Australian Federal Police (Consequential Amendments) Act 1980

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Australian Federal Police (Consequential Amendments) Act 1980

No. 70 of 1980

 

An Act to amend certain Acts in connection with the enactment of 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

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

Commencement

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

Amendments of Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.

 


SCHEDULE Section 3

AMENDMENTS OF ACTS

Acts

Amendments

Atomic Energy Act 1953...............

Section 5—

(1) Insert “or special member” after “member” in paragraph (b) of the definition of “Commonwealth officer” in sub-section (1).

(2) Omit from the definition of “constable” in sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Australian National Railways Act 1917

Section 69—

Omit from sub-section (2) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or member”.

Section 71—

Omit from sub-section (2) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police, a member”.

Bankruptcy Act 1966..................

Section 5—

Omit from the definition of “constable” in sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Canberra Water Supply (Googong Dam) Act 1914

Section 23—

Insert “or special member” after “member” in paragraph (d).

Commonwealth Prisoners Act 1967........

Section 3—

Omit from the definition of “constable” in sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

(2) Omit from sub-section (2) “such a member”, substitute “such a member or special member”.

Consular Privileges and Immunities Act 1972

Section 5—

Omit from paragraph (c) of sub-section (2) “members of the Australian Federal Police”, substitute “member and special members of the Australian Federal Police”.

Continental Shelf (Living Natural Resources) Act 1968

Section 5—

Omit from paragraph (c) of the definition of “officer” in sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Courts-Martial Appeals Act 1955.........

Section 32—

Omit from sub-section (3) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Crimes Act 1914.....................

Section 3—

(1) Insert “or special member” after “member” in paragraph (b) of the definition of “Commonwealth officer”.

(2) Omit “member of the Australian Federal Police or” from the definition of “Constable”, substitute “member or special member of the Australian Federal Police or a member”.

Section 81 —

Insert “or special member” after “member” in paragraph (a) of sub-section (3).


SCHEDULE—continued

Acts

Amendments

Crimes (Biological Weapons) Act 1976

Section 9—

Omit from sub-section (4) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Crimes (Internationally Protected Persons) Act 1976

Section 11—

Omit from sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Defence Act 1903....................

Section 79—

Omit “member of the Australian Federal Police or” (wherever occurring), substitute “member or special member of the Australian Federal Police or member”.

Section 82—

Insert in sub-section (4) “or special member” after “member” (second occurring).

Section 114—

Omit “member of the Australian Federal Police”, substitute “member or special member of the Australian Federal Police”.

Section 122—

Omit “member of the Australian Federal Police”, substitute “member or special member of the Australian Federal Police”.

Defence (Re-establishment) Act 1965

Section 17—

Omit from the definition of “constable” in sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Defence (Special Undertakings) Act 1952

Section 4—

Omit “member of the Australian Federal Police or” from the definition of “constable”, substitute “member or special member of the Australian Federal Police or a member”.

Defence (Visiting Forces) Act 1963........

Section 19—

Omit from sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Section 20—

Omit from sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Diplomatic Privileges and Immunities Act 1967

Section 7—

Insert “and special members” after “members” (first occurring) in paragraph (c) of sub-section (2).

Excise Act 1901.....................

Section 4—

Omit from sub-section (2) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Extradition (Commonwealth Countries) Act 1966

Section 24—

Omit from sub-section (2) “members of the Australian Federal Police or”, substitute “members and special members of the Australian Federal Police and all members”.

Schedule 2—

Omit from Forms 3, 4, 5, 7 and 8 “members of the Australian Federal Police”, substitute “members and special members of the Australian Federal Police”.


SCHEDULE—continued

Acts

Amendments

Extradition (Foreign States) Act 1966.......

Schedule 2—

Omit from Forms 3, 4 and 5 “members of the Australian Federal Police”, substitute “members and special members of the Australian Federal Police”.

Fisheries Act 1952...................

Section 4—

Omit “member of the Australian Federal Police or” from paragraph (c) of the definition of “officer”, substitute “member or special member of the Australian Federal Police or a member”.

Great Barrier Reef Marine Park Act 1975

Section 44—

Insert “or special member” after “member”.

Lands Acquisition Act 1955.............

Section 16—

Insert in sub-section (2) “or special member” after “member”.

Section 57—

Insert “or special member” after “member”.

National Parks and Wildlife Conservation Act 1975

Section 38—

Omit “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or member”.

Navigation Act 1912..................

Section 6—

Omit from the definition of “officer of police” in sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Passports Act 1938...................

Section 5—

Omit from the definition of “officer” in sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police, any member”.

Public Order (Protection of Persons and Property) Act 1971

Section 4—

(1) Omit “a Police Force” from the definition of “constable”, substitute “the Australian Federal Police or of the Police Force of a State or Territory”.

(2) Add at the end thereof the following sub-section:

“(2) References in this Act to a member of the Australian Federal Police shall be read as including references to a special member of the Australian Federal Police.”.

Quarantine Act 1908..................

Section 31—

Omit from sub-section (3) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Removal of Prisoners (Australian Capital Territory) Act 1968

Section 3—

Insert “a member or special member” before “of the Australian” in the definition of “constable” in sub-section (1).

Removal of Prisoners (Territories) Act 1923

section 2—

Omit from the definition of “constable” in sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

Reserve Bank Act 1959................

Section 32—

Omit “member of the Australian Federal Police or” from the definition of “constable”, substitute “member or special member of the Australian Federal Police or a member”.


SCHEDULE—continued

Acts

Amendments

Service and Execution of Process Act 1901

Section 26a—

Omit from the definition of “constable” in sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

States Receipts Duties (Administration) Act 1970

Section 50—

Omit from sub-section (5) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police, or a member”.

Trading with the Enemy Act 1939.........

Section 3—

Omit from the definition of “constable” in sub-section (1) “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police and a member”.

Treasury Bills Act 1914................

Section 14—

Omit “member of the Australian Federal Police or”, substitute “member or special member of the Australian Federal Police or a member”.

 

Overview

The Australian Federal Police (Consequential Amendments) Act 1980 was enacted to address the legal discrepancies arising from the establishment of the Australian Federal Police (AFP) as a distinct federal law enforcement agency. The Act was assented to on 28 May 1980 by the Queen, in accordance with the authority vested in the Parliament of the Commonwealth of Australia. The primary objective of this legislation is to harmonise various Acts to reflect the incorporation of the AFP, ensuring that references to police officers in different statutes are inclusive of both regular and special members of the AFP. This legislative alignment is crucial for maintaining consistency and efficacy across different federal laws where police powers and responsibilities are referenced.

Scope and Application

The Australian Federal Police (Consequential Amendments) Act 1980 applies to various federal Acts by making amendments to define and recognise members of the Australian Federal Police, including special members, as officers in numerous contexts. The legislation ensures consistency in the recognition of Australian Federal Police members across different Acts, thereby affirming their status and powers in various specified situations. This Act applies nationally, impacting any person or entity involved in the federal jurisdiction where these Acts are operative. There are no explicit exclusions or thresholds mentioned in the Act, and its scope is limited to the consequential amendments outlined in the Schedule. The Act itself does not extend or restrict its application through subordinate instruments, as the amendments are direct and contained within the Act.

Key Provisions

The Australian Federal Police (Consequential Amendments) Act 1980 (Act) amends various Acts to incorporate the Australian Federal Police into the definitions of 'Commonwealth officer' and 'constable' (sections 3, 5, 6, 7, 11, 23, 32, 44, 50, 81). The amendments ensure that the Australian Federal Police is recognised in these definitions, with special members also being included where relevant (sections 3, 5, 6, 7, 11, 23, 32, 44, 50, 81). The amendments also update references to 'member of the Australian Federal Police' to 'member or special member of the Australian Federal Police' (sections 3, 5, 6, 7, 11, 23, 32, 44, 50, 81). These changes ensure consistency across the amended Acts regarding the recognition and inclusion of the Australian Federal Police. The Act imposes obligations on the parties and entities it governs by updating definitions and references to include the Australian Federal Police, including special members, in various Acts (sections 3, 5, 6, 7, 11, 23, 32, 44, 50, 81). These obligations ensure that the Australian Federal Police is properly recognised and integrated into the legal frameworks of the amended Acts, allowing it to carry out its duties and responsibilities effectively. There are no explicit offences, penalties, or civil/criminal consequences for breach mentioned in the Act. However, non-compliance with the amended Acts could potentially lead to legal consequences under the respective Acts themselves. The specific penalties for breach would depend on the provisions of the individual Acts that have been amended. It is important for parties and entities governed by these Acts to ensure they are compliant with the updated definitions and references to the Australian Federal Police.

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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.