Australian Federal Police (Protective and Custodial Functions) Direction 2024
I, Mark Dreyfus KC MP, Attorney‑General, make the following direction.
Dated 23 September 2024
Mark Dreyfus KC MP
Attorney‑General
Contents
1 Name..............................................1
2 Commencement........................................1
3 Repeal..............................................1
4 Authority............................................1
5 Direction - Protective and custodial functions.......................1
6 Direction - Protective service functions...........................1
Schedule.............................................2
1 Name
This instrument is the Australian Federal Police (Protective and Custodial Functions) Direction 2024.
- Commencement
This instrument commences on 23 September 2024.
- Repeal
This instrument repeals previous directions made under paragraph 8(1)(be) and section 8A of the Australian Federal Police Act 1979 (the Act).
4 Authority
This instrument is made under paragraph 8(1)(be) and section 8A of the Act.
5 Direction - Protective and custodial functions
(1) For paragraph 8(1)(be) of the Act, the protective and custodial functions that the Australian Federal Police are to perform are police services and protective services with respect to persons and property, in Australia or in a foreign country, in relation to:
(a) laws of the Commonwealth;
(b) property of the Commonwealth (including Commonwealth places) and property of authorities of the Commonwealth;
(c) the safeguarding of Commonwealth interests;
(d) assisting, or cooperating with an Australian or foreign law enforcement, security or emergency services agency;
(e) the functions specified in column 3 of an item in Schedule 1 in respect of each person described or specified in column 2 of that item; and
(f) any other protective or custodial functions that the Commissioner of Police (the Commissioner):
(i) considers that the Australian Federal Police has the capacity to provide; and
(ii) authorises the Australian Federal Police to perform.
6 Direction - Protective service functions
For section 8A of the Act, the protective and custodial functions in Schedule 1 are protective service functions.
Schedule 1 Protective and custodial functions
Item Person Functions
1 Department of Defence. Protective services for defence
property including special
defence undertakings declared under section 6 of the Defence (Special Undertakings) Act 1952.
2 Department of Home Affairs. Custodial services under the
Migration Act 1958 (including escort services, however described).
3 Agency Head, a person who is able Protective services, protective
to make binding arrangements on security advice, conduct
behalf of a foreign country, an of security surveys of premises,
international organisation, or any monitoring of alarms installed at
authority of such a person or premises, and security training of
organisation. personnel in Australian or in a
foreign country.
4 Agency Head, a person who is able Custodial services, in Australia or in
to make binding arrangements on a foreign country, and all services
behalf of a foreign country, an reasonably related to the provision
international organisation, or any of those services, for a period
authority of such a person or determined by the Commissioner in
organisation. consultation with the person
making the request.
5 Operators of airports under the Counter-terrorist first response
Aviation Transport Security Act 2004. force services under the Aviation Transport Security Regulations
2005 and other protective services at those airports.
Overview
The Australian Federal Police (Protective and Custodial Functions) Direction 2024 was introduced to provide clarity and direction regarding the protective and custodial functions of the Australian Federal Police. Enacted by the Attorney-General, Mark Dreyfus KC MP, this direction aims to specify the scope and nature of the functions that the Australian Federal Police are authorised to perform under the Australian Federal Police Act 1979. This instrument serves to repeal previous directions and updates the list of protective and custodial functions in alignment with current operational needs and legislative requirements. The overarching policy objective is to ensure that the Australian Federal Police can effectively carry out their protective and custodial roles, supporting national security and law enforcement both domestically and internationally.
Scope and Application
The Australian Federal Police (Protective and Custodial Functions) Direction 2024, made under the Australian Federal Police Act 1979, outlines the protective and custodial functions the Australian Federal Police (AFP) is tasked with performing. This Direction specifies that the AFP's protective and custodial duties encompass police services and protective services related to Commonwealth laws, property, and interests, both within Australia and abroad. Additionally, it includes assisting or cooperating with Australian or foreign law enforcement, security, or emergency services agencies, as well as performing specific functions for certain persons and entities as outlined in Schedule 1 of the Direction. Schedule 1 delineates the protective and custodial functions for various entities, including the Department of Defence, the Department of Home Affairs, foreign agencies, and airport operators, among others. This Direction repeals previous directions and comes into effect on 23 September 2024, thereby updating the scope of the AFP's protective and custodial roles.
Key Provisions
The Australian Federal Police (Protective and Custodial Functions) Direction 2024 outlines specific protective and custodial functions that the Australian Federal Police (AFP) must perform, as detailed in section 5(1). These functions include providing police and protective services concerning Commonwealth laws and property, safeguarding Commonwealth interests, assisting or cooperating with law enforcement agencies, and executing functions specified in Schedule 1. The direction also designates the protective service functions outlined in Schedule 1, as stated in section 6. The Schedule identifies particular persons and entities, such as the Department of Defence, the Department of Home Affairs, and operators of airports under the Aviation Transport Security Act 2004, for whom the AFP must provide specific protective and custodial services.
The obligations imposed by the direction on the AFP include executing the protective and custodial functions as specified in section 5(1) and performing the protective service functions listed in Schedule 1. These obligations are directed by the Commissioner of Police, who has the authority to determine the capacity and authorisation of the AFP to perform these functions. The AFP must also ensure that these services are provided in compliance with the requirements set out in the Australian Federal Police Act 1979. The Commissioner is responsible for determining the period for which custodial services are provided, as per the functions outlined in Schedule 1, particularly for persons or entities that can make binding arrangements on behalf of foreign countries or international organisations.
The Australian Federal Police (Protective and Custodial Functions) Direction 2024 does not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance with the direction. However, given the statutory context within which the direction operates, any failure to adhere to the specified functions or the failure to perform the designated protective and custodial services could potentially lead to legal consequences under the Australian Federal Police Act 1979. The Act itself provides a framework for enforcement and could include provisions for penalties or sanctions for non-compliance, although these are not specified in the direction itself.