EXPLANATORY STATEMENT
1986 No. 289
AUSTRALIAN FEDERAL POLICE (POLICE LIAISON ADVISORY COMMITTEE FOR THE AUSTRALIAN CAPITAL TERRITORY) REGULATIONS (AMENDMENT)
Section 70 of the Australian Federal Police Act 1979 (“the Act”) provides that the Governor-General may make regulations prescribing all matters required or permitted to be prescribed for the purposes of the Act.
The Australian Federal Police (Police Liaison Advisory Committee for the Australian Capital Territory) Regulations (“the Regulations”) have been made for the purposes of sub-section 69(2) of the Act which provides that the constitution and function of the Police Liaison Advisory Committee (“the Committee”) shall be prescribed.
Regulation 4 of the Regulations provides that the Committee shall consist of the Commissioner of Police together with five members of the Australian Capital Territory House of Assembly (“the Assembly”) nominated by the Assembly.
On 30 June 1986, the terms of office of all members of the Assembly expired. Existing Assembly nominees remain members of the Committee because the Regulations provide that Assembly nominees hold office until the first meeting of the Assembly occurring after the first Assembly election occurring after their appointment. It is proposed that the Regulations should be amended to terminate their appointments and allow the Minister to appoint persons to the Committee. This will ensure the Committee has a full membership and that the community is adequately represented pending a decision on the future of the Assembly.
In particular the proposed Australian Federal Police (Police Liaison Advisory Committee for the Australian Capital Territory) Regulations (Amendment) (“the Amending Regulations”) provide
• that the Minister may appoint five members to the Committee, and
• that should the House of Assembly resume, the Committee will again consist of five members of the House instead of the Minister’s appointees.
Details of the Amending Regulations are set out below.
Regulation 1 replaces paragraph 4(1)(b) (which provided that the Committee shall include five members of the Assembly) with a provision which empowers the Minister to appoint five members to the Committee. The regulation also inserts a new
sub-regulation (1A) which provides that where there are persons holding office as members of the Assembly; a person is not to be appointed as a member of the Committee unless that person is a member of the Assembly and nominated by it.
Regulation 2 amends Regulation 5 of the Regulations which deals with the termination of office of Committee members. As amended the Regulation provides that all existing appointments of persons as members of the Committee are terminated from the date of commencement of the Amending Regulations.
The Regulation also provides that a member appointed after the commencement of the Amending Regulations ceases to hold office as a member of the Committee:
• in the case of a member who was appointed while an Assembly member, at the time of the first meeting of the Assembly held after the first Assembly election held after the member’s appointment; or
• in the case of a member who was not a member of the Assembly when appointed, at the time of
- the first meeting of the Assembly held after the first Assembly election held after the member’s appointment; or
- the expiry of three years from the date of the member’s appointment,
whichever first occurs.
Overview
The Australian Federal Police (Police Liaison Advisory Committee for the Australian Capital Territory) Regulations (Amendment) 1986 were enacted to address the issue of the expiration of terms for the members of the Assembly who were part of the Police Liaison Advisory Committee. This legislative amendment was introduced by the Parliament of Australia to ensure the continued functioning of the Committee, particularly in light of the expiration of the terms of the Assembly members. The policy objective of these regulations was to allow the Minister to appoint new members to the Committee temporarily, ensuring that the community's interests were still represented while a decision on the future of the Assembly was being made. This amendment aimed to maintain the Committee's full membership and its ability to function effectively during a transitional period.
Scope and Application
The Australian Federal Police (Police Liaison Advisory Committee for the Australian Capital Territory) Regulations (Amendment) pertains to the composition and function of the Police Liaison Advisory Committee, specifically in relation to the Australian Capital Territory. These regulations amend existing provisions to allow for the appointment of new members by the Minister in the event that existing members' terms expire, ensuring that the Committee remains fully functional and adequately represents the community. The regulations are designed to respond to the expiration of the terms of the Australian Capital Territory House of Assembly members, allowing for the continuation of the Committee’s activities without interruption. The amendment enables the Minister to appoint new members to the Committee, while also stipulating that if the House of Assembly resumes, the Committee will revert to including five members from the Assembly. These regulations ensure the continuity and effective operation of the Police Liaison Advisory Committee within the Australian Capital Territory, maintaining its advisory role as intended by the Australian Federal Police Act 1979.
Key Provisions
The Australian Federal Police (Police Liaison Advisory Committee for the Australian Capital Territory) Regulations (Amendment) (No. 2) 2004 amends the existing Regulations to adjust the composition and appointment process for the Police Liaison Advisory Committee (hereafter referred to as the Committee). Regulation 1 fundamentally changes the criteria for Committee membership, replacing the previous requirement for five Assembly members with a provision that allows the Minister to appoint five members to the Committee (Reg. 1). It is also stipulated that if the Assembly resumes, the Committee will revert to having five Assembly members instead of the Minister’s appointees (Reg. 1(1A)).
These amendments impose specific obligations on the Minister regarding the appointment of Committee members. The Minister is now authorised to appoint five members to the Committee and must ensure that any appointees who were not originally Assembly members will serve for a limited term. If the Assembly resumes, the Minister must adjust the Committee's composition to include five Assembly members, thereby re-establishing the original structure (Reg. 1(1A)). Regulation 2 further outlines the termination of existing members’ appointments from the date of commencement of the Amending Regulations (Reg. 2). It also specifies that any new appointments made under the Amending Regulations will cease upon the first Assembly meeting after the next Assembly election or three years from the date of appointment, whichever occurs first (Reg. 2).
The Amending Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, the failure to adhere to the prescribed procedures for appointing and terminating Committee members could potentially lead to legal challenges regarding the validity of the Committee's actions or decisions. Given the regulatory nature of the document, non-compliance might result in administrative or procedural reviews to ensure adherence to the legislative framework established by the Australian Federal Police Act 1979 and the Regulations.