Australian Federal Police Regulations (Amendment) 1995 No. 324
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 324
Issued by the Authority of the Minister for Justice
Australian Federal Police Act 1979
Australian Federal Police Regulations (Amendment)
Regulation 47 of the Australian Federal Police Regulations (the regulations) enables the Australian Federal Police (AFP) to charge for specified services rendered to a prescribed authority of the Commonwealth. Schedule 7 to the regulations lists those prescribed authorities of the Commonwealth.
The new regulations update Schedule 7 by omitting references to the Prices Surveillance Authority and Trade Practices Commission, and inserting the Australian Competition and Consumer Commission in their place. This amendment was required as a result of the enactment of the Competition Policy Reform Act 1995 (the Reform Act) which amended the Trade Practices Act 1974 and in effect abolished the Trade Practices Commission and Prices Surveillance Authority. The Australian Competition and Consumer Commission is constituted under the Reform Act to perform their functions together with some new functions under the competition policy reforms.
Regulation 1 provides that the regulations will commence on the day of commencement of Part 3 of the Competition Policy Reform Act 1995.
Regulation 2 provides that the Australian Federal Police Regulations are amended.
Subregulation 3.1 inserts the Australian Competition and Consumer Commission into Part 1 of Schedule 7.
Subregulation 3.2 omits the Prices Surveillance Authority from Part 1 of Schedule 7.
Subregulation 3.3 omits the Trade Practices Commission from Part 1 of Schedule 7.
Overview
The Australian Federal Police Regulations (Amendment) 1995 No. 324, issued under the authority of the Minister for Justice, serves to amend the Australian Federal Police Regulations 1979. This amendment was necessitated by the enactment of the Competition Policy Reform Act 1995, which led to the abolition of the Trade Practices Commission and Prices Surveillance Authority and the establishment of the Australian Competition and Consumer Commission. The policy objective of these regulations is to ensure that the Australian Federal Police can continue to charge for services rendered to prescribed Commonwealth authorities, aligning with the structural changes in competition policy. By updating Schedule 7 to reflect these changes, the regulations maintain the operational framework for the AFP's service charges, ensuring continuity and compliance with the new legislative environment.
Scope and Application
The Australian Federal Police Regulations (Amendment) 1995 No. 324 amends the Australian Federal Police Regulations to align with the Competition Policy Reform Act 1995, which established the Australian Competition and Consumer Commission (ACCC) to replace the abolished Trade Practices Commission and Prices Surveillance Authority. The amendment specifically modifies Schedule 7 of the regulations by inserting the ACCC into the list of prescribed authorities of the Commonwealth for whom the Australian Federal Police can charge for specified services. This change reflects the legislative transition in the regulatory framework concerning competition and consumer policies in Australia. The regulations apply to the Australian Federal Police and the prescribed authorities of the Commonwealth, with a particular focus on updating the list of entities eligible for service charges by the AFP. The amendment ensures the continued functionality and relevance of the AFP’s service charge provisions in the context of the newly established ACCC.
Key Provisions
The main operative sections of the Australian Federal Police Regulations (Amendment) 1995 No. 324 pertain to updating the list of prescribed authorities for which the Australian Federal Police (AFP) can charge for specific services. Regulation 1 sets the commencement date for the regulations, aligning it with the commencement of Part 3 of the Competition Policy Reform Act 1995. Regulation 2 details the amendment of the Australian Federal Police Regulations, with subregulations 3.1 to 3.3 specifically addressing changes to Schedule 7. These subregulations insert the Australian Competition and Consumer Commission into the list of prescribed authorities, and remove the former Prices Surveillance Authority and Trade Practices Commission.
The amended regulations impose several obligations on the AFP. The primary obligation is to adjust their billing practices to accommodate the new prescribed authority, the Australian Competition and Consumer Commission, while ceasing to bill the now-defunct Prices Surveillance Authority and Trade Practices Commission. This change in billing practices is necessitated by the Competition Policy Reform Act 1995, which introduced the Australian Competition and Consumer Commission to replace the functions previously carried out by the abolished entities. The AFP must ensure that their services rendered to the Australian Competition and Consumer Commission are billed in accordance with the updated regulations.
The Australian Federal Police Regulations (Amendment) 1995 No. 324 does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the amendments. However, any failure to adhere to the updated billing practices and to charge or not charge the appropriate prescribed authorities as per the regulations could potentially result in financial discrepancies or disputes. In broader legal terms, non-compliance with statutory requirements could lead to administrative actions, fines, or other legal repercussions depending on the nature and impact of the non-compliance. The precise penalties would be determined in accordance with the broader legal framework governing the Australian Federal Police and their billing practices.