Australian Federal Police Regulations (Amendment)

Overview

The Australian Federal Police Regulations (Amendment) 1990 No. 23, was enacted to address the need for the application of the Listening Devices Act, 1972 (South Australia) by members of the Australian Federal Police who are also members of the staff of the National Crime Authority. This amendment ensures that the operation of the South Australian Act is preserved to the extent that it allows for the issuance of listening device warrants by these members for the investigation of matters related to Commonwealth offences that do not fall under the classes of offences for which warrants may be sought under section 12G of the Australian Federal Police Act 1979. The regulations also detail the forms of warrant for the purposes of subsections 12G(2) and (4) of the Australian Federal Police Act 1979, ensuring that warrants issued for the use of listening devices in relation to specified serious offences comply with prescribed forms. Authorised by the Attorney-General, these regulations aim to streamline the legal framework governing the use of listening devices by law enforcement officers in the context of serious investigations.

Scope and Application

The Australian Federal Police Regulations (Amendment) 1990 No. 23 serves to integrate the Listening Devices Act, 1972 from South Australia within the purview of the Australian Federal Police Act 1979, specifically through subsection 12C(1). This legislation applies to members of the Australian Federal Police who are also members of the staff of the National Crime Authority when they are involved in the investigation of Commonwealth offences that do not fall under the category of class 1 or class 2 general offences, for which warrants can be sought under section 12G of the Australian Federal Police Act 1979. The scope is geographically limited to the Australian Federal Police and their authorised activities within the framework of Commonwealth legislation. The amendment also prescribes the forms of warrants for the use of listening devices under subsections 12G(2) and (4) of the Australian Federal Police Act 1979, ensuring that any warrants issued comply with the prescribed format as mandated by subsection 12G(8). The regulations are intended to facilitate the enforcement of serious offences against the law of the Commonwealth or the Australian Capital Territory.

Key Provisions

The Australian Federal Police Regulations (Amendment) primarily serve to integrate the provisions of the Listening Devices Act, 1972 (South Australia) into the framework of the Australian Federal Police Act 1979, specifically under subsection 12C(1). This integration ensures that members of the Australian Federal Police, who are also staff of the National Crime Authority, can apply for listening device warrants when investigating Commonwealth offences that fall outside the scope of class 1 or class 2 general offences, which are covered under section 12G of the Australian Federal Police Act 1979 (sections 12C(1), 12G). The amendment is limited to the investigation of Commonwealth offences, thereby preserving the operation of the South Australian Act in this particular context. The Regulations further outline the specific obligations and requirements for the Australian Federal Police and the National Crime Authority in relation to the use of listening devices. For instance, any warrant issued for the investigation of a Commonwealth offence must be in accordance with the prescribed forms stipulated in the Regulations (subsection 12G(8)). These forms are designed to ensure that warrants are issued correctly and cover all necessary details, including the authority under which the warrant is issued, the specifics of the investigation, and the particular person or premises involved. This formalisation helps maintain legal and procedural integrity in the application of listening devices during investigations. In terms of compliance and enforcement, the Regulations do not explicitly list specific offences, penalties, or consequences for breaches within the text provided. However, any breach of the prescribed forms or misuse of listening devices by the Australian Federal Police or the National Crime Authority would likely fall under the general provisions of the Australian Federal Police Act 1979 or other relevant Commonwealth legislation. Such breaches could result in administrative penalties, legal action, or disciplinary measures depending on the severity of the breach and the governing laws at the time. The precise penalties would need to be sought in the broader legislative context in which these Regulations operate.