Australian Federal Police Regulations (Amendment)

Overview

The Australian Federal Police Regulations (Amendment) 1989 No. 1 was enacted to facilitate members of the Australian Federal Police standing for election to the Legislative Assembly for the Australian Capital Territory. This amendment was introduced to address the legislative gap left by the creation of the Australian Capital Territory (Self-Government) Act 1988, which established the Australian Capital Territory House of Assembly, now defunct, and the Legislative Assembly for the Australian Capital Territory. This legislative amendment was authorised by the Minister for Justice, and its policy objective is to allow Australian Federal Police members to participate in the political process at the territory level, thereby ensuring a seamless transition from law enforcement roles to political candidacy. The amendment involved repealing the existing subregulation 41(1) that permitted a member to resign from the Australian Federal Police for the purpose of becoming a candidate in the now-defunct Australian Capital Territory House of Assembly election. In its place, new words were inserted to enable a member to resign for the purpose of becoming a candidate in an election for the Legislative Assembly for the Australian Capital Territory. This change ensures that the regulations align with the current political structure and electoral processes in the Australian Capital Territory.

Scope and Application

The Australian Federal Police Regulations (Amendment) 1989 No. 1 pertains specifically to members of the Australian Federal Police, allowing them to resign their positions in order to stand as candidates for election to the Legislative Assembly for the Australian Capital Territory. This amendment was necessary following the establishment of the Australian Capital Territory under the Australian Capital Territory (Self-Government) Act 1988, which rendered the previous provision for the House of Assembly obsolete. The amendment repeals the previous subregulation that permitted resignation for candidacy in the House of Assembly and inserts new provisions enabling resignation for candidacy in the Legislative Assembly. This regulation applies within the Australian Capital Territory and is a federal regulation, thus affecting the conduct and eligibility of members of the Australian Federal Police within this jurisdiction. Notably, the amendment does not extend its application to other territories or states in Australia, nor does it introduce any new exclusions or exemptions beyond the scope of its stated purpose.

Key Provisions

The Australian Federal Police Regulations (Amendment) 1989 No. 1 introduces significant changes, primarily focusing on the eligibility of Australian Federal Police (AFP) members to stand for election in the Australian Capital Territory (ACT). Section 41(1) of the amendment removes the previous provision that allowed AFP members to resign for the purpose of becoming candidates for the now-defunct Australian Capital Territory House of Assembly. Instead, it introduces a new provision enabling AFP members to resign for the purpose of becoming candidates for the Legislative Assembly for the ACT, established by section 8 of the Australian Capital Territory (Self-Government) Act 1988. This change reflects the transition from the old House of Assembly to the new Legislative Assembly structure. The amended regulation imposes specific obligations on AFP members who wish to resign and stand for election in the ACT Legislative Assembly. Firstly, they must formally notify the Commissioner of the AFP of their intention to resign, as outlined in the new provision. Additionally, they must adhere to any internal AFP processes and policies that govern resignations and political activities. This ensures that the resignation and subsequent candidacy are conducted in a manner that complies with both the AFP’s operational requirements and the legislative framework governing the ACT’s electoral processes. Failure to comply with the provisions of the amended regulation could result in legal and administrative consequences. Although the specific offences, penalties, or consequences are not detailed in the explanatory statement, breaches of the AFP’s internal policies on political activities could lead to disciplinary actions, including potential further resignation from the force. Additionally, if the resignation or candidacy does not align with the electoral laws of the ACT, it could render the candidacy invalid or lead to disqualification from the election. The explanatory statement does not provide details on maximum penalties, but they would likely be determined by both the AFP’s internal disciplinary framework and the ACT’s electoral laws.