Australian Federal Police (Police Liaison Advisory Committee for the Australian Capital Territory) Regulations (Repeal)

Overview

The Australian Federal Police (Police Liaison Advisory Committee for the Australian Capital Territory) Regulations (Repeal) Statutory Rules 1988 No. 32 was enacted to repeal existing regulations that established and governed the Police Liaison Advisory Committee for the Australian Capital Territory under the Australian Federal Police Act 1979. The Australian Federal Police Act 1979 was established to create the Australian Federal Police and provide for related purposes, including the formation of the Police Liaison Advisory Committee. The objective of the regulations was to update and streamline the legal framework governing the Committee's constitution and functions, rendering the previous regulations obsolete. These regulations were issued under the authority of the Minister of State for the Arts and Territories, reflecting the need to align with current legislative practices and ensure the effective governance of the Committee. The Australian Federal Police (Police Liaison Advisory Committee for the Australian Capital Territory) Regulations (Repeal) Statutory Rules 1988 No. 32 aim to ensure the Police Liaison Advisory Committee for the Australian Capital Territory is no longer constituted or exercises any functions under the repealed regulations. By doing so, it addresses the need to modernise and streamline the governance framework of the Committee, aligning it with contemporary legislative requirements and ensuring that the Committee's operations are in line with current legal standards. This repeal signifies a step towards more efficient and effective management of the Committee within the Australian Federal Police Act 1979's legislative framework.

Scope and Application

The Australian Capital Territory Australian Federal Police (Police Liaison Advisory Committee for the Australian Capital Territory) Regulations (Repeal) Statutory Rules 1988 No. 32 concern the repeal of previous regulations that established the Police Liaison Advisory Committee for the Australian Capital Territory under the Australian Federal Police Act 1979. The Act itself pertains to the establishment of the Australian Federal Police and includes provisions for the creation of advisory committees, including the Police Liaison Advisory Committee. The scope of this piece of legislation applies specifically to the functions and constitution of the Police Liaison Advisory Committee for the Australian Capital Territory, ensuring that these are no longer governed by the repealed statutory rules. The repealed regulations, which were originally established by Statutory Rules No. 106 of 1981 and subsequently amended by Statutory Rules No. 367 of 1982 and No. 289 of 1986, are superseded by these new rules, meaning the Committee will no longer be constituted or exercise functions under the now-repealed regulations. The jurisdictional reach of these regulations is confined to the Australian Capital Territory, directly affecting the operations and governance of the Police Liaison Advisory Committee within this region.

Key Provisions

The primary operative sections of the Australian Federal Police (Police Liaison Advisory Committee for the Australian Capital Territory) Regulations (Repeal) Statutory Rules 1988 No. 32, are sections 69(1) and 69(2) of the Australian Federal Police Act 1979. Section 69(1) mandates that the Minister must establish a Police Liaison Advisory Committee for the Australian Capital Territory. Section 69(2) specifies that the constitution and functions of this Committee are to be prescribed. The existing regulations, namely Statutory Rules No. 106 of 1981, No. 367 of 1982, and No. 289 of 1986, previously outlined the constitution and functions of the Committee. The new Statutory Rules 1988 No. 32 repeal these previous regulations, thereby rendering the Committee unconstituted and its functions void under those specific regulations. The obligations and requirements imposed by the Act on the parties and entities it governs include the establishment of the Police Liaison Advisory Committee as mandated by section 69(1). This requirement ensures that a committee exists to provide advice and liaison functions related to the Australian Federal Police in the Australian Capital Territory. The Act also places the onus on the Minister to ensure the Committee is appropriately constituted and functions as prescribed. This means that the Minister must ensure the Committee has a clear framework within which it operates, including its composition, roles, and responsibilities. Furthermore, the Act obliges the Minister to ensure any amendments to the constitution or functions of the Committee are properly documented and made in accordance with the legislative process. The repeal of the specific statutory rules through the new Statutory Rules 1988 No. 32 signifies the termination of the Committee's prior constitutional and functional framework. Consequently, the Committee can no longer exercise any roles or duties as previously defined under the repealed regulations. The failure to adhere to these changes could result in the Committee operating without a valid constitutional basis, which could lead to its activities being considered unlawful or unauthorised. Additionally, any actions taken by the Committee after the repeal of the regulations may be deemed void or ineffective, potentially resulting in a legal vacuum where the Committee was supposed to provide liaison and advisory services. Regarding offences, penalties, or consequences for breaches, the Act does not explicitly detail penalties for failing to establish or operate the Committee as prescribed. However, any failure to comply with the statutory requirements could potentially lead to legal challenges or administrative actions. If the Committee continues to operate without a valid constitutional basis post-repeal, it could be subject to judicial review, and its actions could be declared null and void. Additionally, any individual or entity acting on behalf of the Committee without proper authorisation might face civil or criminal consequences depending on the nature and impact of their unauthorised actions. The exact nature and severity of penalties would depend on the specific circumstances and any applicable laws governing administrative actions and unauthorised activities.