Australian Federal Police Regulations (Amendment) 1998 No. 232
Explanatory Statement
Statutory Rules 1998 No. 232
Issued by the Authority of the Minister for Justice
Australian Federal Police Act 1979
Australian Federal Police Regulations (Amendment)
Introduction
Department of Finance guidelines require agencies to develop and maintain a schedule of chargeable services. In late 1997, the AFP reviewed their charges for services and as a result requested that the AFP regulations be amended.
2. Section 70 and in particular sub sections 70 (c) and (d) of the AFP Act authorise the making of regulations to provide fees for police services.
3. The amending regulations prescribe increases in chargeable fees and replace Schedule 6 (Fees). The new schedule is largely concerned with updating the level of fees charged since the previous review while making minor additions to the structure of the fees by way of the deletion of an unnecessary item and minor changes to the wording of existing items.
4. Details of the amendments are:
Regulation 2 (Interpretation)
5. AFP is defined in sub reg 2.1 as meaning Australian Federal Police.
6. The wording of the definition of 'cost to the AFP for use of the member's time' is amended to delete 'the' wherever it appears in the phrase.
7. The definition of 'cost to AFP for use of the member's time' has been amended also by omitting 159.4% and substituting 138.6%. The reduction in the oncost percentage for the use of a member's time is due to reductions in several underlying components of this percentage (namely superannuation, property operating expenses, compensation and legal costs and corporate support).
8. As there is no regulation 47, the reference to 'or 47' twice occurring in regulation 48 has been deleted.
Schedule 6 (Fees)
9. Schedule 6 (Fees) has been omitted and replaced with a new schedule which updates the fees and also updates and improves on the drafting of the items.
10. Old item 2 has been omitted as it is encompassed in item 1.
11. New item 4, 'searching a set of fingerprints against AFP records and providing a report of the search result', has been included as a specific service.
12. New item 10 updates the list of reports provided by the AFP and the fees charged. Medical reports have become a new separate item (see items 26 and 27) as has lost property reports (see item 11).
13. Items 18 to 24 have been redrafted in plain English.
14. New item 25 involves undertaking a medical examination and preparing a medical report. This is a service which is occasionally required from the AFP medical area and which parallels services provided in private medical practice. The proposed fee for this service is based on the schedule from Health Services Australia, a national health and advisory service (formerly the Australian Government Health Services).
15. The amending regulations commenced on gazettal.
Overview
The Australian Federal Police Regulations (Amendment) 1998 No. 232, issued by the authority of the Minister for Justice under the Australian Federal Police Act 1979, were enacted to address the need for updated fee structures for police services provided by the Australian Federal Police (AFP). This amendment followed a review of AFP's charges for services in late 1997, in response to Department of Finance guidelines requiring agencies to maintain a schedule of chargeable services. The policy objective of these regulations is to ensure that the fees for AFP services reflect current costs, while also improving the clarity and structure of the fee items. The amendments include updates to the fees charged, the deletion of an unnecessary fee item, and minor changes to the wording of existing items to enhance readability and understanding. These changes are largely driven by reductions in certain underlying costs associated with the use of AFP members' time.
Scope and Application
The Australian Federal Police Regulations (Amendment) 1998 No. 232 amends the Australian Federal Police Regulations under the authority of the Minister for Justice and applies to the Australian Federal Police (AFP). These amendments pertain to the schedule of chargeable services, specifically updating the fees charged for various services provided by the AFP. The new schedule reflects recent reviews of the charges and makes minor structural adjustments to the fee structure, such as the deletion of an unnecessary item and changes to the wording of existing items. This Act applies to persons and entities that engage in transactions with the AFP, where fees for services are applicable. The jurisdictional reach of these regulations is federal, as they pertain to the AFP which is a Commonwealth law enforcement agency. There are no specific exclusions or exemptions stated within the explanatory statement, though it is implied that the updated fees apply universally to all services rendered by the AFP. The application of these regulations may be further defined or restricted through subordinate instruments as necessary.
Key Provisions
The main operative sections of the Australian Federal Police Regulations (Amendment) 1998 No. 232 involve significant changes to the fee schedule for services provided by the Australian Federal Police (AFP). Section 70 of the Australian Federal Police Act 1979 authorises the making of regulations to provide fees for police services, and these amendments specifically focus on updating and modifying the fees outlined in Schedule 6. The primary changes include the replacement of the existing fee schedule with a new one that reflects updated fee levels and minor structural adjustments, such as the deletion of an unnecessary fee item and the addition of new services like the search of fingerprints against AFP records and the preparation of medical reports.
The obligations and requirements imposed by the amending regulations on the AFP and the entities they govern primarily revolve around the updated fee structure. The AFP is required to charge the updated fees for services as outlined in the new Schedule 6, ensuring that the fees accurately reflect the cost of providing these services. This includes the new fee for searching a set of fingerprints against AFP records and providing a report, which is now a specific chargeable service. Additionally, the AFP must ensure that the definition of 'cost to the AFP for use of the member's time' is correctly applied when calculating fees, with the updated percentage of 138.6% replacing the previous 159.4%.
The amending regulations also address minor drafting errors and inconsistencies within the existing regulations. For instance, the reference to 'or 47' in regulation 48 has been removed since there is no regulation 47. These changes are intended to improve the clarity and accuracy of the fee schedule, ensuring that all parties are aware of the correct charges for the services provided by the AFP.
The Australian Federal Police Regulations (Amendment) 1998 No. 232 does not explicitly detail specific offences, penalties, or consequences for breach. However, by virtue of the Australian Federal Police Act 1979, any failure to comply with the regulations, including charging incorrect fees for services, could potentially lead to legal action. While the amending regulations themselves do not set out specific penalties, breaches of the Act or regulations could result in civil or criminal consequences depending on the nature and severity of the breach. It is important for the AFP and the entities it governs to adhere strictly to the updated fee schedule to avoid any legal ramifications.