner of the Australian Federal Police. Specifically, Regulation 7, which previously prescribed a displacement allowance of $13,500 per annum to be paid to the Commissioner, has been omitted from the Principal Regulations (Section 70). This amendment is necessary because the new Commissioner, Mr. Michael Keelty, who was appointed on 22 March 2001, is not being displaced in terms of career continuity or locality, making the allowance unnecessary. The Act imposes certain obligations on the parties involved, particularly focusing on the allowances to be paid to the Commissioner. Under the Australian Federal Police Act 1979, the Governor-General has the authority to make regulations for various matters required or permitted by the Act, including those related to the Commissioner's allowances (Section 70). The Commissioner's allowances are also prescribed under subsection 20(2) of the Act. The Regulations, by omitting the displacement allowance, ensure that the Commissioner's compensation aligns with their current employment circumstances, reflecting accurately the nature of their appointment and role. The omission of the displacement allowance in these regulations is a clear step towards ensuring that the Commissioner is compensated in a manner that appropriately reflects their employment situation. By not continuing to pay an allowance that is no longer relevant, the regulations maintain the integrity and purpose of the Commissioner's compensation package. Failure to comply with these regulations could potentially lead to legal consequences, though the specific penalties are not detailed within the text. The regulations are designed to streamline and rationalise the allowances, ensuring they are fair and relevant to the current roles and responsibilities of the Commissioner.