Australian Federal Police (Discipline) Amendment Regulations 2000 (No. 1) 2000 No. 36
Explanatory Statement
Statutory Rules 2000 No. 36
Issued by the Authority of the Minister for Justice and Customs
Australian Federal Police Act 1979
Australian Federal Police (Discipline) Amendment Regulations 2000 (No. 1)
Section 70 of the Australian Federal Police Act 1979 (the Act) provides, amongst other things, that the Governor-General may make regulations prescribing all matters required or permitted by the Act, or necessary or convenient to be prescribed, for securing the discipline and good government of the Australian Federal Police (AFP).
Section 14 of the Act provides that the Commissioner may issue General Orders with respect to the general administration of the AFP and General Instructions for the effective and efficient conduct of the operations of the AFP.
Regulation 3 of the Australian Federal Police (Discipline) Regulations provides General Orders and General Instructions issued by the Commissioner under section 14 of the Act with their disciplinary force.
Regulation 3 provides that an Australian Federal Police (AFP) appointee must comply at all times with specified provisions of a General Instruction specified in Part 2 of Schedule 1 to the Regulations. Regulation 3 also limits a reference to a General Instruction to be a reference to a General Instruction issued under section 14 of the Act that is in force on 1 July 1995.
General Instruction 1, in its entirety, is specified in Schedule 1. It gives effect to the general policy of the AFP for the use of force and related matters. Amendment of General Instruction 1 took effect on 7 April 1999. This amendment was not reflected in regulation 3, which continues to refer to General Instructions in force on 1 July 1995.
The amendment will update the regulations to reflect the amendment of General Instruction 1.
Paragraph 3(2)(b) of the Regulations is amended by replacing "in force on 1 July 1995' with "in force on 7 April 1999".
The amending regulations commence on gazettal.
Overview
The Australian Federal Police (Discipline) Amendment Regulations 2000 (No. 1) were enacted in 2000 to address a gap in the Australian Federal Police (Discipline) Regulations that failed to recognise an amendment to General Instruction 1 regarding the use of force and related matters. These regulations were issued under the authority of the Minister for Justice and Customs and are an amendment to the Australian Federal Police (Discipline) Regulations, which were themselves made pursuant to the Australian Federal Police Act 1979. The policy objective of these regulations is to ensure that the disciplinary regulations remain current and accurately reflect the General Instructions issued by the Commissioner under the Act, thereby maintaining the discipline and good governance of the Australian Federal Police. The amendments were designed to update the regulations to reflect the changes made to General Instruction 1, which took effect on 7 April 1999, ensuring that all disciplinary provisions align with the most recent policy directives.
Scope and Application
The Australian Federal Police (Discipline) Amendment Regulations 2000 (No. 1) are designed to align the disciplinary framework of the Australian Federal Police (AFP) with updated General Instructions concerning the use of force. The regulations apply to all appointees within the AFP, ensuring that they comply with the specified provisions of General Instructions that have been updated to reflect changes made on 7 April 1999. These regulations are made under the authority of the Australian Federal Police Act 1979, which empowers the Governor-General to make rules necessary for the discipline and good governance of the AFP. The amendments update the regulations to reflect the amendment of General Instruction 1, ensuring that the disciplinary framework remains current and effective. The geographic and jurisdictional reach of these regulations is limited to the AFP, and they do not extend beyond the Commonwealth. The regulations come into effect upon gazettal, ensuring that the updated disciplinary framework is promptly implemented.
Key Provisions
The Australian Federal Police (Discipline) Amendment Regulations 2000 (No. 1) primarily serve to update the regulations concerning the disciplinary framework of the Australian Federal Police (AFP). Specifically, Section 70 of the Australian Federal Police Act 1979 allows the Governor-General to make regulations necessary for the discipline and good governance of the AFP. Regulation 3 of the Australian Federal Police (Discipline) Regulations mandates that AFP appointees must comply with specified provisions of General Instructions issued by the Commissioner under Section 14 of the Act. General Instruction 1, which outlines the AFP’s policy on the use of force and related matters, was amended on 7 April 1999. However, Regulation 3 did not reflect this amendment, continuing to reference General Instructions in force as of 1 July 1995. The purpose of the amending regulations is to update Paragraph 3(2)(b) by replacing "in force on 1 July 1995" with "in force on 7 April 1999".
The obligations imposed by these regulations are primarily directed at AFP appointees, who must comply with the General Instructions specified in the Regulations. This compliance includes adhering to the updated General Instruction 1, which governs the use of force and related matters within the AFP. The regulations ensure that the disciplinary framework remains current and reflective of any amendments to the General Instructions. By mandating compliance with General Instructions in force on 7 April 1999, the Regulations aim to maintain the discipline and effectiveness of the AFP in line with the most recent policy directives.
Breaches of the amended regulations could potentially lead to disciplinary actions against AFP appointees. Although the specific offences and penalties are not detailed in the explanatory statement, the overarching framework of the Australian Federal Police Act 1979 and related regulations implies that non-compliance with General Instructions could result in disciplinary measures. These measures may include formal reprimands, demotions, or other corrective actions as deemed necessary by the Commissioner. The severity of the consequences would depend on the nature and extent of the breach, with the aim of upholding the discipline and good governance of the AFP.
The Australian Federal Police (Discipline) Amendment Regulations 2000 (No. 1) are designed to ensure that the disciplinary framework of the AFP is aligned with current policies and instructions. By updating the reference date in Regulation 3, the regulations clarify the scope of compliance required from AFP appointees. The amendments reflect the legislative intent to maintain a disciplined and well-governed police force, thereby enhancing the effectiveness and integrity of the AFP in carrying out its duties.